Loading...
02-10-81 359 FEBkUARY 10, 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, February 10, 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 (arrived at 7:07), 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 January 27, 1981 and the special meeting of January 28, 1981, seconded by Mr. Scheifley. Said motion passed unanimously. 4.a.1. Mr. Bird moved that item 8.b. be moved forward to be the next order of business following the Consent Agenda, seconded by Mr. Scheifley. Said motion passed unanimously. 4.b.1. Mayor Weekes introduced Mr. Leo Blair, candidate for Council Member. 4.b.2. Mayor Weekes read a proclamation calling for the First Non- Partisan Election to be held on Tuesday, March 3, 1981 between the hours of 7:00 A.M. and 7:00 P.M. and declaring the precincts and polling places in the City of Delray Beach for the upcoming election. Mr. Young arrived at this time. 5.a. Mr. Fred Blaser, Chairman of the Financial Advisory Board, requested that item 6.b.(12) be pulled from the Consent Agenda. 6.a.1. The City Manager discussed the Crimewatch programs. Accord- ing to an article he read in yesterday's Times, between 50 and 100 people stood in a shopping center parking lot in the Miami/Dade area and watched while a law enforcement officer was knifed to death by a shop- lifter, without coming to the officer's aid. He thinks it is much to the credit of the communities in this area that they are initiating the Crimewatch program which, hopefully, works in reverse to what this unhappy incident turned out to be. 6.b. CONSENT AGENDA The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) It is recommended that Council approve, by motion, the 1981 Delray Affair for April 24th through April 26, 1981 inclusive, as requested by the Delray Affair Committee. (2) The City's Comprehensive Plan includes a map of the City's bicycle path system. One of the proposed routes is along Dixie Boulevard connecting from Swinton Avenue over to St. Vincent's School vicinity. This bicycle path route was one of the projects included in the Bond Issue. A petition consisting of 160 names has been submitted to the City requesting that the bicycle route be changed from Dixie Boulevard to N.E. 8th Street. This change is also endorsed by Mr. Clare Short who represents the Bicycle Path Committee. It is recommended that the bicycle path be changed from Dixie Boulevard to N.E. 8th Street be- tween Swinton Avenue and the vicinity of St. Vincent's School property. (3) Palm Beach County has approved matching funds for the City's three bicycle path projects which were included in the Bond Issue. The bicycle routes include Linton Boulevard from Germantown Road to the FEC tracks; S.W. 4th Avenue from Linton Boulevard to S.W. 10th Street; and N.E. 8th Street between Swinton Avenue and the vicinity of St. Vincent's School property. The County agreed to matching funds up to an amount of $23,000 and the County now has the Federal Revenue Sharing Funds available. It is recommended that Council authorize execution of an agreement between the City and Palm Beach County for construction of these bicycle paths. 3,6.0 (4) As diScussed at workshop of January 3rd, it is recom- mended that Council approve the levying of liquidated damages in the amount of $1,000 to be paid by the contractor that. built the Island Drive Bridge. (5) One bid was submitted for the highway modification and roadway paving for U.S. No. 1, Lindell Boulevard, Avenue "L" and Florida Boulevard by Hardrives of Delray, Inc. in the amount of $85,435. The contract provides for the requested improvements with the exception of that little portion of Frederick Boulevard which was deleted until such time as the right-of-way is obtained and arrangements worked out to have this connection paved through to Tropic Isle Drive. The estimate for this work was $93,325, which does not include a median~cut on Federal Highway for access to the Keeler property. Council approved this pro- ject on November 25, 1980. It is recommended that the contract be _ awarded to Hardrives of Delray, Inc. in the amount of $85,435 with funding to come from the developer escrowed $40,000 and from proceeds of the sale of City land as discussed. The County is preparing plans for the traffic signal at the intersection which they have committed to install. (6) It is recommended that Council direct the City Clerk to send the notice required for City initiated rezoning under Chapter 166 of the- Florida Statutes relative to part of Hamlet (Parcels "J" and "K"). Council approved the rezoning request at the January 27th meeting as recommended by the Planning & Zoning Board. (7) In compliance with requirements set forth in Chapter 2. of the City's Code of Ordinances, Council should appoint Clerks and Inspectors to conduct the upcoming election. It is recommended that the list of possible appointees, from which sufficient numbers of Clerks and Inspectors will be selected by the City Clerk, be approved by Council. (8) The SCRWTD Board, at its December 15, 1980 meeting, authorized Russell & Axon to proceed with the final plans and specifi- cations for the liquid phase expansion of the Regional Facility for the next two months at 'an approximate cost of $50,000 earnings per month. This authorization is subject to ratification by the City Councils of Boynton Beach and DelraY Beach. Approval is recommended. (9) The SCRWTD Board, at its January 14th meeting, authorized the commencement of the odor control program at the Regional Facility. This authorization is subject to ratification by the City Councils of Boynton Beach and Delray Beach. Approval is recommended. (10) A De~elopers Utility Service Agreement has been re- ceived from Abbey Delray South for the providing of water and sewer service to the area located at 1717 Homewood Boulevard. In accordance with City policy, the developer has deposited a check in the amount of $24,800 in the City's Developers' Fund to cover $62.50 per living unit for sewer and $37.50 per living unit for water for 248 units. It is recommended- that Council approve the execution of the agreement by motion tonight. (11) As discussed at workshop on January 3rd, it is recom- mended that Council establish a Country Club membership dues refund policy to provide, upon application, for prorata refund- of membership dues (1) to spouses of deceased members, and (2) to members who move away provided there is a name on the waiting list to fill the vacated membership slot. (13) A communication has been received from Trinity Council No. 4839 Knights of Columbus requesting permission to solicit funds on March 27th and March 28, 1981, approval of which is recommended by the Solicitations Committee and the administration. (14) A communication has been received from the American Cancer Society requesting permission to solicit funds from March 14th through March 20,1981, approval of which is recommended by the Soli- citations Committee and the administration. - 2 - 02/10/81 361 (15) The City is in receipt of an application from Richard J. Haft, Trustee, for City water service to serve 4.2 acres located west of Military Trail on the north side of Delray West Road, which is out- side the City. The property is presently vacant and the proposed use is for a professional office building. This was discussed at the February 3rd workshop meeting. It was the consensus of Council to not grant water service. It is recommended that the water service request be denied. (16) Resolution No. 6-81 requesting the State Legislature to repeal amendments they made to the Florida Banking Code during the 1980 session is before Council for consideration. This was discussed at the January 20th workshop meeting. It is recommended that the resolution be adopted. The caption of Resolution No. 6-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING AND URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO REPEAL SECTIONS 658.60 AND 665.104, FLORIDA STATUTES, ADOPTED IN THE 1980 LEGISLATIVE SESSION, WHICH, TOGETHER WITH INTERNAL REGULATIONS PROMULGATED BY THE STATE TREASURER, REQUIRE BANKS AND SAVINGS AND LOAN ASSOCIATIONS HOLDING MUNICIPAL MONEY DEPOSITS TO PLEDGE COLLATERAL FOR SUCH DEPOSITS TO THE TREASURER OF THE STATE OF FLORIDA, RATHER THAN TO THE MUNICIPALITY MAKING SUCH DEPOSITS; AND, FURTHER REQUIRING APPROVAL OF THE STATE TREASURER IN WRITING TO RELEASE, MODIFY OR SUBSTITUTE SUCH COLLATERAL REQUIRED; AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO SUCH PERSONS AS THE MAYOR SHALL DIRECT; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. (Copy of Resolution No. 6-81 is on file in the official Resolution Book) (17) The Planning & Zoning Board at a meeting held on January 27th, recommended by a vote of 5 to 1 (Simon dissenting) that the site and development plan for Domaine Delray, located on the east side of Federal Highway, between Linton Boulevard and S.E. 10th Street, be approved, subject to: (a) City Engineer's memorandum of January 26th. (b) Director of Public Utilities' memorandum of December 15, 1980. (c) Annexation of the property. (d) A time limitation of 18 months be set for de- velopment of the project. This was discussed at the February 3rd workshop meeting. Approval is recommended. Mr. Scheifley noted that in regard to item (11), (1) the refund to spouses of deceased members, it should not apply to those cases where there are family memberships or couples because the sur- viving spouse would continue to play. Mr. Bird moved to adopt the Consent Agenda with the excep- tion of item 12, seconded by Mrs. Durante. Said motion passed unani- mously. 6.b.(12) The City Manager reported that it is recommended that Coun- cil authorize payment of $16,994.70 to MICA as full payment for the Cemetery Study. The $t6,994.70 is arrived at by multiplying the City's annual savings estimated amount of $18,883.04 by 90% as provided by contract. MICA's estimated annual savings figure submitted was $37,933, however, MICA is agreeable to accepting the City's lower figure which was arrived at as follows: - 3 - 02/10/81 ,3,62 (a) Foreman Roy Penn moved to Parks Division with half of his time being used in cemetery work. (b) One laborer moved to Parks Division without increasing authorized strength of Parks. As a result, savings are as follows: 1/2 Roy Penn ($14,000 t 2) $ 7,450.00 1 Laborer 9,610.00 Christmas Bonus 75.00 FICA 1/4 @ 6.13% $262.59 3/4 @ 6.65% 854.61 1,117.20 Health and Life Insurance 506.34 Uniforms 124.50 Estimated Total Savings $18,883.04 Mr. Blaser stated that the FAB made a study of the cemetery and came up with the conclusion that the basic problem is due to a draw down of the funds back in 1967. Based on their calculations, it is too late now to catch up. He outlined the various reasons why the Financial Advisory Board feels that $17,000 for the MICA report is an exorbitant price; he thinks the City should take a hard look at it. FAB's work shows that MICA's report was a very shallow report; they didn't investi- gate surrounding cities or funeral directors. Mayor Weekes stated that the backup material to the agenda delineates what the areas of savings are and he will be glad to relate them to Mr. Blaser. Their contract with MICA says that whatever savings MICA generates they shall be paid for at the rate of 90% of the first year's savings. At workshop, the administration and Council were con- tent tha% the reduced figure was a fair one. · Mr. Blaser suggested that the City use MICA's recommendation for one year and see if they can come up with that saving and then consider payment. The City Attorney replied that they do not have that option. Mr. Bird noted that there is a maximum of $28,000 on the 90% to be paid to MICA for the first year's savings. It's because only one of the recommendations by MICA was accepted that the fee is, in fact, 90% of the first year's savings. Mr. Bird moved for approval, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call the following discussion was had: Upon question by Mr. Young, the City Manager replied that the main reason the cemetery was selected was because at that particular time the big item of discussion was dues and fees levied by the Parks & Recreation Depart- ment. Mrs. Durante Stated that they will be looking at MICA's new con- tract in the near future; she suggested that at the next workshop they - discuss another concept to arrive at some of these cost saving ideas before they discuss MICA's additional contract. Mayor Weekes stated that he expects at least the two small contracts to be ready for Council next week. Mrs. Durante stated that during or before that meeting she would like to present an idea to Council. At this point the roll was called to the motion. 8.b. 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. Council, at the January 13th meet- ing, continued the public hearing until tonight's meeting. -"4 - 02/10/81 363 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. (Copy of Ordinance No. 72-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. Mayor Weekes reported that the public hearing was continued from the last meeting in order to allow the representatives of the commercial interest to meet with the homeowners in that area to attempt to arrive at some kind of an accomodation that might be in the best interest of all. He does not believe that that meeting has taken place. Mayor Weekes stated that they have had many hearings on this matter, therefore, he is going to ask a representative of the commercial interests to be heard and a representative of the residential owners to be heard and he asks that they make their remarks brief as every facet of this has been discussed for a period of eight years. Mayor Weekes read a letter from Mr. Glenn Ralph of Ralph Buick into the record. (Copy of letter is attached). Mr. Ralph repre- sented the commercial interests. Mrs. Marion MacLeod, Tropic Bay Homeowners Association, made a presentation on behalf of the residential owners. She commented on several items in the letter from Mr. Ralph. She stated that commercial traffic on Florida Boulevard would be disastrous and she discussed the history of the land use in regard to the subject area. They had a meeting set up for January 23rd which the commercial owners cancelled. Mr. James Carter, President of Tropic Isle Homeowners, stated that after the January 13th Council meeting, it was suggested by Council and understood by the commercial and residential property owners that they would sit down and have negotiations to try to bring around a resolution to the problem. He was hoping that they could resolve this problem by beautifying Florida Boulevard. The day before their proposed meeting with all the people involved, he was informed that the meeting was cancelled by the commercial owners. He has not heard a word from them since. They request Council's adoption of Ordinance No. 72-80. The public hearing was closed. Mr. Scheifley moved for the adoption of Ordinance No. 72-80 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. Before roll call the following discussion was had: Mr. Scheifley stated that in discussing an issue like this, the bottom line is what is best for the City of Delray Beach as a whole. Delray Beach is known as a nice residential City which is growing with dignity and quality and is not known especially for its commercial interests. Mrs. Durante noted that she was in favor of continuing this public hearing when they discussed this issue a month ago. She believed that the commercial interests needed an opportunity to present their side and they indicated, at that time, that they would be willing to work something out. She thought they could accomplish more through compromise than they could by strict zoning. She now feels that th~ other side has been given a fair chance to meet with the people and she is prepared to support this zoning change. Mr. Bird concurred with Mrs. Durante's comments. Mr. Young stated that he hopes that this meets with everybody's approval and that all of the residents in that area are happy. - 5 - 02/10/81 At this point the roll was called to the motion. Mayor Weekes declared a recess at this point, the time being ~7:55 P.M. The meeting reconvened at 8:00 P.M. 6.c. The City Manager reported that Council adopted Resolution No. 114-80 at the November 25, 1980 meeting authorizing purchase of parking meters. When the administration double checked the quantity of meters to be ordered, it was determined that more duplex meters could be installed. Also there were several locations in the parking lots where quadraplex (four meters on one post) could be installed. This reflected a saving for the City in both the type of meters and the installation cost (because of the reduction in the number ~of required posts and installations) and on this basis, they asked Duncan to revise the pur- chase. By making this savings the City is able to obtain needed parking meter repair equipment and the resulting total cost is the same as originally contracted. It is recommended that Council authorize execu- tion of an agreement between the City and Duncan Industries for purchase of parking meters with revisions in the contract. Mr. Bird moved to approve the amended contract with Duncan Industries for the purchase of parking meters, which contract has been submitted to Council this evening, seconded by Mrs. Durante. Said motion passed unanimously. 6.d. The City Manager reported that Council should consider designating a Council Member as a representative for the testing on Monday, March 2, 1981 of the Automatic Tabulating Equipment. at the Voting Equipment Center, Palm Beach International Building, relative to the Delray Beach Municipal Election which will be held Tuesday, March 3, 1981. It is recommended that a Council Member be designated as a repre- sentative for the testing. Mr. Bird moved to designate Mr. Scheifley as the representa- tive for the testing of the equipment, seconded by Mr. Young. Said motion passed unanimously. 7.a. Mayor Weekes acknowledged the minutes of the Beautification Committee meeting of January 7, 1981 and noted that Mr. Boerner reported that the Soil Conservation Service had recommended to the County that they declare January "Tree Planting Month". The same source had told him that many small slash pine trees were available in 5" pots (a dona- tion of $1.00 for each was customary) from the state, and that they might be planted in the vacant areas at the intersection of Atlantic Avenue and 1-95. He said that DOT would allow planting of these trees to within 10 feet of the roadway. Mr. Sanson asked that Mr. Boerner bring this Concept to the attention of the City Council. Mayor Weekes asked the City Manager to have someone look into the feasibility of securing the trees and planting them as suggested. The City Manager replied that the Beautification Committee is in possession of the trees and they are down at the City nursery now, so they will look into that. Mr. Bird stated that he recalls that there are about 70 trees currently available and that there were about 35 per quadrant required. He suggested that the Administration look into the possi- bility of acquiring more trees, in case they decide to plant more than two quadrants. 8.a. The City Manager reported that Resolution No. 7-81 relative to ratifying and confirming prior contract negotiations and to award a contract for the purchase of approximately four acres of Bermuda sod for Miller Park Phase II is before Council for consideration. Stan Cruse and Associates is the only company that has the desired sod available in this quantity at this time. It is recommended that the contract be awarded to Stan Cruse and Associates in the amount of $30,346.20 by pas- sage of Resolution No. 7-81, with funding to come from Bond Issue funds provided for this purpose. - 6 - 02/10/81 365 The City Manager presented Resolution No. 7-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO RATIFY AND CONFIRM PRIOR CONTRACT NEGOTIATIONS AND TO AWARD A CONTRACT FOR THE PURCHASE OF APPROXIMATELY FOUR (4) ACRES OF BERMUDA SOD FOR MILLER PARK PHASE II. (Copy of Resolution No. 7-81 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 7-81, 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.c. The City Manager reported that Ordinance No. 2-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will annex a 1.84-acre parcel of land, located south of Germantown Road between Congress Avenue and the SAL Railroad subject to LI (Light Industrial) District. This ordinance was passed on First Reading at the January 13th 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. 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. (Copy of Ordinance No. 2-81 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. 2-81 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.d. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the Janu- ary 13th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 3-81: 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. - 7 - 02/10/81 (Copy of Ordinance No. 3-81 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. 3-81 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.e. The City Manager reported that Ordinance No. 4-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will annex 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. This ordinance was passed on First Reading at the January 13th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. 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. (Copy of Ordinance No. 4-81 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. Mrs. Durante moved for the adoption of Ordinance No. 4-81 on Second and FINAL Reading, seconded by Mr. Bird. 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. 5-81 relative to annexing a parcel of land located on the west side of U.S. No. 1, between Linton Boulevard and S.E. 10th Street, subject to SAD (Special Activities) District is before Council for consideration on First Read- ing. This property is presently zoned in the County as CG (General Commercial). Council, at the October 14, 1980 meeting, requested per- mission 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 March 10th. The City Manager presented Ordinance No. 5-81: 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 WEST SIDE OF U. S. #1, BETWEEN LINTON BOULEVARD AND S.E. 10TH STREET, 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. - 8 - 02/10/81 367 The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 5-81 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.~. The City Manager reported that Ordinance No. 6-81 relative to rezoning and placing land zoned CG (General Commercial) (County) in SAD (Special Activities) District (City), located on the west side of U.S. No.1 between Linton Boulevard and S.E. 10th Street is before Coun- cil for consideration on First Reading. Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on March 10th. The Palm Beach County Board of Commissioners adopted Resolution No. R-81-88 on January 20th authorizing the rezoning of the property from CG (County) to SAD (City). The City Manager presented Ordinance No. 6-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRE- SENTLY ZONED CG (GENERAL COMMERCIAL) DISTRICT UNDER COUNTY ZONING REGULATIONS, IN THE CITY ZONING SAD (SPE- CIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 2.03 ACRES. LOCATED ON THE WEST SIDE OF U.S.#i, BETWEEN LINTON BOULEVARD AND S.E. 10TH STREET IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 6-81 on First 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. Upon question by Mayor Weekes, the City Attorney replied that they will have to change the Land Use Plan at some point. Mayor Weekes declared the meeting adjourned at 8:15 P.M. ATTEST: ~~ - ~ City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of February 10, 1981, which minutes were formally approved and adopted by the City Council on J~. ~ City 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. - 9 - 02/10/81 February 6,1981 City Council Members: Mayor Leon M. Weekes Malcolm T. Bird Charlotte G. Durante James H. Scheifley Willard V. Young Council Members: Re: Change of Land U~e on Lots 23-33,Block 36,Del-Raton Park It is requested that this letter be read into the record. The property was annexed to the City for commercial use as a BuiCk dealership in 1970.(See attached ordinance) Predicated on such .approval end annexation, construction was started and Certificate , .oK Occupancy was issued in March of 1973. A considerable amount of money was expended on the purchase of the property and construction of the facilities. The records of the Planning and Zoning Board and Council 'will reveal that there has been hearing and rehearing on reclassifying or rezoning these lots to residential. Had I known of this problem, we would have stayed in the County and'.had commercial use without the harassment of all these hearings. There have been three planners hired by the City over this period of time. All three have recommended commercial use and their plans adopted by the Planning and Zoning Board ahd City Council. ~ The lots under consideration, measuring 115' deep and'<75' frontage, would be spot zoned if changed to RM as they are surronnded on three sides by commercial property and front on Florida Blvd, which is and has been recommended and adopted as the dividing line between commercial and multiple'family. In changing the zoning from commercial to multiple-family, you are. decreasing the value of land measuring 480ft. X 275ft. zoned commercial. This impairs the value of a.mortgage ,~eld by Sun Bank. The majority of the people in Tropic Isle and Tropic Bay next to Ralph Buick on Florida Blvd. bought or built after Ralph Buick was there. Tropic Bay has representation on the Planning and Zoning Board with Tore' Wallin;RalPh Buick has none. Despite this advantage to Tropic Bay~ the Planning and Zoning Board has not recommended a change in classifi- - cation of the above sub3ect property. 36§ · · ~, DEli. RAY B~ACH, FLORIDA Page Two City Council Members February 6,1981 It appears to me that Tropic Bay Association is, by number, influencing the Planning and Zoning Board and Council. contrary to recommendations of hired planners and consultants that it be commercial based on factual studies. Would Council please state in the minutes answers to the following two questions: 1. Why is Council taking over the function of the Planning and Zoning Board and paid consultants which have not recommended a change? 2. What changes have taken place in the last yea~ which would necessitate spot zoning and a change in lan~,-~se from C~uncil's previous approval in September, 1979? I respectfully request that the city honor its word and allow this property to remain commercial as it was when annexed to the city. Respectfully submitted, Glenn RalPh President, Ralph Buick, Inc. Vice President, Kengle Realty, Inc.