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08-25-81 117 AUGUST 25, 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, August 25, 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, Leo A. Blair, and Malcolm T. Bird, present. The opening prayer was delivered by Mayor Weekes. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3.a. Mr. Bird moved for approval of the minutes of the regular meeting of August 11, 1981, seconded by Mr. Blair. Said motion passed unanimously. 3.b. Mr. Tony Newbold, Roots Cultural Festival, presented a 1981 award to the City of Delray Beach for unselfish support in the enhance- ment of cultural heritage. 4.a.1. Mr. Bird expressed his concern over the problems of bill- boards. He objects to the railroads making their rights-of-way avail- able for billboard use and suggests that Council look into this further. 4.a.2. Mr. Bird discussed the need for a utility building at Miller Park for the storage of equipment and further discussed the possible sources of funding. Mr. Bird moved to reaffirm Council's previous authorization that this building be built as quickly as possible, seconded by Mr. Blair. Said motion passed unanimously. Before roll call, further discussion was had in regard to funding. The City Manager stated that authorization has already been given and Council can either designate the funding source now or at a later time; possible sources would be the sale of City land or the FP&L franchise. It was the consensus of Council to designate the funding source at a later time. At this point the roll was called to the motion. 4.b.1. Mrs. Durante discussed the selection committee for the City Manager's position. She suggested that they have someone from the Black community serve on that committee; she recommended Mr. Spencer Pompey. Mrs. Durante moved to appoint Mr. Pompey to the citizens selection committee for the City Manager's position, seconded by Mr. Blair. Said motion passed unanimously. 4.c.1. Mr. Scheifley agreed with Mr. Bird's comments about bill- boards and added that he would like for them to try and eliminate the two billboards at the entrance to Miller Park. However, he recommends that they not do anything about billboards until his pending court case is settled. 4.c.2. Mr. Scheifley requested that the Delray Beach Country Club be put on next Tuesday's workshop agenda. 4.c.3. Mr. Scheifley discussed a letter that appeared in yester- day's Monday Paper, written by Joseph O'Connell, Jr. Mr. Scheifley stated that there are many misstatements of fact regarding City Council and the bond issue election in this letter and he cited several of them. He added that these are the views of the gentleman who wrote the letter, not the views of the Monday Paper. 4.d.1. Mayor Weekes stated that he would like to arrange a workshop for tomorrow to discuss the position of the interim City Manager. 118 It was the consensus of Council to hold the meeting tomorrow at 5:00 P.M. 5. There were. no public requests from the floor. 6.a.1. The City Manager reported that the SCRWTD Board adopted the administrative budget for the new year and it needs ratification by the two cities. Mr. Bird moved to ratify the action of the SCRWTD Board, seconded by Mr. Scheifley. Said motion passed unanimously. 6.a.2. The City Manager reported that the SCRWTD Board, on August 20th, authorized the firm of Russell & Axon to proceed with plans and specifications with regard to securing bids on an interim sludge stabi- lization and conditioning facility at the plant. Mr. Bird moved to ratify the action of the SCRWTD Board, seconded by Mr. Blair. Said motion passed unanimously. The City Manager requested that on the preface for item 6.b.2. they add that "adoption of Resolution No. 73-81 is recommended." There are two actions involved; one is approval of the agreement and the other is adoption of the resolution. The City Manager noted that on page 2 of the preface, item 6.b.8., second paragraph, the figure should read "$4,616" instead of $1,616. He also requested that item 6.b.13. be completely removed from the agenda for tonight's meeting; some addi- tional research needs to be done on that item. Mr. Scheifley requested that item 6.b. ll. be pulled from the Consent Agenda for discussion. 6.b. CONSENT AGENDA The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) As discussed at the workshop meeting on August 18th, Council is to consider authorizing the securing of an appraisal of the City-owned property located at the southwest corner of N.W. 8th Avenue and N.W. 2nd Street that would include all of the land, excluding Lots 23 and 24 leased to the American Legion. Approval is recommended. ..!2) It is recommended that Council authorize execution of a traffic signal agreement for signalization between the City and Florida Department of Transportation at the intersection of East Atlantic Avenue (State Road 806) and East 7th Avenue. It is necessary to have an agree- ment between the City and DOT since this is a State road. Resolution No. 113-80 was adopted on November 25, 1980 authorizing execution of the agreement. The City Attorney's office made changes in paragraphs 1 and 8 of the agreement, which DOT says are acceptable. This is the reason the matter is back before Council for approval of the agreement modifi- cation. Adoption of Resolution No. 73-81 is recommended. The caption of Resolution No. 73-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNAL AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DELRAY BEACH. (Copy of Resolution No. 73-81 is on file in the official Resolution Book) (3) It is recommended that Council authorize execution of a traffic control agreement for signalization between the City and Palm Beach County at the intersection of East Atlantic Avenue (State Road 806) and East 7th Avenue. When the traffic signal installation is completed, Palm Beach County will assume responsibility for the main- tenance and operation. - 2 - 08/25/81 119 (.4) A communication has been received from Treasu3~e Coast Regional Planning Council dated August 10th requesting A-95 CLearing- house review and comment relative to FY 1981-82 701 Application Compre- hensive Planning Assistance. This grant is to augment the planning programs of the Council and Area Planning Board for FY 81. Council has been furnished with a copy of a letter dated August 13th from the City Manager to the Treasure Coast Regional Planning Council stating that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication between efforts of the proposed program and those of any related local projects or programs. Approval is recommended. (5) It is recommended that Council authorize execution of a traffic control agreement between the City and Palm Beach County for signalization at the intersection of Lake Ida Road and Barwick Road. The County will install and maintain these traffic control devices. (6) As discussed informally at the workshop meeting on August 18th, Council is to consider an extension on the completion date of the north-south alley between N.E. 3rd Avenue and the FEC Railroad to October 12, 1981. Since Southern Bell has delayed the contractor, thus preventing the work being completed within the approved time frame, the extension is considered to be justifiable. Approval of the extension to October 12th is recommended. (7) It is requested that a 1976 Dodge van seized in a drug arrest in March, 1981 be turned over to the Engineering Department for use by the parking meter employee. The van is valued at approximately $1500. The van is to be used for the parking meter technician to col- lect from the parking meters and carry out repairs as required. When the financial study was made for parking meters, it included the pur- chase of a van along with the hiring of a parking meter technician. The capital outlay for parking facilities in the 1980-81 budget was approved in the amount .of $40,000. Although it does not specifically identify the van, it was included in the submission as a capital outlay request. Approval is recommended. (8) The standard Developers Utility Service Agreement has been received from Mitchell Homes, an Alabama general partnership, for water and sewer service for Federal Plaza Extension-Phase III. A check in the amount of $4,616 has been deposited in the Developers' Fund to cover 4.616 acres at $1,000 per acre. Council previously approved providing water and sewer service for Phase III. It is recommended that Council approve execution of the agreement. This item was deferred at the August llth meeting in order to verify prior Council approval for the providing of the service, which has now been done. (9)~ As discussed at the August 18th workshop meeting, Council is to consider the appointments of Mrs. Dorothy Appel and Mrs. Dora McRae to the Beautification Committee. These appointments will fill two of the four vacancies which exist. Approval is recommended. (10) It is recommended that the minutes of the Beautifica- tion Committee meeting of August 4, 1981 be acknowledged. (12) It is recommended that sanitary sewers and water utilities installed in The Point be accepted as operational by adoption of Resolution No. 71-81. The caption of Resolution No. 71-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN "THE POINT" DEVELOPMENT AS RECORDED IN PLAT BOOK 41, PAGES 61 AND 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: CANAL POINT WAY, CANAL POINT NORTH, CANAL POINT SOUTH, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DI$CIiARG~ m~ D~VE~OPE~ ~.~ .... ~ICT =~RFO~4Ai~CE; ING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR - 3 - 08/25/81 120 (Copy of Resolution No. 71-81 is on file in the official Resolution Book) (14) The Planning & Zoning Board at a meeting held on August 7th, recommended by unanimous vote that the conditional use approval for the Professional Office Building for Dr. Westine, located south of N.E. 8th Street between N. E. 3rd Avenue and the FEC Railroad which expires on September 23, 1981 be extended for one year to September 23, 1982. This was discussed at the workshop meeting on August 18. Approval is recommended. Mr. Bird moved for adoption of the Consent Agenda as amended by the City Manager with the exception of items 6.b.ll and 6.b.13, seconded by Mr. Scheifley. Said motion passed unanimously. REGULAR AGENDA 6.b.ll. The City Manager reported that Resolution No. 70-81 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain property, the owner of which failed to abate such nuisances within the allotted time from date of original nuisance violation notice. Council may request any further desired information in lieu of which, and in compliance with Section 13 of the City's Code of Ordinances, adoption of Resolution No. 70-81 is recom- mended. The caption of Resolution No. 70-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVY- ING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 70-81 is on file in the official Resolution Book) Mr. Scheifley stated that they have been told that these costs are the actual low bid figures for clearing the property. If that assumption is correct, he recommends that $150 be added to the $495 to cover legal, police and clerical costs. The City Manager stated that a suggestion was made at a recent meeting to study thoroughly and analyze the cost to the City for abating these nuisances; that study is ongoing. It seems to him that they could not, in good conscience, step in in the middle of it and arbitrarily pick a figure out of the air and add it to the clearing cost in one instance. Mr. Scheifley then suggested adding $100 rather than $150. Mr. Bird suggested adding on the charge but setting aside the $100 until the study is completed; then if there is an excess, it should be returned to the property owner. Mr. Scheifley concurred with Mr. Bird's suggestion. ~ The City Attorney recommended that the ordinance be amended to specifically provide that they will charge the property owner with the administrative costs as part of the nuisance abatement before City Council takes this action. Mr. Scheifley stated that he feels that they should do this as soon as possible. Mrs. Durante stated that they should be keeping track of how -much legal time they sDend on these nuisances and charge accprdingly. Mr. Scheifley added that there is a tremendous amount of work involved. - 4 - 08/25/81 121 Mr. Scheifley moved for the adoption of Resolution No. 70-81 with the condition that the figure $495 be amended to $5!~5, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - No. Said motion passed with a 4 to 1 vote. Mayor Weekes stated that he does not wish to go against the recommendation of the City Attorney. 6.c. The City Manager reported that as discussed at the workshop meeting on August 18th, Council is to consider authorizing purchase of a meter to be installed in the influent force main to the Regional Plant at an estimated cost of $16,815, with funding to come from the Water and Sewer Contingency Account. Approval is recommended. Mrs. Durante moved to authorize the purchase of a meter for the Utilities Department at an estimated cost of $16,815 with funding to come from the Water and Sewer Contingency Account, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - No; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Bird stated that meters at the Waste- water Plant have been a continuing problem for them. He would rather see them spend $16,000 to resolve that problem than have one more meter that no one is going to believe. At this point the roll was called to the motion. Mayor Weekes left the Council Chambers for the discussion on item 7.a. and Vice-Mayor Scheifley took the chair. 7.a. The City Manager reported that a request has been received that the conditional use and site and development plan for Old Harbour to allow 304 units in four, six-story buildings be approved. This item was considered at the Planning & Zoning Board meeting held on August 25th at 8:30 a.m. Council, at the July 28th meeting, referred this to the Planning & Zoning Board for further study and recommendation. This item was skipped over at the August llth meeting. The City Attorney reported that the plan originally submit- ted by the developer was recommended for denial by the Planning & Zoning Board. The amended plan was submitted to the Planning & Zoning Board today and they decided that they would like to conduct another public hearing on this and he concurs in that opinion. There is a question as to when the public hearing can be held. If the Planning & Zoning Board is willing, there could be a hearing as early as the 9th or 10th of September which recommendation could be acted upon by Council at its September 15th meeting. Upon question by Mrs. Durante, the City Attor- ney replied that when they discussed this before he said specifically that anything other than a minor change would require another public hearing. Mr. Dick Siemens, developer, reviewed the steps they have gone through with the City as regards this project. He presented the amended site plan and explained the changes they have made to it. In his opinion, they acceded to the wishes of the Planning & Zoning Board and made an honest effort to try and produce what they asked and he feels that the modifications to this site plan are very minor. Mr. Doak Campbell, Planning & Zoning Board, stated that the majority of the Board feels that this is an acceptable plan. The Board felt that it would be necessary to have the public make input before a final vote is taken. He thinks that the Board would be willing to hold a special meeting for the public hearing. Mr. Siemens, stated that it would cause a lot of incon- venience for the Planning & Zoning Board to hold a special meeting for the sake of saving one week. If Council decides that it should go to another public hearing then he thinks it should be done on the date when the Planning & Zoning Board meets. He just doesn't agree with the basic principle that this change is a substantial change: he thinks ~ is ~ minor modification. - 5 - 08/25/81 122 Mrs. Durante stated that she feels that Mr. Siemens has been very cooperative and that the Planning & Zoning Board should be asked to have a special meeting as soon as possible and have a public hearing on it; Mr. Scheifley agreed. Mr. Bird noted that Mr. Siemens has already agreed to go to the next regular meeting of the Planning & Zoning Board on September 21st and come before Council on the 22nd. Upon question by Mrs. Durante, the City Attorney stated that in view of the circumstances that involve this particular application, the changes that have been made and what took place at the Planning & Zoning Board level, he feels that the public should be notified again. Mr. Blair stated that he is in favor of the project, but he concurs with the recommendation made by the City Attorney that it should have another public hearing. Mr. Blair moved to table this until they receive a recom- mendation back from the Planning & Zoning Board, seconded by Mr. Bird. Said motion passed unanimously. Upon question by Mrs. Durante, Mr. Campbell stated that the Board did not rule upon whether it was a major or minor site plan modi- fication. Their decision to have a public hearing was based on the Board members changing their votes. They felt that the public had a right to have input, in light of that change in position. The City Attorney stated that if a change is significant enough for the Board to change its position, then it should not be construed to be a minor change. Mr. Bird suggested that perhaps they should establish some absolute ground rules. He thinks there was a misunderstanding as to what constitutes a major modification. He does not find anything objectionable about the plan as presented and he would concur with Mr. Blair & Mr. Scheifley that if it comes back to them he will vote in favor of it. Mayor Weekes returned to the meeting at this time. 8.a. The City Manager reported that Ordinance No. 56-81, amending Chapter 9 "Buildings and~Construction" of the Code of Ordinances rela- tive to adding vehicular signs to the list of prohibited signs is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August llth meeting. Prior to con- sideration 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. 56-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE VIII, "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-209, "CERTAIN SIGNS OR SIGN STRUC- TURES PROHIBITED", BY ADDING "VEHICULAR SIGNS" TO THE LIST OF PROHIBITED SIGNS; AND BY AMENDING SECTION 9-198 TO CLARIFY DEFINITION OF VEHICULAR SIGNS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - (Copy of Ordinance No. 56-81 is on file in the official Ordinance Book) The City Manager read the captiOn of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 56-81 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported that Ordinance No. 57-81 is before Council for~..consideration on Second and FINAL Reading. This ordinance, i~ passed, will am~hd Ordinance No. 65-80 by adding a conditional use to - 6 - 08/25/81 123 Layer's North to allow a maximum of 240 of the 610 approved units may be ~esort dwelling units conditioned upon resort dwelling units being isolated in buildings which contain only resort dwelling units and not regular dwelling units, i.e., a building in its entirety must be com- prised of either resort dwelling units or regular dwelling units. This ordinance was passed on First Reading at the August llth meeting. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 57-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 65-80, SECTION 2 (a) TO ALLOW THAT A MAXIMUM 240 OF THE 610 APPROVED UNITS MAY BE RESORT DWELLING UNITS CONDITIONED UPON RESORT DWELLING UNITS BEING'ISOLATED IN BUILDINGS WHICH CONTAIN ONLY RESORT DWELLING UNITS AND NOT REGULAR DWELLING UNITS, I.E., A BUILDING IN ITS ENTIRETY MUST BE COMPRISED OF EITHER RESORT DWELLING UNITS OR REGULAR DWELLING UNITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 57-81 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 57-81 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Attorney requested that this item be skipped over tonight. 8.d. The City Manager reported that Ordinance No. 42-81, amending Chapter 8 "Boats and Boating" of the Code of Ordinances relative to anchoring and mooring of boats is before Council for consideration on First Reading. This was discussed at the workshop meetings on January 20th and July 7th. The City Manager presented Ordinance No. 42-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8 "BOATS AND BOATING", ARTICLE II "ANCHORING AND MOORING", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8-23 "MOORING TO PUBLIC PROPERTY; WHEN MOORING PERMIT REQUIRED" TO REQUIRE THE PERMISSION OF THE CITY COUNCIL OR THE CITY MANAGER IN ORDER TO TIE OR MOOR ANY BOAT TO ANY CITY PROPERTY; AMENDING SECTION 8-24 "REFUSAL TO REMOVE BOAT ILLEGALLY MOORED TO PUBLIC PROPERTY"; AMENDING SECTION 8-25 "MOORING PERMIT REVOCATION"; AMEND- ING SECTION 8-26 "ANCHORING IN RESTRICTED AREAS; WHEN ANCHORING PERMIT REQUIRED" TO ELIMINATE ITS APPLICABILITY TO BOATS ON THE INTRACOASTAL WATERWAY; AMENDING SECTION 8-28 "DISPLAY OF ANCHORING AND MOORING PERMITS; PERMIT DURATION" TO PROVIDE THAT THE DURATION OF A MOORING PERMIT SHALL BE DETERMINED BY THE CITY COUNCIL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 42-81 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr Scheiflev - Yes? Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 7 - 08/25/81 124 8.e. The City Manager reported that Ordinance No. 59-81 relative to annexing a 1.4-acre parcel of land, located east and west sides of Frederick Boulevard, between Avenue "I" and Avenue "J", subject to RM-10 (Multiple Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family). Council, at the May 26th meeting, re- quested permission from the Palm Beach County Board of Commissioners to rezone the land to be annexed. Second and FINAL Reading and public hearing will be held at the meeting on September 22nd. The City Manager presented Ordinance No. 59-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 23, 24, 25, 26 & 27, BLOCK 28, LOTS 30 THROUGH 39, BLOCK - 34, PLUS THAT PORTION OF FREDERICK BOULEVARD NORTH OF THE SOUTH LOT LINES OF LOT 34 IN BLOCK 34 AND LOT 23 IN BLOCK 28 AND SOUTH OF THE NORTH LOT LINES OF LOT 30 IN BLOCK 34 AND LOT 27, BLOCK 28 AND THE EAST 5 FEET OF ALLEY LYING WEST OF LOTS 23 THROUGH 27, BLOCK 28 AND THE NORTH 25 FEET OF AVENUE J, LYING WEST OF THE EAST LINE OF LOT 35, BLOCK 34 AND EAST OF THE CENTERLINE OF SAID ALLEY, SAID ALLEY LYING WEST OF LOTS 23 THROUGH 27, BLOCK 28, ALL IN DEL RATON PARK SUBDIVISION, ACCORDING TO THE PLAT THERE- OF, AS RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND IS LOCATED ON THE EAST AND WEST SIDES OF FREDERICK BOULE- VARD, BETWEEN AVENUE "I" AND AVENUE "J", 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. Mrs. Durante moved for the adoption of Ordinance No. 59-81 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 60-81 relative to annexing a portion of a 16-foot alley, bounding Lots 1, 2 and west ½ of Lots 10 and 11, Block 4, Sophia Frey Subdivision, is before Council for consideration on First Reading. This property is presently zoned in the City as GC (General Commercial) District. Council, at the May 26th meeting, requested permission from the Palm Beach County Board of Com- missioners to rezone the 16-foot alley. The City Manager presented Ordinance No. 60-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, THE 16 FOOT ALLEY BOUNDING LOTS 1, 2 AND WEST ONE-HALF OF LOTS 10 AND 11, BLOCK 4, SOPHIA FREY SUBDIVISION, AC- CORDING TO THE PLAT THEREOF ON FILE 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 LO- CATED 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 PROVID- ING FOR THE ZONING THEREOF. - 8 - 08/25/81 125 The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 60-81 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as fol- lows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.~. The City Manager reported that Ordinance No. 61-81 relative to annexing a 1.704-acre parcel of land located south of S.E. 10th Street, between S.E. 5th Avenue and S.E. 6th Avenue, is before Council for consideration on First Reading. The Planning & Zoning Board at a meeting held on July 28th, recommended by unanimous vote that the sub- ject property be annexed as SC (Specialized Commercial) District since this request is in conformance with the City's Land Use Plan. Second and FINAL Reading and public hearing will be held at the meeting on September 22nd. The City Manager presented Ordinance No. 61-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED SOUTH OF S.E. 10TH STREET, BETWEEN S.E. 5TH AVENUE (U.S.91) AND S.E. 6TH AVENUE (U.S.91), 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 OBLIGA- TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mrs. Durante moved for adoption of Ordinance No. 61-81 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.h. The City Manager reported that Ordinance No. 62-81, amending Chapter 2 "Administration" of the Code of Ordinances relative to cre- ating a Department of Personnel is before Council for consideration on First Reading. This was discussed at the August 18th workshop meeting. The City Manager presented Ordinance No. 62-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ADDING SECTION 2-26, CREATING A DEPARTMENT OF PERSONNEL, AND SETTING FORTH THE FUNCTIONS OF THAT DEPARTMENT; AND CREATING THE POSITION OF DIRECTOR OF PERSONNEL AND PRE- SCRIBING THE DUTIES TO BE PERFORMED BY SAID DIRECTOR; 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. 62-81 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9. Mayor Weekes stated that under the Consent Agenda, when they approved the minutes of the Beautification Committee, he overlooked the fact that there were two items in those minutes for which they asked Council's attention. The City Manager replied that those items have been referred for investigation and he will give both Council and the Beautification Committee a report on them. - 9 - 08/25/81 126 Mayor Weekes declared the meeting adjourned at 8:30 P.M. 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 August 25, 1981, which~inutes were for- mally approved and adopted by the City Council on ~ /~/ . 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. - 10 - 08/25/81