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06-23-81 JUNE 23, 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, June 23, 1981, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members James H. Scheifley, Charlotte G. Durante, and Malcolm T. Bird, present. Council Member Blair was absent. 1. The opening prayer was delivered by Reverend George Phillips, Greater Mount Olive Baptist Church. 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 special meeting of June 2, 1981, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mrs. Durante requested that item 7.a. be moved forward so that Reverend Phillips, who has to leave early, can participate in the discussion. Mr. Scheifley moved that item 7.a. be moved up to follow item 5, seconded by Mrs. Durante. Said motion passed unanimously. 5.a.1. Mr. John Henderson, 532 Rye Lane, representing the Coalition for Concerned Citizens, spoke in opposition to Ordinance No. 48-81, which was presented to Council for First Reading last Tuesday night and referred by Council to the Planning and Zoning Board. Mrs. Elizabeth Matthews and Mr. Robert Stump, members of the Coalition for Good Govern- ment, advised him they would meet with their group to ascertain whether their group would meet with his group to discuss this issue. At this time he requests that Council defer any action on this ordinance until these two groups get together, talk it over, work out better legislation and send it back to Planning & Zoning. Mrs. Durante moved to defer any action on Ordinance No. 48-81 until such time as those two groups come back before Council and tell them that they have met and Council can proceed, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - No; Mayor Weekes - No. Said motion failed with a 2 to 2 vote. Before roll call the following discussion was had~ Mayor Weekes stated that this is really an inappropriate time to get into this. It is not up for consideration tonight. The appropriate time for this discussion would be when the ordinance is before Council for con- sideration. Mr. Bird agreed with the Mayor's comments and questioned what they will do if the two groups do not meet. Mr. Scheifley stated that when he seconded Mrs. Durante's motion to refer the ordinance back to the Planning & Zoning Board, it was his understanding that the Plan- ning & Zoning Board would work on the ordinance and present Council with a comprehensive package. He agrees that they should wait and get the input from all these people and try to reach a compromise. Mr. Sam Schwimer stated tha~ he attended the meeting of the Coalition for Good Government this afternoon. He does not recall any discussion of a further meeting with this other committee Mr. Henderson talked about. Mr. Joe Martin stated that this is a very sincere request on behalf of a number of people who are anxious to meet with this Coalition for Good Government and attempt to analyze the ordinance in its present form and, perhaps, present an ordinance that would be in the best in- terest of the total community. At this point the roll was called to the motion. 7.a. The City Manager reported that Council Member Durante re- quested a discussion relative to banning tents for church and religious services. Reverend George Phillips spoke in regard to a minister who was allowed to set up a tent in Delray Beach; he had observed this minister and was concerned over his methods. Reverend Phillips sug- gested that the City make it a little more difficult for people to do this; he recommended a fee of $200 (rather than $25 or $30) be charged to these people who set up tents. He also suggested that the City make a more careful investigation of the people who make application for erecting these tents. Mrs. Evelyn Gary, 128 N.W. 9th Avenue, representing the homeowners in her neighborhood, discussed the tent that has been put up right across from their homes. They oppose the location of the tent in their residential neighborhood and are asking Council to have it re- moved. She asked Council if all religious tents can be banned from the City of Delray Beach; seemingly, they are always put in her area and it upsets everyone living there. Mayor Weekes stated that he thought they had approved that tent to be erected in the southwest quadrant of the City, not the north- west. Mrs. Durante stated that the southwest side is what was orally stated to Council; however, in the written request from the Seventh Day Adventist Church, it was the northwest side; there is a matter of confusion. In the interest of the residents, she agreed to ask the Church to consider relocating to Pompey Park. She spoke to the Church and they felt that they could not move the tent at this time. In regard to complaints of construction activities going on at the tent, she checked this out through the City Manager and was told that the Chief of Police told them that no construction activities were to be conducted there. She spoke to Reverend Dennis and he told her that he was not notified of this. Mr. Kenneth Butler, next door neighbor of Mrs. Gary, stated that he is not opposed to churches or what they represent; however, he is opposed to this tent in their residential neighborhood. Mayor Weekes advised Pastor Dennis that when he voted for this he thought it was in the southwest quadrant and that there were no immediate neighbors. It seems to him that in the best interest of harmony in the community, Pastor Dennis should be willing to voluntarily move that tent. Pastor Keith Dennis, Pastor of Seventh Day Adventist Church, reviewed the steps that have taken place in regard to the erecting of the tent and added that the letter he wrote clearly stated "northwest". His church has more than 50 members living in that same neighborhood, who, if he asked them to, would come here and speak strongly in support of the tent. They are there to benefit the community, not to detract from it. They have one million dollars in insurance; if they have to remove the tent it would take another four weeks to have that insurance rewritten. Also, they have already paid for printed invitations which indicate the location as discussed. Mayor Weekes stated that he does not intend to ever again vote for a tent of this nature in the City of Delray Beach. Mr. Bird suggested, in order to insure that they always have an adequate amount of public participation in these decisions, that it would be appropriate if they changed the ordinance concerning this matter to read very similarly to the one for non-conforming uses; i.e., public notices and public hearing. Mrs. Durante suggested having the City Attorney research this matter to see if they can ban tents or at least keep the tents on the churchs' own property. If, in this case, the Church will not volun- tarily move the tent, she feels that she will have to support their previous action, even though there was a mistake made as to the loca- tion. - 2 - 06/23/81 Mrs. Dorothy Sutton, 101 N.W. 9th Avenue, spoke in opposi- tion of the tent. She has a great amount of ~espect for Pastor Dennis and his church but they do not want the tent in their neighborhood. She is concerned about the noise level, security, health facilities and parking. There is also a tent two blocks south of them; so there are two tents in one neighborhood at the same time. Mr. Kenneth Gary, 128 N.W. 9th Avenue, asked what hours they intend to conduct services in the tent. He is concerned about noise and security. In response to Mr. Gary's question, Reverend Dennis replied that they plan to conduct for about two to three weeks a vacation bible school which would start about 10:00 A.M. and end about 12:00 noon or 1:00 P.M. In the evenings, their meetings would start about 7:30 P.M. and end no later than 9:15 P.M. Microphones or speakers would be turned in; none would be out. Mrs. Lucille Wright stated that the tent is right in front of her window by her front door. Regardless of what time they conduct their meetings, the tent should not be there. She is strongly opposed to its presence in that location. Mrs. Gary spoke in regard to a remark made by Reverend Dennis relative to noise. She asked how they propose to keep the noise from coming out of the tent. Reverend Dennis replied that he has run tent meetings for many years; he is familiar with complaints such as these and knows how to control them. Mayor Weekes stated that in spite of the fact that he has known Reverend Dennis a long time and considers him a friend, he feels that the Reverend is doing a disservice to the community by continuing to insist that the meetings be held in that location. The City Manager stated that it seems to him that relocating the tent would not be that big a job. It also seems that Reverend Dennis was lamenting the fact that notices had gone out to people who were expecting the tent to be at a specific location. He asked if it would be possible to work out a compromise for the church to use the tent at its present location for a week or so in which time it would become known, and they could publicize the fact, that it would be lo- cated elsewhere after that, in Pompey Park for example. Reverend Dennis replied that that would be difficult to do as they have gotten a permit from the City for wiring at a certain location; the Health Department and Fire Department have approved a specific area and the insurance is already written. The City Manager advised that as far as the City is con- cerned all permits would be transferable from one location to another without a problem; he can't speak to the insurance issue. Mayor Weekes stated that based on his experience in the insurance business he would think that a simple telephone call from the agent who handled it notify- ing the company of the change and asking them to approve the change would be sufficient to take care of that; he can't see that it would take a great deal of time to accomplish that change. Reverend Dennis noted that all over the United States this summer, Pastors, such as himself in the Seventh Day Adventist denomi- nation, are pitching tents. People are backlogged with insurance certificates and that's the reason they gave him as to why it has to take four weeks for them to send it from Washington to Florida. Mr. Scheifley asked if there is any legal means of requiring the removal of this tent to Pompey Park at the end of one week. The City Attorney replied, yes, from what he has heard of what was on the agenda and the minutes of the meeting, the location that was actually approved by Council was for southwest, not northwest. Mrs. Durante noted that they are now discussing two items at the same time; banning tents (7.a.) and the permit to erect a tent (7.b.). The City Attorney stated that Council could adopt a motion giving the Reverend a reasonable period of time to remove the tent; a week, if Council feels that is reasonable, and, at that time authorize another location. - 3 - 06/23/81 Reverend Dennis noted that Mrs. Durante indicated the Pompey site to him a few days ago. He explained to her then that a tent on that piece of property would be basically hidden. They pitched a tent at a place where people will pass by, see it, be attracted to it and come to see what's happening there. If they agree to put the tent where Mrs. Durante suggested, they would be defeating their whole purpose. However, if community opposition is going to defeat their purpose, he would rather see the tent being hidden as opposed to these people con- stantly calling City Hall about it. He would rather put the tent by Pompey Park, on City property, just for a peaceful life, assuming that the neighbors on the other side will not complain. They have to open this coming Sunday. If the City Manager will give them the go ahead to have all the legal papers transferred to that location, they will go along with it. The City Attorney advised that Council will first need a motion to bring up item 7.b. at this time and, after that is approved, they will need a separate motion to approve the new location of Pompey Park. Mr. Bird asked if they are all in agreement as to what they are going to do about 7.a.; he would like Council's concurrence to direct the City Attorney to investigate this. Mr. Scheifley stated that he would not vote for an ordinance banning tents completely because there are other uses which he thinks might be beneficial to the com- munity; it should be on a case by case basis. Mrs. Durante added that this issue was not aimed at banning tents for the Delray Affair, Roots Festival or any function of that nature; however, they felt that because it was so easy to get a permit to erect a tent, they had religious organizations putting up tents without proper research being done. Mr Bird added that he believes that if each of these people had received a letter informing them that Council was going to meet to formally approve a tent across the street from them that they would have been here. It was the consensus of Council to have the City Attorney come back to Council with a recommendation on item 7.a. 7.b. Mr. Bird moved to bring up item 7.b. at this time, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Scheifley moved that Reverend Dennis be instructed to move his tent and operation to either the officially approved original request location or to Pompey Park by Wednesday, July 1st, and that permission is granted by this motion to authorize use of Pompey Park for this purpose and such permits as are necessary will be redone by the City to facilitate the move, seconded by Mrs. Durante. Said motion passed unanimously. 6.a.1. The City Attorney reported that there is a contract before Council for consideration. This is the contract for the purchase of the park property at Lake Ida Road and Barwick Road. He called to Council's attention a provision on Exhibit C in paragraph 2; the language here specifically relates to future platting that may occur and the property that lies to the north of the park. It was agreed that the purchase price of the park property would be $25,000 an acre and that when future plats come through and a request is made for a payment in lieu of a park dedication that the valuation that will be placed on the acreage that would otherwise be dedicated is $25,000 an acre without interest. Mayor Weekes advised that he has attended several meetings with the City Attorney and with the present purchasers of the contract of this land and he feels that what they have come up with is a fair proposition. Mr. Bird moved to approve the contract and to authorize the Mayor to execute it, seconded by Mrs. Durante. Said motion passed unanimously. 6.a.2. The City Manager passed out to Council copies of the cash management study done by MICA for the City. He reported that it was just recently received. - 4 - 06/23/81 6.a.3. The City Manager reported that the City is in receipt of an application for water service to serve five buildings in the vicinity of the flea market, 2345 N. Federal Highway; the reason being that the Health Department has just discontinued use of well waters. It is recommended that Council authorize the execution of the City's standard water service/annexation agreement. Mr. Bird asked if DER went in and asked them to shut down their wells with no forewarning. The City Manager replied that he doesn't know when they received their warning; he heard about it this morning. The City Manager added that the land is in a ~pocket so it is not eligible for annexation at this point in time; it presumably will be eligible some time in the future. Mr. Bird stated that the area by the flea market along Federal is all pretty well built up and questioned how it occurs that they can have some houses that are jeopardized and some others that are not. The City Manager replied that he doesn't really know but he would not be surprised if they were small cottage-type buildings rather than conventional single family residences, but he isn't certain of that. Mr. Bird stated that his point is that it would seem to him that the well water in that whole area would be bad. The City Manager stated that it could be bad for these buildings and not so bad for a building nearby. Mrs. Durante moved to authorize execution of the standard annexation/water service agreement, seconded by Mr. Scheifley. Said motion passed unanimously. 6.a.4. The City Manager reported that the City is in receipt of a bill for $2,000 for the appraisal of the Hoffman property on the Intra- coastal Waterway. It is recommended that Council authorize a transfer of $2,000 from the General Fund Contingency Account to pay the bill. Mrs. Durante moved to authorize the transfer of $2,000 from the General Fund Contingency Account to pay this bill, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - No; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. Before roll call, Mr. Bird asked if they have any money left in their Park Acquisition Fund. Since they are planning to use this for park land, he feels maybe it would be a more appropriate source of funding. Upon further question, the City Manager replied that there is money left in the account from the sale of City lands. At this point the roll was called to the motion. 6.a.5. The City Manager reported that the City is in receipt of a $1,900 bill from Alvin Bean, Administrative Director of the SCRWTD Board, for payment for meter analysis for the sewage treatment plant. Council may consider authorizing payment of that bill. Mr. Bird moved to pay this bill from the Sewer System Fund, seconded by Mrs. Durante. Said motion passed unanimously. 6.b. CONSENT AGENDA The City Manager requested that items 8 and 20 be removed from the Consent Agenda and the City Attorney requested that item 17 be removed from the Consent Agenda for separate discussion. The City Manager reported on the following items to be considered by Council as the Consent Agenda: .(1) It is recommended that Council authorize execution of Conditional Permit Agreement between the City and Lake Worth Drainage District relative to Force Main 50 and Force Main 80 Canal Crossings. (2) It is recommended that Council authorize execution of an agreement between the City and David R. Murphree relative to reim- bursement to the City of $600 for damages to trees. - 5 - 06/23/81 (3) The Drug Enforcement Administration in the past several years has assisted the Police Department in numerous drug cases but has not requested monies, compensation or share in any of the confiscated articles. Due to Federal budget cuts, they are requesting that one of the vans seized in the drug arrest in August 1980 be turned over to their office. The 1977 Dodge van is valued at approximately $1,700. Approval is recommended. (4) It is recommended that $1,900 be transferred, by mo- tion, from the General Fund Contingency Account for the preparation of plans for electrical improvements at the City Marina. (5) The Beautification Committee has recommended the ap- pointments of Jay Petersen and Phillip Carow to the committee. These appointments would fill two of the four vacancies which exist. Approval is recommended. (6) If Council is ready to do so, consideration may be given to the reappointment of Clifford Durden as a member of the Delray Beach Housing Authority to a four-year term ending July 14, 1985. Mr. Durden is willing to serve if reappointed. Approval is recommended. (7) Consideration may be given, if Council is ready to do so, to the reappointment of Morgan Zook as a member of the Delray Beach Downtown Development Authority to a three-year term ending on July 1, 1984. Mr. Zook is willing to serve if reappointed. Approval is recom- mended. (9) The following bids have been received to repair the Fire Department 85-foot Snorkel: Bidder Quotation Emergency One $14,803.90 Ocala, FL F.O.B. Ocala Snorkel $15,000.00 St. Joseph, MO F.O.B. St. Joseph Both bids require the City to pay for transportation of the vehicle to and from the plants where the work will be completed. Round-trip trans- portation to St. Joseph would be over $3,000 compared to approximately $200 round-trip to Ocala. It is recommended that the contract be awarded to the low bidder, Emergency One in the amount of $14,803.90 with funding to come from funds in the 1980-81 budget. (10) As discussed at the June 16th workshop meeting, Council is to consider Change Order No. 2 between the City and Hardrives of Delray, Inc. to add a third southbound land at U.S. No.1/south of Lin- dell Boulevard which will provide access to the business properties on the west side of U.S. No. 1. It is recommended that Council authorize Change Order No. 2 which will increase the contract price by $15,000 for a total of $120,435, with funding to come from the sale of City land. (11) It is recommended that minutes of the Beautification Committee meeting of June 3, 1981 be acknowledged. (12) A communication has been received from the Professional Firefighters of Delray Beach requesting permission to solicit funds on July 25, 1981, approval of which is recommended by the Solicitations Committee and the administration. (13) The following bids have been received for the rehabili- tation of Lift Station No. 7, located by the Intracoastal Waterway at S.E. 4th Street: Bidder Quotation R. J. Sullivan Corporation $11,500.00 Coral Springs Trio Development Corporation 13,160.00 Pompano Beach - 6 - 06/23/81 It is recommended that the contract be awarded to the low bidder, R.J. Sullivan Corporation in the amount of $11,500 by passage of Resolution No. 49-81 with funding to come from funds in the 1980-81 budget. Coun- cil, at the June 9th meeting, authorized the administration to secure bids for the rehabilitation of Lift Station No. 7. The caption of Resolution No. 49-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF CONTRACT FOR THE REHABILITATION OF LIFT STATION NO. 7 LOCATED BY THE INTRACOASTAL WATERWAY AT S.E. 4TH STREET. (Copy of Resolution No. 49-81 is on file in the official Resolution Book) (14) It is recommended that the streets and storm drains installed in Pine Trail South, located at N.W. 3rd Drive from Military Trail east to the cul-de-sac be accepted as operational by adoption of Resolution No. 50-81. The caption of Resolution No. 50-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN PINE TRAIL SOUTH, AS RECORDED IN PLAT BOOK 42, PAGE 8 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 50-81 is on file in the official Resolution Book) (15) It is recommended that sanitary sewers and water utili- ties installed in Pine Trail South, located at N.W. 3rd Drive from Military Trail east to the cul-de-sac be accepted as operational by adoption of Resolution No. 51-81. The caption of Resolution No. 51-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PINE TRAIL SOUTH, AS RE- CORDED IN PLAT BOOK 42, PAGE 8 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: N.W. 3RD DRIVE FROM MILITARY TRAIL EAST TO THE CUL-DE-SAC, 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; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PRO- VIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 51-81 is on file in the official Resolution Book) (16) It is recommended that the sanitary sewers installed in Bermuda High West, located at 2115 South Ocean Boulevard be accepted as operational by adoption of Resolution No. 52-81. The caption of Resolution No. 52-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS IN- STALLED IN BERMUDA HIGH WEST, AS RECORDED IN PLAT BOOK 36, PAGES 134 & 135 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 SA~D UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT - 7 - 06/23/81 DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PRO- VIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 52-81 is on file in the official Resolution Book) (18) The Planning & Zoning Board at a meeting held on June 15th, recommended by unanimous vote that the conditional use for Wayside Guild, located on the west side of N.E. 6th Avenue, between N.E. 3rd Street and N.E. 4th Street to allow the addition of administrative and instructional space in an existing Board and Care Home be approved, subject to: (a) Director of Public Utilities' memorandum of May 13th. (b) A time limitation of 12 months be set for de- velopment of the project. Approval is recommended. (19) The Planning & Zoning Board at a meeting held on June 15th, recommended by unanimous vote that the final plat for Rabbit Hollowe, located west of Dover Road, if extended south, between German- town Road and the L-37 Canal, be approved, subject to: (a) City Engineer's memorandum of June llth. (b) Director of Public Utilities' memorandum of May 29th. Approval is recommended. Mr. Bird moved for adoption of the Consent Agenda with the exception of items 8, 17 and 20, seconded by Mrs. Durante. Said motion passed unanimously. 6.b.(8) The City Manager reported that it is recommended that the South Central Regional Wastewater Treatment and Disposal Board's action at the June 10, 1981 meeting to have the Board take responsibility for the plant operation and terminate the Operation Agreement with the City of Delray Beach in an orderly manner be approved. Action of the Board requires ratification by the City of Delray Beach and the City of Boynton Beach. The City Manager stated that the reason he asked that this item be removed from the Consent Agenda is because the agenda says that approval is recommended and he is not in favor of this. Mr. Bird moved for adoption of item 6.b.(8), ratification of the action of the SCRTWD Board, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - No; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. 6.b.(17) The City Manager reported that Resolution No. 53-81 relative to transferring title from Leadership Cablevision Associates, a Florida Limited Partnership to Fairbanks Cable of Florida, Inc., an Indiana Corporation, is before Council for consideration. This item was dis- cussed at the workshop meeting on June 16th. Approval is recommended. The City Manager presented Resolution No. 53-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO THE REQUIREMENTS OF SECTION 10-18 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE TRANSFER OF THE CITY OF DELRAY BEACH CABLE TELEVISION FRANCHISE FROM LEADERSHIP CABLEVISION ASSOCIATES, A FLORIDA LIMITED PARTNERSHIP, TO FAIRBANKS CABLE OF FLORIDA, INC., AN INDIANA CORPORATION. (Copy of Resolution No. 53-81 is on file in the official Resolution Book) - 8 - 06/23/81 The City Attorney reported that there is another item on the agenda which involves the same transfer, item 8.i., Ordinance No. 50-81. He requested that Council make a motion to consider both items at this time. Mr. Bird moved to consider both item 8.i. and item 6.b.(17) at this time, seconded by Mrs. Durante. Said motion passed unanimously. The City Attorney reported that in regard to each of these, the attorney for the current franchise holder has requested that the effective date language be amended so that the transfer does not become effective until such time as they have received written notification from both Fairbanks Cable of Florida and the current franchise holder, Leadership Cablevision Associates, that they have effected the sale of their system and it has been transferred to the new franchisee. He is agreeable to this. He suggests that they set a date not later than 60 days from tonight's meeting, in which event, if they have not received notice, both resolution and ordinance are of no further force and ef- fect. It would be appropriate for Council, if Council is agreeable, to make a motion to adopt Resolution No. 53-81 with that amended language. Mr. Bird moved to adopt Resolution No. 53-81 with the amended language as advised by the City Attorney, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.i. The City Manager reported that Ordinance No. 50-81 relative to transfer of title from Leadership Cablevision Associates, a Florida Limited Partnewship to Fairbanks Cable of Florida, Inc., an Indiana Corporation is before Council for consideration on First Reading. Council instructed the City Attorney to prepare the ordinance at the workshop meeting on June 16th. The City Attorney presented Ordinance No. 50-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "DELRAY BEACH CATV LEADERSHIP FRANCHISE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 10-1, "SHORT TITLE" TO REMOVE "LEADERSHIP" FROM TITLE; BY AMENDING SECTION 10-2(e), "DEFINITIONS", TO DELETE RE- FERENCES TO LEADERSHIP CABLE TELEVISION SYSTEMS AND INSERTING IN ITS PLACE "FAIRBANKS CABLE OF FLORIDA, INC., AN INDIANA CORPORATION"; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. He advised that Council adopt the ordinance on the same conditions that the resolution was adopted, in terms of effective date. Mr. Bird moved for adoption of Ordinance No. 50-81 on First Reading with the amended language as advised by the City Attorney, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 6.b.(20) The City Manager reported that the Planning & Zoning Board at a meeting held on June 15th, recommended by unanimous vote that the site and development plan for Southern Pines, located on the south side of Germantown Road, between S.W. 22nd Avenue and Congress Avenue be approved, subject to: (a) City Engineer's memorandum of May 22nd. (b) Director of Public Utilities' memorandum of May 13th. (c) A time limitation of 18 months be set for de- velopment of the project. Approval is recommended. - 9 - 06/23/81 The City Manager stated that the reason he requested that this item be taken off of the Consent Agenda is because it is for site and development plan approval of a multiple dwelling consisting of 92 units and it has not yet been workshopped. The City Attorney asked Mr. Dave Gailone of 6570 High Ridge Road, Lantana, one of the partners for the venture, if he is in agree- ment with the staff conditions included in the Planning & Zoning Board's recommended approval, including that of the City Engineer dated-May 22, 1981. Mr. Gailone replied yes. Mr. Scheifley moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mrs. Durante. Said motion passed unanimously. REGULAR AGENDA 6.c. The City Manager reported that three bids were received for a soft drink vending machine program in which the City would share in the profits. Council may either authorize the City Attorney to draft a contract between the City and Coca Cola or refer to workshop. They estimate that a contract with the Coca Cola Company would net something on the order of $12,000 a year. The City Manager elaborated further on the other two bids and why they have chosen the Coca Cola Company. Mr. Bird moved that the City Attorney be authorized to draft a preliminary contract with the Coca Cola Company for a period not to exceed two years, seconded by Mrs. Durante. Said motion passed unani- mously. Before roll call the following discussion was had: Mr. Scheifley asked what care would be taken to prevent the littering of cans and if this would be a problem. The City Manager replied that there is that possibility. Upon question by Mayor Weekes, the City Manager replied that if it proves to be a nuisance the contract does enable them to remove the machines. Upon question by Mr. Portnay, the City Manager replied that the City will control the price of the drink. The price has not been set as of this time; it will be in line with the going rate or the City will not agree to it. Further discussion was had in regard to the price of the drink. At this point the roll was called to the motion. 6.d. The City Manager reported that as discussed at the workshop meeting on June 16th, Council is to consider the right-of-way relative to Tower "C", Epic Building. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Scheifley. Said motion passed unanimously. 4.b.1. For the information of the public, Mayor Weekes advised that on the agenda for the County Commission meeting today, they authorized execution of a contract to construct certain improvements at Lake Ida Park. 7.c. The City Manager reported that a request has been received that the final plat approval for Lake Forest Estates (Section One), located on the east side of Barwick Road, between the L-30 Canal and the L-31 Canal be approved. The Planning & Zoning Board has recommended approval by a unanimous vote. The City Attorney asked that Council approve this contingent upon them being able to work out an access problem that may exist in the area for an out parcel that is surrounded by this particular plat. If that cannot be worked out in 30 days, the plat will be brought back before Council for further action. Mr. Bird moved for approval subject to the contingency as explained by the City Attorney, seconded by Mrs. Durante. Said motion passed unanimously. - 10 - 06/23/81 7.d. The City Manager reported that a request has been received that the final plat approval for Lake Forest South, located on the east side of Barwick Road, between Lake Ida Road and the L-31 Canal be ap- proved. The Planning & Zoning Board, at a meeting this morning, recom- mended approval by unanimous vote. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Scheifley. Said motion passed unanimously. Mayor Weekes stated, in regard to these approvals and with the previous action on the part of the Council purchasing the acreage, he found, in his deliberations with Mr. Hoffman and his associates, that it was done in a very good spirit of cooperation by those people and on behalf of the City as well. They accomplished something that they have been attempting to accomplish for a long time; they have a very nice parcel of land for a public park and an acceptable configuration. He commended Mr. Hoffman and his associates for their cooperative spirit in getting this done. 8.a. The City Manager reported that Ordinance No. 33-81 relative to annexing a parcel of land located on the north side of N.E. 8th Street, between N.E. 8th Avenue and N.E. 9th Avenue, subject to GC (General Commercial) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 26th 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. 33-8~: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 1, LESS THE SOUTH 8 FEET, AND ALL OF LOT 2, AND THE WEST HALF OF LOT 10, LESS THE SOUTH 10 FEET, AND THE WEST HALF OF LOT 11, BLOCK 4, SOPHIA FREY SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 4, PAGE 37, SAID LAND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND IS LOCATED ON THE NORTH SIDE OF N.E. 8TH STREET, BETWEEN N.E. 8TH AVENUE AND N.E. 9TH AVENUE, 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. 33-81 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. Mr. Joseph Gwynn requested that City Council annex the alley with his property. The City Attorney advised that Council has already adopted a resolution to the County to request that and Council has indicated that it will be done if the County approves it. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 33-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 11- 06/23/81 8.b. The City Manager reported that Ordinance No. 41-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to violations and penalties. This ordinance was passed on First Reading at the June 9th 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. 41-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER'12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 12-2, "VIOLATIONS; PENAL- TIES", TO ADD A NEW SUBSECTION (c) TO SET FORTH SET FINES - FOR REPEAT VIOLATORS OF SECTION 12-8, "LOCATION, PLACE- ~NT OF CONTAINERS, ACCUMULATIONS", OR OF ARTICLE II, "LITTER"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 41-81 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. 41-81 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.c. The City Manager reported that Ordinance No. 43-81 relative to rezoning and placing land zoned RM-10 (Multiple Family Dwelling) District to SAD (Special Activities) District and conditional use and site and development plan request to allow a shopping center, Pelican Harbor Shoppes, located at the northeast corner of U.S. No. 1 and Tropic Isle Drive, subject to conditions as outlined in the ordinance is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the June 9th meeting. Prior to consider- ation 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. 43-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPE- CIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 1.476 ACRES, LOCATED AT THE NORTHEAST CORNER OF U.S. ~1 AND TROPIC ISLE DRIVE, SAID LAND BEING IN SECTION 32, TOWN- SHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING - "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 43-81 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. 43-81 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 12 - 06/23/81 8.d. The City Manager reported that Ordinance No. 44-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will rezone and place land zoned LI (Light Industrial) Dis- trict to SAD (Special Activities) District, and conditional use and site and development plan request to allow an office development, The Gardens at Centre Delray, located south of Linton Boulevard, between Congress Avenue and the SAL Railroad, subject to conditions as outlined in the ordinance. This ordinance was passed on First Reading at the June 9th 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. 44-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRE- SENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A FIVE (5) ACRE PARCEL OF LAND LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN CONGRESS AVENUE AND THE SAL RAILROAD, SAID LAND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 44-81 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. 44-81 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.e. The City Manager reported that Ordinance No. 45-81, amending Chapter 13 "Health and Sanitation" of the Code of Ordinances relative to vegetation which interferes with traffic safety or with the use of street lights, sidewalks or other public improvements is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the June 9th 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. 45-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 "HEALTH AND SANITA- TION'', ARTICLE II "NUISANCES ON PROPERTY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 13-13 "EXCESSIVE OR OFFENSIVE UNDER- GROWTH, WEEDS, ACCUMULATIONS DECLARED NUISANCE" TO PRO- VIDE THAT ANY VEGETATION WHICH INTERFERES WITH TRAFFIC SAFETY OR WITH THE USE OF STREET LIGHTS, SIDEWALKS OR OTHER PUBLIC IMPROVEMENTS SHALL BE DECLARED A PUBLIC NUISANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 45-81 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 adoption of Ordinance No. 45-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 13 - 06/23/81 8.f. The City Manager reported that Ordinance No. 46-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 26 "Traffic" of the Code of Ordinances relative to changing parking meter fees at Anchor Park and Sandoway Park to 25¢ per hour. This ordinance was passed on First Reading at the June 9th 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. 46-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26 "TRAFFIC" ARTICLE II "STOPPING, STANDING, AND PARKING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 26-67 "PARKING TIME LIMITS", PARAGRAPH (a) TO CHANGE THE COST OF PARKING IN A PARKING METER SPACE AT ANCHOR PARK AND AT SANDOWAY PARK TO TWENTY-FIVE (25) CENTS PER HOUR; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 46-81 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. 46-81 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Bird asked the Administration to find out how they are coming along on the various investigations to provide the citizens' parking. The City Manager replied that they will schedule that for discussion in the near future. Upon question by Mr. Scheifley, the City Attorney replied that the questions they had in regard to existing contracts have already been resolved. At this point the roll was called to the motion. 8.~. The City Manager reported that Ordinance No. 47-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building heights in the RM-10 (Multiple Family Dwelling) District is before Council for consideration on First Reading. This was discussed at the June 16th workshop meeting. The City Manager presented Ordinance No. 47-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 30-7 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", SUBSECTION (I) "BUILDING HEIGHT" TO PROHIBIT THE CON- STRUCTION OF ANY BUILDING TO A HEIGHT EXCEEDING THREE (3) FLOORS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for adoption of Ordinance No. 47-81 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mrs. Durante advised that the Planning & Zoning Board sent this to Council only to clear up a mistake in the way the ordinance appears now. Mr. Bird inquired as to what Mr. Simon's objections are to this. Mr. Doak Campbell replied that Mr. Simon was referring to the new ordinance, No. 48-81. - 14 - 06/23/81 At this point the roll was called to the motion. 8.h. The City Manager reported that Ordinance No. 49-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to parking space sizes in the Central Business District is before Council for considera- tion on First Reading. Council, at the April 21st workshop meeting, decided to downsize the parking spaces in the CBD only. The City Manager presented Ordinance No. 49-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-13 "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (I) "PARKING AND LOADING REGULATIONS," BY ENACTING PARAGRAPH (7) TO STATE AND ILLUSTRATE THE MINI- MUM PARKING BAY DIMENSIONS BY PARKING ANGLE FOR THE CENTRAL BUSINESS DISTRICT; BY ENACTING PARAGRAPH (8) TO STATE AND ILLUSTRATE THE PARKING STALL DIMENSIONS RE- QUIRED IN THE CENTRAL BUSINESS DISTRICT; BY AMENDING SECTION 30-18 "OFFSTREET PARKING REGULATIONS" PARAGRAPH (A) "SCOPE" TO PROVIDE THAT ADDITIONAL PARKING REGULA- TIONS APPEAR IN SECTION 30-13 CBD CENTRAL BUSINESS DIS- TRICT''; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 49-81 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.j. The City Manager reported that Ordinance No. 51-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to resort dwell- ing units is before Council for consideration on First Reading. Coun- cil, at the June 16th workshop meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 51-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMEND- ING SECTION 30-11 GC (GENERAL COMMERCIAL) DISTRICT, SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT, SECTION 30-13 CBD (CENTRAL BUSINESS) DISTRICT, SECTION 30-13.1 LC (LIMITED COMMERCIAL) DISTRICT, SUBSECTIONS (C) "CONDITIONAL USES" TO ADD "RESORT DWELLING UNIT, SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL", AND AMENDING SECTION 30-8 RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, BY REPEALING (1) OF SUBSECTION (Q) "SPECIAL USES" RELAT- ING TO HOTELS AND MOTELS BEING ALLOWED IN THE RM-15 ZONING DISTRICT WHEN APPROVED AS A CONDITIONAL USE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 51-81 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mayor Weekes inquired if they asked that the SAD District be included in this ordinance. The City Attorney replied that anytime they adopt an SAD ordinance they establish the uses at that time for that district. Mayor Weekes stated that he cannot see what they are accomplishing by passing this ordinance; it doesn't seem to have the desired effect of stopping conversion since all of the existing apartments that could be converted are grandfathered in. It seems to him that what they're really doing is - 15 - 06/23/81 creating a multitude of non-conforming uses in existing rental apartment facilities throughout the beach area of the City. Mrs. Elizabeth Matthews asked if the seasonal rental apartments in RM-15 are already non-conforming uses. Mayor Weekes replied that some are and some may not be; but as to density, most of them probably are. At this point the roll was called to the motion. 8.k. The City Manager reported that Ordinance No. 52-81, amending Section 30-18 of Chapter 30 "Zoning" of the Code of Ordinances relative to off street parking regulations is before Council for consideration on First Reading. Council, at the June 16th workshop meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 52-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 30-18 (F)(2) (a) AND (b) "OFF-STREET PARKING REGULATIONS", TO DELETE THE WORDS "PLUS ONE (1) SPACE PER EMPLOYEE"; AMENDING SECTION 30-18 (F)(5)(v) TO INCREASE THE PARKING REQUIREMENTS FROM FIVE (5) TO SEVEN (7) PARKING SPACES PER 1,000 SQUARE FEET OF TOTAL FLOOR AREA FOR MEDICAL OR DENTAL OFFICES AND CLINICS AND DELETING THE WORDS "PLUS ONE (1) PER EMPLOYEE INCLUDING DOCTORS AND NURSES;" AND AMENDING SECTION 30-18(F)(5) TO ADD A PARKING SPACE REQUIREMENT FOR MEETING ROOMS OF THREE- TENTHS (0.3) PER SEAT, AS COMPUTED PURSUANT TO 101 NFPA, 1976 EDITION, CHAPTERS 5 AND 8; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 52-81 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on May 29th, recommended by a vote of 6 to 0 (Campbell abstaining) that the final plat approval for The Gardens at Centre Delray, located south of Linton Boulevard between Congress Avenue and the SAL Railroad be approved, subject to: (a) City Engineer's memorandum of May 22nd. (b) Director of Public Utilities' memorandum of April 17th. (c) Rezoning to SAD, and approval of the condi- tional use and site and development plans. The City Attorney asked Mr. Doak Campbell, representative for the developer, if he agrees with the staff conditions. Mr. Campbell replied, yes. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Bird. Said motion passed unanimously. 10. Mayor Weekes announced that they have gotten a report from Calloway & Price regarding their appraisal of the Hoffman property on the Intracoastal Waterway and Linton Boulevard. In fairness to every- body, they need to take some action with regard to this appraisal. He suggested they bring it to workshop as soon as possible and determine whether or not it is to go to a public referendum. Mayor Weekes added that there is no regular workshop scheduled next Tuesday night, that being the fifth Tuesday of the month, but Council might want to have a workshop some time that week just for the purpose of discussing this - 16 - 06/23/81 item. He added that this is a very important discussion and he thinks that they should have the input of all members of Council. Mr. Scheifley added that he would like to have some figures to study before that meeting. Mayor Weekes asked the members of Council to try and keep next Monday free. Mayor Weekes declared the meeting adjourned at 9:17 P.M. 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 June 23, 1981, which minutes were for- mally approved and adopted by the City Council on ~~ /~//~;// . 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. - 17 - 06/23/81