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04-14-80SpMtg APRIL 14, 1980 A special meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Monday, April 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 G.W. Phillips, Greater Mt. Olive Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Young moved for approval of the minutes of the regular meeting of March 24, 1980 and the special meetings of March 21, 1980 and March 31, 1980, seconded by Mr. Bird. Said motion passed unanimously. 4.a.1. Mr. Bird congratulated the Chamber of Commerce, Tom Dennis who headed this year's Delray Affair, and the hundreds of people who help to'make the Delray Affair a successful undertaking each and every year, not the least of which are the City employees who manage to keep the town looking just about as clean during the Affair as they do the rest of the year. 4.b.1. Mrs. Durante echoed Mr. Bird's words in appreciation of the fine job of the people who did all the work for the Delray Affair to make it so enjoyable. 4.b.2. Mrs. Durante stated that she would like to express her feelings about the resolution which they passed regarding the blowing ~f the train whistle. During this past week, she went across the railroad track on 1st Street three times and the crossing guard was down but apparently there was no train near Delray because people were going around the crossing guard. This is really a frequent problem that they have here. If the train is blowing a whistle, then people know that the train is coming but if it's not blowing a whistle, people may not know and may get out a little too far. Mayor Weekes stated that he will send each member of Council a copy of a letter addressed to the Area Planning Board in regard to this issue. The Department of Transportation of the State of Florida is unalterably opposed to doin~ away with the whistling of trains and one of the reasons is what Mrs. Durante just stated. Mr. Rose, Director of DOT, made a trip on an FEC train from Miami to West Palm Beach and he recites the instances which occurred just within one trip; vehicles parked on the track, an instance in Boca Raton where they had to slam on the emergency brakes to avoid hitting a vehicle. There were four of these occurrences in one trip just from Miami to West Palm Beach. Having read that letter, he shares Mrs. Durante's view and he doesn't think it has much chance of passing in the Legislature. It's better that some people should be inconvenienced by hearing the whistle than have someone killed because they didn't know the train was coming. 4.c.1. Mr. Scheifley referred to Mr. Joseph Bell's letter which appeared in the Sun Sentinnel concerning alleged police brutality in Delray Beach. Several people have mentioned it to him and they all thought it was an excellent letter. He commended Mr. Bell for putting his thoughts into such a concise and excellent form. 4.d.1. Mr. Young complimented everybody that had anything to do with the Delray Affair. 4.e.1. Mayor~Weekes presented a proclamation proclaiming the week of April 20-26, 1980 as "Secretaries Week" and proclaiming April 23, 1980 as Secretaries Day. 5. There were no public requests from the floor. 6.a. Mayor Weekes reported that this item does not apply tonight because this is a special meeting. 6.b. The City Manager reported that this item is the presentation of a City Service Award to Mr. Ralph J. Dye and suggested skipping over this item until Mr. Dye arrives. It was Council's consensus to defer this item until later in the meeting. 6.c. The City Manager reported that it is recommended that Coun- cil designate April 28th (a change from the 29th) as the remaining regular Council meeting date in April, 1980. Mr. Bird moved that they designate the 21st and 28th as the workshop and regular meeting date for the balance of April and to select either the 23rd or 24th for a special meeting with the FAB in regard to the budget, seconded by Mrs. Durante. Mayor Weekes stated that they will work towards the 23rd and he will declare a special meeting if that time slot is available. Dis- cussion was had as to whether this should be taken up at a special meeting'or a workshop meeting. The Mayor suggested that Mr. Bird change his motion into two separate motions. Mr. Bird withdrew his prior motion and moved that they have workshop on the 21st and the regular meeting on the 28th of April and commence Tuesday meetings on the 6th of May, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Bird moved that they call a special meeting on the 23rd of April for the purpose of having input from the Financial Advisory Board on the budget for the upcoming year, seconded by Mrs. Durante. ~ 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: Mr. Scheifley stated that he feels this should be a workshop rather than a special meeting because he doesn't think they would take any action on the budget. At this pOint the roll was called to the motion. The City Attorney advised Council that there will be a need for a special meeting on the 21st of April to consider an extension request in conjunction with a development called First Encounter. The development approval expires April 26th so it has got to be acted on before then. Mayor Weekes suggested taking that item at the same time they have the special meeting on the 23rd. The City Manager stated that an alternative would be moving FAB to the 21st which is a workshop meeting. Mayor Weekes stated that it will be on the 21st; he will call a special meeting since they will be here anyway for workshop. 6.d. The City Manager reported that it is recommended that Counci~ approve the execution of a Developers Utility Service Agreement with W.G. Lassiter, Jr., for the providing of water and sewer service to Phase I, Federal Plaza, Ltd., located at the northwest corner of West Atlantic Avenue and Military Trail. A check in the amount of $6,000 has been deposited in the Development Fund to cover six acres ($375 per acre for water and $625 per acre for sewer). Council approved providing water service to this property on March 24th. The City Attorney stated that a copy of the agreement was not provided with the agenda but he assumes that it is the standard Utility Service Agreement provided by Developers. If it is, it doesn't refer to the obligation to provide water and sewer service but rather'' provides that the developer is paying for the extension of water and sewer mains and lines necessary to put the City in a position to be able to furnish water and sewer service at a later date and assesses a cost for that extension. - 2 - 4/14/80 The City Manager advised that the motion passed on March 24th authorized the providing of water to W.G. Lassiter at his site on West Atlantic Avenue and Military Trail for the purpose of providing water supply during the construction phase of the development and water for the future tenants shall be on an "as available" basis upon comple- tion of the plant and it is not the intent of this Council to grant annexation or require annexation of this parcel. This motion was made by Mr. Bird, seconded by Mr. Young and passed. He asked the City Attor- ney if the agreement fits the conditions of the motion. The City Attorney replied that this agreement is a separate agreement from the water service and sewer service agreement. This is the standard form agreement; the Administration has these types of agreements executed on a preapproved form. If Council is desirous of doing so, they can condition the execution of this agreement on the approval and execution of the subsequent agreement; there is no reason why this agreement needs to go before the other one. Mr. Bird moved for approval of this agreement subject to the stipulations enumerated on March 24th when the item originally came before them and agreement to such provisions must precede acceptance of this agreement, seconded by Mr. Young. Said motion passed unanimously. 6.e. The City Manager reported that it is recommended that Council-authorize execution of an interlocal agreement between the Cities of Delray Beach, Boca Raton and Boynton Beach concerning the acquisition and operation of a South Palm Beach County Mobile Crime Prevention trailer which will be shared among the three Cities and manned by two Delray Beach patrolmen when assigned to Delray Beach. Application for a Federal Law Enforcement Assistance Administration (LEAA) Grant to fund the majority of this project has been approved. The City's total amount of matching money for the entire project is $133. Mrs. Durante moved that Council authorize the execution of the interlocal agreement between the Cities of Delray Beach, Boca Raton and Boynton Beach concerning the acquisition of the Mobile Crime Pre- vention trailer, seconded by Mr. Scheifley. Said motion passed unani- mously. Before roll call the following discussion was had: the City Manager advised that the trailer will be for law enforcement educational purposes and it will be rotated between the three cities. It is for the education of the public~ things that the law enforcement people think that the public needs to know. Mrs. Durante asked where the trailer will be parked. The City Manager replied that that will be at the discretion of the Police Department. At this point the roll was called to the motion. 6.f. The City Manager reported that it is recommended that Council authorize purchase of two well sites and right-of-way from Florida Power & Light on S.W. 10th Street in the rear of the FP&L transfer station. Council authorized Russell & Axon, at the April 24, 1978 meeting, to proceed with the engineering, preparation of plans, specifications and construction documents for four water supply wells. Funding is to come from the Water and Sewer Revenue Bond issue. It was appraised by Art Sprott at $1 a square foot which would come to about $13,000 as the appraised figure; the owner has placed a price tag of $10,000 on it. Mr. Bird moved to authorize the purchase of the two well sites and right-of-way from Florida Power & Light on S.W. 10th Street, seconded by Mrs. Durante. Said motion passed unanimously. 7.a. The City Manager reported that a communication has been received from the Delray Beach National Little League, Inc., requesting permission to solicit funds on April 18th through April 20, 1980, ap- proval of which is recommended by the Solicitations Committee. Mr. Scheifley moved that the Delray Beach National Little League's request to solicit funds on April 18th through April 20, 1980 be approved, seconded by Mr. Bird. Said motion passed unanimously. - 3 - 4/14/80 8.a. The City Manager reported that Resolution No. 33-80 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain property, the owner of which failed to abate such nuisances within the allotted time from date of original nuisance violation notice. Council may request any further desired information in lieu of which, and in compliance with Section 13 of the City's Code of Ordinances, adoption of Resolution No. 33-80 is recom- mended. The City Manager presented Resolution No. 33-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 33-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 33-80, 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 Resolution No. 34-80 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain property, the owner of which failed to abate such nuisances within the allotted time from date of original nuisance violation notice. Council may request further desired inform- ation in lieu of which, and in compliance with Section 13 of the City's Code of Ordinances, adoption of Resolution No. 34-80 is recommended. The City Manager presented Resolution No. 34-80: A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESO- LUTION, ~D DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 34-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 34-80, 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. 8.c. The City Manager reported that Resolution No. 35-80 request- ing permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural) (County) to R-1AA (Single Family Dwelling) (City), located north of Atlantic Avenue, be- tween Barwick Road and Almar Boulevard if extended south is before Council for consideration. The Planning & Zoning Board at a meeting he~d on March 25th, recommended by unanimous vote that the property be annexed as R-1AA, which is what the City's Land Use Plan designates for this area. . - 4 - 4/14/80 The City Manager presented Resolution No. 35-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AG (AGRICULTURAL) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 35-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 35-80, 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 Resolution No. 36-80 request- ing permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural) (County) to R-1AA (Single ~amily Dwelling) (City), located north of Atlantic Avenue, between Barwick Road and Almar Boulevard if extended south is before Council'for consideration. The Planning & Zoning Board at a meeting held on March 25th, recommended by unanimous vote that the property be annexed as R-1AA, which is what the City's Land Use Plan designates for this area. The City Manager presented Resolution No. 36-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF ~. ~' COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AG (AGRICULTURAL) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 36-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 36-80, 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.e. The City Manager reported that it is recommended that streets and strom drains installed in Abbey Delray, Phase II be accepted as operational by adoption of Resolution No. 37-80. The City Manager presented Resolution No. 37-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN ABBEY DELRAY, PHASE II, ACCORDING TO PLAT BOOK 35, PAGES 52 AND 53 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESQLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 37-80 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 37-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; r~rs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 5 - 4/14/80 8.f. The City Manager reported that it is recommended that sani- tary sewers and water utilities installed in Abbey Delray, Phase II be accepted as operational by adoption of Resolution No. 38-80. The City Manager presented Resolution No. 38-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN ABBEY DELRAY~ PHASE II, AS RECORDED IN PLAT BOOK 35, PAGES 52 AND 53 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: S.W. 10TH COURT FROM S.W. 22ND AVENUE TO S.W. 20TH TERRACE; S.W. 20TH TERRACE FROM S.W. 10TH COURT TO S.W. llTH COURT; S.W. llTH COURT FROM S.W. 20TH TERRACE TO S.W. 22ND AVENUE; S.W. 22ND AVENUE FROM S.W. llTH COURT TO S.W. 10TH COURT, AS OPERATIONAL AND - SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER 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 PERFO~4ANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 38-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 38-80, 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. 8.9. The City Manager reported that Ordinance No. 17-80 amending Chapter 29 "Water and Sanitary Sewerage" of the Code of Ordinances establishing a user charge and industrial cost recovery system for the use of certain sewers is before Council for consideration on First Reading. This item was tabled at the February 25th Council meeting. Both Ordinance Nos. 17-80 and 18-80 (8.h.) come about by a requirement of EPA. The City's consulting firm of Russell and Axon, the City Administration and the City Attorney's office have jointly been working on.these two ordinances for a long time. The City Mgnager presented Ordinance No. 17-80: AN ORDINANCE OF THE 'CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SE~RS" BY ENACTING A NEW ARTICLE IV, ESTABLISHING A USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM FOR THE USE OF CERTAIN SEWERS; ESTABLISHING A SYSTEM OF SEWER RATES, CHARGES AND SURCHARGES; AUTHORIZING RULES AND REGULA- TIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 17-80 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.h. The City Manager reported that Ordinance No. 18-80 amending Chapter 29 "Water and Sanitary Sewerage" of the Code of Ordinances establishing the requirements and procedures to regulate the use of sanitary and storm sewers is before Council for consideration on First Reading. Council tabled this item at the February 25th meeting. - 6 - 4/14/80 The City Manager presented Ordinance No. 18-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS" BY ENACTING A NEW ARTICLE V, ESTABLISHING THE REQUIRE- MENTS AND PROCEDURES TO REGULATE THE USE OF SANITARY AND STORM SEWERS; PROVIDING FOR PROPER DISCHARGE OF WATERS AND WASTES INTO THE CITY SEWER SYSTEM; REGULATING DIS- CHARGE OF CERTAIN WASTES; PROVIDING PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES~ IN CON- FLICT HEREWITH; 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. 18-80 on First Reading. The City Attorney advised that on page 26 in paragraph 2, he would like Council to incorporate into the motion, to change the refer- ence in that paragraph from 29-86 to 29-95. Mr. Bird amended his motion to include that change, 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. 21-80 amending Chapter 14A "Garbage and Trash" of the Code of Ordinances granting per- mission for Country Manors, Sections 1 through 8 to contract with a private contractor for the providing of garbage and trash collection is before Council for consideration on First Reading. . · The City Manager presented Ordinance No. 21-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NDING CHAPTER 12 "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES, BY AMENDING SECTION 12-3 BY PROVIDING THAT IN SECTIONS 1 THROUGH 8, INCLUSIVE OF COUNTRY MANORS CONDOMINIUM, THE CONDOMINIUM ASSOCIATION SHALL PROVIDE FOR GARBAGE AND TRASH COLLECTION BY CON- TRACTING WITH THE PERSON, FIRM OR CORPORATION OF THEIR CHOICE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the. caption of the ordinance. Mr. Young moved for the adoption of Ordinance No. 21-80 on First 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. Before roll call the following discussion was had: Mrs. Durante stated that she is going to support this but she does not feel that this is a very good decision for them to make. Mr. Scheifley added that both High Point and this expire, unless renewed, on July 1, 1982 so it's really a two year trial. At this point the roll was called to the motion. 9.a. The City Manager reported that a petition from James K. Abbott, Nick Dan and Helen Dan for a special exception to allow a com- mercial automobile rental facility and lot will be considered on April 24th before the Board of County Commissioners. The subject property is located at the northeast corner of U.S. No. 1 and Avenue H. This re- quest is in violation of the City's Land Use Plan which designates this area for multiple family (10 units/acre) development. It is recommended that Council indicate its wishes so response can be made to the County. The Planning and Zoning Board has suggested that the City consider opposing it. Opposition is recommended. - 7 - 4/14/80 Mrs. Durante moved to sustain the recommendation from the Planning & Zoning Board regarding County Special Exception Petition 80-69, 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 - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mayor Weekes stated that he has a problem with this. He has discussed it with Mr. Carey and expects to meet with the Planning & Zoning Board about the general premise. This is a request for a special exception in an area which is presently zoned general commercial in the County as he under- stands it. Their Land Use Plan shows this to be in a multi-family zoning district. If anyone on Council can tell him how the property owner can use this property for RM-10, then he will support it. The Mayor added that he understands the planning concept, where you have to take an area of land and zone it for future use but when you get down to the practicality of utilizing it, there are any number of very small parcels on U.S. 1 which just can't be used for RM-10. One gentleman has been talking to him for a year and a half trying to annex a little piece of land there that he presently has a commercial use on but the City shows it as RM-10 and can't annex it. Mrs. Durante stated that she thinks that the Planning and Zoning Board can now go back and take a look at some of those areas and some of those uses that will require some special exception and then make recommendations to Council. Mr. Carey stated that if Council were to ask him to defend a decision on a single piece of property in their Plan, he could not do that~ it's an impossibility. The Plan is a jigsaw; once you start pull- ing little pieces out, you don't have a plan. The basic concept of designating the area in question as multi-family is to protect She City from further encroachment of commercial development along that highway. Mr. Scheifley stated that there are two ways of looking at this; it's a classic example of whether you're going to take a short- term view or a long-term view. Mayor Weekes stated that he is a firm believer in the rights of private property. He is sick and tired of people encroaching on the rights of private property to the point where the property owner is effectively refused th~ right to use his property. Mrs. Durante asked if this property is located next to a vast piece of vacant property. Mr. Carey replied that it's about a block away from a very large open piece. Mrs. Durante added that she knows that the Planning & Zoning Board gives a lot of consideration to their decisions and they have solid reasons for making the recommenda- tions that they make; she is going to support their recommendation this time but she does think that they need to take a look at this so that they can deal with those little parcels. Mayor Weekes stated that the issue is whether or not they should write to the County and oppose this application for a special exception. Mrs. Durante added that her motion was to sustain the recom- mendation made by the Planning & Zoning Board that they should deny this special exception request; the standard procedure. Mayor Weekes stated that if they could defer this until they could meet with the Planning & Zoning Board, that would be fine, but they can't defer this; that's the problem. Mr. Bird stated that all that they're recommending is that they disapprove, not a continued commercial use of that property, but' rather a special exception. He thinks that's consistent. They're not denying the owner a commercial use of the property, they're only denying him this particular commercial use which is an exception even to the County's Land Use Plan. Mayor Weekes asked on what basis are they going to oppose it. Mrs. Durante stated that the motion is to deny the special excep- tion on the basis that it violates the Land Use Plan. - 8 - 4/14/80 At this point the roll was called to the motion. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on March 25th, recommended by unanimous vote that the final plat approval for D~lray Beach Landings, located at the southwest corner of N.E. 8th Street and Andrews Avenue be approved, subject to the fol lowing: 1) City Engineer's memorandum of March 24th. 2) Director of Public Utilities memorandum of March 14th. 3) Availability of water. The City Attorney added that in the recommendations from the City Engineer, No. 4, some additional language should be added in regard to that to indicate that the road impact fees would be reserved for the traffic signal if approval for such can be obtained from the County. It is a County impact fee that is collected and neither the developer nor the City controls the disposition of those funds. '~ Mr. Bird moved to accept the recommendation of the Planning and Zoning Board relative to final plat approval for Delray Beach Landings subject 'to the conditions of the City Engineer and the Planning Director as modified by paragraph 4 of the City Engineer's memorandum to read "if approval can be obtained from the County for the use of these funds", seconded by Mrs. Durante. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on March 18th, recommended by unanimous vote that the parcels of land listed below be rezoned to bring their zoning into conformance with the City's Land Use Plan. ~' 1) That Parcel 1 be rezoned from PRD-10 to PRD-7. 2) That Parcel 5 be rezoned from PRD-10 to RM-10. 3) That Parcel 6 be rezoned from PRD-10 to RM-6. 4) That Parcel 7 be rezoned from PRD-10 to RM-10. 5) That Parcel 8 be rezoned from RM-15 to R-1AA. 6) That Parcel 9 be rezoned from PRD-7 to R-1AA. 7) That Parcel 10 be rezoned from PRD-7 to RM-6. 8) That Parcel 11 be rezoned from RM-6 to R-lA. 9) That Parcel .12 be rezoned from R-1AA to RM-10. A map showing the location of these parcels is in the Planning Depart- ment. It is recommended that Council either instruct the City Attorney's office to draft the ordinance or refer this to workshop. Mr. Scheifley moved to direct the City Attorney and the City Clerk's office to take the steps necessary under the Home Rule Act to effect these rezonings, seconded by Mrs. Durante. Said motion passed unanimous ly. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on March 18th, recommended by unanimous vote that the site and development plan for the 222 Building, located south of Vista Del Mar, between Andrews Avenue and A1A be approved subject to the fol lowing: 1) City Engineer's memorandum of February 25th. 2) Director of Public Utilities memorandum of February 13th. 3) City Landscape Architect's memorandum of March 4th. 4) Availability of water. 5) A time limitation of one year be set for development of the project. - 9 - 4/14/80 Since there was no controversy at the Planning & Zoning Board meeting at which approval of this site plan was recommended and even though there has not been an opportunity to consider the site plan at workshop as is normally done in the case of additional dwelling units prior to present- ation for Council approval, this item is on the agenda for consideration tonight. Council may consider approval or refer to workshop. Mr. Scheifley moved to sustain the recommendation of the Planning & Zoning Board and approve the site plan for the 222 Building, seconded by Mrs. Durante. Said motion passed unanimously. B~fore roll call, Mr. Carey stated that the petitioner's original site plan included a six-story building on that site. They told the developer that they did not find it acceptable and that he would have to come up with something that would be more compatible with - the neighbors having the single family houses on both sides and to the north on Vista Del Mar and he managed to do so. At this point the roll was called to the motion. Mayor Weekes left the mDeting for the duration of item 9.e. and Vice-Mayor Bird took the ~Chair. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held on March 18th, recommended by unanimous vote that the site and development plan for Rainberry Bay (Section VI), located at the northwest corner of Lake Ida Road and Davis Road be approved, subject to the following: 1) City Engineer's memorandum of March 18th. 2) Director of Public Utilities memorandum of March 10th. 3) Availability of water. 4) A time limitation of 18 months be set for development of the project. Since there was no controversy at the Planning & Zoning Board meeting at which approval of this site plan was recommended and even though there has not been an opportunity to consider the site plan at workshop as is normally done in the case of additional dwelling units prior to present- ation for Council approval, this item is on the agenda for consideration tonight. Council may consider approval or refer to workshop. Mr. Scheifley moved to sustain the recommendation of the Planning & Zoning Board relative to site plan approval Rainberry Bay (Section VI), seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes returned to the meeting at this time. 6.b. Mayor Weekes announced that they are presenting a recogni- - tion award to Ralph Dye for his service on the Civil Service Board from March 30, 1979 to April 1, 1980. Mr. Dye has done a lot work on that Board and this is their token of appreciation. Mayor Weekes declared the meeting adjourned at 8:10 P.M.  City Clerk ATTEST: MAYOR - 10 - 4/14/80 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 April 14, 1980, which minutes were formally approved and adopted by the City Council on ~ ~. /~fO. ' 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. - 11 - 4/14/80 50