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03-24-81 427 MARCH 24~ 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 24, 1981, with Vice-Mayor Malcolm T. Bird, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. Mayor Weekes was absent due to the death of his father. 1. The opening prayer was delivered by Reverend John Hadlock, ~hurch of the Nazarene. 2. The Pledge of Allegiance to the flag of the United States of America was given. Mr. Young moved for approval of the minutes of the regular ~eeting of March 10, 1981 and the special meetings of March 3, 1981 and ~arch 5, 1981, seconded by Mrs. Durante. Said motion passed unani- mously. Mr. Bird stated that the reason Mayor Weekes is not here tonight is because his father passed away 1% days ago. The viewing is tonight at Scobee-Ireland-Potter; the funeral is tomorrow at 2:00 P.M. Members of Council share in his grief. 4.a.1. Mr. Scheifley moved to table and refer to workshop, items 6.c. and 6.e., seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Vice-Mayor Bird - No. Said motion passed with a 3 to 1 vote. 4.b.1. Mr. Young presented a petition signed by people who are complaining about the condition of Seasage Drive and also a photograph of that street. 4.c.1. Mr. Bird stated that he voted no on the motion to table items 6(c) and 6(e) to workshop because they have already spent a great deal of time discussing the garbage issue. He questions what is to be gained from workshopping it one more time. 4.c.2. Mr. Bird stated that at the next workshop meeting, he would like to have added to the agenda discussion of the siting of the Barwick Fire Station. They are all in favor of getting emergency medical care out there as quickly as possible, but as he looks at a map and tries to ascertain by what logic they established that particular place as a location for a fire station, he keeps coming up short. He would like a discussion of it by the administration including the rationale for why they should spend ¼ million dollars to site a facility out there rather than putting a temporary facility there to meet the immediate needs and more properly siting a facility for a full fledged fire station in some other location. 5.a. Mr. Frank Carey discussed the issue of water. He questions ,hether or not there is sufficient water to supply the needs of the ,rojected population in ten years from now. He thinks that this com- %unity continues to gamble with its future by offering water service to ~sers lying beyond the reserve area and by providing water to those ~sers whose use of the land is in direct violation of the City's adopted Comprehensive Plan and its land use element. Some time ago Mr. Martin informed this Council that the capacity of the enlarged filtration plant was based on the adopted land use element of the plan and the needs it would generate; he now says otherwise. He strongly recommends that this Council adhere to the Land Use Plan and, from this time forward, refuse water service to any applicant whose use of the land is not consistent with the Plan. He added that the present surcharge for water to non- residents of the City is totally insufficient. Mr. Bird requested that this item be put on a workshop agenda and that the Administration come, at that time, prepared with figures that relate not only to current use but also the projected buildout figures as actualities, define the limits and the City Attor- ney, at that meeting, can provide them with any legal impediments as to why they could not change the surcharge. Upoa question by Mr. Bird, the City Manager replied that they will schedale that for the second workshop meeting in April. 5.b. Mrs. Betty Matthews, 1024 White Drive, stated that a number of people who live near the ocean have asked her to bring this problem to the attention of Council. It relates to a Haitian boat which has washed ashore on the south end of the beach. Initially, it was filled with filthy clothing and, in these people's opinion, it was a distinct health hazard. The City told them it was a County problem and the County told them it was a City problem. Meanwhile the ocean washed away the filthy clothing but the boat remains. It's large, it's in very bad shape and it is starting to fill with sand. Children play there and it is hazardous. She requested that the City determine whose responsi- bility it is so that it can be removed. The City Manager stated that the boat is not within the City limits of Delray Beach; it is in the unincorporated area of the County. The City Police Department and the County Sheriff's Department are now addressing that question to attempt to get it resolved. They would like to get it out of there. Mr. Bird asked for an equivalent street address. Mrs. Matthews replied that it's less than one block north of the Delray Beach Club. Mr. Bird asked if they would be trampling someone's rights by removing the boat. The City Manager replied that they are doing all they can do legally to get it removed. Upon question by Mr. Bird, the City Manager replied that he does not know when it will be removed. Mr. Bird asked the City Manager to call him tomorrow to discuss this. 5.c. Mr. Sam Schwimer asked about the status on the shifting of Homewood Boulevard at Atlantic Avenue. Mr. Bird stated that the acceptance of the franchise agree- ment with FP&L should be the funding source to complete that. Until they have the funds in hand, it cannot be done. The City Attorney stated that the FP&L franchise will be accepted at the end of March and the payments commence 90 days after that. Mr. Bird added that the commencement of work should begin within the next three or four months. 6.a.1. The City Manager stated that the Delray Beach Little League is about to begin its 1981 season. The League has asked him to invite members of City Council to the opening ceremonies which will be held at the American Legion Field on March 30th at 6:00 P.M. 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 authorize Arthur V. Strock & Associates, Inc., the City's beach consulting engineers, to provide beach engineering services under the terms of the recently approved City/Strock contract for sand fence, access improvements, vegetation, landscaping, preparation of funding applications and other miscellaneous engineering services germane to maintenance of the City's beach and coastal area. (2) The study for beach maintenance nourishment is required on a continuing basis to determine erosion losses. The work involves topographic and hydrographic surveys to evaluate the effectiveness of beach nourishment. It is recommended that Arthur V. Strock & Associ- ates, Inc., consulting engineers, be authorized to perform this work under the terms of the City/Strock contract recently approved by Coun- cil. (3) Council at the February 24th meeting, appointed Robert Slager as a regular member of PERC to the unexpired term of Robert Fellows ending March 13, 1984. Since that time, it has been determined that Mr. Slager is employed by the State of Florida, thus making him ineligible to serve on PERC. The Chairman of PERC has recommended that William Schwartz be appointed to the unexpired term of Robert Fellows ending March 13, 1984. Mr. Schwartz is willing to serve if appointed. Approval is recommended. - 2 - 03/24/81 42§ (4) It is recommended that Council authorize the execution of a 25-foot easement deed at Miller Park on City owned land. The City is expanding Miller Park and additional power facilities have to be brought over to the site. In order to do this, Florida Power & Light requires an easement. (5) A Developers Utility Service Agreement has been re- ceived from Felner Development Corporation for the providing of water and sewer service to Pine Trail South, south of the L-32 Canal, east of Military Trail. A check in the amount of $4,000 has been deposited in the Development Fund to cover 40 units at $100 per unit ($62.50 for sewer and $37.50 for water). Council approved providing water service to this property in 1976. It is recommended that Council approve exe- cution of the agreement. (6) As discussed at the March 17th workshop meeting, Coun- cil is to consider the request of Plumosa School that the City make ~vailable $9,000 to install a recreational facility play unit at the ~chool. It is recommended that $9,000 be transferred from the General Fund Contingency Account to Parks & Recreation for this purpose. (7) It is recommended that Council accept an easement deed from Holland Builders, Inc. for a 10-foot easement in Shadywoods, Phase Two, extending from Lakeview Golf Course to Linton Boulevard. The acquisition of this easement is necessary for storm drain and drainage. (8) It is recommended that Council accept a 15-foot utility easement along U.S. No. 1, extending from S.E. 10th Street, south ap- prOximately 300 feet from Rose C. Mahoney for the placement of water and sewer piping to the recently annexed Acquilano property. (9) Council, at the February 24th meeting, approved payment of $4,000 for the operation of the Community School Program in Delray Beach for this fiscal year. It is recommended that $4,000 be allocated from the General Fund Contingency Account for this purpose. (10) A communication has been received from the Area Plan- ning Board dated March 17th requesting A-95 Clearinghouse review and comment relative to Metropolitan Planning Organization Unified Planning Work Program. This program defines tasks and estimated funding require- ments for transportation planning so there will be no duplication of effort. This project will not result in any adverse effects to the local natural, social or economic environment and there is no dupli- cation of ongoing projects or programs. Approval is recommended. (11) It is recommended that the water main loop installed in Martell Arms Development, located at N.E. 8th Avenue in the vicinity of the extension of N.E. 10th Street be accepted as operational by adoption of Resolution No. 20-81. The caption of Resolution No. 20-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING THE WATER MAIN LOOP INSTALLED IN MARTELL ARMS AS RECORDED IN PLAT BOOK 37, PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PRO- VIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAIN- TENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 20-81 is on file in the official Resolution Book) (12) The following bids have been received for installation of 24-inch water main in the vicinity of Lowson Boulevard: - 3 - 03/24/81 Bidder Quotation Vicon Construction Corporation $385,391.00 West Palm Beach Barile Excavating, Inc. 385,761.00 Lake Park Ric-Man Construction, Inc. 393,677.00 Sterling Heights, MI F.J. Siller & Company 398,296.75 Pompano Beach Gateway Construction Company 409,773.00 Pompano Beach Campanella Corporation 419,588 75 Ft. Lauderdale CFW Construction Co., Inc. 419,884.50 Fayetteville, TN A M & J Corporation 421,458.35 Ft. Lauderdale H & H Engineering, Inc. 424,253.00 Ft. Lauderdale E.N. Murray, Inc. 437,170.85 Buena Vista, GA Southeast Underground Const, Inc. 456,448.00 Cape Coral A & P Construction Company 465,153.00 Canton, MI The Morrison Company South 478,877.80 Pompano Beach Patterson & Wilder Construction Co. 486,318.00 Pelham, AL MaGrow Irrigation, Inc. 496,763.76 Lake Placid Geiskopf Backhoe Service 505,607.36 Ft. Lauderdale Tri-Sure Corporation 513,710.00 Auburndale It is recommended that the contract be awarded to the low bidder, Vicon Construction Corporation, in the amount of $385,391 by passage of Reso- lution No. 21-81 with funding to come from the 1979 Water and Sewer Bond Issue. The caption of Resolution No. 21-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE INSTALLATION OF APPROXIMATELY 7,400 FEET OF 24-INCH WATER MAIN IN THE VICINITY OF LOWSON BLVD. (S.W. 10TH STREET). (Copy of Resolution No. 21-81 is on file in the official Resolution Book) - 4 - 03/24/81 431 (13) An application has been receiv.~d from Clare W. Miller to annex a 1.7-acre parcel of land, subject to RM-15 (Multiple Family Dwelling) District. The subject property is in Section 28-46-43 and is located south of Linton Boulevard if extended east, between A1A and the Ocean. The Planning & Zoning Board at a meeting held on March 16th, recommended by unanimous vote that the property be annexed as RM-15 since this is in conformance with the City's Land Use Plan. It is recommended that the City Attorney be instructed to draft an ordinance annexing the property. (14) The Planning & Zoning Board at a meeting held on March 16th, recommended by unanimous vote that the conditional use approval for South Palm Professional Plaza, located on the east side of U.S. No. 1 between Avenue "H" and Avenue "J" be extended for one year to April 28, 1982. Approval is recommended. (15) The Planning & Zoning Board at a meeting held on March 16th, recommended by unanimous vote that the final plat approval for XYZ Subdivision, located south of the L-32 Canal, between Congress Avenue and the E-4 Canal be approved, subject to the Director of Public Utili- ties' memorandum of March 2nd. Approval is recommended. Mr. Scheifley moved for approval of the Consent Agenda, including items 6.b.(1) through 6.b.(15), seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - No; Vice-Mayor Bird - No. Said motion failed with a 2 to 2 vote. Before roll call the following discussion was had: Mr. Bird stated that one of the things that he finds consistently difficult to deal with is Consent Agenda items for which there is no backup. Items b(1) and b(2) have no amounts. The City Attorney advised that the contract that was negoti- ated is in the framework of an umbrella contract that provides that in the event the City gives them a specific authorization for a specific project, then certain terms and conditions will apply, one of which is a set of hourly rates. He does not have those rates with him. It is a continuing contract until terminated by either party; either party can terminate on 30 days notice. Mr. Bird stated that it seems to him it would be of interest to the people of the City of Delray Beach to know how much they are contemplating for how long a period. He inquired about the cost for the study for beach maintenance nourishment (item 6.b.(2)). Mr Bird sug- gested that items 6.b.(1) and 6.b.(2) be pulled from the Consent Agenda for a separate vote. The City Manager stated that if Council is not prepared to leave these two items on the Consent Agenda, he requests that a motion be passed referring these items to workshop. At this point the roll was called to the motion. Mr. Scheifley moved to remove items (1) and (2) from the Consent Agenda and refer them to workshop, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Scheifley moved for approval of the Consent Agenda items (3) through (15) inclusive, seconded by Mrs. Durante. Said motion passed unanimously. REGULAR AGENDA 6.d. The City Manager reported that a request has been received for amended final plat approval for Faircrest Heights Subdivision, which consists of 66 single family lots on 28.11 acres. The amendment con- sists of removing certain ambiguous and contradictory language regarding the ownership operation and maintenance of the water management areas from the dedication section of the cover sheet. The original final plat was approved by Council on August 27, 1979. The Planning & Zoning Board, at their meeting held on March 23rd, recommended approval by a unanimous vote. - 5 - 03/24/81 Mrs. Durante moved to sust~.in the recommendation of the Planning & Zoning Board, seconded by Mr. Scheifley. Said motion passed unanimously. 7.a. The City Manager reported that as discussed at the March 17th workshop meeting, Council is to consider the request from Irving E. Shore for water and sewer service for a 15-acre parcel of land located on the west side of Military Trail and one half mile north of Atlantic Avenue. Mrs. Durante moved for approval of the request for water and sewer service by Irving E. Shore, seconded by Mr. Scheifley. Said motion passed unanimously. 6.b.(6) Representatives for the Plumosa school project came forward and showed Council a sketch of the park and a miniature of the proposed play equipment. They gave a brief presentation. 7.b. The City Manager reported that as discussed at the workshop meeting on March 17th, Council is to consider the request for water and sewer service for the additional 4.6 acres to be added to Federal Plaza Shopping Center, located at the northwest corner of Military Trail and West Atlantic Avenue. Mrs. Durante moved for approval of the request for water and sewer service by Federal Plaza Shopping Center, seconded by Mr. Scheifley. Said motion passed unanimously. 7.c. The City Manager reported that 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, was discussed at the January 13th Council meeting, at which time Council denied the application and sent the matter back to the Planning & Zoning Board for them to determine whether or not they wished to make a recommendation that the Land Use Plan be changed for the area in which this site is located. The Planning & Zoning Board at a meeting held on February 24th, recommended by unanimous vote that the Land Use Plan not be changed. This was discussed at the workshop meeting on March 17th. Mr. Young moved for the approval of that request, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Upon question by Mr. Scheifley, Mr. Carey stated that they are not in con- formance with the Land Use Plan; this is multi-family and the land use plan shows it as single family. Mr. Bird added that it is in conform- ance with the County's Land Use Plan. Mr. Carey stated that he does not think that just because the County decides they're going to go one way that they have to follow in their footsteps. Mrs. Durante agreed that the County is not always sensitive to Delray, but she feels that this area is one in which they should look at some sensitive zoning to meet the affordable housing need. At this point the roll was called to the motion. 7.d. The City Manager reported that an application has been re- ceived for transfer of ownership of Certificate of Public Convenience and Necessity from Joseph Kovar under the name of Smokey, Inc. d/b/a Greyhound Taxi, which is licensed to operate three taxicabs, to Raymond Ciccone. 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 transfer of ownership of Certificate of Public Convenience and Necessity, notice of which shall be forwarded to all operators of taxicabs. At 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 April 14th. Mr. Scheifley moved to authorize the public hearing on April 14th, seconded by Mrs. Durante. Said motion passed unanimously. - 6 - 03/24/81 433 8.a. The City Manager repo~teC 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 January 13th meeting, tabled a decision of this item until the March 24th meeting. The City Manager presented Resolution No. 3-81~affirming the adminstrative decision that a nuisance exists: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AFFIRMING THE ADMINISTRATIVE DETERMI- NATION 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 POR- TION 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 DETERMI- NATION 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 POR- TION OF THE PROPERTY. Mr. Scheifley moved for adoption of Resolution No. 3-81 affirming the decision of the administration, seconded by Mrs. Durante. Upon question by Mrs. Durante, the City Attorney replied that the person has not been belligerent or uncooperative. Mr. Bird asked how many places in the City have berms above three feet. Mrs. Durante stated that if the owner takes the berm down, he is going to have the accumulation of a lot of trash on his property. A representative for the owner stated that they do have a provision that the buyer will do what is necessary with respect to the berm to satisfy the City; however, that provision was added to the contract when they thought he was going to buy the south parcel first. He is now going to buy the parcel immediately north of L-31 first and, perhaps, soon thereafter take the parcel south of the L-31. Mr. Scheifley stated that a meeting hardly goes by when someone complains about not enforcing ordinances. Mrs. Durante stated that the man built this berm because of all the trash and garbage that was being dumped on this lot. Until they can do something to keep the trash off of West Atlantic Avenue, she feels that they should not worry about a berm. The City Manager replied that that could take a long time. Mrs. Durante withdrew her second. Mr. Bird stated that before they discuss this again, he would like to know how many areas in the City have berms which exceed three feet and how that three feet is measured. The City Manager stated that they will not attempt to enforce the berm ordinance until a reso- lution is made of it. Mrs. Durante moved to table Resolution No. 3-81, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 3 to 1 vote. - 7 - 03/24/81 8.b. The City Manager reported that Ordinance No. 7-81 relative to rezoning and placing land zoned RM-6 (Multiple Family Dwelling) District in the R-iA (Single Family Dwelling) District, located at the northwest corner of Dover Road and the L-35 Canal, part of Hamlet (Parcels "J" and "K") is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the March 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. 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 DE- VELOPMENT, LOCATED AT THE NORTHWEST CORNER OF DOVER ROAD AND' THE L-~5 CANAL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 7-81 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 adoption of Ordinance No. 7-81 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 8.c. The City Manager reported that Ordinance No. 8-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will annex a ten acre parcel of land, located at the south- west corner of Barwick Road and Palm Ridge Boulevard, subject to R-1AA (Single Family Dwelling) District. 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. 8-81: 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 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LOCATED AT THE SOUTHWEST CORNER OF BARWICK ROAD AND PALM RIDGE BOULEVARD, 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 PROVID- ING FOR THE ZONING THEREOF. (Copy of Ordinance No. 8-81 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. Scheifley moved for the adoption of Ordinance No. 8-81 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. - 8 - 03/24/81 435 8.d. The City M~.nager reported that Ordinance No. 9-81 relative to annexing a 10,000 square foot parcel of land, located at the south- west corner of Barwick Road and Barrett Street, subject to R-1AA (Single Family Dwelling) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the February 24th 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. 9-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 1, BLOCK 3, KINGSLAND PINES, ACCORDING TO THE PLAT THERE- OF RECORDED IN PLAT BOOK 25, PAGE 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CON- TIGUOUS 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. (Copy of Ordinance No. 9-81 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. 9-81 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 8.e. The City Manager reported that Ordinance No. 12-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 23 "Streets and Sidewalks" of the Code of Ordinances relative to giving the City Council authority to reduce required minimum right-of-way width and paving width requirements upon the recommendation of the City Engineer and providing for an appeals procedure to the City Council. This ordinance was passed on First Reading at the March .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. 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 COUNCIL, UPON THE RECOMMENDA- TION OF 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 FROM ADVERSE RECOMMENDATIONS OF THE CITY ENGINEER; AND BY AMENDING SECTION 23-18 "MINIMUM PAVING WIDTHS", BY ADDING NEW SUBSECTIONS (c) AND (d) TO PROVIDE AUTHORITY FOR THE CITY COUNCIL, UPON THE RECOMMENDATION OF THE CITY ENGI- NEER TO REDUCE MINIMUM REQUIRED PAVING WIDTHS IN CERTAIN INSTANCES, AND TO PROVIDE FOR APPEALS TO THE CITY COUNCIL OF THE CITY OF DELRAY BEACH FROM ADVERSE RECOMMENDATIONS OF THE CITY ENGINEER; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. (Copy of Ordinance No. 12-81 is on file in the official Ordinance Book) - 9 - 03/24/81 Mr. Scheifley stated that he had some reservations about the original ordinance giving the authority to the City Engineer. If the information in the agenda preface is correct, he still has some reserva- tions. The City Attorney stated that the ordinance provides that upon the recommendation of the City Engineer, the City Council may authorize a reduction. Mr. Scheifley noted that the agenda is incorrect. 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. George Bockhold, Banyan Tree Condominiums, stated that this is confusing and it should not be acted upon until the wording is correct so the people know what is being done. He suggested that they table it until the next meeting. The City Attorney stated that the advertisement pertaining to this ordinance that was published in the newspaper to give the public notice of the public hearing contained all of the corrections. Mr. Gregory Belli, 208 S. Swinton Avenue, stated that he has some reservations as to the lack of specificity in the conditions under which the City Engineer might make a recommendation. Mr. Bird stated that this was to grant some relief so that those parcels scattered in the developed sections of the City could be developed at a reasonable cost by those wishing to do so. It would not impose any undue burden on their neighbors because most of them are dead-end streets of limited length. The public hearing was closed. Mrs. Durante moved for the adoption of Ordinance No. 12-81 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 8.f. The City Manager reported that Ordinance No. 13-81 relative to annexing a parcel of land located on the west side of Lake Drive, between N.W. 22nd Street if extended west and N.W. 18th Street if ex- tended west, subject to R-1AA (Single Family Dwelling) District, is before Council for consideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family). Coun- cil, at the February 10th meeting, instructed the City Attorney to prepare the ordinance effecting the annexation. Second and FINAL Read- ing and public hearing will be held at the meeting on April 28th. The City Manager presented Ordinance No. 13-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 3, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 25, PAGE 26, SAID LAND BEING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST 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, 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. Scheifley moved for the adoption of Ordinance No. 13-81 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. - 10 - 03/24/81 437 8.9. The City Manager reported that Ordinance No. 14-81, amending Chapter 26 "Traffic" of the Code of Ordinances relative to eliminating the two-hour parking zone on the west side of N.E. 1st Avenue from Atlantic Avenue to N.E. 1st Street is before Council for consideration on First Reading. The City Manager presented Ordinance No. 14-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26 "TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SEC. 26-44(a) TO ELIMINATE THE TWO-HOUR PARKING ZONE ON THE WEST SIDE OF N.E. lST AVENUE FROM ATLANTIC AVENUE TO N.E. lST STREET; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 14-81 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Bird asked what it will go to if they remove the two-hour parking. The City Attorney replied all day parking. At this point the roll was called to the motion. Mr. Scheifley asked if Atlantic Avenue is widened between Swinton Avenue and N.E. 1st Avenue for increased row parking, will all the trees along there have to be removed. The City Manager replied that he doesn't know. Mr. Scheifley added that there is a beautiful row of trees along there and it would be a shame to remove them. 8.h. The City Manager reported that Ordinance No. 15-81, amending Section 2(a) of Ordinance No. 6-81 relative to providing for additional conditional uses is before Council for consideration on First Reading. Council, at the March 10th meeting, instructed the City Attorney to pre- pare the ordinance. The City Manager presented Ordinance No. 15-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2(a) OF ORDINANCE NO. 6-81 RELATIVE TO ESTABLISHING SAD DISTRICT FOR PROPERTY 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 TO PROVIDE FOR ADDITIONAL CONDI- TIONAL USES IN SUCH SAD; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 15-81 Dn First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. Vice-Mayor Bird declared the meeting adjourned at 8:15 P.M. MAYOR - 11 - 03/24/81 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 24, 1981, which minutes were formally approved and adopted by the City Council on ~ ~,. /~/. City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, - or deletions to the minutes as set forth above. - 12 - 03/24/81