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04-28-80 APRIL 28,1980 A regular meet~ng of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Monday, April 28, 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, and Willard V. Young, present. Council member Scheifley was absent (in Tallahassee on City business). 1. The opening prayer was delivered by Mayor Weekes. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Young moved for approval of the minutes of the special me---etings of April 8, 1980 and April 14, 1980, seconded by Mr. Bird. Said motion passed unanimously. Mayor Weekes announced that Council member Scheifley went'to Tallahassee on City business and will be unable to attend this meeting. 4.a.1. Mr. Bird stated that in reviewing tonight's agenda, he sees that once again they will be discussing another item pertaining to the golf club. He suggested that they ask the City Administration and the City Attorney to assist the members of the Delray Beach Country Club in the forming of an association which would report to Council once a year with their scheduled events. Mr. Bird moved that the Administration and the City Attorney move in that direction and come back to Council with a report, seconde~ by Mrs. Durante. The City Manager recommended that that action not be taken at this time. There are other things being considered with respect to the Country Club which, if adopted, he thinks would resolve the problem that Mr. Bird speaks of. Mayor Weekes suggested that they go ahead and authorize the City Attorney and the Administration to look into the possibility of such a committee and maybe by the time Council is prepared to receive their report, the City Manager will be ready to come forward with what- ever suggestion he has before Council takes any formal action in author- izing such a committee. Mr. Bird amended his motion as suggested by Mayor Weekes, as long as they have it done by July 1st, seconded by Mr. Young. Said motion passed unanimously. 4.b.1. Mrs. Durante complimented the Delray Beach Police Department in their efforts to bridge the gap between the Police Department and the community in terms of establishing what she considers to be some very positive contact with the youth in the community. They have a program whereby they ask the elementary schools in Delray Beach to select four safety patrolmen at the school to go on a trip to Disney World sponsored by the Delray Beach Police Department, all expenses paid and chaperoned by members of the Police Department as well as someone from the school. They have been doing this activity for four years now and she encourages them to continue it. 4.c.1. Mr. Young stated that for some time it has been bothering him that when Council gets requests to approve site plans, they have very little back-up connected with it other than the Engineering input which they get through Mr. Church and also the Planning & Zoning Board's input. They never have an opportunity to view what the elevation plans might be. As a result, they get some weird looking structures in Delray Beach, one in particular is the one on the corner of 8th Street and Andrews Avenue. He asked if there is some way in which they could get enough input so that they could intelligently do this. Mayor Weekes replied that the things that come directly to Council are those things which are deemed to be fairly well cut and dried. At any time a Council member feels uncomfortable with that posi- tion, all he has to do is ask that it be referred to workshop in which case he can get full back-~p information. The Administration makes an effort to pull out those things which might seem to them to be contro- versial and send them to workshop first; but others which seem to be non-controversial come directly to the Council. Information is always available at the Planning & Zoning Office. 4.d.1. Mayor Weekes stated that it was suggested to him today by one of Delray's citizens that they fly the City flags at half-mast until such time as the bodies of the servicemen who were killed in the raid in Iran last week are returned to the United States. He feels that it might be a good idea and asked for input from Council. _ Mr. Young stated that he would be very much in favor of it. Mr. Bird asked if they have one that is a war memorial type of flagpole which they could put at half-mast for that purpose and leave the other City flags at full-mast. Mayor Weekes asked if there is a memorial park with a flagpole in the public grounds just west of the Intracoastal by the bridge on Atlantic. Mr. John George replied that the Mayor is correct. There is a monument in memory of those citizens of Delray Beach that were lost during World War II and World War I. There is a flagpole in the back there which may be flown. It was the consensus of Council to have an American flag flown there at half-mast until such time as the bodies of the servicemen are returned. 5. Mr. John George, 227 N. Seacrest Circle, stated that he is'a pioneer citizen of Delray Beach, a veteran of World War II, an employer, a worker and a taxpayer of Delray Beach. He is here tonight to ask for Council's help. He requested that item 9.b. on tonight's agenda be referred to a workshop meeting where more detailed viewing may be con- sidered and a more intelligent and wise decision can be accomplished. Mr. Young moved to refer item 9.b. to the workshop meeting next Tuesday night, seconded by Mr. Bird. Said motion passed unanimously. 6.a. The City Manager reported that Ordinance No. 23-80 is before Council for consideration on First Reading. The City Attorney added that this ordinance corrects a typographical error that occurred in the editorial revision that was adopted April 1st. All it does is change the headings in the Water and Sewer Rate ordinance and indicates the rates charged inside the City and outside the City. The City Manager presented Ordinance No. 23-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-18 "RATES" TO CORRECT HEADING ERRORS AND TO ESTABLISH EFFECTIVE DATE OF SAID RATES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 23-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 6.b. The City Manager reported that it is recommended that Council waive the greens fees for the hosting of the Palm Beach County Men's Golf Association on May 14, 1980. Mr. Scheifley informed him yesterday that he was in favor of granting this approval. - 2 - 4/28/80 Mrs. Durante moved to waive the greens fees for the Men's Golf Association in hosting the Palm Beach County Men's Golf Association on May 14, 1980, seconded by Mr. Young. Said motion passed unanimously. Before roll ca~t, Mr. Bird asked for some input from the golfers who are not members of the Men's Golf Association. Mr. Charles Soelch, stated that he is not a member of the Golf Association but he plays golf frequently and he approves of the motion made by Mrs. Durante. Mr. Clifford Randall stated that he thinks, in the spirit of hospitality and friendship, that it would be a good idea to do this. Mrs. Breda Oakley, President of the Ladies Golf Association, advised the association approves of this request. At this point the roll was called to the motion. 6.c. The City Manager reported that Council decided at its April 21st workshop meeting to ask the Financial Advisory Board to make a special report at tonight's regular Council meeting. Mr. Blaser in- formed him that the report of the FAB is contained in his memorandum to Council dated April 23, 1980, a copy of which was furnished to each member of Council. Mr. Blaser is here tonight to answer questions if there are any questions that Council might have. Mayor Weekes suggested that they set a time for a discussion between the FAB and the Council with regard to other matters which were broached last week. It was the consensus of Council to schedule this as the first item of business on the next workshop agenda. 6.d. The City Manager reported that as was discussed at workshop on April 21st, Council is to give consideration Monday night to appoint- ing alternate member Mort Rowe to the Civil Service Board to fill out ' the unexpired term of regular member Thomas Dennis who recently resigned. The term expires April 1, 1983. Council may also consider appointing an alternate member to the Civil Service Board to replace Mr. Rowe. Mr. Bird moved to elevate Mr. Mort Rowe from the position of alternate member of the Civil Service Board to regular member of the Board to a term expiring April 1, 1983, seconded by Mr. Young. Said motion passed unanimously. It was the consensus of Council to refer the selection of an alternate member to the next workshop meeting. 6.e. The City Manager reported that as was discussed at workshop on April 21st, Council is to give consideration to appointing a replace- ment for Ted Cumming, who recently resigned as a member of the Police and Fire Pension Board. The term of service would be for three years until April 22, 1983. Mr. Young moved that Mr. Brian Pfeifler of the Barnett Bank be appointed to that Board, seconded by Mr. Bird. Said motion passed unanimously. 6.f. The City Manager reported that as discussed at the workshop meeting on April 21st, Council is to give consideration to waiving the Board of Adjustment filing fee in the instance of applications for screened enclosures at the five following locations: 4761 N.W. 6th Street 4762 N.W. 6th Court 581 N.W. 47th Avenue 591 N.W. 47th Avenue 4874 N.W. 5th Street Mrs. Durante moved that they waive the Board of Adjustment filing fees in the instance of the applications for screened enclosures for those five locations listed in the preface to the agenda, seconded by Mr. Bird. Said motion passed unanimously. - 3 - 4/28/80 Before roll call, Mr. Young asked if they are establishing a dangerous precedent by doing this. Mayor Weekes replied that if a similar circumstance arose again, he would not be worried by the pre- cedent they're setting here if such precedent is being set. He thinks that fairness and equity prevails in this instance. At this point the roll was called to the motion. 6.~. The City Manager reported that as was decided at workshop on April 21st, Council is to give consideration to waiving the Board of Adjustment filing fee in the instance of several screened enclosures being erected without building permits. Mr. Bird moved that they not waive the filing fees, seconded by Mr. Young. The City Attorney stated that there was a Board of Adjust- ment meeting last week at which time six petitions for variances were considered by the Board for those who did not have building permits. Out of the six, the Board denied variances in five cases and granted a variance in one case. Council may want to take these requests on an individual basis. The principle reason why they granted that one vari- ance was because the gentleman that owned that house bought it after the porch had already been constructed. Mrs. Durante added that last week they talked about waiving the fees in the cases where the contractors were responsible. Possibly, they could waive the fee for the homeowner and hold the contractor reponsible and whenever that contractor comes in to do business again, he would then have to pay that fee. The City Attorney replied that for many of these cases, they don't know who put the screen enclosure up. One of the companies that' put up several of them was Delray Screen and that company is now out of business. Mayor Weekes stated that it seems to him that they are penalizing the homeowner for the sins of his contractor in charging this fee. He agrees they should be charged in some instances where the home- iowner was a party to it. But where it was legitimately contracted to a contractor, it seems like they're putting the penalty on the wrong per- son. Mrs. Durante agreed and added that the. City is not going to get rich from those five fees that they're charging. The City Attorney suggested that it might be advisable for Council to take this particular issue under adviSement for the time being and not vote on it. There are going to be many more cases coming before Council both with and without permits; there are numerous ones in the Woodlake subdivision. Mayor Weekes stated that it seems to him that in this in- stance, as opposed to the last instance, they are setting a precedent that they may have to live with. He concurs with the City Attorney's suggestion and would prefer to defer this decision. Mr. Bird asked how they are going to stop it. The City Attorney replied that the problem is a two-fold one; part of it is because permits have been issued that don't meet City codes and part of it is because individuals have constructed porches that have been in violation of Code requirements and also because certain contractors have constructed porches in violation of the Code. Mr. Bird added that he doesn't think that any member of Council wants to penalize somebody for having come down and done what was apparently right. If the City is in error, then it's the City's responsibility. He is concerned about the people who are putting up screen enclosures which do not meet the City's codes because they are not pulling permits. - 4 - 4/28/80 The City Attorney replied that the way they are going to stop it is through the enforcement process. The City Attorney's office is going to have to come back to Council once they get all these cases together and ask the City Council what posture it wants the City Attor- ney's office to take, which~could mean filing lawsuits and litigation against each individual to physically remove the porch. If that's the step that the City wants to take, then that's the step that they will take. He doesn't think {hat people need to be told that they need permits; many people know or should know that they need them. Mr. Bird asked who the individual is who, through no fault of his own, is on this list. The City Attorney replied that his name is Clayton Olesen of 582 N.W. 47th Avenue, Delray Beach. Mr. Bird.withdrew his previous motion and Mr. Young withdrew his second. Mr. Bird moved that Mr. Olesen be reimbursed the amount of his fee for filing to the Board of Adjustment because he was an innocent party in all respects, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call, the City Attorney suggested that Council defer these until they can get a better look at the spectrum of the ones that the Board of Adjustment has granted to determine whether or not Council thinks that those should be waived. At this point the roll was called to the motion. Mrs. Durante stated that she would like to see Council not take any action on the others until the City Attorney can get back to them and let them know what the situation is on each one so they can deal with them one by one. 6.h. The City Manager reported that it is recommended that Council authorize proceeding under the competitive negotiations act for obtain- ing engineering services for a one-million gallon water storage tank, pump station and approximately 8,800 feet of water line. The City Attorney advised that instead of going forward with the competitive negotiations process at this point, the City Council should authorize the Administration to provide Russell & Axon a seven day written notice of intended partial termination of their contract in regard to this particular item. Mr. Bird moved to authorize the Administration to provide Russell & Axon with a seven day written notice as outlined by the City Attorney, seconded by Mrs. Durante. Said motion passed unanimously. 6.i. The City Manager reported that inasmuch as Russell & Axon did about one-third of the required engineering in conjunction with the proposed 24-inch water main on S.W. 10th Street, it is recommended that Russell & Axon be authorized to complete the engineering. Mrs. Durante moved that Russell & Axon be authorized to complete the engineering in conjunction with the proposed 24-inch water main on S.W. 10th Street, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: In response to Mr. Bird, the City Manager stated that it is estimated to be about $350,000 for the project cost and the engineering cost would probably be about 10%. At this point the roll was called to the motion. 6.3. The City Manager reported that the following quotations have been received to sell the City 111 commercial garbage containers for the Public Works Department. These containers are necessary for operation in the franchise area for which the City will be responsible beginning July 1, 1980. - 5 - 4/28/80 Bidder 2 Cu Yd 3 Cu Yd 4 Cu Yd 6 Cu Yd 8 Cu yd Total AMCO $6,952 -$15,582 $6,185 $433.25 $982.50 $30,134.75 Miami MTA Equip- 7,008 15,624 6,360 420.00 960.00 30,372.00 ment Corp. Amelia Island It is recommended that the award be made to the low bidder, AMCO, in the amount of $30,134.75. Due to the heavy repair expense on existing containers and purchase of containers to date, there is a balance of ap- proximately $22,000 in the current budget for the Garbage Department. _ It is recommended that $8,000 be transferred from the General Fund Con- tingency Account. Mr. Bird moved to accept the low bid from AMCO in the amount of $30,134.75 for trash containers to be paid $22,000 in the current budget for the Garbage Department and $8,000 to be transferred from the General Fund Contingency Account, seconded by Mr. Young. Said motion passed unanimously. Before roll call, Mayor Weekes asked how much is left in the General Fund Contingency Account. The City Manager replied $59,500.00 and that includes the $8,000.00 in this transaction. At this point the roll was called to the motion.' 7.a. The City Manager reported that a communication has been re- ceived from Veterans of Foreign Wars, Post 4141 O'Neal Priest requesting permission to solicit funds from May 1st through May 3, ~1980, approval' of which is recommended by the Solicitations Committee. Mr. Bird moved that Veterans of Foreign Wars, Post 4141 O'Neal Priest be authorized to solicit funds from May 1 through 3, 1980, seconded by Mr. Young. Said motion passed unanimously. 7.b. Mayor Weekes acknowledged the minutes of the Beautification Committee meeting held on April 2, 1980. Mr. Bird asked why they acknowledge the minutes of the Beautification Committee and no other committee. Mayor Weekes replied it's because the Beautification Committee is an ad hoc committee and normally Council would not be expected to receive them. So they send the minutes to the Mayor so that he may pick up items which they wish to have City attention. 6.g. A couple in the audience noted that Council said that they don't have to pay the fees for the screen enclosures and asked what they should do now. Several other people in the audience had questions on the same subject. The City Attorney advised them to see Norma Smith in the Building Department for the application forms to appear before the Board of Adjustment. Mayor Weekes stated that the Board of Adjustment has sole authority over this; it's out of the Council's jurisdiction. The City Attorney added that there is a notice that has to be provided to all property owners within 300 feet and it's up to Council as to whether or not the Administration should send out the notices but the notices do have to be sent. The City Attorney added that it is the intent of Council to have the Administration facilitate to the greatest extent possible the filing of the applications, the notification requirements and the other things that need to be done in order to present those applications to the Board of Adjustment with regard to those properties wherein permits were issued erroneously. ~ - 6 - 4/28/80 Mayor Weekes asked if they all have to be notified for every case or could there be one notice for all the people on the same issue. The City Attorney replied that if all of them were set at the same hearing and the notice listed each property for which a variance was requested and the extent o~ the variance, then the one notice would be sufficient. The most difficult part is providing the property owners list, not sending out the notices. Mayor Weekes stated that because of the fact that the City bears some of the burden in this fiasco, perhaps the City should supply the names of the property owners within 300 feet and do the mailing. Mayor Weekes stated that he is ~offering that the City, at its own expense, take care of getting the list of names together, take care of the responsibility of seeing that the notices are properly mailed, they have already waived the filing fee and that's about all they can do. They're taking all the burden they can possibly take for the mistake that the City made. The City Manager added that this ap- plies only to the five applications under discussion tonight. Mr. Bird moved that the City, at its own expense, take care of getting the list of names together and seeing that the notices are properly mailed for the five applications, seconded by Mr. Young. Said' motion passed unanimously. 8.a. The City Manager reported that Resolution No. 40-80 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. 40-80 is recom- mended. The City Manager presented Resolution No. 40-80: 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. 40-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 40-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.b. The City Manager stated that the City Attorney has advised him that Resolution No. 41-80 needs to be looked at further so he recom- mends that Council skip over it. 8.c. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the April 14th 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. - 7 - 4/28/80 The City Manager presented Ordinance No. 17-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS" BY ENACTING A NEW ARTICLE IV, ESTABLISHING A USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM FOR THE USE OF CER- TAIN SEWERS; ESTABLISHING A SYSTEM OF SEWER RATES, CHARGES AND SURCHARGES; AUTHORIZING RULES AND REGULATIONS; PROVID- ING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN. CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 17-80 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. 17-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.d. The City Manager reported that Ordinance No. 18-80 is before Council for consideration on Second .and FINAL Reading. This ordinance, if passed, will amend 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. This ordinance was passed on First Reading at the April 14th meeting. Prior to consider- ation of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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. (Copy of Ordinance No. 18-80 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 Detray Beach, Florida. The public hearing was closed. Mrs. Durante moved for the passage of Ordinance No. 18-80 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.e. The City Manager reported that Ordinance No~ 20-80 relative to annexing a parcel of land located at 1875 Lake Drive, subject to R-1AA (Single Family Dwelling) District is before Council for consider- ation on Second and FINAL Reading. This ordinance was passed on First Reading at the March 31st 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. ~ - 8 - 4/28/80 The City Manager presented Ordinance No. 20-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 7, LAKE SHORE ESTATES, AS RECORDED IN PLAT BOOK 25, PAGE 26 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, 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. 20-80 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. 20-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.f. The City Manager reported that Ordinance No. 22-80 relative to annexing a parcel of land located at 3285 West Atlantic AvenUe, subject to LI (Light Industrial) is before Council for consideration on First Reading. This property is presently zoned in the County as CG (General Commercial). Second and FINAL Reading and public hearing will be held at the meeting on May 27th. · The City Manager presented Ordinance No. 22-80: 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 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 22-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the site and development plan for Palms of Delray (Tract B), located east of Jaeger Drive, between Dotterel Road and Curlew Drive be approved subject to the following: 1) City Engineer's memorandum of March 24th. 2) Director of public Utilities memorandum of March 14th. 3) That a Unity of Title be filed tying Tract "A" to Tract "B". 4) Availability of water. 5) A time limitation of one year be set for development of the project. 6) That a six foot solid masonry wall be erected on the west and south sides of the property. - 9 - 4/28/80 This item was considered at the workshop meeting on April 21st. It would be for 32 dwelling units on 5.34 acres of land. Mr. Bird moved to support the recommendation of the Planning and Zoning Board, seconded 'by Mrs. Durante. Said motion passed unani- mously. 9.b. This item was referred to workshop (see item 5). 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the final plat for Estates III Subdivision (Hamlet - Phase XII) be approved, subject to the following: 1) City Engineer's memorandum of April 14th. 2) Director of Public Utilities memorandum of April 4th. 3) That the sidewalk requirement be waived on both sides of the street. 4) That the dead-end street be approved at a length greater than 1,000 feet. 5) Availability of water. Mr. Bird moved to sustain the recommendation of the Planning and Zoning Board regarding Hamlet Phase XII, seconded by Mr. Young. Said motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that th~ conditional use to allow a professional office plaza (South Palm Pro- fessional Plaza), located on the east side of U.S. No. 1 between Avenue "H" and Avenue "J" be approved, subject to the following: 1) City Engineer's memorandum of April 14th. 2) Director of Public Utilities memorandum of March 14th. 3) Availability of water. 4) A time limitation of one year be set for development of the project. Council may take action on the recommendation of the Planning & Zoning Board or refer to workshop. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board subject to all of the comments attached to the agenda, seconded by Mr. Bird. Said motion passed unanimously. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held on April 16th, recommended by unanimous vote that the final plat approval for Shoppes of Rainberry, located at the southeast corner of Lake Ida Road and Congress Avenue be approved, subject to the following: 1) City Engineer's memorandum of April 14th. 2) Director of Public Utilities memorandum of March 18th. 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. Bird. Said motion passed unanimously. - 10 - 4/28/80 9.f. The City Manager reported that an application has been received from Arthur Malernee to annex a .32-acre parcel of land, sub- ject to MI (Medium Industrial) District. The subject property is in Section 18-46-43 and is located on the south side of Atlantic Avenue, between Congress Avenue an~ the Seaboard Airlines Railroad. The Planning & Zoning Board at a meeting held on April 22nd, recommended by unanimous vote that the property be annexed as MI, which is in conform- ance with the City's Land Use Plan. This property is presently zoned in the County as CG (General Commercial). It is recommended that the City Attorney be instructed to prepare the ordinance effecting the annexation. Mr. Bird moved that the City Attorney be directed to draft the ordinance effecting the annexation, seconded by Mr. Young. Said motion passed unanimously. 9.9. The City' Manager reported that an application has been received from Robert Chapin to annex a 1.69-acre parcel of land, subject to RM-15 (Multiple Family Dwelling) District. The subject property is in Section 21-46-43 and is located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street. The Planning and Zoning Board at a meeting held on April 22nd, recommended by unanimous vote that the property be annexed as RM-15, which is in conformance with the City's Land Use Plan. This property is presently zoned in the County as CG (General Commercial). It is recommended that the City Attorney be instructed to prepare the ordinance effecting the annexation. Mr. Bird moved that the City Attorney be instructed to draft the ordinance effecting the annexation, seconded by Mr. Young. Said motion passed unanimously. 9.h. The City Manager reported that a petition from Michael Tartza for County rezoning and special exception to allow a funeral home will be considered on May 15th before the County Planning Commission ~nd on May 29th before the Palm Beach County Board of Commissioners. The subject property is located at the southwest corner of the intersection of Conklin Drive and Military Trail. This request is in violation of the City's Land Use Plan which designates this area for single family development. It is recommended that Council indicate its wishes so response can be made to the County. Mayor Weekes pointed out that this property is located on the west side of Military Trail. Mr. Bird moved that they do nothing. After discussion, Mr. Bird withdrew the motion. It was the consensus of Council to do nothing. Mayor Weekes declared the meeting adjourned at 8:10 P.M. Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of April 28, 1980, which minutes were formally approved and adopted by the City Council on~7'~ /~. /~. 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 - 4/28/80