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10-27-81 183 OCTOBER 27, 1981 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, October 27, 1981, with Mayor Leon M. Weekes, presiding and City Manager Robert H. Fisk, City Attorney Roger Saberson, and Council members Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. Council member James H. Scheifley was absent. i. The opening prayer was delivered by Mayor Weekes. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular m~eting of October 13, 1981, seconded by Mr. Blair. Said motion passed unanimously. 4.a.1. Mr. Blair reported that he has a copy of a letter which was sent to Chief Kilgore from Benjamin Bussin which he would like to read into the record as follows: "Dear Chief Charles Kilgore, I want to take this opportunity to inform you of a wonderful treatment of a case by your officer, Ben Baldwin. I had reason to call the Police Department this past Friday due to a theft of money from my home between the hours of 9:00 AM and 10:30 AM. The police responded to my call Within a very reasonable time. Officer Baldwin was assigned to the case. In my opinion he handled this matter with the greatest of diplomacy and did nothing to antagonize the suspects. He handled the interrogation with a great deal of ability and I feel that only because of his handling this matter was I able to sustain no loss. I am aware of the fact that your department very often is subject to criticism and it is only fair that your department should also be praised for a job well done. The City of Delray can very well be proud of a Police Department that is made up of men with the caliber and ability of Officer Baldwin. Very truly yours, Benjamin Bussin Certified Public Accountant" 4.a.2. Mr. Blair reported that the Clean-up Campaign is still in progress. He advised that he had a minor problem with his telephone lines going on and off and citizens were unable to reach him; hopefully, this problem will be corrected soon. 4.b.1. Mrs. Durante reported that the Town of Palm Beach puts out an annual report and calendar and each page gives information about the various departments and the calendar lists city functions, meetings, recreational activities, election dates, etc.. It also gives a brief summary of the city's budget. She would like to see the City of Delray Beach do something similar. The City Manager of Palm Beach is willing to give them information on how they put it together. Mayor Weekes suggested that the City Manager look into it further. 4.c.1. Mayor Weekes presented and read a proclamation proclaiming Wednesday, November 11, 1981 as "Veterans Day" in Delray Beach. Mr. Bird accepted the proclamation. 4.c.2. Mayor Weekes presented and read a proclamation proclaiming the period of November 3rd through November 8th, 1981 as "Drug Abuse ~v~n~i~ We~k". M~~. C~w~il ~nd Mrs. Siegel came forward to accept the proclamation. 184 ' 4.c.3. Mayor Weekes presented and read a proclamation proclaiming the week of November 7-14, 1~81, as "Clean-up Week". At the suggestion of Mr. Blair the proclamation was given to Sam Portnay to present to the members of the Beautification.~Committee at their next meeting. 5.a. Mr. David Nathanson spoke on behalf of the Coalition for Good Government in Delray Beach, Inc., regarding the investigation of the Public Utilities Department and stated that they heard in today's news that the final report of the Police Department has been submitted to the Interim City Manager. They want to know if this report will be made public, when will the Interim City Manager take action based upon this report and will his actions be made public. Mayor Weekes replied that the police report is public record and whatever action the City Administration takes in regard to this matter is also a matter of public record. In regard to Mr. Nathanson's second question, the City Manager replied that, hopefully, it will be by the end of this week. 6.a.1. The City Manager recommended that Russell & Axon perform the infiltration study at a cost of $40,000. The infiltration, at this time, is costing the City about $50,000 a year at the sewer plant. There are no funds budgeted for this study and he recommends that the funds be borrowed from the land sales fund and the department pay in- terest to that fund for the use of that $40,000. Upon question by Mayor Weekes, the City Manager replied that it would be paid back from the operating budget in the coming year. Mr. Bird moved to accept the recommendation of the City Manager regarding the infiltration study, seconded by Mr. Blair. Said motion passed unanimously. 6.a.2. The City Manager recommended that the use of Audophaus at the Sewer Plant be extended 60 days. Mr. Blair moved to accept the recommendation, seconded by Mrs. Durante. Said motion passed unanimoulsy. 6.a.3. The City Attorney reported that at the last meeting Council discussed the transfer of two police dogs, "Damean" to Officer Pierce and "Lobo" to Officer Williams. After discussing this with the insur- ance consultants they are both of the opinion that the risk to the City would be minimal and they recommend that Council proceed with the auth- orization of transfer. Mr. Bird moved to accept the recommendation, seconded by Mrs. Durante. Said motion passed unanimously. 6.a.4. The City Attorney reported on the agreement with Crosswinds of Delray, Inc., and stated that they have met with Mr. Radice and have agreed on some amendments to the agreement as follows: the road im- provement fee for the agreement will be $200 per multi-family unit and $300 per single family unit; there is also an amendment that would allow that the fee would be a credit towards anything due under the County ordinance; the fee would be paid on a pro rata basis at the time of issuance of permit, except that after the expiration of one year, in the event that the County does advertise for bids, notice would be provided to the Corporation and they would provide the funds for the entire development within seven days. There is no Council action required at this time but he may schedule a special meeting next week for specific authorization. Mr. Bird moved that item 9.b. be moved forward to be the next item of business, seconded by Mr. Blair. Said motion passed unani- mously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on June 15th, recommended by unanimous vote that the Perry rezoning and comprehensive plan amendment to change the Land Use Plan designation for a 20-acre parcel of land from SF (Single Family) to C (Commercial) and rezone from R-1AA (Single Family Dwelling) District tary Trail and Linton Boulevard, be denied for the following reasons: - 2 - 10/27/81 185 (1) The change would be contrary to the existing land use pattern; that being low density residential to high intensity commercial. This commercial will, in itself, adversely influence living conditions in the area. (2) The change would increase traffic and affect public safety by increasing the traffic volume over what it would be under the present zoning of R-1AA. (3) The change would be contrary to the Comprehensive Land Use Plan, and would have an adverse effect on the Plan by allowing commercial uses to encroach into the single family area. (4) There are no substantial reasons why the property can- not be used in accordance with existing zoning. Many Florida communities have single family developments in close proximity to high volume traffic carriers. (5) There are other adequate sites in the City that are properly zoned for such use (i.e., less than two miles to the north is a very large commercial zoned property of approximately 2,900,000 sq. ft.; also, approximately two and one half miles to the east is another piece of property zoned CC which contains 1,212,500 sq. ft. Furthermore, on the southwest corner, there is over 120,000 sq. ft. of commercial floor area under con- struction). In addition, the City has a grand total of approximately 752 acres zoned for commercial use, which constitutes over 10% of the total land area of the City, and as such, the City is meeting its commercial needs. (6) Any change in zoning to commercial will adversely affect the health, safety and welfare of the surround- ing area, and, in turn, the City as a whole. This item was withdrawn from the September 22nd agenda at the applicant's request and was to go back to the Planning & Zoning Board. The applicant has since requested it be rescheduled for Council consideration at tonight's meeting. Mr. Martin Perry explained that they are requesting that the Comprehensive Land Use plan be changed to accommodate a commercial use on the subject property and they are also requesting a rezoning to CC (Community Commercial) District. Mr. Kilday, landscape architect, presented a map and sketch relating to the project. He stated that they have done an overall study of the plan, a copy of which has been given to Council members, and he explained some of the highlights of that study. He discussed the per- centage of commercial use in the City and noted that the County indi- cates that this intersection is one of commercial potential. He stated that a project of this type is essentially called a community center and he explained what constitutes a community center. Further, he described the size and location of the project and discussed the competition in the area. Mr. Daniel Murray, traffic engineer, gave a traffic report. He noted that an important consideration is that the proposed site has adequate frontage to develop a proper access for the ingress and egress of vehicular traffic. He mentioned that certain road improvements have already been mandated, such as the four-laning of Linton Boulevard and the rebuilding of Military Trail; these two improvements will improve the traffic flow and encourage additional traffic to use this highway network. He also noted that the current shoppin~area in this vicinity is all concentrated at the Military Trail/ Atlantic Avenue intersection; this causes congestion and traffic flow problems. - 3 - 10/27/81 186 Mr. Joe Price, real estate appraiser, stated that he made a study of the subject property and there is no question in his mind that the highest return is produced by utilizing this property as commercial. Mr. Howard Milhause~, Capital Management Associates, stated that they designed a questionaire and asked 300 people in the area questions relating to their shopping needs. Along with that a map was shown asking people which, of six sites, they would like to have a shopping center on. The entire survey questionaire was then coded and put through a computer. Basically, the results showed that convenience. is the first consideration in deciding where to shop and the subject corner was ranked first as a viable location for a neighborhood shopping center. Mr. Perry noted that on June 27, 1977, City Council overrode the decision of the City Planning Consultant who, at that time, recom- mended that commercial be considered at this particular corner. They are here to ask Council to reconsider this. He discussed future traffic flow and added that the type of development most amenable to this site is going to be something other than residential. They have leases and indications of interest from several businesses which indicates the need for a shopping center in this location. He thanked the City Council for giving them the opportunity to make their presentation. Mr. Doak Campbell, Planning & Zoning Board, explained that the Board did not agree that additional shopping is required at this particular site; there are adequate shopping areas being developed elsewhere in the City to accommodate the growth needs in that area. They feel that it is important to maintain Linton Boulevard's residen- tial character. Mr. Benjamin Bussin stated that his wife was one of the people who was surveyed. She has written a note which says "when the survey was taken, at no time was it indicated that a shopping center was to be constructed at any one particular point". He questions whether people were aware of the purpose behind the survey. He feels that there is more than sufficient shopping at the intersection of Atlantic Avenue and Military Trail and a shopping center is not needed at the proposed corner. Mr. Blair moved to sustain the recommendation of the Plan- ning and Zoning Board, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call, Mayor Weekes noted that when the planner showed his map of commercial districts, he did not see a district of commercial zoning on Linton Boulevard of approximately 20 acres lying just easterly of 1-95. At this point the roll was called to the motion. Mayor Weekes declared a five minute recess at this time. The meeting reconvened at 8:20 P.M. 6.b. CONSENT AGENDA Mr. Bird moved to pull item 6.b.(7) from the agenda for workshop, seconded by Mrs. Durante. Said motion passed unanimously. The City Manager reported on the following items to be considered by Council as the Consent Agenda: (1) As discussed at the October 20th workshop meeting, Council is to consider the reappointment of Donald R. DeRenzo as a regu- lar member of the Board of Adjustment to a term ending March 15, 1984. Approval is recommended. (2) As discussed at the workshop meeting on October 20th, Council is to consider authorizing the Civil Service election on Novem- ber 17th to replace Carlotta Dodels, who is no longer a City employee. Approval is recommended. - 4 - 10/27/81 187 (3__~) E.W. Siver & Associates, Inc., risk management consult- ants, nas requested an increase in their monthly fee since the City has requested a substantial amount of additional advice and assistance. A copy of their letter dated October 7th has been provided to Council members and it is recommended that Alternate II be accepted and that Council authorize execution of the agreement. (4) As discussed at the October 20th workshop meeting, Council is to consider approving E.W. Siver & Associates, Inc., risk management consultants proposal to rebidding the property/casualty insurance. Their fee for the preparation of specifications, evaluations of proposals and recommendations would be approximately $9,000. Ap- proval is recommended. (5) As discussed at the October 20th workshop meeting, it is recommended" that Council authorize the City Manager to send a letter to MICA relative to a moratorium on studies. (.~) As discussed at the workshop meeting on October 20th, Council is to authorize the administration to seek bids for a one com- pany wrecker service. Approval is recommended. (8) The following bids have been received for the purchase of a Hurst Rescue Tool for the Fire Department: Bidder Quotation W. Q. Dowling Fire Equipment, Inc. $5,600.00 Ocala Fountain Fire & Safety Equipment, Inc. 8,375.00 Tampa It is recommended that the purchase be made from W. Q. Dowling Fire Equipment, Inc., the low bidder, in the amount of $5,600.00. Funds for this project will come from the surplus of non-expended budgeted funds from the 1980-81 Federal Revenue Sharing fund. (9) It is recommended that Council gra~t a 10 foot easement to Florida Power & Light for the new electrical system at the Water Plant on South Swinton Avenue and S.W. 6th Street. (10) It is recommended that Council authorize Change Order No. 2 for Fire Station No. 4 which is under construction. Additional modifications requested by the Fire Department amount to $970. The septic tank and drain field have been deleted since the sewer hookup will be constructed by the Utilities Department and this deletion will amount to $1,895, therefore the Change Order would decrease the contract by $925 for a total of $208,680. (11) The standard Developers' Utility Service Agreement has been received from Dimentional Builders & Associates, Ltd. for water and sewer service for Rainberry Bay (northwest quadrant). A check in the amount of $11,300 has been deposited in the Developers' Fund to cover 113 units at $100 per unit ($62.50 for sewer and $37.50 for water). Council previously approved providing water and sewer service to this development. It is recommended that Council approve execution of the agreement. (12) The standard Developers' Utility Service Agreement has been received from Delray Land Developers, Inc. for water and sewer service for property located north of the entrance to Country Club Acres on Atlantic Avenue, between Barwick Road and Military Trail and south of the L-33 Canal. A check in the amount of $6,682 has been deposited in the Developers' Fund to cover 6.682 acres at $1,000 per acre. Council previously approved providing water and sewer service to this develop- ment. It is recommended that Council approve execution of the agree- ment. (13) It is recommended that the minutes of the Beautifica- tion ~ommxu~ m~eting of October 7, ±~± De acKnowie~ged. - 5 - 10/27/81 188 (14) The City is in receipt of an application from R. C. Boos Construction, Inc. for City wa~er and sewer service to serve 7.3 acres, located 1% blocks north of Linton Boulevard on S.W. 4th Avenue, which is outside the City. The property is presently vacant and the proposed use is for 84 apartments units. It is recommended that Council approve execution of the City's standard water service/annexation agree- ment, which will permit the City to provide the requested water service to the applicant. (15) Resolution No. 86-81 commending the volunteer members of the City's boards and committees is before Council for consideration. Approval is recommended. The caption of Resolution No. 86-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY - BEACH, FLORIDA, COMMENDING ALL VOLUNTEER MEMBERS OF THE CITY'S BOARDS AND COMMITTEES. (Copy of Resolution No. 86-81 is on file in the official Resolution Book) (16) Resolution No. 87-81 expressing the City's support of the improvement of water resource management techniques for the purpose of assuring improved water quality and water quantity in South Florida is before Council for consideration. This was discussed at the October 20th workshop meeting. Approval is recommended. The caption of Resolution No. 87-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXPRESS THE CITY'S SUPPORT OF THE EMPLOYMENT OF WATER RESOURCE MANAGEMENT TECHNIQUES FOR THE PURPOSE OF ASSURING IMPROVED WATER QUALITY AND WATER QUANTITY IN SOUTH FLORIDA. (Copy of Resolution No. 87-81 is on file in the official Resolution Book) (17) The Planning & Zoning Board at a meeting held on October i9th, recommended by unanimous vote that the final plat for Southern Pines (The Environment I), located on the south side of German- town Road, between S.W. 22nd Avenue and Congress Avenue, be approved subject to: (a) City Engineer's memorandum of October 19th. (b) Director of Public Utilities' memorandum of October 12th. (c) That the developer pay to the City, a sum of money to be determined by the proposed "Park and Recreation Land Dedication" Ordinance, when adopted by the City Council. Approval is recommended. Mr. Bird moved for adoption of all the items on the Consent Agenda except for item 7, seconded by Mrs. Durante. Said motion passed unanimously. REGULAR AGENDA -~ ~ 6.c. The City Manager reported that the following bids have been received for construction of the Public Works Complex: Bidder Quotation World Builders $1,308,800 Pompano Beach - 6 - 10/27/81 189 Sessoms-Grice Construction Co., Inc. 1,344,441 Ft. Lauderdale Creswell Construction 1,399,000 Ft. Lauderdale Sandpiper Engineering & Const., Inc. 1,404,000 Boca Raton Twin Construction 1,414,141 Pompano Beach Padula Construction 1,470,000 Ft. Lauderdale Robert Ackerman Construction 1,609,675 Lake Worth Mr. Roy Simon, architect, reported that three of the bidders did not list the number of days for completion and two did not include the listing of subcontractors. They have subsequently received from the low bidder the number of days for completion and his list of subcon- tractors. He is satisfied with the bidding. As far as the buildings are concerned there may be some areas for reduction if required. It is suggested that Council make a selection. Council may select the low bidder and overlook the irregularity of the number of days not entered with the bid or Council may reject it and move on to one that met the requirement. Mr. Bird suggested deferring this decision until Council decides whether or not they are going to accept contractual trash ar- rangements and asked if they would jeopardize themselves by delaying this decision. Mr. Simon replied that the bids are good for 30 days; if Council delays beyond thirty days, it's possible they may have to go for rebidding. Council members concurred in that there has not been a big increase in construction lately. Mr. Simon added that it is possible that the bidders may hold the bids for longer than 30 days if it appears the City will award the contract in 45 or 60 days. The City Manager noted that the bids for garbage and trash will come in on the same day that the 30 days run out. Mr. Bird sug- gested modifying the contract. Mr. Simon advised that if Council awards the contract tonight and in 30 days decides not to build the sanitation building, that could be handled in the form of a change order. Mr. Bird moved to refer this issue to the first workshop meeting in November and to have Mr. Simon ask the contractors if they will extend the 30 days, seconded by Mr. Blair. Said motion passed unanimous ly. Before roll call, Mayor Weekes stated that construction prices are stable and he does not think that the City will be hurt by deferring this; if they have to rebid in 30 or 45 days, they might get even lower bids. At this point the roll was called to the motion. 8.a. The City Manager reported that Ordinance No. 72-81, amending Chapter 9 "Buildings and Construction of the Code of Ordinances relative to signs and billboards is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 13th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 72-81: I 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 ~v~-~ OKD-iNANCES OF THE C~'~Y' ~' u~.'~.~A~ B~'.ACH, FLORIDA, - 7 - 10/27/81 190 BY AMENDING SECTION 9-212, "SPECIAL SIGNS" SUBSECTION (D) "DIRECTIONAL SIGNS" (7) TO ELIMINATE THE APPROVAL REQUIREMENT BY THE PLANNING AND ZONING BOARD AND SUBSTI- TUTE THE BUILDING DEPARTMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 72-81 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. 72-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.b. The City Manager reported that Ordinance No. 73-81, amending Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to permitting the City Manager one-time, limited duration special vari- ances is before Council for consideration on First Reading. This was discussed at the workshop meeting on October 20th. The City Manager presented Ordinance No. 73-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCEL- ANEOUS", ARTICLE II, "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 16-35 (d) "NOISES PROHIBITED", BY ADDING A NEW SUBSECTION (6) PERMITTING THE CITY MANAGER ONE- TIME, LIMITED DURATION SPECIAL VARIANCES UNDER CERTAIN CIRCUMSTANCES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 73-81 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mr. Ken Ellingsworth asked when Second Reading will be held and when the ordinance will take effect. The City Attorney replied that Second Reading will be November 10th and the ordinance will take effect ten days later. Mr. Bird moved to amend Ordinance No. 73-81 to be effective immediately upon Second Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - 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. 74-81, amending O~dinance No. 44-81 to delete the requirement that five parking spaces be eliminated at the northwest corner of the five acre parcel of land located south of Linton Boulevard between Congress Avenue and the SAL Railroad is before Council for consideration on First Reading. The City Manager presented Ordinance No. 74-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 44-81, SECTION 2 TO DELETE THE REQUIREMENT THAT FIVE (5) PARKING SPACES BE ELIMINATED AT THE NORTHWEST CORNER OF THE FIVE (5) ACRE PARCEL OF LAND LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN CONGRESS AVENUE AND THE SAL RAILROAD WHICH PROPERTY IS THE SUBJECT OF ORDINANCE NO. 44-81; PROVIDING A SAVING CLAUSE; P~Og±uiNG ~ ~F~C'I'~%E DA'£~. ' - 8 - 10/27/81 191 The Cit,' Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 74-81 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mr. Blair left the Council Chambers for the duration of the discussion on item 8.d. 8.d. The City Manager reported that Ordinance No. 75-81 relative to rezoning and placing land zoned AG (Agricultural) District to SAD (Special Activities) District is before Council for consideration on First Reading. Public Hearing will be held and consideration given to passage on Second and FINAL Reading at the November 10th meeting. The City Manager presented Ordinance No. 75-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRE- SENTLY ZONED AG (AGRICULTURAL) DISTRICT UNDER COUNTY ZONING REGULATIONS, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES) DISTRICT TO SHOW AN OFFICE DEVELOPMENT, BEING APPROXIMATELY 6.14 ACRES, LOCATED AT THE SOUTHWEST CORNER OF CONGRESS AVENUE AND GERMANTOWN ROAD IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 75-81 on First Reading, seconded by Mr. Bird. The City Attorney pointed out a typographical error in Section 2(a) of the ordinance; the "s" in the word "conditionals" should be removed so it will read "conditional uses". Mrs. Durante moved for the passage of Ordinance No. 75-81 on First Reading as amended, seconded by Mr. Bird. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. Mr. Blair returned to the Council Chambers at this time. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on October 19th, recommended by unanimous vote that the final plat for Homewood Lakes (Section C), located on the south side of Atlantic Avenue, between Homewood Boulevard and the E-4 Canal be approved, subject to: (1) City Engineer's memorandum of October 19th. (2) Director of Public Utilities' memorandum of July 8th. (3) That the developer pay to the City, a sum of money to be determined by the proposed "Park and Recreation Land Dedication" Ordinance, when adopted by the City Council. Mrs. Durante moved to sustain the recommendation of the Planning and Zoning Board. Mayor Weekes reported that Mr. Miller has asked that they take into account that during the time they were negotiating their trade of real property so that they might realign Homewood Boulevard, thereby delaying Mr. Miller's filing for his final plat, Council did, in fact, adopt a policy statement that they would extract a recreational fee from developers. Mr. Bird suggested that they exempt Mr. Miller's project. - 9 - 10/27/81 192 ? Mrs. Durante amended her motion so as to exempt Mr. Miller from the recreation impact fee and to otherwise sustain the recommenda- tion of the Planning & Zoning Board, seconded by Mr. Blair. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:40 P.M. ATTEST: ~ City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of October 27, 1981, which minutes were formally approved and adopted by the City Council on ~_~', /~t/F~/ . t~ 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. - 10 - 10/27/81