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01-14-80 JANUARY 14, 1980 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., Monday, January 14, 1980, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Reverend M.M. Gaines, S--~. John's Primitive 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 regular meeting of December 10, 1979, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mayor Weekes presented a proclamation declaring January 21st through January 26, 1980 as "Safety Week". 4.a.2. Mayor Weekes reported that today Aqua Crest Pool at the Atlantic High School site was dedicated. It was the culmination of many years of work by a lot of interested citizens and a cooperative effort by various levels of government including the municipalities of Delray Beach, Boynton Beach, the Palm Beach County School Board and the Palm Beach County Commission. It is the most magnificent facility of its kind that he has ever seen; the pool holds 570,000 gallons of water. 5. Reverend Semmie Taylor stated that he has been traveling and his reason for appearing before Council at this time is that in his travels, especially in the Virgin Islands, he found people are being very much infiltrated with communism concepts. He feels that they can, in many ways, do something to bridge a gap between this farce that has been created in the minds of many minorities all over the world. Reverend Taylor stated futher that tomorrow is Dr. Martin Luther King's birthday. Every year recognition of his birthday is in- creasing. At this time they would like to request the City, which has a beautiful relationship with the minorities here, to consider a workshop and a feasibility study of the possibility of this City recognizing Martin Luther King's birthday as a holiday. 6.a.1. The City Manager reported that a resolution was passed by the SCRWTD Board at a recent meeting authorizing the conversion of existing construction funds to operating capital. It is before Council for ratification consideration; it is Resolution No. 1-80. Mr. Bird moved to ratify Resolution No. 1-80 of the SCRTWD Board, seconded by Mr. Young. Said motion passed unanimously. 6.a.2. The City Manager submitted to council a copy of the traffic study report of the Bridge Restaurant and the vicinity. This study was requested by Council in December. 6.a.3. The City Manager reported that copies of the $1,390,000 General Obligation Bond Issue resolution were received today. The City Attorney reported that this is the resolution authorizing the General Obligation Bonds and he asked Council to pass a motion adopting this resolution, Resolution No. 7-80. The City Manager presented Resolution No. 7-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,390,000 GENERAL OBLIGATION BONDS OF THE CITY OF DELRAY BEACH, FLORIDA, TO FINANCE THE COST OF THE CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS IN THE CITY OF DELRAY BEACH, FLORIDA; FIXING THE FORM AND OTHER DETAILS OF SAID BONDS AND PROVIDING FOR THE PAYMENT OF PRINCIPAL AND IN- TEREST THEREOF. (Copy of Resolution No. 7-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 7-80, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; MrS. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.a.4. The City Manager reported that late last week he received a letter from the Overland Construction Company regarding the addition of another story to the Executive Mall office building. The reason for the letter is that they need to use a portion of the City's parking lot, which is adjacent to the Executive Mall, to locate a crane on for the period from January 16 through January 25th. It is recommended that Council authorize the City Attorney's office and the Administration to draft an Agreement for execution by the City and contractor and/or owner of the Executive Mall giving permission for use of a portion of the City's parking lot. Mayor Weekes informed Council that he has had some discus- sion about this with the owner and the Administration and there is no way that they can construct without utilizing part of the parking lot for that crane. Mr. Young moved to give them permission to use a portion of the City's Parking lot for storage of their crane in accordance with the Administration and City Attorney's agreement, seconded by Mr. Bird. Said motion passed unanimously. 6.a.5. The City Manager reported that this item concerns City-owned property on the beach known as the Lohrman property that has been dis- cussed from time to time for posSible use as a branch post office. Mr. Young asked that it be brought up tonight for Council consideration. Mr. Young stated that this matter was brought before the Council some time ago and there was one problem in that the residents of Jardin Del Mar were against the proposal of establishing a branch post office on that property. It was the request of Council at that time that the Beach Property Owners Association meet with the owners of Jardin Del Mar in order to clear up the matter and get their approval of it. This has been done. The reason he asked that this be brought up tonight is that originally they had an informal approval of renting that land to the Post Office Department for one dollar ($1) a year and he would like to see that made into an official action. The City Attorney informed Council that before the property is used for a post office, there is going to be some amendment necessary in the Zoning Code to permit it. Mr. Young stated that the time frame is rather short. The Beach Property Owners have done a considerable amount of work in con- tacting the Post Office Department, locally as well as in Palm Beach and Jacksonville in order to get their concurrence with the plans that they had for establishing a branch Post Office east of the Intra¢oastal. Now, they have asked that the City give them a letter stating that the Council is in accord with the approval of renting the land for one dolla~ a year. Mrs. Durante suggested sending it to the Planning & Zoning Board to consider the zoning and then getting the City Attorney to work on the lease. Mr. Bird suggested authorizing the City Attorney to contact the Post Office giving them the consensus that Council is in agreement to execute a lease and let the City Attorney work out the details. Mrs. Betty Matthews stated that this has already been before the Planning and Zoning Board and the decision of the Board was that there was no need for any rezoning since it is public property and the City Council could designate any use~for it. - 2 - 1/14/80 The City Attorney replied that it used to be the law that public uses were exempt; that is no longer true since the Comprehensive Planning Act was adopted. So, the zoning of that land must be consis- tent with the City's Comprehensive Plan and zoning regulations. Mr. Bird moved that the City Attorney be instructed to con- tact the appropriate authorities at the Post Office and express to them the consensus of this Council that they are agreeable to such an act and to work out the details of the lease and bring it back to Council for final consideration and that the Administration be instructed to submit this matter to the Planning and Zoning Board for their consideration, seconded by Mrs. Durante. Said motion passed unanimously. 6.a.6. The City Manager reported that this item is the acceptance of $166,500 from the DER in Tallahassee in connection with the beach program, the sand search, the vegetation and the reef monitoring. It is requested that Council consider passing a motion at this time author- izing the City to enter into the appropriate agreement with DER. Copies of the agreement have been reviewed by the City Attorney's office. Mrs. Durante moved for execution of the agreement between the City and DER, seconded by Mr. Scheifley. Said motion passed unani- mously. 6.a.7. The City Manager reported that Ordinance No. 80-79 is before Council for'consideration on Second and FINAL Reading. This ordinance, if passed, will annex the Duvall/Chua property into the City. This is the property that has provided an easement in which to locate drainage facilities to serve High Point and the vicinity. The City Manager presented Ordinance No. 80-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH PARCELS OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST AND SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 80-79 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 the adoption of Ordinance No. 80-79 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Scheifley stated that when this originally came up, he voted against it because there was a zoning problem involved. There was no question in his mind that there was an urgent need for this at High Point because of the severe damage they've suffered due to flooding. In his original votes protesting the way in which it was done, he thought it could be done in other manners; however, being in complete concert with the purpose of this, to demonstrate his cooperation in this endeavor, he will vote in favor of it. Mrs. Durante added that both she and Mr. Scheifley made it very clear as to why they voted against this; it's the rezoning issue that bothers her; however, in order to make it unanimous, she plans to support it tonight. - 3 - 1/14/80 At this point the roll was called to the motion. The City Manager stated that that is all he has at this time but there is an item they may need to come back to later. 6.b. The City Manager reported that as discussed at workshop on several occasions, it is recommended that Council set 600 as the maximum number of memberships at the Delray Beach Country Club. Mr. Bird moved that they set the maximum number at 600 for memberships at the Delray Beach Country Club, seconded by Mr. Young. Said motion passed unanimously. 6.a.6. The City Manager asked Council to go back to the DER ques- tion. The City Attorney suggested that the Administration may want to request and the Council may want to acquiesce to authorize the Admini- stration to seek the services of an engineer pursuant to the Competitive Negotiations Act to do the work required under the DER contract. Mr. Bird moved that they proceed through the Competitive Negotiations Act and employ an engineer, seconded by Mrs. Durante. Said motion passed unanimously. 6.c. The City Manager reported that as discussed at workshop on January 7th, it is recommended that policy be established to not renew Non-Resident memberships at the Delray Beach Country Club when residents are on a waiting list to become members, it being understood that Non- Resident members at the time of City purchase of the club who were "grandfathered" in by their purchase of memberships in April, 1979 may renew their memberships. The City Manager added that there are two alternatives available at this time and either one would be satisfactory. He sug- gested that they either table this for the time being and bring it back to Council in time to have it considered within the time it has to be or, if Council wants to act on it tonight, he would suggest leaving off the second part of the recommendation and deciding that question at a later date. Mr. Scheifley stated that the Administration's second sug- gestion would be the wise one to take. He believes it's all agreed that those Non-Residents who joined the Country Club after July 1st will be phased out. The only question which may be debatable would be those who were "grandfathered" in April, about 9 or 10; they were the people who belonged to the Club when the City bought it on February 1st and some of them are long time members so they allowed those 9 or 10 to come in. He suggests leaving that question open and passing a motion phasing out all the Non-Residents who joined after July 1st. He favors tabling con- sideration of the 9 or 10 who joined in April because as of 5:00 P.M. today, there were 62 people on the waiting list wanting to join the Delray Beach Country Club and also, they have until April 1st to decide this question. Mr. Scheifley moved that the Non-Resident memberships at the Delray Beach Country Club for those members who joined after July 1, .1979, not be renewed, seconded by Mr. Young. Mr. Bird stated that he would like to see the motion amended to state "not be renewed providing there is a resident seeking to join". Mr. Scheifley accepted the amendment to his motion, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Scheifley moved to table the question of those who joined in April for consideration by Council some time prior to April 1st, seconded by Mr. Young. Said motion passed unanimously. - 4 - 1/14/80 6.d. The City Manager reported that as discussed at the January 7th workshop meeting, it is recommended that a licensed Resort Facility membership classification be established at $400 per annum which will permit the facility guests to play at the residential greens fees rate, with the resort facility being billed for same. Mr. Young moved that they go along as discussed at the January 7th workshop meeting to recommend that a licensed Resort Faci- lity membership classification be established at $400 per annum which will permit the facility guests to play at the residential greens fees rate, with the resort facility being billed for same, seconded by Mr. Bird. Mr. Bird asked if $400 would permit a resort facility the size of the Spanish River Inn to allow all of their guests the privilege of playing at resident's rates. He submitted that if there is not a limit on this, he would like to see a limit. To grant a unit of that size unlimited play for all of their members for a cost of $400 is in- equitable. The City Manager added that the four playing card limitation applied only to option #1 which was not decided upon by Council; it does not apply to option #2. Mr. Scheifley asked Mr. Bird what he thinks would be a reasonable number? Mr. Bird replied $400 for four; that's not for one foursome because those cards could be used twice in one day and that's for a year. Mr. Ken Ellingsworth stated that in their discussion, it seems to him that this four might have applied to both cases. Mr. Fonseca stated that that is correct. Mr. Young amended his motion to add four passes a day, seconded by Mr. Bird. Mr. Bird asked if they should allow large developments to buy multiple cards. Council agreed to that and Mr. Bird suggested they amend the motion again to indicate that there are multiples available. Mr. Ellingsworth stated that they might want to put a limit on that too. Mr. Young amended his motion to add that there are multiples available with a limit of two, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.e. The City Manager reported that the County tentatively plans to include the following projects in the Delray Beach area in a pro- jected general obligation bond issue: 1. Congress Avenue - Construct 4 lanes from Yamato Road to Lantana Road. 2. Military Trail - Construct 4 lanes from Linton Boulevard to Lake Ida Road. The administration recommends seeking the addition of the following pro- jects, listed in priority order: 3. Lake Ida Road - Construct 4 lanes from Federal Highway to Military Trail. 4. Linton Boulevard - Construct 4 lanes from Congress Avenue to Mili- tary Trail. - 5 - 1114180 Mrs. Alice Finst expressed her opposition at the January 7th workshop meeting to 4-1aning Lake Ida Road past Chatelaine, where she lives, because of the noise the traffic would generate, but seemed to be agree- able to having it 4-1aned between Federal Highway and Congress Avenue. People also live in the vicinity of this portion of Lake Ida Road. A gentleman at the meeting, who said he also lived in Chatelaine, indi- cated he would rather have Linton 4-1aned than Lake Ida Road. The City Manager stated further that there are several different kinds of committees working on this. He had a call from John Grant whose engineering office is located in Boca Raton. Mr. Grant advised him that he had been designated as Chairman of the Technical Committee and he is expecting a call tomorrow morning informing him what the Council does tonight. He (City Manager) informed Mr. Grant that Council had discussed it at workshop and that it would be on the agenda for Council to consider formal action at tonight's meeting. The County Commission plans to take some action with regard to the bond issue pro- jects tomorrow. Mr. Bird stated that he would concur with the Administration with regard to the need for the two areas which are reflected, but he thinks that to consider Lake Ida Road as being a higher priority than Linton Boulevard would be to ignore the bridge which would be on the east end of Linton Boulevard. As a traffic generator, Linton Boulevard, in his opinion, is going to become a far more heavily traveled road than Lake Ida Road. The majority of traffic traveling Lake Ida Road seems to turn on Congress Avenue. Mayor Weekes asked Mr. Bird if he is suggesting that they add both of them but put Linton Boulevard as a priority? Mr. Bird replied, yes, but he is not sure that he agrees with the entire length of Lake Ida Road. Mr. Scheifley stated that regardless of how they turn them in, he thinks that the rationale that Mr. Bird presented was so con- vincing and logical that the Committee, the County, the State and every- body will do Linton Boulevard before they do Lake Ida Road because of the investment they have in the bridge, because of 1-95 and because it's a major traffic artery. He agrees with Mr. Bird that they should do Linton Boulevard before Lake Ida Road. Mrs. Durante stated that she agrees that Linton Boulevard, with the opening of the bridge, would have more traffic generated on it than Lake Ida Road. Regardless of whether or not they want Lake Ida Road to be a major road, it already is. If they're talking about put- ting things in order, she thinks that Linton Boulevard would naturally be considered before Lake Ida Road. Mrs. Durante added that with Congress Avenue going from Yamato Road to Lantana Road, all of Delray Beach is covered. In working on the Area Planning Board and the MPO, they always talk in terms of roads in and out of city lines. She would like to add to Military Trail from the Boca/Delray line to the Boynton/Delray line rather than stop- ping at Linton Boulevard and having a traffic congestion there. Mayor Weekes stated that he has to agree with everything that Mrs. Durante said as to Military Trail and as to Lake Ida Road. Whether they like it or not, Lake Ida Road is terribly congested and there is presently a shopping center being constructed at the corner of Lake Ida Road and Congress Avenue and another one underway. While it is true that today it is a residential street, it will generate commercial traffic going in and out of the shopping centers in the future. In response to a question from the audience regarding Lake Ida Road, Mayor Weekes stated that they have to get it into this bond issue or they may not get another opportunity in the next 10 or 15 years to do anything with it. It'll probably be six or seven years down the road before this is completed. - 6 - 1/14/80 Mrs. Alice Finst asked if just because they are 4-1aning that road, does it have to be a major artery or can it be a 30 mile zone, no trucks, residential? Mayor Weekes replied that it is a good question but he doesn't know the answer to it. By the time that road is 4-1aned, she won't have to worry about concrete trucks going down there because the construction will all be over. They're talking about maybe eight years before this is done; in the order of priorities, this is going to be a very low priority. Mr. Scheifley moved that Council concur with the Admini- stration's recommendation to seek the addition of the two projects requested for the $250,000,000 bond issue, Lake Ida Road - construct 4 lanes from Federal Highway to Military Trail and Linton Boulevard - construct 4 lanes from Congress Avenue to Military Trail, seconded by Mr. Young. Mrs. Durante asked that they add an amendment to extend the 4-1aning of Military Trail to the Boca line and the Boynton line. Mr. Scheifley amended his motion to add that the 4-1aning of Military Trail extend from the Boca/Delray city line to the Boynton/ Delray city line, seconded by Mr. Young. Mr. Bird stated that he would like to see the motion further amended to give priority to Linton Boulevard over Lake Ida Road. Mr. Scheifley further amended his motion to give Linton Boulevard first priority in the addition and Lake Ida Road second, seconded by Mr. Young. Said amended motion passed unanimously. 6.f. The City Manager reported that it is recommended that Council authorize the execution of a 10-foot easement deed at S.W. 10th Street and S.W. 10th Avenue on City owned property. The 10-foot by 20-foot parcel would be used by Southern Bell to place a telephone terminal box. Mr. Bird moved to authorize the execution of a 10-foot easement deed at S.W. 10th Street and S.W. 10th Avenue on City owned property, a parcel to be used by Southern Bell to place a telephone terminal, seconded by Mrs. Durante. Said motion passed unanimously. 6.g. The City Manager reported that it is recommended that Coun- cil authorize the execution of a 12-foot easement deed at Lake Ida Road and N.W. 4th Avenue on City owned property. Due to the anticipated growth from the Isle of Delray Subdivision, Southern Bell expects to reenforce and/or replace a cable buried under and through this area. This easement will also allow other utility companies to use this ease- ment for communication or electrical transmission lines. Mr. Bird moved that Council authorize the execution of a 12-foot easement deed at Lake Ida Road and N.W. 4th Avenue on City owned property for the use of Southern Bell, seconded by Mrs. Durante. Said motion passed unanimously. 6.h. The City Manager reported that it is recommended that Coun- cil authorize the execution of a 10-foot electrical easement deed to Florida Power & Light to provide electricity to energize lighting for regulation Little League ball field in Miller Park. This 10-foot ease- ment in no way affects any other phase of Miller Park, and will also provide any other electricity needed to complete the remainder of the lighting system. Mrs. Durante moved for the execution of the 10-foot elec- trical easement deed to Florida Power & Light to provide electricity to energize lighting for Miller Park Little League ball field, seconded by Mr. Young. Said motion passed unanimously. 6.i. The City Manager reported that it is recommended that Coun- cil approve execution of the 5th Year Community Development Program Sidewalk Project between the City and Palm Beach County pursuant to the November 28, 1979 letter regarding same from the County Community De- velopment Agency. - 7 - 1/14/80 Mrs. Durante moved for the execution of the 5th Year Com- munity Development Program Sidewalk Project between the City of Delray Beach and Palm Beach County, seconded by Mr. Bird. Said motion passed unanimously. 6.j. The City Manager reported that as discussed at the workshop meeting on January 7th, Council is to consider a proposal for the City and Palm Beach County to participate in a corridor study for Davis Road which will involve aerial photographs, with the engineering to be ac- complished by the City and the County. Estimated cost for the aerial photographs is $4,000, to be shared equally by the City and the County, since Davis Road is in both the City and the County. Mr. Bird moved that the City enter into a joint effort with Palm Beach County for a corridor study for Davis Road which would in- volve aerial photographs and engineering at an estimated cost of $4,000, seconded by Mrs. Durante. Said motion passed unanimously. 6.k. The City Manager reported that if Council is ready to do so, consideration may be given to the appointments of two alternate members to the Financial Advisory Board to two-year terms expiring April 12, 1982. Messrs. Alvin Doherty and William Bathurst have resigned as alternate members of the Board. Three names have been mentioned from time to time; Ron Sanson, Charles Soelch and Nelson Reeves. Mr. Bird asked if any of them are currently serving on any other Board. The City Manager replied that Mr. Sanson is the only one who is. Mr. Young stated that both of the men that he has recom- mended have had a tremendous amount of budgetary experience and one of them, although retired, still retains that capacity. The other one, Mr. Nelson Reeves, is presently Vice-President Comptroller in charge of finance for the First Federal Savings & Loan of Delray Beach. He per- sonally feels, knowing both of these gentlemen, that they are both qualified and would like to see them appointed by Council to the Financial Advisory Board. Mr. Young moved that Nelson Reeves and Charles Soelch be appointed as alternate members of the Financial Advisory Board, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mrs. Durante stated that Mr. Sanson has expressed an interest in serving on that Board and the creation of this Board was Mr. Sanson's idea. She would like to see him get the honor of serving on the Board. The City Manager stated that he is already on a Board, the Beautification Com- mittee. Mr. Bird stated that they have generally said one Board to a person. Mr. Young stated that he spoke to Mr. Sanson on Thursday and Mr. Sanson expressed a preference to be appointed to the Code Enforce- ment Board if the opening was available. Mr. Scheifley stated that he will be compelled to vote against the motion unless Council votes for each man separately. Mrs. Durante stated that based on the fact that Mr. Young said that Mr. Sanson is interested in another Board, she will vote in favor of the motion but otherwise she would support Mr. Sanson for this Board. Mayor Weekes stated that on the same rationale as Mrs. Durante just expressed with regard to Mr. Sanson, he will vote in favor of the motion. At this point the roll was called to the motion. 6.1. The City Manager reported that Council may consider making appointments to the Code Enforcement Board if the names of candidates satisfactory to Council are presented. The law calls for the appoint- ment of five persons to serve as members; a business person, an archi- tect, an engineer, a general contractor and a realtor. They were able to get three of those slots filled tentatively on paper: the realtor - Bill Plum is agreeable to serving if appointed; the general contraCtor - Armand Mouw is willing to serve if appointed and he is a member of another Board now so he would resign from that Board; the engineer - Oral C. Craft is agreeable to serving if appointed. Those three all qualify under the terms of the ordinance. - 8 - 1/14/80 The City Manager stated further that now they come to the architect and the business person. The architect slot is a most diffi- cult one in obtaining a local architect who is willing to serve and is not already serving on a City Board. Ken Jacobsen is the only architect that the Building Inspection Department has been able to contact; he said he would be willing to serve but they don't know how long he would be willing to serve before he would want to be relieved. Now they come to the business person and the name that was submitted to him for con- sideration is Nancy Murphy; she owns Ernie's on the beach. She and her husband, Frank, who died a short time ago, were in the building con- struction business for 25 to 30 years and she as well as Frank was active in that business. She is qualifed to be the business person. Mr. Bird stated that he would like to suggest a couple of other names of people who have agreed to serve if appointed; the first is Norma Simon who is senior officer of the First Federal and who would also be another consideration as a female member of the Board. He would like to also request that they poll their retired community for some of the other professional memberships; it's an unreasonable burden to put on their few professionals in the architect field, for example, that almost every one of them has to serve on a Board in the City because there just aren't enough of them to go around. He concurs that Mr. Sanson, if he is available, would also make a superb possible candidate; he has certainly demonstrated his ability to work hard and his knowledge of the Code. Mrs. Durante asked if they could have the City Attorney seek some relief for the City of Delray Beach for the architect on that Board. They are draining their architects'on the Community Appearance Board. If they could seek some relief by putting a business person or a layperson in that spot, that would really help them a lot. Mr. Scheifley agreed with Mrs. Durante and stated that in looking at this Board, they have a lot of capable, knowledgeable, good businessmen among whom frequently the idea of aesthetics is lacking. Therefore, why couldn't they interpret this architect to be a landscape architect so that they get some aesthetics in this regard. The City Manager replied that when it says architect, you cannot interpret it as landscape architect. Mr. Young concurred with Mr. Bird's recommendation that Ms. Simon and Mr. Sanson be considered for the business person slot on this Board; he would prefer Mr. Sanson because of his experience and his evi- dent willingness to work. The City Attorney informed Council that the ordinance pro- vides that one member should be appointed for one year, two for two years, and two for three years, so when Council makes the appointments, they should so designate. Mrs. Elfreida Forbell noted that all of the people that Council is considering are men; she would like to see a woman on that Board. Mayor Weekes replied that the names of two very qualified females were suggested and for some reason the Council seems to favor Mr. Sanson over either one of those two ladies. Mrs. Durante added that both of those two ladies would come under the business category and so would Mr. Sanson. Mr. Bird moved to appoint Mr. Sanson, businessman, for the one-year term; Mr. Mouw, contractor, and Mr. Plum, Realtor, for the two-year terms; and Mr. Craft, engineer, and whatever architect they find for the three-year terms to the Code Enforcement Board, seconded by Mr. Young. Said motion passed unanimously. 6.m. The City Manager reported that it is recommended that Council approve the execution of a Developers Utility Service Agreement with Delray West Associates for the providing of water and sewer service to the area located at the southeast quadrant at the intersection of Military Trail and Delray West Road, located outside the City. A check in the amount of $9,000 has been deposited in the Development Fund to cover 9 acres at $1,000 per acre ($625 per acre for sewer and $375 per acre for water). Council approved providing water service to this property at the September 10, 1979 meeting. - 9 - 1/14/80 Mr. Bird moved for the execution of the Developers Utility Service Agreement with Delray West Associates, seconded by Mr. Young. Said motion passed unanimously. 6.n. The City Manager reported that it is recommended that Coun- cil approve the execution of a Developers Utility Service Agreement with Dadme Development Corporation for the providing of water and sewer ser- vice to the area described as Pines Plaza, located at the southwest corner of Military Trail and Delray West Road, located outside the City. A check in the amount of $9,185 has been deposited in the Development Fund to cover 9.185 acres at $1,000 per acre ($625 per acre for sewer and $375 per acre for water). Council approved providing water service to this property at the August 13, 1979 meeting. Mr. Bird moved for the approval of the execution of the Developers Utility Service Agreement with Dadme Development Corporation, Pines Plaza, seconded by Mr. Young. Said motion passed unanimously. 6.o. The City Manager reported that it is recommended that Coun- cil approve the execution of a Developers Utility Service Agreement with Carole Siemens, Trustee, for the providing of water and sewer service to the area described as Rainberry Lakes, Phase IIIA, located at the north- west corner of Congress Avenue and Lake Ida Road. A check in the amount of $5,200 has been deposited in the Development Fund to cover 52 units @ $100 each. Mr. Bird moved for approval of execution of the Developers Utility Service Agreement with Carole Siemens, Trustee, seconded by Mr. Young. Said motion passed unanimously. .6.p. The City Manager reported that it is recommended that Coun- cil approve the execution of a Developers Utility Service Agreement with Centex Homes of Florida for the .providing of water and sewer service to the area described as Rainberry Phase 4A, located East of Davis Road, West of Rainberry Lake and North of Lake Ida Road. A check in the amount of $7,100 has been deposited in the Development Fund to cover 71 units @ $100 each. Mr. Bird moved for the approval of execution of Developers Utility Service Agreement with Centex Homes, seconded by Mr. Young. Said motion passed unanimously. 7.a. The City Manager reported that a request has been received for water service for Palo Verde, a 174-unit development planned for the west side of Military Trail in the vicinity of the Del Aire development. Council, at the June 25, 1979 meeting, authorized water service to Palo Verde upon completion of the expanded water plant. Filters have been added since the June 25th Council action which increase the water plant capacity from 15.1 million gallons per day to 18.1 million gallons per day. There is no need to withhold water service until the water plant is expanded and it is recommended that the water service agreement be approved providing water service immediately. The City Attorney passed out copies of an amendment to the Agreement. He informed Council that this amendment is an attachment to the standard City water service agreement for property located outside the City limits which Palo Verde and the other property owner have executed. The amendment provides that the City is committing, at this time, to provide water service for 63 single family units providing that service is commenced to those units not later than March 1, 1982. For the balance of the project, service will be provided only if, at the time application for water service is made, a surplus exists as deter- mined by the City's Utilities Director after allocating sufficient capacity to serve the needs of the inhabitants and property in the City and those to whom the City has committed to previously. Also the amend- ment deletes paragraph 7 and 8 of the standard agreement which is the provision for annexation. The minutes of the meeting approving the application originally by City Council show that it was done with the stipulation that annexation would not be part of the agreement. - 10 - 1/14/80 Mr. Scheifley moved for approval of the agreement for water service outside the City limits between the City and Palo Verde, Inc. and Almato Investment Corp. N.V. with the amendment as presented by the City Attorney, seconded by Mr. Bird. Said motion passed unanimously. ~efore roll call the following discussion was had: Mr. Young stated that he thinks this Council is beginning to paint itself into a corner. They have decided informally that they should limit their annexation to the middle of Military Trail but they have already taken on a couple of other sites. At this point the roll was called to the motion. 7.b. The City Manager reported that a communication has been re- ceived from the Area Planning Board dated December 26, 1979 requesting A-95 Clearinghouse review and comment relative to the Governor's Energy Office, Energy Extension Service (EES). This is an energy conservation program targetted for bankers, builders, realtors, hotel and motel owners, commuters, residential and local governments. This project will not result in any adverse effects to the local natural, social or econo- mic environment. Council may either concur with the City Manager's letter or state its disapproval. Mrs. Durante moved to sustain the City Manager's letter of December 27th in reply to the Area Planning Board's A-95 review, second- ed by Mr. Young. Said motion passed unanimously. 7.c. The City Manager reported that a communication has been re- ceived from the Area Planning Board dated December 7, 1979 requesting A-95 Clearinghouse review and comment relative to the Palm Beach County Office of Criminal Justice Planning Law Enforcement Applicant Processing Center-Continuation Fund. This is the second year of a three-year pro- gram and provides a pool of thoroughly screened police applicants from which 34 Police Agencies can draw. This project will not result in any adverse effects to the local natural, social or economic environment. Council may either concur with the City Manager's letter or state its di sapprova 1. Mr. Scheifley moved to approve the City Manager's letter dated December 17, 1979, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird inquired if Palm Beach County has this screening thing in operation, why doesn't the City, as a practical matter, make use of it. The City Mana- ger replied that some consideration is being given to doing just that. He is not sure how much use would be advantageous for them. There's been dialogue between the Police Department and Civil Service Board with regard to it. Mr. Bird added that he doesn't remember it being part of the study that was done for the Civil Service Board about various methods of obtaining employees in the City's uniform service branches. The City Manager stated that that conversation came along later. At this point the roll was called to the motion. 8.a. The City Manager reported that it is recommended that the sanitary sewers and water utilities installed in Homewood Lakes, Section A be accepted as operational by adoption of Resolution No. 3-80. The City Manager presented Resolution No. 3-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN HOMEWOOD LAKES, SECTION A, RECORDED IN PLAT BOOK 33, PAGES 191 & 192 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: END OF S.W. 27TH AVENUE TO S.W. 4TH STREET ON S.W. 27TH AVENUE; ON S.W. 27TH AVENUE BETWEEN S.W. 4TH STREET TO S.W. 5TH STREET; S.W. 5TH STREET FROM S.W. 27TH AVENUE TO S.W. 28TH AVENUE; S.W. 28TH AVENUE FROM S.W. 6TH STREET TO END OF STREET; S.W. 6th STREET FROM CUL-DE-SAC TO END OF STREET AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER - 11 - 1/14/80 RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNISHED BY SAID UTILITIES; 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. 3-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 3-80, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported that it is recommended that all streets and storm drains in Homewood Lakes, Section A be accepted as operational by adoption of Resolution No. 4-80. The City Manager presented Resolution No. 4-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN HOMEWOOD LAKES, SECTION A, AS RE- CORDED IN PLAT BOOK 33, PAGES 191 & 192 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFO~4ANCE; PROVIDING FOR MAIN- TENANCE FOR AND REPAIRS BY DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 4-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 4-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Resolution No. 5-80 author- izing purchase of one used tandem axle tractor for use at the refuse transfer station is before Council for consideration. This tractor will be purchased from a supplier at a price not to exceed $15,000. Reim- bursement from the loan is to be secured from banks for refuse equipment purchase. The City Manager presented Resolution No. 5-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA PURSUANT TO CHAPTER 2, "ADMINISTRATION", SECTION 2-14, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, DIRECTING THE CITY'S PURCHASING AGENT TO PROCEED AS IN SECTION 2-12 REGARDING THE PUR- - CHASE OF ONE USED TANDEM AXLE TRACTOR FOR USE AT THE NEWLY ACQUIRED REFUSE TRANSFER STATION. (Copy of Resolution No. 5-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 5-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Council, at the December 10, 1979 meeting, approved the new Metropolitan Planning Organization Inter- local Agreement. Since Florida Department of Transportation's policy requires that a resolution be adopted to document City Council's action, Resolution No. 6-80 has been prepared for Council consideration. - 12 - 1/14/80 The City Manager presented Resolution No. 6-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING OF THE INTERLOCAL AGREEmeNT DATED DECEMBER 21, 1979, ESTABLISHING THE METROPOLITAN PLANNING ORGANIZATION FOR THE URBAN AREA OF PALM BEACH COUNTY PURSUANT TO FLORIDA STATUTES SECTION 334.215; PROVIDING FOR AUTHORIZATION FOR THE MAYOR OF THE CITY OF DELRAY BEACH TO EXECUTE SAID INTERLOCAL AGREEMENT; AND DESIGNATING THE MEMBER FROM THE CITY OF DELRAY BEACH TO THE MPO. (Copy of Resolution No. 6-80 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 6-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Weekes stated, with regard to the Metropolitan Planning Organization, he would like, at this time, to appoint an alternate to serve in his stead in the event that he is unable to attend any of the meetings. He appointed Mrs. Durante as his alternate. At this point the roll was called to the motion. 8.e. The City Manager reported that Ordinance No. 38-79, amending Chapter 2 "Administration" of the Code of Ordinances enumerating the municipal departments is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the December 10, 1979 meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 38-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS~NDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY RE- PEALING SECTION 2-1 AND ENACTING A NEW SECTION 2-1, ENU- MERATING THE MUNICIPAL DEPARTMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 38-79 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. 38-79 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mrs. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 76-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will annex a parcel of land located at the southeast corner of Seacrest Boulevard and Gulfstream Boulevard. This ordinance was passed on First Reading at the November 26, 1979 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. - 13 - 1/14/80 The City Manager presented Ordinance No. 76-79: 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 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTHEAST CORNER OF SEA- CREST BOULEVARD AND GULFSTREAM BOULEVARD, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 76-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Scheifley moved for the passage of Ordinance No. 76-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.~. The City Manager reported that Ordinance No. 84-79 relative to annexing a parcel of land located at the northeast corner of U.S. No. 1 and Eve Street, subject to SAD (Special Activities) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the December 10, 1979 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. 84-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY NO. 1 AND EVE STREET; 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. 84-79 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 passage of Ordinance No. 84-79 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.h. The City Manager reported that Ordinance No. 85-79 relative to rezoning and placing land zoned CG (General Commercial) District (County) to SAD (Special Activities) District (City), located at the northeast corner of U.S. No. 1 and Eve Street is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the December 10, 1979 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. - 14 - 1/14/80 The City Manager presented Ordinance No. 85-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE COUNTY OF PALM BEACH WITH COUNTY ZONING OF CG (GENERAL COMMERCIAL) DISTRICT, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES DISTRICT), BEING APPROXIMATELY 3.98 ACRES, LOCATED ON THE NORTHEAST CORNER OF U.S. #1 AND EVE STREET IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 85-79 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 the adoption of Ordinance No. 85-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.i. The City Manager reported that Ordinance No. 86-79 amending Chapter 8 "Boats, Docks and Waterways" of the Code of Ordinances to pro- vide for the regulation of construction of docks, dolphins, finger piers and boat lifts is before Council for consideration on First Reading. Council, at the December 10, 1979 meeting, referred this to workshop. This was discussed at the January 7th workshop meeting. The City Manager presented Ordinance No. 86-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "BOATS, DOCKS AND WATERWAYS" BY ENACTING A NEW ARTICLE II TO PROVIDE FOR THE REGULATION OF CONSTRUCTION OF DOCKS, DOLPHINS, FINGER PIERS AND BOAT LIFTS; REQUIRING A PERMIT FOR THE CONSTRUC- TION THEREOF; REQUIRING MAINTENANCE THEREOF; 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. 86-79 on First Reading, seconded by Mr. Young. Mr. Bird stated that prior to the Second Reading of this ordinance, he would like a resolution with regard to Section 1, para- graph D, subparagraph d, which reads "Dolphins shall not be used for stern-in or'bow-in docking." The Administration was going to get back to them with an impact of that particular item. The City Manager sug- gested that they just strike that. Council concurred with the suggestion. Mr. Bird amended his motion to approve Ordinance No. 86-79 on First Reading by the removal, under Section 1 paragraph D (2d), of that paragraph which reads "Dolphins shall not be used for stern-in or bow-in docking.", seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.j. The City Manager reported that Ordinance No. 1-80, adopting and enacting a new Code of Ordinances is before Council for considera- tion on First Reading. - 15 - 1/14/80 The City Manager presented Ordinance No. 1-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING A PENALTY; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Attorney stated that this ordinance adopts the recommendations for amendments to the existing City Code which had been discussed with Council at length some time ago and adopts a new Code to be effective on April 1st. The codification company is going to submit to them within the next 30 days the final proofs and those will be dis- tributed to all Council members, Board members and so on. He requests that Council adopt this ordinance on First Reading. Mr. Bird moved for the adoption of Ordinance No. 1-80 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.k. The City Manager reported that Ordinance No. 2-80, amending Chapter 29 "Zoning" of the Code of Ordinances to allow "resource reco- very plant, in a completely enclosed building" as a permitted use is before Council for consideration on First Reading. Council, at the December 10, 1979 meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 2-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 29-15(B) MI (MEDIUM INDUSTRIAL) DISTRICT TO ALLOW "RESOURCE RECOVERY PLANT, IN A COMPLETELY ENCLOSED BUILDING" AS A PE~.IITTED USE; PROVIDING A SAVING CLUASE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 2-80 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird stated that it's nice to see that - businesses are going to do what needs to be done as opposed to a govern- mental body having to dictate that somebody can bring their tin cans somewhere. It's nice to see that the business community feels that there is a profit in it and he is delighted that they were able to assist. At this point the roll was called to the motion. 8.1. The City Manager reported that Ordinance No. 3-80, amending Chapter 29 "Zoning" of the Code of Ordinances relative to parking by expanding the definition of "industrial equipment" and by adding the R-iA-B, PRD-4, PRD-7 and PRD-10 zoning districts to the definition of "residential districts" is before Council for consideration on First Reading. Council, at the November 5, 1979 workshop meeting, referred this item back to the Planning & Zoning Board. The Planning & Zoning Board, at a meeting held on November 27, 1979, recommended by unanimous vote that their original October 16, 1979 recommendation be adopted, as any other method of regulation would be unworkable and unenforceable. - 16 - 1/14/80 The City Manager presented Ordinance No. 3-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 29-20(B)(3) BY EXPANDING THE DEFINITION OF "INDUSTRIAL EQUIPMENT"; BY AMENDING SECTION 29-20(B)(6) BY ADDING THE R-iA-B, PRD-4, PRD-7 AND PRD-10 ZONING DISTRICTS TO THE DEFINITION OF "RESIDENTIAL DISTRICTS"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Attorney advised that in Section 1 paragraph 3 at the end of the third line there should have been a comma; "heavy earth moving equipment," and then continue on. Mr. Bird moved for the adoption of Ordinance No. 3-80 on First Reading with the correction, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mrs. Alice Finst asked if it would be possible to add into that definition industrial equipment movers and equipment such as tar boilers. Mayor Weekes asked the City Attorney if the present language is broad enough to include that by interpretation. The City Attorney replied, no, and suggested that if Council wants it to be added for Second Reading, he can present them an amended ordinance at that time. Council concurred with the City Attorney's suggestion. At this point the roll was called to the motion. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on December 18, 1979, recommended by unanimous vote that the conditional use approval for Burns Day Care Center, located north of N.W. 3rd Street between N.W. 7th Avenue and N.W. 8th Avenue be approved, subject to the following: 1) City Engineer's memorandum of November 21, 1979. 2) Director of public Utilities memorandum of November 14, 1979. 3) Availability of water. 4) A time limitation of one year be set for development of the project. This was discussed at the workshop meeting on January 7th. Mr. Bird moved to sustain the recommendation of the Planning & Zoning Board with regard to the Burns Day Care Center subject to the items from the various City departments, seconded by Mr. Scheifley. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on December 18, 1979, recommended by unanimous vote that the site and development plan approval for Marina Del Rey, north of N.E. 8th Street between Palm Trail and the Intracoastal Waterway be approved, subject to the following: 1) City Engineer's memorandum of November 26, 1979. 2) Director of Public Utilities memorandum of November 15, 1979. 3) Availability of water. 4) A time limitation of one year be set for development of the project. - 17 - 1/14/80 The site plan calls for 10 residential dwelling units on a tract of land 1.02 acres. This was discussed at the January 7th workshop meeting. Mr. Scheifley moved to approve the recommendation of the Planning & Zoning Board with the conditions as outlined, seconded by Mr. Young. Mr. Bob Whitley, agent for the petitioner, stated that the site plan shows three proposed docks. One is an existing dock in ter- rible disrepair which they feel they can get approval of to rehabili- tate. The other two docks definitely require a permit from the Army Corps of Engineers and there's no telling whether they will get that permit or not; they have applied. They would solicit Council's approval on the basis that if they do get approval for all three docks, they could build three docks or if they only get approval for two, they could just build two. They would like the flexibility depending on what the Corps and the Department of Environmental Regulation responds. In response to a question from Mr. Bird, Mr. Whitley replied that it does conform to the proposed ordinance. Mr. Scheifley amended his motion to accept the changes recommended by the petitioner, seconded by Mr. Young. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on December 18, 1979, recommended by unanimous vote that the final plat for Lago Del Rey, located north of Lowson Boulevard between Dover Road and Homewood Boulevard, be approved, subject to the following: 1) City Engineer's memorandum of December 14, 1979. 2) Director of Public Utilities memorandum of December 3, 1979. 3) Availability of water. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board subject to the comments in the preface to the agenda, seconded by Mr. Scheifley. Said motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on December 20, 1979, recommended by unanimous vote that the final plat for Fairways Subdivision (Hamlet-Phase XIII), be approved, subject to the following: 1) City Engineer's memorandum of December 6, 1979. 2) Director of Public Utilities memorandum of December 4, 1979. 3) That there will be a curb cut through the existing - median strip of Hamlet Drive in order to provide access to these lots. 4) Availability of water. Mr. Bird moved to sustain the recommendation of the Planning & Zoning Board relative to Hamlet-Phase XIII subject to the various memorandums of the City departments, seconded by Mr. Scheifley. Said motion passed unanimously. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held on December 28, 1979, considered the site plan modifi- cation request for Stewart Arms development to eliminate the S.W. 14th Avenue dedication and improvement requirement from the approved site plan, and add another entranceway at the southeast corner of the prop- erty. The subject property is in Section 20-46-43, and is located on the north side of S.W. 8th Street, between S.W. 8th Avenue and S.W. 15th Avenue, and is zoned RM-15 (Multiple Family) District. After discus- sion, a motion passed unanimously, approving the elimination of the S.W. - 18 - 1/14/80 14th Avenue dedication and improvement requirement as a minor modifica- tion, with the understanding that there will not be another entranceway at the southeast corner of the property, and that a preliminary and final plat will be submitted when the project is completed. The Board further discussed the possibility of providing access at the northeast corner of the property so as to provide traffic circulation.to S.W. 8th Avenue. After discussion, a motion passed unanimously, recommending that a road connection be provided at the northeast corner of the prop- erty, then extend and improve S.W. 10th Avenue north to S.W. 6th Street, then extend and improve S.W. 6th Street east to connect with S.W. 8th Avenue. Mrs. Durante stated that the Planning & Zoning Board's recommendation to extend S.W. 6th Street to connect with S.W. 8th Avenue runs through the cemetery. Mr. Carey replied that he thinks that the street they're referring to runs along the west border of the cemetery. The street numbers may be wrong here but the map he saw showed a street which runs west of the cemetery. Mrs. Durante noted that they might mean S.W. 7th Street rather than S.W. 6th Street The City Manager stated that if Council is in agreement with the recommendation, they could approve it with the understanding that he and Mr. Carey would work that out. Mr. Carey added that this is a much better plan for the development because the original concept was not very acceptable. Mr. Wallin, Planning & Zoning Board member, stated that at their meeting, the petitioner explained very clearly that they do not have the funds and would, therefore, request the City to provide funds for this access. Mr. Bird asked if they have an estimate on the amount of funds required. The City Manager replied no because they didn't plan on using City funds. Mayor Weekes suggested referring this to a work- shop meeting. Mr. Bird moved to refer this item to a workshop meeting for consideration, seconded by Mr. Young. Said motion passed unanimously. 9.f. The City Manager reported that the Planning & Zoning Board at a meeting held on December 28, 19.79, recommended by unanimous vote that the conditional use approval for Vacation House Motel, located at the northeast corner of N.E. 6th Avenue and N.E. 3rd Street be extended for one year from April 9, 1980 to April 9, 1981. This was discussed at the January 7th workshop meeting. Mr. Bird moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Scheifley. Said motion passed unani- mously. Mayor Weekes declared the meeting adjourned at 9:00 P.M. ATTEST: / - City Clerk MAYOR - 19 - 1/14/80 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 January 14, 1980, which minutes were formally approved and adopted by the City Council o~,. ~ /~ . y 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. - 20 - 1/14/80