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03-10-81 415 MARCH 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, March 10, 1981, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, Assistant City Attorney Herbert Thiele, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Reverend Jerald Baker, Church of the Palms. 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 m--~eting of February 24, 1981 and the special meeting of February 19, 1981, secOnded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird stated that several people have asked him why they can't find out who their elected representatives are by looking under City of Delray Beach in the phone directory. He suggested having that listed in the new telephone directory. 4.a.2. Mr. Bird referred to Chapter 12-21 of the Code and quoted. from Section 21(a) "Persons engaged in either commercial landscape or lawn maintenance business shall be responsible for hauling trash gene- rated by their activities to the city disposal area'. The city shall pay for the disposal fee for the trash and shall require a signed statement from the person hauling it affirming the fact that the trash originated from real property located within the municipal limits of the city." He questions whether the trash is really being generated within the City of Delray Beach. The cost of landscape in the City of Delray Beach last year for the dumping of 12,700 tons of trash at $15 a ton was $190,500, which the ad valorem taxpayers paid for. The landscape contractors and the lawn maintenance people are the only people in the City who are so subsidized. Mr. Bird moved to instruct the City Attorney to strike paragraph i2-21(a) of the Code of Ordinances of the City of Delray Beach, seconded by Mr. Young. The City Manager stated that he hears arguments from many homeowners who complain about this section of the ordinance that re- quires their lawn maintenance person to haul away the cuttings, whereas if they did it themselves as their neighbors do the City would pay for the haul rather than the property owner. He suggested that this matter be referred to workshop to permit them to have a chance to hear from the homeowners. Mrs. Durante stated that she would like this to be sent to workshop for discussion. Mr.. Scheifley concurred. Mr. Young stated that he happens to know that there are some firms coming in from Boca Raton that are dumping in Delray Beach and he thinks that this should be worked out. This is taking money out of the taxpayer's pocket. Mr. Scheifley moved that this subject be tabled and referred to workshop, seconded by Mrs. Durante. Upon roll call Council voted'as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - No; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. 4.b.1. Mrs. Durante stated that there is a nightmare in Atlanta, Georgia, in the form of a killer or killers of Black children in that city. This nightmare has been unnerving to the citizens of Atlanta as well as the law enforcement agencies. The effects of what is happening in Atlanta is certainly being felt across the country. She asked for Council's support of a resolution which expresses compassion for the families of the missing and slain children and supports and encourages the investigative effort that is going on. Mrs. Durante presented Resolution No. 19-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING COMPASSION FOR THE DISTRAUGHT FAMILIES OF MISSING AND SLAIN CHILDREN OF ATLANTA, GEORGIA; SUPPORTING AND ENCOURAGING THE CONTINUED DILI- GENT INVESTIGATIVE EFFORTS OF THE LAW ENFORCEMENT AGEN- CIES TO BRING THE STALKING NIGHTMARE TO AN END; AND TO SERVE AS A MEANS OF PUBLIC NOTICE TO DELRAY BEACH RESI- DENTS THAT THE CITY OF ATLANTA IS SEEKING PRIVATE CONTRI- BUTIONS TO OFFSET THE EXPENSE OF THE LONG INVESTIGATION AS WELL AS FUNDS FOR PREVENTIVE PROGRAMS AND PSYCHOLOGI- CAL COUNSELING FOR ANY DAMAGING EFFECTS WHICH SUCH A DEVASTATING CRIME HAS HAD ON THE CHILDREN IN ATLANTA. (Copy of Resolution No. 19-81 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 19-81, 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. Before roll call the following discussion was had: Mr. Young stated that the second Whereas clause should read "these crimes" instead of "this crime". Mayor Weekes stated that in the third Whereas clause it should read "many" thousands of dollars instead of "several". Mrs. Matthews stated that the .amount is about one million dollars and she noted that something has developed within the last week; the federal government has authorized an amount close to one million dollars to be sent to Atlanta. At this point the roll was called to the motion. 4.c.1. Mr. Young asked about the delivery of the beach meters. The City Manager replied that many of them have already been delivered and the installation is underway. He has put a hold on the installation of meters at Sandoway Park until they have an opportunity to address Mr. Bird's last suggestion and the Mayor's last request that they look into something else. Mr. Young asked that they bring up Mr. Bird's sugges- tion at the next workshop meeting. The City Manager replied that it will be on next Tuesday's workshop meeting agenda. Mr. Bird stated that he has had several requests from people who are wheelchair bound about having a ramp at one of the parks. He asked for a dollar cost and an appropriate place for it to be placed if, in fact, they should decide to do it. The City Manager agreed to get back to Council on that item. 4.d.1. Mayor Weekes stated that he has a letter from Senator Jim Scott which Mr. Scott asked that he bring to the attention of Council and the public; he has once again asked that the daily journals of the Florida Senate be sent to the City of Delray Beach. Anyone wishing to look at the journals may find them in the City Manager's office. They will be there once the Senate is in session. 4.d.2. Mayor Weekes presented and read a proclamation proclaiming March 10, 1981 as "Ort Day". 5.a. Mr. Sam Portnay, Eigh Point, discussed the figures that Mr. Bird mentioned in regard to dumping. He feels that this issue should be resolved at the next workshop meeting. It's time they start saving the City some money. 5.b. Mr. Isadore J. Ril~ey, Pines of Delray, stated that today t-~e was a three-car accident at the intersection of Homewood Boulevard and S.W. 15th Street. He further discussed the dangerous traffic situ- ation on Homewood Boulevard. He suggested putting a stop sign at that intersection to slow down the traffic. Mayor Weekes requested the City Manager to have the Traffic Engineering Department look into that. Mr. Scheifley stated that in May when the bridge goes up the traffic problem on Homewood Boulevard is going to double or triple. - 2 - 03/10/81 417 5.c. Mr. Sam Schwimer stated that for three years they have been asking for stop signs on Homewood Boulevard at Red Hibiscus Road. So far they have still not received, those signs. Now apparently there is a need for another stop sign at Homewood Boulevard. 5.d. Mr. George Bockhold, Banyan Tree Condominiums, asked what variances the Planning & Zoning Board is going to ask for on the Delray Harbor Club. He also asked if the developer is going to put in the required park and recreation land. 5.e. Mr. Robert Hunter, S.W. 14th Avenue, stated that there is a water main about six inches above the road on S.W. 12th Avenue. Mr. Hunter added that N.W. 6th Avenue is in terrible condition. The City Manager agreed to have those streets looked into. 6.a. There were no items not on the agenda. 6.b. CONSENT AGENDA In regard to item 6.b.(1), Mayor Weekes asked that this item be amended to consider the passage of a resolution to the Board of County Commissioners. He has spoken to some of the County Commissioners and they feel that a resolution would have more effect than a letter from the Mayor. Mr. Bird moved to authorize the passage of a resolution to the Palm Beach County Board of Commissioners, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird J Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird requested that item 7 be pulled from the Consent Agenda and requested, in regard to item 5, that the City Manager come back with the status of the funding for bicycle paths. The City Manager reported on the following items which are to be considered by Council as the Consent Agenda. (2) Council, at the May 20, 1980 meeting, selected Arthur V. Strock & Associates, Inc. as the City's consulting engineers for the beach nourishment program. The agreement between the City and Arthur V. Strock & Associates, Inc. is for professional engineering services related to the maintenance and restoration of the beach and to the in- spection of bridges, seawalls and other marine structures. Approval of execution of the agreement is recommended. (3) It is recommended that Council reappoint Mr. John Saracino to PERC to a four-year term ending March 13, 1985. Mr. Saracino is willing to serve if reappointed. (4) If Council is ready to do so, consideration may be given to the reappointments of Mary Alice Underwood, William Nix and Evert A. Young as regular members of the Financial Advisory Board to two-year terms ending April 12, 1983. All three are willing to serve if reappointed. Approval is recommended. (5) It is recommended that Council give authorization to the administration to seek bids for the construction of bike paths on Linton Boulevard, N.E. 8th Street and S.W. 4th Street. Council, at the February 10th meeting, authorized execution of an agreement between the City and Palm Beach County for construction of these bicycle paths. (6) It is recommended that minutes of the Beautification Committee meeting of February 4, 1981 be acknowledged. (8) Resolution No. 14-81 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from CG (General Commercial) (County) to LI (Light Industrial) (City), located south of Germantown Road, between Congress Avenue and the SAL Railroad is before Council for consideration. This resolution is being presented to correct the legal description contained in Resolution No. 91-80, adopted at the November 10, 1980 meeting. Permission was granted by the Palm Beach County Board of Commissioners and Ordinance No. 2-81 was passed on Second and FINAL Reading at the February 10th meeting. - 3 - 03/10/81 After passage of Ordinance No. 2-81 annexing this property into the City, it was determined that the legal description used did not include the entire parcel. Resolution No. 14-81 is being presented to correct the legal description contained in previously adopted Resolution No. 91-80. Approval is recommended. The caption of Resolution No. 14-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CG (GENERAL COMMERCIAL) TO THE CITY'S ZONING CLASSIFICATION LI (LIGHT INDUSTRIAL) DISTRICT. (Copy of Resolution No. 14-81 is on file in the official Resolution Book) (9) Resolution No. 15-81, supporting the Palm Beach County Area Planning Board's Resolution No. 01-81-70 requesting the U.S. Bureau of the Census to provide more accurate population counts is before Council for consideration. Approval is recommended. The caption of Resolution No. 15-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE PALM BEACH COUNTY AREA PLANNING BOARD,S RESOLUTION NO. 01-81-70 REQUESTING THE U.S. BUREAU OF THE CENSUS TO EXPLORE ALTERNATIVE METHOD- OLOGIES WHICH WOULD BE MORE SENSITIVE TO DYNAMIC HIGH GROWTH AREAS AND PROVIDE MORE ACCURATE POPULATION COUNTS IN A MORE COST EFFECTIVE MANNER. (Copy of Resolution No. 15-81 is on file in the official Resolution Book) (10) The following bids have been received for installation of extension of the present cart path system at the Delray Beach Country Club: Bidder Quotation Hardrives, Inc. $14,271.00 Delray Beach Carr Soil & Sod - Driveways 15,280.00 Delray Beach It is recommended that the contract be awarded to the low bidder, Hardrives, Inc. in the amount of $14,271.00 by passage of Resolution No. - 16-81 with funding to come from the 1978 Utility Tax Revenue Bond Issue. Construction of the cart paths will not start until after Easter. The caption of Resolution No. 16-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE INSTALLATION OF EXTENSION OF THE PRESENT CART PATH SYSTEM AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 16-81 is on file in the official Resolution Book) (11) The following bids have been received for installation of approximately 450 feet of chain link fence to enclose the new South Pumping Station: - 4 - 03/10/81 419 Bidder Quotation Southern Fence Company $2~350.00 Boca Raton Boca Raton Fence & Garden Center 2,900.00 Boca Raton A & A Fences, Inc. 3,448.08 Boynton Beach Bill Overton's Budget Fence Co. 4,295.00 West Palm Beach It is recommended that the contract be awarded to the low bidder, Southern Fence Company, in the amount of $2,350.00 by passage of Reso- lution No. 17-81 with funding to come from the 1979 Water and Sewer Bond Issue. The caption of Resolution No. 17-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE INSTALLATION OF APPROXIMATELY 450 FEET OF CHAIN LINK FENCE TO ENCLOSE THE NEW SOUTH PUMPING STATION. (Copy of Resolution No. 17-81 is on file in the official Resolution Book) (12) Resolution No. 18-81, requesting that the State Department of Highway Safety and Motor Vehicles establish a driver's license office in the Delray Beach-Boynton Beach area is before Council for consideration. Approval is recommended. The caption of Resolution No. 18-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF A DRIVER'S LICENSE OFFICE IN THE DELRAY BEACH - BOYNTON BEACH AREA AND AUTHORIZING THE CITY CLERK TO FURNISH COPIES OF THIS RESOLUTION TO THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES AND OTHER AGENCIES. (Copy of Resolution No. 18-81 is on file in the official Resolution Book) (13) A request has been received from Jeffrey Ahl to annex a 30,000 square foot parcel of land, subject to R-1AA (Single Family Dwelling) District. The subject property is in Section 5-46-43 and is located on the west side of Lake Drive, between N.W. 22nd Street if extended west and N.W. 18th Street if extended west and is zoned RS (Residential Single Family) in the County. Since this request is in conformance with the City's Land Use Plan, it is recommended that the City Attorney be instructed to prepare an ordinance effecting the annex- ation. Mr. Scheifley moved to adopt the Consent Agenda, (2) through (13) with the exception of item (7), seconded by Mr. Young. Said motion passed unanimously. REGULAR AGENDA 6.b.(7) The City Manager reported that an application has been received from Clifford Greco for a Certificate of Public Convenience and Necessity for operation of a uniform chauffeur limousine within the City. In compliance with Section 28-19, Chapter 28 of the Code of Ordinances, Council should fix a date for a public hearing to be held on this application for a Certificate of Public Convenience and Necessity, notice of which shall be forwarded to all operators of taxicabs. At - 5 - 03/10/81 such public hearing, and as a result thereof, Council shall determine if further cab service, within the City, is needed. It is recommended that Council authorize a public hearing on the application to be held at the next regular Council meeting on March 24, 1981. Mr. Bird stated that he feels that the public need for another taxicab in Delray will be adequately answered by whether or not the applicant can stay in business. This whole chapter has no use and no validity; he feels they should workshop it and eliminate as much of it as they can. Mr. Scheifley and Mrs. Durante concurred. Upon question by Mr. Scheifley, the Assistant City Attorney replied that they would have to go through the procedure until such time as the ordinance is amended. Mr. Bird moved to authorize the holding of a public hearing in conformance with the current section of the Code of Ordinances as outlined in the agenda and he would like to see the amendments to Chap- ter 28 at the earliest possible time, seconded by Mr. Scheifley. Said motion passed unanimously. Mr. Young asked to be furnished with a list of permits that have been issued which are not being exercised. 8.a. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the Febru- ary 10th 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. 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. (Copy of Ordinance No. 5-81 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 adoption of Ordinance No. 5-81 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.b. 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 Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the February 10th 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. 6-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENT- LY ZONED CG (GENERAL COMMERCIAL) DISTRICT UNDER COUNTY - 6 - 03/10/81 421 ZONING REGULATIONS, IN THE CITY ZONING SAD (EPECIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 2.03 ACRES, LOCATED ON THE WEST SIDE OF U.S. #1, 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". (Copy of Ordinance No. 6-81 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. Mayor Weekes stated that he received a letter from Mr. Acquilano asking that certain other office occupancies be permitted than those that were defined. The ones that were defined in the SAD ordi- nance were those taken as office uses permitted in multi-family resi- dential zones by conditional use. Mr. Acquilano felt that there were other office occupancies that were suitable in this building other than those which were specifically enumerated. The uses he suggested in the letter were "real estate office, general investments, stockbrockers, mortgage brokers, title insurance agencies, insurance agencies, mar- keting consultants, management consultants, secretarial services, tax return services and computer data services". · Mr. Scheifley suggested referring this to the Planning and Zoning Board. Mayor Weekes replied that the Planning and Zoning Board has declined to consider this since they were not in favor of it coming into the City in the first place. Mr. Bird asked if they adopt this on Second and FINAL Reading, will they have an opportunity to go back and change it later. The Assistant City Attorney replied that it will be necessary to go through the whole ordinance process. Mr. Bird moved for adoption, including the additional uses Mr. Acquilano requested, seconded by Mr. Young. Mr. Scheifley stated that this looks like a major change to the ordinance. They don't make major changes after First Reading; if there's a major change they rewrite the ordinance. Upon question by Mr. Scheifley, the Assistant City Attorney replied that he feels this is a major change. Mr. Bird withdrew his motion and Mr. Young his second. The Assistant City Attorney stated that the additional uses could be included later on in a subsequent ordinance. Mr. Bird moved for adoption of Ordinance No. 6-81 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. Mr. Bird moved that an appropriate ordinance be drafted to add these uses to the SAD for this particular property, seconded by Mr. Young. Said motion passed unanimously. 8.c. The City Manager reported that Ordinance No. 10-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 20 "Public Employee Relations" of the Code of Ordinances relative to PERC. This ordinance was passed on First Reading at the February 24th 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. 10-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 20, "PUBLIC EMPLOYEE - 7 - 03/10/81 RELATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 20-25, "REVIEW OF COMMISSION RULES" TO LIMIT, IN ACCORDANCE WITH SECTIONS 447.603(4) AND 120.545, FLORIDA STATUTES, THE POWER OF THE CITY COUNCIL TO REVIEW RULES PROMULGATED BY THE CITY PUBLIC EMPLOYEES RELATIONS COMMISSION, AND TO PROVIDE THE PROCEDURE TO BE FOLLOWED BY THE CITY COUNCIL AND THE CITY PUBLIC EMPLOYEES RELATIONS COMMISSION IN THE EVENT OF AN OBJECTION BY THE CITY COUNCIL TO A RULE PROMULGATED BY THE CITY PUBLIC EMPLOYEE RELATIONS COMMISSION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 10-81 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 adoption of Ordinance No. 10-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley m 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. 11-81 granting a franchise to Florida Power & Light Company is before Council for con- sideration on Second and FINAL Reading. This ordinance was passed on First Reading at the February 24th 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. 11-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING TO'FLORIDA POWER & LIGHT COM- PANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 11-81 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. Mrs. Betty Matthews stated that she saw an article where the city of Oakland, California, saves a great deal of money by purchasing the poles and equipment from the utility company. Mayor Weekes replied that he doesn't think that would relate to the franchise which is simply their right to operate in the City and to sell electric services in the City. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 11-81 on Second and FINAL 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. 8.e. The City Manager reported that Ordinance No. 7-81 relative to rezoning and placing land zoned RM-6 (Multiple Family Dwelling) Dis- trict in R-iA (Single Family Dwelling) District, located at the north- west corner of Dover Road and the L-35 Canal, part of Hamlet (Parcels "J" and "K") is before Council for consideration on First Reading. - 8 - 03/10/81 423 Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on March 24th. Council, at the February 10th meeting, directed the City Clerk to send the notice required for City initiated rezoning. The City Manager presented Ordinance No. 7-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT IN R-lA (SINGLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST OF THE HAMLET DEVE- LOPMENT, LOCATED AT THE NORTHWEST CORNER OF DOVER ROAD AND THE L-35 CANAL, 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. 7-81 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.f. The City Manager reported that Ordinance No. 12-81, amending C-~-~ter 23 "Streets and Sidewalks" of the Code of Ordinances relative to giving the City Engineer authority to reduce required minimum right-of- way width and paving width requirements and providing for an appeals procedure to the City Council is before Council for consideration on First Reading. Council, at the February 3rd workshop meeting, instruc- ted the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 12-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23, "STREETS AND SIDE- WALKS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 23-17, "MINIMUM RIGHT-OF-WAY WIDTH; ACCESS EASEMENTS; TITLE TO STREET", BY ADDING NEW SUBSECTIONS (e) AND (f) AND RELETTERING OLD SUBSECTIONS (e) AND (f) TO CONFORM THEREWITH, TO PROVIDE FOR AUTHORITY FOR THE CITY ENGINEER TO REDUCE MINIMUM RIGHT-OF-WAY REQUIREMENTS IN CERTAIN INSTANCES, AND TO PROVIDE FOR APPEALS TO THE CITY COUNCIL OF THE CITY OF DELRAY BEACH; AND BY AMENDING SECTION 23-18 "MINIMUM PAVING WIDTHS", BY ADDING NEW SUBSECTIONS (c) AND (d) TO PROVIDE AUTHORITY FOR THE CITY ENGINEER TO REDUCE MINIMUM REQUIRED PAVING WIDTHS IN CERTAIN INSTANCES, AND TO PROVIDE FOR APPEALS TO THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 12-81 on First Reading, seconded by Mrs. Durante. Upon question by Mr. Scheifley, Mr. Church stated that this arose out of a specific request where a property was being developed. They had dedicated 25 feet on their side and on the other side there was no dedication and there was a warehouse; in order to develop there was no way they could give additional right-of-way which would blend in with what was there. In the ordinance they have established widths for rights-of-way. Mr. Bird suggested putting in wording that it would be on the recommendation of the City Engineer and approved by Council. The Assistant City Attorney stated that the intent of the ordinance is to permit, under certain conditions, reductions in the required rights-of- way or paving width requirements that are set out in that chapter of the code. He doesn't feel that there would be a problem as far as who does - 9 - 03/10/81 the actual authorization for reduction. Mrs. Durante asked if there is some language that could be put in the ordinance that would more closely define when this would be used. The City Manager stated that making Council the approving authority should take care of it. Mr. Bird amended his motion to include that change to have the City Council be the final authority in granting of these variances upon the recommendation of the City Engineer, 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. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on February 23rd, recommended by unanimous vote that the conditional use, site and development plan for Delray Harbor Club, located south of S.E. 10th Street, between U.S. No. 1 and the Intra- coastal Waterway to allow 50 dwelling units in a six-story bUilding be approved, subject to: 1) City Engineer's memorandum of January 26th. 2) Director of Public Utilities' memorandum of January 16th. 3) That a Unity of Title be filed tying the water area and boat docks to the land area. 4) That one condominium association be established which controls the dwelling units and boat docks. 5) That no commercial boats of any type be operated from this development. 6) That no live-aboards of any type be allowed to reside on the boats. 7) That the condominium documents be submitted which incor- porate the limitations of items 3, 4, 5 and 6 above, for the City Attorney's review prior to the issuance of any building permits. 8) Approval of the required variances by the Board of Adjustment. 9) That the developer pay to the City, a sum of money equal to the average appraised value per acre, as determined by Arthur Sprott, for 0.58 acres of park and recreation land. 10) A time limitation of 18 months be set for development of the project. The City Manager reported that normally this type of deve- lopment plan would go to workshop before coming for regular meeting con- sideration; however, the meeting schedules did not accommodate that pro- cedure this time. Mr. Scheifley stated that he thinks there should be a para- graph (11) in the list of conditions, for information purposes, stating that the first floor will be used for enclosed parking. In response to Mr. Bockhold's questions, Mr. Frank Carey, Chairman of the Planning & Zoning Board, replied that the Planning & Zoning Board has nothing to do with variances; the Board of Adjustment deals with them. The subject of the impact on the community for open space recreation is new; they are really dealing with an ordinance which is still in the works. Some time ago the Recreation Director of the City called their attention to the fact that under the Subdivision Ordinance they impacted subdivisions; they didn't impact multi-family developments. The assumption was that most of the multi-family develop- ments didn't lean too heavily on the community; that is not true at all. The Planning & Zoning Board agreed with Dan Winters that they had to have an impact fee applied to multi-family developments as well as the - 10 - 03/10/81 425 subdivisions. Their recommendation was that an impact fee be applied to the multi-family and planned residential developments and based on the formula which has been developed, the developer of this particular project would be required to pay, in lieu of the land, a sum of money equal to the value of the land in question. Mr. Sam Schwimer objected to the height of the project. He noted that a few years ago a member of the Planning & Zoning Board made a statement that he was sick and tired of seeing the concrete jungle that was being developed around here. He (Mr. Schwimer) feels that the construction of a six-story building is a furthering of the concrete jungle. Mr. Carey stated that by. definition six stories is not a high rise. It should be remembered that the only zoning in the City of Delray Beach that allows six or seven stories, five residential, is either PRD-10 or RM-15. The amount of land left in the City of Delray Beach zoned in that density is minimal at this point; most of it is already developed. So you can hardly end up with a concrete jungle in the City of Delray Beach. The zoning on this particular site permits 15 units per acre but half of this land is water; there is no way he can put his 50 units on the land without going up. The development that is proposed by the developer in this is by the Board's standard a good use of that particular piece of-property. It is a difficult piece of prop- erty to work with. Mrs. Matthews stated that she doesn't recall any building of five or six stories which has not been opposed by a segment of the public. She understands the philosophy of the Planning & Zoning Board. A couple of years ago there was a written survey done of the wishes of the people of Delray Beach before the Land Use Plan was put into effect. At that time, a majority of the people said that they wanted a single family home community. It's entirely possible that the wishes of the people are not being considered here. She suggested that the City do a survey to determine what the people in the City really want in terms of height. Mr. Bockhold had a copy of a petition which is being circu- lated in the Banyan Tree Condominium; there are 40 signatures on it now and they voice their opinion that there should be no variance issued to any building in the City of Delray Beach that goes above four stories. Mayor Weekes read a letter from Mr. Jack Pitts addressed to the Mayor and City Council members objecting to any more buildings over three stories high. Mr. Pitts also suggested doing a survey on high rise buildings and referred to the stance that the City of Naples took concerning the south half of that City. (Copy of letter is attached). Mr. Carey noted that this piece of land is zoned SC and there are 99 different uses that can be applied commercially to that particular site. It is far more preferable that this piece of land be developed as a mult-family unit as proposed by the developer than any one of several objectionable uses that could end up in that site. Mr. Hamilton, developer, stated that the use this property is about to be brought under is much more desirable. This marina has one of the worst reputations for aesthetics in the City of Delray Beach. They ha~e a plan of aesthetics that will be far more pleasing than any- thing they've seen to date. There have been five hearings to date where the public has been able to come and express their opinion but the public has chosen to come only tonight. Mr. Scheifley referred to the letter from Mr. Pitts and noted that Delray's maximum density is 15 units per acre. When he came to Delray many years ago, it was 48 units per acre; it was gradually reduced to 36 units, then 28 and finally to 20 and then to 15 units per acre. That's about as far as they can legally go. The City of Naples is 18 units per acre. Mr. Scheifley moved to accept the recommendation of the Planning & Zoning Board with the addition of item (11) that the first floor be enclosed parking, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - No; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. - 11 - 03/10/81 Before roll call, Mr. Bird stated that he thinks it is im- portant for them as a Council to sit back periodically and assess what it is that the people have as a message for them. One message that came across to him very clearly over the last few weeks was that there is a significant concern on the part of the citizenry with regard to the height of buildings in town. He recommended that, regardless of Council action on this piece of property, that they go to the people and ask them how they feel. At this point the roll was called to the motion. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on March 3rd, recommended by a vote of 5 to .1 (Carey dissenting) that the conditional use request in the R-iA (Single Family Dwelling) District to allow a Day Care Center, west of S.W. 6th Avenue, between S.W. 8th Court and S.W. 9th Street, be approved, subject to: 1) Director of Public Utilities' memorandum of January 16th. 2) That a time limitation of 18 months be set for develop- ment of the project. Council may either act on this item tonight or refer to workshop. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Bird. Said motion passed unanimous ly. Mayor Weekes declared the meeting adjourned .at 8:40 P.M. City Clerk ATTEST: ~ MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of March 10, 1981 which minutes were for- mally approved and adopted by the City Council on~-~ ~/~/ . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 12 - 03/10/81