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01-13-81 JANUARY 13, 1981 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday~ January 13, 1981, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Mayor Weekes. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of December 16, 1980, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird stated that he was privileged to see the initial presentation of a multimedia presentation of the City of Jerusalem at the Town Center Mall in Boca Raton. If anyone happens to be in the Town Center shopping mall between now and January 17th, he recommends that they see it. 4.a.2. Mr. Bird noted that Council, in the October budget session, had agreed that sometime right after the 1st of the year would be an appropriate time to reflect again on the budget. He requested that Council establish a date for that next meeting. The City Manager advised that he is working on some materi- als which he expects to bring before Council some time this week; it covers the subject of the budget workshop meeting that Mr. Bird referred to, in addition to several other subjects including the refuse collec- tion contract and a nUmber of related things. He suggested that they have a workshop meeting encompassing all of those items. Council mem- bers had no objections to discussing other agenda items at that workshop meeting. Mr. Bird stated that one of his concerns is that there are not very many days ahead before budget policy decisions irrevocably have to be made. He is not prepared to let many more days go by before they address this issue. It was the consensus of Council to hold that workshop meet- ing on Monday, January 26, 1981 at 5:00 P.M. 4.b.1. Mrs. Durante noted that some time ago they discussed the problem of stray dogs and they discussed the fee for stray dogs which are reclaimed by owners; the fee was about $1. Council felt, at that time, that this fee should be raised. She requested that this issue be brought before Council to discuss changing the ordinance to reflect a new fee and also to reflect a fee structure for the first time, second time, third time and so on; to make it higher. She was informed by Mr. Martin that the same dogs are being picked up over and over again. It was the consensus of Council to have this item on the next workshop agenda. 4.b.2. Mrs. Durante discussed the scanner systems being used by supermarkets at the checkout counter. She noted that some of the super- markets are now dropping their individual item pricing and putting the prices on the shelves instead. As a shopper, this presents a problem for her. Some cities in South Florida have passed an ordinance to require the supermarkets to retain the individual item pricing. She requested that this Council consider having a similar ordinance. Mr. Bird inquired as to what action the County Commission took on this subject. It was his understanding that they were going to take positive action today; he doesn't know whether they did or not. Mrs. Durante stated that she was unaware that the County Commission was considering this item. She requested that they find out if the County is going to do anything. If they are, fine; if they are not, she requests that this Council consider taking some action. Mayor Weekes stated that he looks at this as government intrusion on private enterprise, the same way he looks at the "Clean Indoor Air Ordinance". It was the consensus of Council to defer this item until they find out whether or not the County Commission is doing anything about it. 4.b.3. Mrs. Durante stated that last week's discussion, regarding the canine program, left some members of the public in a state of confu- sion. Some people she spoke to got the impression that Council had completely turned down the program. She clarified that it was not turned down; they are looking into the cost of it. The people she spoke with felt that the program would be so effective that Council should not be so concerned over the cost. She agrees with those people and she requested that Council consider the program now. Mrs. Durante moved to authorize the administration to insti- tute a canine program with at least two dogs, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Bird stated that his objection is not to the program itself, but to the lack of information and to the fact that they are now entering into the time of year when they have their heaviest populatio~ concentration and highest percentage of misdeeds. He feels that it is an ill time to send some members of the Police Department off for a twelve week training program. He suggested defer- ring this for twelve weeks. At this point the roll was called to the motion. 5. There were no public requests from the' floor. 6.a. No items not on the agenda were submitted through the City Manager. 6.b. CONSENT AGENDA The City Manager reported on the following items which are to be considered by Council as a Consent Agenda: (1) It is recommended that Council authorize execution of an agreement between the City and Broward Piling, Inc. relative to dredging in Granada, South Grande and Trinidad canals. The dredging was required because of siltation resulting from the sanitary sewer project by Bumby & Stimpson. A lawsuit was brought against Bumby & Stimpson and a court settlement in the amount of $20,000 was awarded to the City. Bids were taken on the project, but because the bid quotations exceeded $20,000, the Engineering Department negotiated with Broward Piling to do the work. Broward Piling verbally committed to do the work for less than $15,000. A contract was drawn up and submitted to Broward Piling for signature, however, the work was completed before the contract was executed. COst of the work was $11,872, which will be paid from the $20,000 settlement awarded the City. (2) As discussed informally at the January 6th workshop meeting, Council is to consider authorizing execution of a Mutual Aid Agreement between the City and Del-Trail Fire Control Tax District No. 9. (3) As discussed at the January 6th workshop meeting, Council is to consider the appointments of the following alternate members of the Code Enforcement Board: Norma Simon (Businessperson) to a term ending January 14, 1984; Robert J. McDonald (General Contractor) to a term ending January 14, 1983; Betty Diggans (Real Estate Person) to a term ending January 14, 1983; and William H. Merriam (Architect) to a term ending January 14, 1984. Council may also consider the reappointment of Ron Sanson as a regular member to a term ending January 14, 1984. Mr. Sanson is willing to serve if reappointed. - 2 - 01/13/81 (4) Consideration may be given to the reappointments of Richard Hanna and Matt Gracey as members of the Board of Construction Appeals to terms ending January 8, 1984. Don MacLaren, a licensed sign contractor, presently an alternate member of the Community Appearance Board. He prefers to serve on the Board of Construction Appeals. If appointed, his term would expire on January 8, 1984. (5) As discussed at the workshop meeting on January 6th, Council is to consider authorizing appraisal of the proposed park and recreation land to be located in the vicinity of Lake Ida Road and Barwick Road. The amount of uncommitted money from the sale of City land is $275,400 (with only the $57,000 for the traffic signalization on Federal Highway at Lindell being deducted from the amount received). If action other than the above is desired by Council, it.is recommended that that be handled by separate action after approval of the Consent Agenda item above approving the obtaining of a property appraisal. (6) A communication has been received from V.F.W. Post 4141 requesting permission to solicit funds on March 20th and 21st, approval of which is recommended by the Solicitations Committee. (7) The City is in receipt of an application from John L. and Maggie L. Hardin for City water service to serve 4518 Franwood Drive, which is outside the City. This is a single family residence. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicant. (8) Resolution No. 2-81 relative to authorizing the purchase of exercise equipment for the Police Department and the materials needed to renovate the second floor of the Police building to accommodate such equipment is before Council for consideration. The funding for these purchases is to come from the law enforcement trust fund. Council ap- proved institution of the physical fitness program on November 25, 1980. The caption of Resolution No. 2-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO SECTION 2-36 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AUTHORIZING AND DIRECTING THE CITY PURCHASING AGENT TO PROCEED WITH PRICE NEGOTIATIONS WITH PROSPECTIVE VENDORS CONCERNING THE PUR- CHASE OF EXERCISE EQUIPMENT FOR THE POLICE DEPARTMENT AND MATERIALS TO RENOVATE THE POLICE BUILDING, AND TO PUR- CHASE SUCH EQUIPMENT AND MATERIALS AT THE MOST ADVANTA- GEOUS TERMS AND PRICE; PROVIDING FOR FUNDING FOR THESE PURCHASES TO COME FROM THE LAW ENFORCEMENT TRUST FUND. (Copy of Resolution No. 2-81 is on file in the official Resolution Book) (9) The following bids have been received to install an 8" well and pump at Miller Park: Bidder Quotation Baxter Well Drilling $11,335.55 Boynton Beach Webb's Well Drilling 22,400.00 Jupiter A.E.C.O.A. 21,083.00 Lake Worth It is recommended that the contract be awarded to the low bidder, Baxter Well Drilling in the amount of $11,335.55 by passage of Resolution No. 4-81. - 3 - 01/13/81 The caption of Resolution No. 4-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE INSTALLATION OF AN 8" WELL AND PUMP AT THE SITE OF MILLER PARK EXPAN- SION FOR THE PURPOSE OF CHLORIDE MONITORING, WATER LEVEL RECORDING AND IRRIGATION TO THE MILLER PARK EXPANSION.. (Copy of Resolution No. 4-81 is on file in the official Resolution Book) (10) The Planning & Zoning Board at a meeting held on December 23, 1980, recommended by unanimous vote that the site and development plan approval extension for Marina Del Rey, located north of N.E. 8th Street between Palm Trail and the Intracoastal Waterway be extended for one year to January 14, 1982. This was discussed at the workshop meet- ing on January 6th. (11) The Planning & Zoning Board at a meeting held on December 23, 1980, recommended by unanimous vote that the conditional use, site and development plan approval for Congress Avenue Shopping Center, lo- cated at the southwest corner of Atlantic Avenue and Congress Avenue be extended for six months to July 9, 1981. This was discussed at the January 6th workshop meeting. (12) The Planning & Zoning Board at a meeting held on October 20, 1980, recommended by unanimous vote that the site and development plan for Linton Lake to allow 188 single family dwelling units on 57.76 acres at the southwest corner of Congress Avenue and Linton Boulevard be ap- proved, subject to: (a) City Engineer's memorandum of September 22, 1980. (b) Director of Public Utilities memorandum of September 12, 1980. (c) A time limitation of 18 months be set for develop- ment of the project. This was discussed at the January 6th workshop meeting. Mr. Bird moved for adoption of the Consent Agenda, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call the following discussion was had: The City Manager explained what the motion to adopt the Consent Agenda means. The City Attorney added that if Council adopts a motion to approve the Consent Agenda and that motion passes, that will then have the intended effect of adopting all the resolutions and of upholding the recommenda- tions of the Planning & Zoning Board. The wording in the agenda is not exact on some of these items. At this point the roll was called to the motion. The City Manager reported that, with regard to item 6.b.(5), he received the appraisal report this afternoon for the 11 acres at the northeast corner of Lake Ida Road and Barwick Road; the appraisal figure is $220,000 ($20,000 per acre). Council had requested this information at a recent meeting. REGULAR AGENDA Mayor Weekes noted that there are many people in the audi- ence who are here for item 8.d. Mr. Bird moved that item 8.d. be the next item of business on the agenda, seconded by Mr. Scheifley. Said motion passed unani- mously. - 4 - 01/13/81 8.d. The City Manager reported that Ordinance No. 72-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will change the City's Land Use Plan designation in the Com- prehensive-Plan from C (Commercial) to MF-15 Multiple Family (15 units/ acre) for a parcel located within the boundaries of Avenue "A" on the north, Avenue "E" on the south, Florida Boulevard on the east and Frede- rick Boulevard on the west. This ordinance was passed on First Reading at the November 25, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 72-80: 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 FROM C-COMMERCIAL TO MF-15 MULTIPLE FAMILY (15 UNITS/ACRE) FOR A PORTION OF THE PARCEL THAT IS LOCATED WITHIN THE BOUNDARIES OF AVENUE "A" ON THE NORTH, AVENUE "E" ON THE SOUTH, FLORIDA BOULEVARD ON THE EAST AND FREDERICK BOULEVARD ON THE WEST, WHICH IS MORE PARTICULARLY DESCRIBED IN THE ORDI- NANCE, AND AMENDING THE LAND USE PLAN. The City Manager read the caption of the ordinance. Mayor Weekes reported that he received a letter this after- noon from Attorney Michael Botos representing William Chamberlain who is an automobile dealer and owns property in that vicinity. The letter expresses concerns regarding the proposed change in the land use plan and asks that the'matter be continued so that the surrounding property owners have an opportunity to properly present their opinions. The City Attorney added that another property owner in the vicinity, and his attorney are here tonight and they have made the same request. Mayor Weekes asked Council members whether or not they wish to defer this public hearing. Discussion was had in this regard. Upon question by Mrs. Durante, the City Attorney advised that Council could adopt a motion to continue this item and reset it for a specific date. He further advised that Mr. Botos, in his letter, mentioned that some property owners were under the impression that the item had failed con- clusively after the Planning & Zoning Board meeting at which time the item failed with a 3 to 3 vote; only recently were they notified of the fact that the item was yet coming to City Council. Upon question by Mr. Bird, the City Attorney replied that he does not think there would be any significant prejudice if the matter were deferred and if both sides were given the opportunity for a hearing. Mr. Young moved that they open the public hearing and pro- ceed with the agenda item, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird stated that they can open the public hearing and later decide that a continuation is still in order; that option is still open to Council. Mrs. Durante stated that she is in favor of a continuation. At this point the roll was called to the motion. 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 following people spoke in favor of Ordinance No. 72-80: 1. Mr. Jim Carter, President of the Tropic Isle Civic Associ- ation, stated that their association is the one most directly affected by this ordinance; they live right next door. The problem, as they see it, is what are they going to do about Florida Boulevard. The busi- nesses along there have improper screening, improper fences, and resi- dents across the street have to look at junked cars. They feel that the main factor is the appearance of the west side of Florida Boulevard; regardless of whether the zoning is changed or not. - 5 - 01/13/81 3'30 2. Mr. Thomas McManus, Director of the Tropic Isles Associa- tion, stated that, basically, the problem is the quality of life for approximately 3,000 residents who live on the east side of Florida Boulevard. The residents of Tropic Isle intend to preserve that quality of life; they have all worked very hard for it. The overgrowth behind these auto agencies does not improve the quality of life in the area: lighting on all night, loudspeakers all day, testing of cars along Florida Boulevard and Spanish Trail. Commercial expansion will continue unless they do something. On behalf of the residents of Tropic Isle, he is asking for Council's protection. 3. Mrs. Marion MacLeod, speaking on behalf of the Tropic Bay Condominium Association, discussed the history of the land use plan, and. past changes that have been made in regard to the subject property. There have been many hearings on this subject, so there has been ample opportunity for anyone to come and speak on this issue, yet the owners of the businesses in the area have hardly ever appeared at any hearings. The City has often voiced a desire to zone in a manner so that the City and County are in agreement. The County has included, in the July 1980 Palm Beach County Land Use Plan, a special provision protecting Tropic Isle/Tropic Bay area; she described the provision. She stated that their reasons for wanting to continue a residential designation are well known and she can support anything she has said. She disagrees with Mr. Carter's view on the importance of the appearance; she thinks that the legal standing of the property is more important. If the property changes hands, they need some sort of guarantee that the property will be protected in the future. She presented a 23 page petition, a total of 670 signatures, from Tropic Bay and Tropic Isle. Each person who signed the petition is worried about the safety of his neighborhood. They have delivered to Council members a copy of a letter addressed to her from the Palm Beach County Department of Planning, Zoning and Build- ing dated October 14th, which outlines the safeguards written in their new Land Use Plan. She requested that Council give her the opportunity to respond to any points brought up by the opposition. The following spoke in opposition of Ordinance No. 72-80. 1. Mr. Albert Fletcher, attorney, representing the involved landowners whose land faces Florida Boulevard; Ralph Buick, Mr. Wiebelt and Mr. Pigadis, stated that he feels Delray's Land Use Plan is ideal. The Planning & Zoning Board, on September 15th, recommended not passing this ordinance. If the City should change to multi-family on the west side of Florida Boulevard, people are going to be living right next to the commercial zoning, without the benefit of Florida Boulevard as a buffer. He believes that a rezoning spurred by this land use plan change would be tantamount to a confiscation of property owned by his clients; he explained why and cited a similar case which took place in Lighthouse Point in which the court reversed the city's ruling. He questions whether the homeowners have the right to increase their prop- erty values by taking away the property values of the people who own the commercial strip. The southern portion, Lots 23-33, owned by Ralph Buick and the northern portion, which is the back part of Autohaus, have each had a Unity of Title filed, therefore all of these lands can be used as special commercial use. The only two pieces of property that they are talking about are the two pieces that are in the County, owned by Mr. Wiebelt and Mr. Pigadis. If the City wants to eventually con- sider annexing these pieces, the indication that they are going to be rezoned to multi-family is not a very good inducement. They could probably both come in and file Unity of Title because both pieces are contiguous to business areas; the City may wind up with a Unity of Title on the whole strip. So the City will accomplish nothing by passing this ordinance. He noted that there is only one access being used on this entire strip; it belongs to Atlantic Refrigeration and it is for private use only; most of the strip is vacant at the present time. His clients are all willing to either deed restrict in perpetuity or sign limited access agreements in perpetuity in recordable form to ensure the City and residents that there will be no commercial traffic, with the only exception that Mr. Wiebelt would like to maintain his private access; his clients have also agreed to beautify their eastern boundaries when they improve their property. He requests that Council continue the public hearing at another time so that they can sit down and try to work out something that is fair to everybody involved. 2. Mr. Warren Newell, representing Mr. Chamberlain, stated that he feels the people in the audience have been very rude and they should show better manners. In regard to the matter at hand, he feels that this is not a sound planning idea. For a buffer, this piece of property happens to have a street, Florida Boulevard, which is a collector road, not a local road. If this piece of property is rezoned, the City will be narrowing the strip of commercial property down to cause a strip center to come into the area. When you have a strip center, many of the items brought in are nuisance-type commercial. Looking at the long range standpoint, he feels that the car lots, if properly landscaped and buffered, would be a benefit to that area. The real problem here is that the residents have never come and sat down with the businessmen and asked them what they can do; these people are very willing to work with the residents. Maybe a solution could be reached this way. He request- ed that Council postpone this item. Mrs. MacLeod spoke in response to the comments made. She stated that Buick has been there for ten years and the trees there have either died or fallen down, so there is no longer a screen from their car wash or their open dumpster. Mr. Pigadis has been there three years and he has yet to remove the broken pieces of concrete and the dead trees. They should have taken care of these things without being asked to. When Mr. Pigadis bought his property in 1977, it was zoned multi- family in the back; she cannot see why he is protesting the zoning that he knew was there and which he is now using illegally. Mr. Fletcher spoke of no traffic on Florida Boulevard but an autohauler comes down the street to discharge cars and sometimes it gets caught in the sand. Mrs. Durante stated that Mrs. MacLeod has done a remarkable job of staying on top of this issue and keeping the residents of Tropic Bay informed along the way as to what was happening; however, most of the property owners being affected have only recently become aware of what is about to take place and Mrs. MacLeod is light years ahead of them in regard to what has happened already. She (Mrs. Durante) would really like to give those people a chance to digest what has really happened and to get with the City Attorney, the Planner and with the residents of Tropic Bay and then Council can hear it again. She is still in favor of a continuation of the public hearing. Mrs. Durante moved that the public hearing be continued until February 10, 1981, at 7:00 P.M. in the Council Chambers, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - No; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Bird stated that if they can create a better solution through compromise than rezoning, they should take the opportunity and try. There are many com- promises which he hopes the businessmen are prepared to make. Mr. Young and Mr. Scheifley both felt that the issue should be settled now. Mrs. Durante stated that there is a possibility of resolving some of the concerns of the residents through compromise. Mayor Weekes concurred with Mrs. Durante and Mr. Bird; he stated that rezoning is not neces- sarily the answer to the problem. Negotiation allows them to consider the possiblity of shutting off access to Florida Boulevard, requiring proper screening and gives them the opportunity to do a number'of things through negotiation and consent that rezoning might not. If they cannot come to an amicable compromise that resolves some of the concerns of the citizens, then he will vote in favor of the motion on February 10th. At this point the roll was called to the motion. The public hearing was continued until February 10, 1981 in the Council Chambers. Mayor Weekes declared a recess, the time being 8:30 P.M. The meeting reconvened at 8:40 P.M. 6.c. The City Manager reported that it is again recommended that Council authorize construction of an access street to serve Carver Estates by extending S.W. 10th Avenue southward to the northeast corner of Carver Estates. This is a long standing request of the Housing Authority and was last considered (but not approved) by Council at a workshop meeting held on November 18, 1980. Mayor Weekes asked that the matter be put on tonight's agenda for reconsideration by Council. - 7 - 01/13/81 The estimated cost is $50,000, which can be funded from pro- ceeds of the sale of City lands. The uncommitted balance of these funds is $275,400. If Council wishes, this funding could be considered to be interim, with the final funding source to be determined when and if sufficient funds from another source become available. This action could permit the project to be initiated. It is possible that addi- tional funds will be available by the time the project is completed, possibly from sale of City owned land. Upon question by Mr. Bird, the City Manager advised that the opening of the street at this location would serve the expanded Carver Estates wherever the expansion is located. The site location will be decided by Council at a later date. Upon question by Mrs. Durante, the City Manager replied that, at this time, the only source of funding is from the proceeds of the sale of City lands. Mr. Bird moved to approve the road with funding to come from land sales, seconded by Mr. Young. Said motion passed unanimously. 6.d. The City Manager reported that the following bids have been received for the purchase of Police cars: Standard Size Mid-Size State Contract $7,182.40 $7t026.37 Earl Wallace Ford 7,803.31 No Bid Adams Chevrolet 8,370.00 8,195.00 It is recommended that 10 mid-size cars be purchased at the low bid price of $7,026.37 per car by State Contract through an agency in Holly- wood, Florida. The purchase price, without trade-in, totals $70,263.70. It is recommended that funding be by the $54,000 federal revenue sharing funds budgeted for this purpose and a transfer of $16,263.70 from the general fund contingency account. The $54,000 budgeted for the purchase of 10 Police cars contemplated trading in 10 cars. It is felt that it would be to the City's advantage to buy the cars without trade-ins, transfer 10 Police cars to other departments to replace older and/or cars in worse condition and auction off the departmental cars. Antici- pated delivery time on the new cars is 45 to 60 days. The City Manager reported further that there are other items, including long range specs for replacement of vehicles, carpool, type of fuel, maintenance, assignment or reassignment of police cars and several other things which are still a matter of concern in the fleet management plan. He hopes to be able to refer to some of these items in the packet that he is putting together for delivery to Council for discussion at the workshop meeting on January 26th. These other items have no bearing on the decision as to the purchase of police cars. Mr. Young noted that on page 162 of the budget, there is $20,600 listed for automotive expenses and asked if that money has any- thing to do with the ten cars they are now considering purchasing. Chief Kilgore replied that the $20,000 Mr. Young referred to was for the purchase of two police aide vehicles and motorcycles that they plan to purchase in the future. Mr. Bird stated that at the last public hearing on the budget he observed that there were vehicles properly equipped to be Delray Beach police cars being used by the City; these cars could be turned back to the Police Department while their jobs could be done by less expensive and less exotic equipment. He will not vote for the purchase of police vehicles until such time as he finds out how many others, besides two he already knows about, exist in the City and until somebody explains to him why these vehicles are not in the Police De- partment. The City Manager replied that is one of the items that he mentioned. He has a list of items but the list has not been finalized. There are more than 2 police vehicles that fall into that category, but he was unable to get all that information together in time for tonight's meeting. - 8 - 01/13/81 5"33 Mr. Bird stated ~hat those cars equipped to be police cars should go back into the Police 'Department and they should spend the balance of funds necessary to buy additional police cars to bring the total up to ten. Then they should address the needs of transportation of those other people who are currently using these vehicles because perhaps their needs are far simpler. Mr. ScheifleY moved that the City purchase the 10 midsize cars at the low bid price of $7,026.37 per car by State Contract through an agency in Hollywood, Florida, with funding to be by the $54,000 federal revenue sharing funds budgeted for this purpose and a transfer of $16,263.70 from the general fund contingency account. Said motion died for lack of a second. Mr. Bird moved to table this item until they have sufficient information to know how many cars they need, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - No. Said motion passed with a 4 to 1 vote. 7.a. The City Manager reported that the City is in receipt of an application from Linton Woods/Valdev Development Corporation for City water service to serve four acres located west of Ella and Bessie Streets; north of Linton Boulevard, between S.W. 10th Avenue and S.W. 8th Avenue, which is outside the City. The property is presently vacant and the proposed use is for townhouses. This was discussed at the workshop meeting on January 6th, the. primary deterrent to approval being that the proposed use does not comply with the City's Land Use Plan which calls for single family use. Mayor Weekes reported that this is Mr. Bossy's petition and the discussion was had at that workshop meeting that Mr. Bossy needed an answer in order to proceed with the County, as to whether or not the City was willing to furnish water. Their decision at workshop was to put this on the agenda with the probability that his request for water service would be denied and that Council would, at the same time, ask the Planning Department to review that whole area to see if it might be better shown on the Land Use Plan at a different land use designation that would allow Mr. Bossy to proceed. If, in fact, the Council sees fit to change the land use in that area at some later date, then they would be in a position to supply him with water service. Mrs. Durante suggested that they have the Planning & Zoning Board take a look at that area and bring back to Council a list of the existing uses in that area that are already built and that have permits issued to be built. Mrs. Durante moved to deny the application and to send his application back to the Planning & Zoning Board, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, upon question by Mr. Bird, Mr. Bossy said that they have sufficient time to give the City the opportunity to do this study; they could probably defer the water situation for four to six weeks. If he is led to believe that there is a favorable oppor- tunity to get the approval, then they will hold off. Mayor Weekes replied that he thinks Mr. Bossy will have some indication within that span of time. Upon question, Mayor Weekes replied that Mr. Bossy will receive a letter from the City Manager denying water service. At this point the roll was called to the motion. 8.a. The City Manager reported that Resolution No. 1-81 urging all businesses in and residents of the City to comply with the spirit and intent of Palm Beach County's Ordinance No. 80-10, "Clean Indoor Air Ordinance" is before Council for consideration. The City Manager presented Resolution No. 1-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING ALL BUSINESSES IN AND RESIDENTS OF THE CITY OF DELRAY BEACH, FLORIDA TO COMPLY WITH THE SPIRIT AND INTENT OF PALM BEACH COUNTY'S "CLEAN INDOOR AIR ORDINANCE" (COUNTY ORDINANCE NO. 80-10). - 9 - 01/13/81 Mayor Weekes read the entire resolution. (Copy of Resolution No. 1~-81 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 1-81, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported that Resolution No. 3-81 affirming the administrative determination or Resolution No. 3-81 reversing the administrative determination that a nuisance exists in regard to the Fleming and Coury property in the vicinity of the northeast corner of Barwick Road and Lake Ida Road is before Council for consideration. Council, at the December 16th meeting, decided to take this under ad- visement and reConsider it tonight. The City Manager presented Resolution No. 3-81 affirming the administrative determination that a nuisance exists: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AFFIRMING THE ADMINISTRATIVE DETERMINA- TION THAT A NUISANCE EXISTS IN VIOLATION OF SECTION 13-15 OF THE CODE OF ORDINANCEs IN REGARD TO THE FLEMING AND COURY PROPERTY IN THE VICINITY OF THE NORTHEAST CORNER OF BARWICK ROAD AND LAKE IDA ROAD; THE VIOLATION BEING AN ACCUMULATION OF SAND, ROCKS AND OTHER DEBRIS TO A HEIGHT EXCEEDING THREE (3) FEET ALONG THE SOUTHERN PORTION OF THE PROPERTY. The City Manager presented Resolution No. 3-81 reversing the administrative determination that a nuisance exists: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REVERSING THE ADMINISTRATIVE DETERMINA- TION THAT A NUISANCE EXISTS IN VIOLATION OF SECTION 13-15 OF THE CODE OF ORDINANCES IN REGARD TO THE FLEMING AND COURY PROPERTY IN THE VICINITY OF THE NORTHEAST CORNER OF BARWICK ROAD AND LAKE IDA ROAD; THE VIOLATION BEING AN ACCUMULATION OF SAND, ROCKS AND OTHER DEBRIS TO A HEIGHT EXCEEDING THREE (3) FEET ALONG THE SOUTHERN PORTION OF THE PROPERTY. The City Manager explained that two Resolutions No. 3-81 have been prepared because it was not known during the drafting of the resolution whether Council would affirm or reverse the finding of the Administration. Mr. Maher, representing the property owner, gave an outline of how this problem arose and stated that the City now needs to decide _ which is a worse nuisance; the dumping or the berm. There is a pro- spective buyer for the property that would intend to develop it. Con- sidering the whole matter, he cannot conceive how this berm can be considered a nuisance. Upon question by Mr. Scheifley, Mr. Maher re- plied that the size of the total tract is about 177 acres. Mr. Scheifley moved for the passage of Resolution No. 3-81 affirming the administrative determination that a nuisance exists. Said motion died for lack of a second. Mr. Scheifley explained that if this piece of property is as big as Mr. Maher says it is, then they are talking about a 2 million dollar piece of property. That should justify the need for a full-time guard out there who can completely eliminate the problem. The property owner is responsible for the nuisance. Mr. Bird moved to table this matter for a period of 60 days and bring it back at the next regularly scheduled meeting after that period, seconded by Mr. Young. Said motion passed unanimously. - 10 - 01/13/81 Before roll call, Mr. Bird explained that after 60 days, a portion of that property should be under contract which will alleviate a portion of the problem and, perhaps, with more activity out there,, it will alleviate another part of the problem, that being the propensity of people that go out there and dump things. At this point the roll was called to the motion. 8.c. The City Manager reported that Ordinance No. 60-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to amending the RM (Multiple Family Dwelling) Districts with respect to fire wall con- struction requirements for screened enclosures is before Council for consideration. This ordinance was passed on First Reading at the December 16, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 60-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", SECTIONS 30-6(D)(4)(a)(1), "RM-6 MULTIPLE FAMILY DWELLING DIS- TRICT", 30-7(D)(4)(a)(1) "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", AND SECTION 30-8(D)(4)(a)(1) "RM-15 MULTIPLE FAMILY DWELLING DISTRICT" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE CRITERIA FOR REQUIREMENTS FOR EXTENSION OF PARTY WALLS BETWEEN TWO DUPLEX UNITS AND WHEN SUCH EXTENSION MUST BE A FIRE RATED WALL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 60-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 60-80 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird moved to change the agenda by moving item 8.p., the Second and FINAL Reading of Ordinance No. 86-80, to be the next item of business, seconded by Mr. Scheifley. Said motion passed unanimously. 8.p. The City Manager reported that Ordinance No. 86-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will repeal Palm Beach County's no smoking ordinance in order to exempt the municipal boundaries of the City from its provisions. This ordinance was passed on First Reading at the December 16, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 86-80: AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY OF DELRAY BEACH, FLORIDA, EXEMPTING THE CITY OF DELRAY BEACH FROM THE OPERATION AND EFFECT OF PALM BEACH COUNTY'S "CLEAN INDOOR AIR ORDINANCE" (ORDINANCE NO. 80-10); BY REPEALING SAID ORDINANCE WITHIN THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR NON-CODIFICATION OF THIS ORDINANCE. (Copy of Ordinance No. 86-80 is on file in the official Ordinance Book) - 11 - 01/13/81 The City Manager 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. 1. George Froehlich, 2380 Black Olive Boulevard, stated that the resolution seems to show Council's intent, but he feels that they should go beyond asking for voluntary compliance and demand com- pliance; voluntary compliance means nothing. In regard to Council's view of unnecessary government intrusion, he read the City Code and found that there are ordinances governing alcoholic beverages, amuse- ments, animals and fowl, auctions, bicycles, boats, signs, trees, litter etc., and Council. recently passed a noise ordinance. If Council really wants to get rid of interference, he feels they should go to the Code, get rid of some of those ordinances and adopt a good ordinance that does a service to the people. Many people are bothered by other people smoking just as they are bothered by noises. He requested that Council reconsider Palm Beach County's no smoking ordinance. 2. Paula Nicoletti, 1069 Avocet Road, thanked the City for taking the time to consider the ordinance and for their support of the American Lung Association. She spoke to a restaurant owner who told her that about 1/3 of the customers ask for non-smoking, about 1/3 ask for smoking and the other 1/3 are indifferent. At least the 1/3 that ask for non-smoking get it. Although the resolution has been passed, Coun- cil has the opportunity to let the ordinance remain. She asked that Council consider letting the ordinance remain for a trial period of six mo~ths and see how it works out. 3. Paul Nicoletti, 1069 Avocet Road, stated that he thinks it would be a mistake if Delray Beach passes this ordinance. The oppor- tunity to really do something that matters to the people doesn't often happen to a legislative body. He has watched this ordinance in effect over the last few months and it isn't that difficult for businessmen to put it into effect or to enforce it. This City has supported the Ameri- can Lung Association's efforts in this regard, now they have the oppor- tunity to support it even further. He urges City Council to leave this ordinance in place; he believes that they will find that it has a posi- tive effect. 4. Sandra Kessler, 2522 Ella Street, stated that the ordi- nance seems to be centered around the issue of restaurants and the only group that has come here to oppose the ordinance are the restaurant owners. She thinks that Council should remember that the ordinance is very comprehensive and reaches government buildings, retail stores, grocery stores, schools, hospitals, public means of transportation and public meeting rooms. If Council is determined not to let the ordinance remain as is, she requests that they consider exempting only the res-. taurants. 5. The ~City Manager reported that Mrs. Leona Dunn called his office. She is an invalid and unable to attend the meeting but she asked that her name be mentioned in support of the County ordinance. 6. Bill Robinson, restaurant owner, stated they don't feel they haVe the right to tell people to quit smoking. There are certain places where people have to go to do business, but with restaurants people have their choice. They have put on their menu "please ask for a no smoking section" since August and less than 1% of their business has asked for a no smoking section. The public hearing was closed. Mr. Bird moved for the passage of Ordinance No. 86-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird stated that he concurs with the comments that were made with regard to those areas which the public specifically has to go to conduct business. - 12 - 01/13/81 At a later date, he would entertain an ordinance of the City to speci- fically require that there be no smoking within a public chamber during a public meeting. The problem with Palm Beach County's no smoking ordinance is that the burden of enforcing it falls on the shoulders of the business people. Mr. Young stated that he feels the County's will should not be imposed upon the people. Mrs. Durante felt that there would be no way they could enforce this ordinance. At this point the roll was called to the motion. 8.e. The City Manager reported that Ordinance No. 73-80 relative to changing the City's Land Use designation in the Comprehensive Plan from SF (Single Family) to MF-15 Multiple Family (15 units/acre) for a parcel located north of Lowson Boulevard between S.W. 20th Court and the Delray Beach Country Club is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 25, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 73-80: 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 LOT 15, BLOCK 2, GOLF PARK SUBDIVISION FROM SF-SINGLE FAMILY TO MF-15 MULTIPLE FAMILY (15 UNITS/ACRE), AND AMENDING THE LAND USE PLAN. (Copy of Ordinance No. 73-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida-and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 73-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 74-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will change the City's Land Use designation in the Comprehen- sive Plan for a parcel located north of Lowson Boulevard between Dover Road and Homewood Boulevard from MF-6 Multiple Family (6 units/acre) to MF-10 Multiple Family (10 units/acre) and rezoning the property from PRD-7 (Planned Residential) District to RM-10 (Multiple Family Dwelling) District. This ordinance was passed on First Reading at the November 25, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 74-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM MF-6 MULTIPLE FAMILY (6 UNITS/ACRE) TO MF-10 MULTIPLE FAMILY (10 UNITS/ACRE) AND REZONING THE PROPERTY FROM PRD-7 (PLANNED RESIDENTIAL) DISTRICT TO RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT. SAID PROPERTY BEING IN THE WEST HALF (W½) OF THE NORTHWEST QUARTER (NW~) OF SECTION 19, TOWNSHIP 46 SOUTH, R~GE 43 EAST, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance ~No. 74-80 is on file in the official Ordinance Book) - 13 - 01/13/81 The City Manager 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. Leonard Shaft, Woodlakes, stated that this property was sold to him under the supposition that there was only going to be single story buildings behind him. Now it seems that there is going to be two story buildings which will ruin their privacy. Mr. Carey replied that this parcel is being changed from 6 units/acre to 10 units/acre merely to reflect the actual use of the property. The land use plan was adopted indicating a more desirable use for this parcel, but regretably the developer was there ahead of them and there was nothing they could do. Mayor Weekes added that this property was already 10 units/acre; they are simply recognizing as a matter of legal fact what already existed. That is why most of these items are-on the agenda tonight; this action is to make the land use plan consistent with the use that is actually on the property. The matter of one or two stories is irrelevant because the developer can build two stories in any event. Mr. Bird added that the developer had ten; nothing has changed. He has a legal, defensible right to build at RM-10 and all that Council is doing is recognizing his right. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 74-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.g. The City Manager reported that Ordinance No. 75-80 relative to changing the City's Land Use designation in the Comprehensive Plan for a parcel located on the north and south sides of Miramar Drive, be- tween Gleason Street and A1A from MF-15 Multiple Family (15 units/acre) to SF Single Family and rezoning the property from RM-15 (Multiple Family Dwelling) District to R-IA (Single Family Dwelling) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 25, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 75-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR LOTS 4 THROUGH 17, INCLU- SIVE, WILLIAMSON-DIEBEL SUBDIVISION, FROM MF-15 MULTIPLE FAMILY (15 UNITS/ACRE) TO SF SINGLE FAMILY AND REZONING THE PROPERTY FROM RM-15 (MULTIPLE FAMILY DWELLING) DIS- TRICT TO R-iA (SINGLE FAMILY DWELLING) DISTRICT, AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 75-80 is on file in the official Ordinance Book) The City Manager 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. Young moved for passage of Ordinance No. 75-80 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.h. The City Manager reported that Ordinance No. 76-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will change the City's Land Use designation in the Comprehen- sive Plan for a parcel located on the north side of Ingraham Avenue, be- tween Gleason Street and A1A from MF-15 Multiple Family (15 units/acre) - 14 - 01/13/81 to SF Single Family and rezoning the property from RM-15 (Multiple Family Dwelling) District to R-1AA (Single Family Dwelling) District. This ordinance was passed on First Reading at the November 25, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 76-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR OCEAN BEACH LOT 24 FROM MF-15 MULTIPLE FAMILY (15 UNITS/ACRE) TO SF SINGLE FAMILY AND REZONING THE PROPERTY FROM RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT TO R-1AA (SINGLE FAMILY DWELLING) DIS- TRICT, AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 76-80 is on file in the official Ordinance Book) The City Manager 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. 76-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.i. The City Manager reported that Ordinance No. 77-80 relative to changing the City's Land Use designation in the Comprehensive Plan for a parcel located north of Bay Street, between Venetian Drive and A1A from MF-15 Multiple Family (15 units/acre) to SF Single Family and re- zoning the property from RM-15 (Multiple Family Dwelling) District to R-iA (Single Family Dwelling) District is before Council for consider- ation on Second and FINAL Reading. This ordinance was passed on First Reading at the November 25, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 77-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM MF-15 MULTIPLE FAMILY (15 UNITS/ACRE) TO SF SINGLE FAMILY AND REZONING FROM RM-15 (MULTIPLE FAMILY DWELLING) DIS- TRICT TO R-lA (SINGLE FAMILY DWELLING) DISTRICT. SAID PROPERTY BEING LOTS 3 THROUGH 18, NASSAU PARK SUBDI- VISION; LOTS 1 THROUGH 15, THE EAST 25' OF LOT 16, THE WEST 12.5' OF LOT 17 AND ALL OF LOT 18, WHEATLEY'S SUB- DIVISION; AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 77-80 is on file in the official Ordinance Book) The City Manager 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. 1. Mr. John Cherry stated that he lives at the corner of Nassau Street and Ocean Boulevard. His property is legally described as a part of Lot 1, all of Lot 2 and a part of Lot 3, Nassau Park Subdivi- sion. The proposed ordinance would change the zoning on Lot 1 and Lot 3 from RM-15 to R-iA but is silent on Lot 2. This situation would leave him with part of the land under his home zoned RM-15 and part of it zoned R-lA. He has received notice that the Planning & Zoning Board is - 15 - 01/13/81 to hold a public hearing next week to consider rezoning Lot 2 to the R-iA category. He does not want the property under his home rezoned. Basically, he lives on South Ocean Boulevard and his land is appraised, valued and taxed as oceanfront property. If the City changes his zon- ing, they are, in effect, reducing the future value of his property. He requested that Council not rezone Lot 1 and Lot 3 of Nassau Park Subdi- vision and next week he will request the Planning & Zoning Board not to recommend the rezoning of Lot 2 from RM-15 to R-iA. 2. Mr. Joseph Vatterott stated that he lives across the street from Mr. Cherry and he has the same problem. His property is part of Lot 17 and all of Lots 18 and 19 and in rezoning his property, he feels they will devaluate it considerably. A couple of years ago, the City allowed an apartment building, Windemere, on the other half of the block on which he lives. He requested that in the event Council does not see fit to leave the property as it is, he would like to have an extension to provide Council with some comparables in the area to see just how much he is being damaged. Upon question by Mayor Weekes, Mr. Vatterott replied that his property is approximately 100 x 200 square feet. 3. Mrs. Elizabeth Matthews, 1024 White Drive, stated that she is surprised that these properties were included in this rezoningo The intent of this rezoning is to preserve the character and charm of old Delray. She agrees with both of these gentlemen that their prop- erties do not fall into this category at all. The public hearing was closed. Mr. Carey stated that the Planning & Zoning Board felt that the entire street fit into the category. The City is running out of oceanfront property and there will always be people who want to live in a single family home on the ocean. He noted that the prices are enor- mous for oceanfront homes on the beaches to the north of them and those homes are hardly as desireable as anything that they have in Delray along the oceanfront. He feels that the only oversight that the Board made is that they left out Lots 2 and 19 which should have been part of this petition; that will be addressed at their public hearing on January 19th. Upon question by Mr. Scheifley, Mr. Carey explained how the'City determines the addresses for property located on corners. Mayor Weekes inquired as to what would need to be done if Council chooses to delete these two gentlemen's property from the recom- mendation. Mr. Carey replied that, in this case, they would have to exclude from the ordinance the portion of the lots so described earlier by the gentlemen. Mr. Young moved for the adoption of Ordinance No. 77-80 on Second and FINAL Reading, deleting therefrom the property described by legal description by Mr. Vatterott and Mr. Cherry, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Carey stated that oceanfront property is precious and the quality of life is getting more undesireable for the single family house. At this point the roll was called to the motion. 8.2. The City Manager reported that Ordinance No. 78-80 has been prepared for Council consideration on Second and FINAL Reading. This ordinance, if passed, will change the City's Land Use designation in the Comprehensive Plan for a parcel located on the north side of Casuarina Road, between Gleason Street and A1A from MF-15 Multiple Family (15 units/acre) to SF Single Family and rezoning the property from RM-15 (Multiple Family Dwelling) District to R-1AA (Single Family Dwelling) District. This ordinance was passed on First Reading at the November 25, 1980 meeting. Prior to consideration of passage on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 16 - 01/13/81 The City Manager presented Ordinance 78-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM MF-15 MULTIPLE FAMILY (15 UNITS/ACRE) TO SF SINGLE FAMILY AND REZONING THE PROPERTY FROM RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT. SAID PROPERTY BEING LOTS 30, 31 AND 32, OCEAN BEACH LOTS SOUTH, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 78-80 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 78-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley -Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.k. The City Manager reported that Ordinance No. 79-80 relative to changing the City's Land Use designation in the Comprehensive Plan for a parcel located at the southwest corner of Lake Ida Road and Bar- wick Road from MF-6 Multiple Family (6 units/acre) to SF Single Family and rezoning the property from RM-6 (Multiple Family Dwelling) District to R-iA (Single Family Dwelling) District has been prepared for Council consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 25, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 79-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR LOTS 1 THROUGH 19, INCLU- SIVE, BLOCK 1, LOTS i THROUGH 16, INCLUSIVE, BLOCK 2, AND TRACT "A", PINE TRAIL EAST SUBDIVISION, FROM MF-6 MULTI- PLE FAMILY (6 UNITS/ACRE) TO SF SINGLE FAMILY AND REZON- ING THE PROPERTY FROM RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT TO R-lA (SINGLE FAMILY DWELLING) DISTRICT, AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 79-80 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 79-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.1. The City Manager reported that Ordinance No. 82-80 has been prepared for Council consideration on Second and FINAL Reading. This ordinance, if passed, will annex a 19,250 square foot parcel of land located at the northwest corner of S. W. 4th Avenue and Southridge Road. - 17 - 01/13/81 This ordinance was passed on First Reading at the December 16, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 82-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 3, INCLUSIVE, BLOCK 5, PLAT 2 OF 2, SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 38 AND 39, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTI- GUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Failed of passage) The City Manager 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. Robert McTeague, applicant, rescinded his request for annexation. The public hearing was closed. The City Attorney advised that the State Statute says that the owner or owners of real property may petition the governing body to have their property annexed. It seems to him that that carries with it the right to withdraw the petition at any time prior to action. Mr. Bird moved that Ordinance No. 82-80 not be adopted, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.m. The City Manager reported that Ordinance No. 83-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to allowing screened enclosures in setback areas in the PRD Districts is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the December 16, 1980 meeting. Prior to consideration of.passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 83-80: 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 30-1 "DEFINITIONS" BY ADDING THE DEFINITION OF A SCREEN ENCLOSURE; AMENDING SECTION 30-8.1(R) PRD-4 (PLAN- NED RESIDENTIAL DISTRICT), SECTION 30-8.2(R) PRD-7 (PLAN- NED RESIDENTIAL DISTRICT, AND SECTION 30-8.3(R) PRD-10 (PLANNED RESIDENTIAL DISTRICT) BY ADDING A SUBSECTION (11) RELATIVE TO ALLOWING SCREENED ENCLOSURES IN SETBACK AREAS IN THE PRD (PLANNED RESIDENTIAL DISTRICTS); PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 83-80 is on file in the official Ordinance Book) The City Manager 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. - 18 - 01/13/81 3 Mr. Bird moved for the adoption of Ordinance No. 83-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.n. The City Manager reported that Ordinance No. 84-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to prohibiting access to streets and alleys for commercial property which abuts residentially zoned property. This ordinance was passed on First Reading at the December 16, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 84-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING" BY AMENDING SECTIONS 30-11 THROUGH 30-13.1 BY ADDING A NEW SUBSECTION PROHIBITING ACCESS TO A STREET WHICH SEPARATES SINGLE FAMILY RESIDENTIALLY ZONED PROPERTY FROM COMMERCIALLY ZONED PROPERTY, EXCEPT WHERE NO OTHER MEANS OF ACCESS EXIST TO THE COMMERCIALLY ZONED PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 84-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 84-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird moved that item 8.r. be moved up to the next item of business, seconded by Mrs. Durante. Said motion passed unanimously. 8.r. The City Manager reported that Ordinance No. 2-81 relative to annexing a 1.84-acre parcel of land, located south of Germantown Road between Congress Avenue and the SAL Railroad subject to LI (Light Indus- trial) District is before Council for consideration on First Reading. This property is presently zoned in the County as CG (General Commer- cial). Council, at the November 10, 1980 meeting, requested-permission from the Palm Beach County Board of Commissioners to rezone the land to be annexed. Second and FINAL Reading and public hearing will be held at the meeting on February 10th. The City Manager presented Ordinance No. 2-81: 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 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED SOUTH OF GERMANTOWN ROAD, BETWEEN CONGRESS AVENUE AND THE SEABOARD AIRLINE RAILROAD, 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. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 2-81 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 19 - 01/13/81 8.o. The City Manager reported that Ordinance No. 85-80, amending Chapter 29 "Water and Sewers" of the Code of Ord2~nances relative to monthly sewer rate charges is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the December 16, 1980 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 85-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "WATER AND SEWERS" BY AMENDING SUBPARAGRAPHS (a), (b) AND (d) OF SECTION 29-63 TO CHANGE THE METHOD OF CHARGING MONTHLY SEWER RATES FROM A FIXTURE COUNT FORMULA TO NINETY-NINE CENTS ($0.99) PER THOUSAND GALLONS OF SEWERAGE FLOW BASED UPON 100% OF WATER USAGE UNLESS A METER IS INSTALLED AT 'NO COST TO THE CITY TO ESTABLISH ACTUAL SEWERAGE FLOW, PROVIDING MINIMUM MONTHLY CHARGES FOR RESIDENTIAL AND NONRESIDENTIAL USERS AND A MAXIMUM MONTHLY RATE FOR RESIDENTIAL USERS; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 85-80 is on file in the official Ordinance Book) The City Manager 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 City Manager advised that he has conferred with the City Attorney and they would like to make the effective date February 1, 1981 for Ordinance No. 85-80. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 85-80 on Second and FINAL Reading as amended, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.q. The City Manager reported that Ordinance No. 1-81, amending Chapter 16 "Offenses-Miscellaneous", Article II, "Noise Control" of the Code of Ordinances relative to real property boundary is before Council for consideration on First Reading. The City Manager presented Ordinance No. 1-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCELLA- NEOUS'', ARTICLE II, "NOISE CONTROL" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 16-34(26) "REAL PROPERTY BOUNDARY" BY DELETING "BUT NOT INCLUDING INTRA-BUILDING REAL PROPERTY DIVI- SIONS'' TO CLARIFY THE INTENT OF SAID ORDINANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 1-81 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.s. The City Manager reported that Ordinance No. 3-81 relative to annexing a 2.391-acre parcel of land, located south of Germantown Road, between Congress Avenue and the SAL Railroad, subject to LI (Light Industrial) District is before Council for consideration on First Read- ing. This property is presently zoned in the County as AG (Agricultu- ral). Council, at the November 10, 1980 meeting, requested permission from the Palm Beach County Board of Commissioners to rezone the land to be annexed. Second and FINAL Reading and public hearing will be held at the meeting on February 10th. - 20 - 01/13/81 The City Manager presented Ordinance No. 3-81: 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 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED SOUTH OF GERMANTOWN ROAD, BETWEEN CONGRESS AVENUE AND THE SEABOARD AIRLINE RAILROAD, 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. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 3-81 on First Reading, seconded by Mr. Young. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor weekes - Yes. Said motion passed with a 5 to 0 vote. 8.t. The City Manager reported that Ordinance No. 4-81 relative to annexing a four-acre parcel of land located on the east side of Federal Highway, between Linton Boulevard and S.E. 10th Street, if extended east, is before Council for consideration on First Reading. The Planning & Zoning Board at a meeting held on August 26, 1980, recom- mended by unanimous vote that the subject property be annexed as RM-15 (Multiple Family Dwelling) District since this request is in conformance with the Land Use Plan. Second and FINAL Reading and public hearing will be held at the February 10th meeting. The City Manager presented Ordinance No. 4-81: 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 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED ON THE EAST SIDE OF FEDERAL HIGH- WAY, BETWEEN LINTON BOULEVARD AND S.E. 10TH STREET IF EXTENDED EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNI- CIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZON- ING THEREOF. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 4-81 on First Reading, seconded by Mr. Young. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9. Upon question by Mrs. Matthews, Mayor Weekes replied he ~hinks that what prompted the rescinding of Ordinance No. 82-80 was the Council's directing the Planning Department to restudy that area down on Southridge, because that is where the' McTeague property is located. 10. Mayor Weekes referred to Resolution No. 84-80 to the County Commission relative to South Federal Highway and Sam Acquilano's prop- erty. He has talked with Commissioner Gregory, Harry King of the County Planning Department and the lady with the attorney's office who wrote them the letter. They have postponed the hearing until January 20th, and if Council desires, he will attend. They have asked that this Council have a representative at the hearing. It was the consensus of Council that Mayor Weekes go to the hearing on January 20th. Mayor Weekes declared the meeting adjourned at 10:30 P.M. · / City Clerk - 21 - 01/13/81 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 Janauary 13, 1981, which minutes were formally approved and adopted by the City Council on .~ .,~//~A~/ . 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. - 22 - 01/13/81