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07-22-80SpMtg 129 JULY 15, 1980 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, July 15, 1980, with Mayor Leon M. Weekes presiding, Acting City Manager Thomas E. Weber, City Attorney Roger Saberson and Council Members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley and Willard V. Young present. Mayor Weekes called the meeting to order and announced that same had been called for the purpose of considering retaining expert witnesses in regard to the Paul Wymbs Civil Service Case. The City Attorney advised that each of the Council members has the background information regarding this case and the reasons why the expert witnesses are being requested; a psychologist to be retained at a rate of $75 an hour and a criminologist at the rate of $60 an hour. The City Attorney requested authorization to that effect. Upon question by Council, the City Attorney advised he would rather not set a limit as it might tend to stop preparation of the case in midstream. He reported that the total between the two would come to approximately $7,000, and estimated that the proceedings would go two to three days. Mr. Bird moved that Council authorize the City Attorney to proceed with the case and hire such expert witnesses as he deems appropriate, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 7:04 P.M. ~ity Clerk ' ATTEST: M'~Y 6 R ..... The undersigned is the City Clerk of the City of Delray Beach and the information provided herein is the minutes of the meeting of said City Council of July 15, 1980, which minutes were formally approved and adopted by the City Council on ~~/ ~.~ ×~ o . · ~ci~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. 131 JULY 22, 1980 A regular meeting of the city Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, July 22, 1980, with Mayor Leon M. Weekes, presiding and Acting City Manager Thomas Weber, 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 Dr. Mary Kupferle, Unity of Delray Beach. 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 July 8, 1980 and the special meetings of July 8, 1980 and July 15, 1980, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mrs. Durante noted that during Mayor Weekes' first year as Mayor, most of their meetings were three hours, the second year, most of their meetings were two hours and this, being his third year as Mayor, most of their meetings are down to one hour. 4.b.1. Mayor Weekes stated that he has a letter from John Mayer, Deputy Mayor of the City of Boca Raton, regarding the Palm Beach County Commission's workshop on the Fair Tax Council on July 23 at 9:30 A.M. in the Commission Chambers. He hopes that they will be able to have some- body there to represent the City Council of Delray Beach. Mr. Young replied that he cannot go but he has made arrange- ments that they will be represented at the meeting. 4.b.2. Mayor Weekes stated that at almost every Council meeting, they have one or two requests to expand the authorized uses in a given zoning district. No matter how many appropriate uses you desig, nate, there's no way you can designate all the appropriate uses in a given zoning district. Consequently, people come in with appropriate uses and ask Council to amend the ordinance to approve them. He feels they should seriously consider adding some kind of a phrase to the zoning ordinances, particularly in the commercial districts, which would say something similar to: and other like uses if approved by some committee, possibly the Planning Director, Chairman of the Planning & Zoning Board and the Chief Building Official. It was the consensus of Council to have this on the next workshop agenda. 5. There were no public requests from the floor. 6.a.1. The Acting City Manager reported that Resolution No. 63-80 to ratify the engineering contract between the South Central Regional Wastewater Treatment and Disposal Board and Russell & Axon is before Council for consideration. The Acting City Manager presented Resolution No. 63-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RATIFYING THE ENGINEERING CONTRACT BE- TWEEN THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND RUSSELL AND AXON, ENGINEERS- PLANNERS-ARCH I. TECTS, INC. (Copy of Resolution No. 63-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 63-80, 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. 6.a.2. The Acting City Manager reported that Resolution No. 64-80 authorizing the execution of an Official Statement relating to $1,390,000 General Obligation Bonds of the City is before Council for consideration. These are the Bonds that were recently sold to the Trust Company Bank in Atlanta and this is the final Official Statement relating to these bonds. The Acting City Manager presented Resolution No. 64-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN OFFICIAL STATEMENT RELATING TO $1,390,000 GENERAL OBLIGATION BONDS OF THE CITY OF DLERAY BEACH, FLORIDA. (Copy of Resolution No. 64-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 64-80, 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 City Attorney stated that a copy of the Official Statement will be made part of the record, and that it is available for examination by Council members. At this point the roll was called to the motion. 6.b. The Acting City Manager reported that it is recommended that Council authorize submitting to sale the vessel, Randy VI, confiscated in a drug arrest. Mr. Bird moved for authorization, seconded by Mr. Scheifley. Said motion passed unanimously. Mayor Weekes suggested that they use the same method for disposing of this vessel as was used on the other vessels. Mr. Bird amended-his motion to include Mayor Weekes' suggesL tion, seconded by Mr. Scheifley. Said motion passed unanimously. 6.c. The Acting City Manager reported that as discussed at the July 15th workshop meeting, Council is to give consideration to the appointment of an alternate member of the Civil Service Board to fill the unexpired term of Joseph Bell which ends July 1, 1983. Mr. Bird moved for the appointment of Joel Smith to fill the unexpired term of Joseph Bell which ends July 1, 1983, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes left the Council Chambers for the duration of item 6.d. and Vice-Mayor Bird took the chair. _ 6.d. The Acting City Manager reported that as discussed at the ~workshop meeting on July 15th, C~ouncil is to consider authorizing send- ing a letter of intent to the Delray Hospital Corporation indicating that the City intends to furnish water service to the property in the vicinity of the southwest corner of the intersection of Linton Boulevard and Military Trail, located outside the City. The City Attorney noted that another letter has been pro- vided to Council adding sewer service to that and the applicant will provide them with a legal description for which they'll need authori- zation from Council to attach to the letter. Mr. Scheifley moved to approve the letter as prepared by the Mayor in conjunction with the City Attorney's recommendations with the addition as outlined by the City Attorney, seconded by Mrs. Durante. Said motion passed unanimously. Mayor Weekes returned to the meeting at this time. - 2 - 7/22/80 133 6.e. The Acting City Manager reported that as decided at the July 15th workshop meeting, Council is to have further discussion relative to Capital Improvements. A copy of a letter addressed to the Chairman of the Planning & Zoning Board has been provided to Council. Mr. Bird moved to transmit the letter to the Planning and Zoning as Council's request. Mr. Bird noted that he worked with the City Attorney's office in the drafting of this as requested by Council. Mayor Weekes added, for the benefit of the public, that this item is an extension of a discussion they had two weeks ago in which Mr. Bird asked for Council to try to put together in a priority fashion the capital needs of the community. This letter is to formally request the Planning and Zoning Board to undertake this chore. The letter is a matter of public record and anyone who wants a copy of it is welcome to have it. Mrs. Durante noted that there is a blank space in the letter for the number of days so they will have to include that as part of the motion. Mayor Weekes suggested that Council authorize the Mayor to sign this letter ahd send it to Mr. Carey and then, after having had a chance to study it more closely, he could always write another letter and make whatever changes need to be made, if any. After discussion concerning the time element, it was the consensus of Council to set it at November 15th. Mr. Bird amended his motion to show November 15th, seconded by Mr. Young. Said motion passed unanimously. 6.f. The Acting City Manager reported that as discussed at the July 15th workshop meeting, Council is to consider authorizing obtaining an appraisal relative to property located on North Ocean Boulevard, just north of Thomas Street. Mayor Weekes reported that he contacted an appraiser; the appraiser looked at the land, made some comparables, talked to the owner and came back and said there was no way that he could legitimately appraise the property at the figure which the donor required for his purposes. The appraiser suggested that they not proceed further and he made no charge for his services in that regard. Mayor Weekes suggested that they drop the matter. It was the consensus of Council to drop the matter. 6.g. The Acting City Manager reported that Council is to consider authorizing the exchange of 20 military, 30 caliber carbines owned by the City for 30 Model 64 Smith and Wesson revolvers owned by Jones Equipment Company or for City Council to take such other action in the disposition of the subject property as it deems appropriate after the conclusion of a public hearing in regard to this subject. Council, at the June 24th meeting, authorized advertising this surplus property for sale. The Acting City Manager announced that Mr. Ralph Merritt of Guns of Merritt in Fort Lauderdale has come forward with another pro- posal and he passed out copies of the proposal to Council members. The value of 30 revolvers which they would receive in exchange for the carbines is $3,530.70. Mr. Merritt's proposal is $3,740.00. This makes Mr. Merritt's proposal $209.30 greater than the exchange for the Smith and Wesson revolvers. After discussion with Captain Smith of the Delray Police Department, the Acting City Manager recommended that they take the cash offer of Guns of Merritt in the amount of $3,740.00. 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. - 3- 7/22/80 Mr. Bird moved that the City accept the offer of Guns of Merritt in the amount of $3,740.00 for the 20 caliber carbines, seconded by Mr. Young. Said motion passed unanimously. Before roll call, the Acting City Manager asked Mr. Merritt when he would expect to close this transaction. Mr. Merritt replied that he will bring a cashier's check tomorrow and added, for the record, that he is a Councilman and City Treasurer of the City of Plantation and is required to inform them of this. At this point the roll was called to the motion. 6.h. The Acting City Manager reported that it is recommended that Council authorize execution of an agreement between the City and Edmond and Regina Spence relative to issuing a temporary Certificate of Occu- pancy pending completion of alleyway improvements. This item was tabled at the July 8th meeting at the request of Mr. Spence. The City Attorney recommended approval of the agreement and added that Mr. Spence contacted him during the week and wants to have an item on the next workshop agenda pertaining to the special assessment that he spoke to Council about once before. Mr. Bird moved to approve the agreement between the City and Edmond and Regina Spence, seconded by Mr. Young. Said motion passed unanimous ly. 7.a. Mayor Weekes acknowledged the minutes of the Beautification Committee meeting held on July 2, 1980 and added that there is one item in those minutes for Council attention; a motion was made and passed unanimously that a letter be sent to Lonnie Cook and John Ross Adams thanking them for the generous donation of trees to the nursery. Ron Sanson will take care of the letter. In conjunction with these trees, a motion was made and passed unanimously that Council express to the City Manager their concern that these trees are properly cared for. Someone is necessary to make sure that they are properly watered, fertilized and pruned so that they won't die. It was the consensus of Council to make this request to the Administration. 7.b. The Acting City Manager reported that a request has been received from Sherwood Pontiac - GMC Truck, Inc. for a permit to erect a 40' x 75' canopy tent at the front of the property located at 2400 South Federal Highway for the purpose of conducting a car sale during the period from August 4th through August 11, 1980. A certificate s~ating that the tent has been flame retardant treated has been received. Approval is recommended. Mr. Bird moved for approval, seconded by Mr. Young. Said motion passed unanimously. 8.a. The Acting City Manager reported that Resolution No. 61-80 vacating and abandoning a 16 foot alley, Lakeview Heights, Unit 1, located on the west side of Swinton Avenue, between N.W. 6th Street and N.W. 7th Street, 608 North Swinton Avenue is before Council for con- sideration. The Planning & Zoning Board at a meeting held on July 14th, recommended by unanimous vote that the alley be abandoned. The Acting City Manager presented Resolution No. 61-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A SIXTEEN (16) FOOT ALLEY ABUTTING THE WEST SIDE OF LOTS 3 AND 4, BLOCK iA, LAKEVIEW HEIGHTS, UNIT 1, SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 67, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 61-80 is on file in the official Resolution Book) - 4 - 7/22/80 135 Mr. Bird moved for the adoption of Resolution No. 61-80, 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.b. The Acting City Manager reported that Resolution No. 62-80 requesting assistance from the Palm Beach County Board of Commissioners in providing funding for the maintenance of the City's municipal beach is before Council for consideration. Council, at the workshop meeting on July 1st instructed the City Attorney to prepare the resolution. The Acting City Manager presented Resolution No. 62-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING ADDITIONAL FINANCIAL ASSIST- ANCE FROM PALM BEACH COUNTY FOR OPERATION AND MAINTENANCE OF THE PUBLIC BEACH; PROVIDING AUTHORIZATION FOR THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO EACH MEMBER OF THE BOARD OF COUNTY COMMISSIONERS AND ALL OTHER APPRO- PRIATE PUBLIC OFFICIALS AND AGENCIES. (Copy of Resolution No. 62-80 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 62-80, 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. 8.c. The Acting City Manager reported that Ordinance No. 29-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to trade shops is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the June 24th meeting and discussed at the July 15th workshop 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 Acting City Manager presented Ordinance No. 29-80: AN ORDINANCE OF THE ClTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-15(B) MI (MEDIUM INDUSTRIAL) DISTRICT BY DELETING SECTION 30-15(B) (54) "TRADE SHOPS" AND ADDING AS PERMITTED USES CABINETMAKER SHOPS, CUSTOM FIBERGLASS SHOPS, ROOFING REPAIR SHOPS, SHEET METAL SHOPS, TINSMITH, TRUSS MANUFACTURING, UPHOLSTERY SHOPS, AND BY AMENDING SECTION 30-12(N) (4)'(c) (2) SC (SPECIALIZED COMMERCIAL) DISTRICT, AND SECTION 30-17(H)(2) SUPPLEMENTARY REGULA- TIONS BY DELETING THE TEP~4 "TRADE SHOP" AND BY SUBSTI- TUTING THE PHRASE "NOT EXCEEDING 2500 SQUARE FEET, THE FOLLOWING: SIGN SHOPS, WOODWORKING SHOPS, UPHOLSTERY SHOPS, CUSTOM FIBERGLASS SHOPS, AND CABINETMAKER SHOPS"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 29-80 is on file in the official Ordinance Book) The Acting 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. The City Attorney announced that there is an amendment to the ordinance that was made, simply reversing where the 1500 square feet limitation appeared putting it to the end of the uses rather than at the beginning; that was done to be consistent with other formats used in the Zoning Code for similar types of limitations. - 5 - 7/22/80 The City Attorney further reported that Council had asked that Mel Pendergrass of the Building Department measure some buildings in the area where trade shops are now located as well as buildings where there were not trade shops but that were located within the 100 feet and possibly may have been built for that purpose, as well as warehouse and other uses. There have been several that he's measured that are in excess of the 1500 feet. Upon question by Mr. Bird, The City Attorney replied that they don't have a representative figure but the largest one Mr. Pendergrass saw was the Spence Warehouse which is advertised as being 16,000 square feet maximum for one use. Mr. Pendergrass stated that they range from 1,000 square feet on up to approximately 6,000 square feet, other than the Spence Warehouse. The City Attorney asked Mr. Pendergrass, if he was to pick a square footage limitation that would cover 85% to 90%, what would it be. Mr. Pendergrass replied about 2,500 square feet. The City Attorney added that there are a number of busi- nesses that are going to be made non-conforming by this ordinance. Council may possibly want to consider making these permitted uses in the Specialized Commercial district. Mr. Bird moved for adoption of Ordinance No. 29-80 on Second and FINAL Reading with a change putting the figure 2500 square feet in each place that the figure 1500 square feet appears in the ordinance, 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, Council had further discussion in regard to this ordinance and consented to readdress this ordinance at a later time. At this point the roll was called to the motion. 8.d. The Acting City Manager reported that Ordinance No. 32-80 relative to annexing a parcel of land located north of Atlantic Avenue, between Barwick Road and Almar Boulevard if extended south, 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 June 24th 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 Acting City Manager presented Ordinance No. 32-80: 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 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNI- CIPAL 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. 32-80 is on file in the official Ordinance Book) The Acting 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. 32-80 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. - 6 - 7/22/80 8.e. The Acting City Manager reported that Ordinance No. 34-80 has been prepared for Council consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to "Special Setback Provisions". This ordinance was passed on First Reading at the July 8th 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 Acting City Manager presented Ordinance No. 34-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-16, "SPECIAL SETBACK PROVISIONS", TO ADD A NEW SUBSECTION (N) PROVIDING FOR MINIMUM REAR SETBACKS OF 10 FEET FOR SCREENED PORCHES IN CERTAIN RESIDENTIAL ZONING DISTRICTS WHENEVER AT LEAST 50 FEET OF OPEN SPACE SEPARATES THAT REAR PROPERTY LINE FROM THE NEXT REAR PROPERTY LINE DIRECTLY ACROSS AND ABUTTING SAID OPEN SPACE; PROVIDING FOR A DEFINITION OF OPEN SPACE FOR THE PURPOSES OF THIS SUBSECTION; REQUIRING THAT TO QUALIFY, SUCH OPEN SPACE MUST EITHER CONSIST OF COMMON OPEN SPACE OR BE DEDICATED TO THE PUBLIC OR RESTRICTED TO OPEN SPACE USE BY COVENANTS, DECLARATIONS, EASEMENTS OR DEED RESTRIC- TIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 34-80 is on file in the official Ordinance Book ) The Acting 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 adoption of Ordinance No. 34-80 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.f. The Acting City Manager reported that Ordinance No. 35-80 amending Chapter 30 "Zoning" of the Code of Ordinances relative to accessory buildings is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 8th 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 Acting City Manager presented Ordinance No. 35-80: 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-6(P) RM-6, SECTION 30-7(P) RM-10, AND SECTION 30-8(P) RM-15 MULTIPLE FAMILY DWELLING DIS- TRICTS, TO ADD A NEW SUBSECTION (5) TO PROVIDE THAT IN DUPLEX DEVELOPMENTS, IF THE PARTY WALL IS EXTENDED, ALL ACCESSORY BUILDINGS, STRUCTURES, OR USES MAY BE PLACED CONTIGUOUS TO THIS WALL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 35-80 is on file in the official Ordinance Book) The Acting 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. - 7 - 7/22/80 Mr. Bird moved for the adoption of Ordinance No. 35-80 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.g. The Acting City Manager reported that Ordinance No. 36-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to platting requirements for townhouse developments. This ordinance was passed on First Reading at the July 8th 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 Acting City Manager presented Ordinance No. 36-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1(89) "DEFINITIONS" TO PROVIDE THAT EACH INDIVIDUAL TOWNHOUSE LOT SHALL BE PLATTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 24 OF THE CITY'S CODE OF ORDINANCES AND THAT SECTION 30-17(P)(2) "SUPPLEMENTARY REGULATIONS" BE AMENDED BY ADDING A SUB- SECTION (c) TO PROVIDE THAT EACH INDIVIDUAL TOWNHOUSE LOT SHALL BE PLATTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 24 OF THE CITY'S CODE OF ORDINANCES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. ~36-80 is on file in the official Ordinance Book) The Acting 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. 36-80 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. 8.h. The Acting City Manager reported that Ordinance No. ~7-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to assembly of mechanical parts is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 8th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 37-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-14(B) LI (LIGHT INDUSTRIAL) DISTRICT AND SECTION 30-15(B) MI (MEDIUM INDUSTRIAL) DISTRICT, TO ADD ASSEMBLY OF MECHANICAL PARTS AS A PERMITTED USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 37-80 is on file in the official Ordinance Book) The Acting 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. - 8 - 7/22/80 139 Mrs. Durante moved for the passage of Ordinance No. 37-80 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.i. The Acting City Manager reported that Ordinance No. 38-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to screened pool enclosures is before Council for consideration on First Reading. Council, at the workshop meeting on April 21st, instructed the City Attorney to prepare the ordinance. The Acting City Manager presented Ordinance No. 38-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING ~SECTIONS 30-5(N)(4) AND (5), 30-6(P)(3), 30-7(P)(3), 30-8(P)(3), 30-8.1(R)(9), 30-8.2(R)(9) AND 30-8.3(R)(9) AND ADDING IN EACH ZONING DISTRICT AFFECTED THEREBY A NEW SUBSECTION PROVIDING THAT SWIMMING POOLS UNDER CERTAIN CONDITIONS MAY EXTEND INTO THE REAR AND SIDE SETBACKS, THAT UNDER NO CIRCUMSTANCES WHEN SUCH POOL EXTENSION IS PERMITTED SHALL A SCREENED OR OTHER POOL ENCLOSURE BE ALLOWED BEYOND THE USUAL SETBACK LINES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Acting City Manager read the caption of the ordinance. Mrs. Durante moved for. the passage of Ordinance No. 38-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird- No; Mrs. Durante- Yes; Mr. Scheifley- Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Bird asked why they permit a pool next to the setback line but not a screened enclosure. Mrs. Plume, Planning & Zoning Board, replied that a screen enclosure is a structure and it is a visual obstruction. At this point the roll was called to the motion. 8.j. The Acting City Manager reported that Ordinance No. 39-80 relative to annexing a parcel of land located north of Atlantic Avenue, between Barwick Road and Almar Boulevard if extended south, subject to R-1AA (Single Family Dwelling) District is before Council for considera- tion on First Reading. This property is presently zoned in the County as AG (Agricultural). Council, at the April 14th meeting, requested permission from the Palm Beach County Board of Commissioners to rezone the land to be annexed. Second and FINAL Reading and public hearing will be held at the meeting on August 26th. The Acting City Manager presented Ordinance No. 39-80: 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 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNI- CIPAL 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 Acting City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 39-80 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. - 9 - 7/22/80 8.k. The Acting City Manager reported that Ordinance No. 40-80, amending Chapter 2 "Administration" of the Code of Ordinances relative to "Sale of Real Property" is before Council for consideration on First Reading. Council, at the July 8th meeting, instructed the City Attorney to prepare the ordinance amendment. The Acting City Manager presented Ordinance No. 40-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 2-7(a) AND ENACTING A NEW SECTION 2-7(a) "SALE OF REAL PROPERTY" PROVIDING AUTHORITY FOR THE CITY COUNCIL TO SELL ANY REAL PROPERTY NOT NEEDED FOR CITY PURPOSES, REQUIRING THE PUBLICATION OF A NOTICE OF SALE AND REQUIRING THAT A PUBLIC HEARING BE HELD CONCERN- ING SUCH SALE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Acting City Manager read the caption of the ordinance. Upon questions by Council, the City Attorney explained that the way the current ordinance is set up, the City receives a base bid in the amount of 50% of the assessed value of the property stating the terms and conditions upon which a purchaser wants to buy the property. It is then advertised for two weeks, the City Council holds a public hearing and the sale is consumated. What this does is provde that, rather than having to wait for a buyer to initiate the process, the City can initiate it, provide a notice of sale, and auction the property off or sell it on such other terms and conditions as the City Council de- sires, the only requirement being that the City publish a notice. This particular ordinance includes only real property but personal property is sold this way now as provided by City ordinance. There is no speci- fic requirement as to the size of the ad or the newspaper or the section of the newspaper in which the ad must be published. The only limitation is that it must be a newspaper of general circulation. Mrs. Durante moved for the passage of Ordinance No. 40-80 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. 8.1. The Acting City Manager reported that Ordinance No. 41-80 relative to annexing a parcel of land located at the northeast corner of Seacrest Boulevard and Seacrest Lane, 201 Seacrest Lane, subject to~ R-1AA (Single Family Dwelling) District is before Council for consider- ation on First Reading. Since this annexation request is in conformance with the City's Land Use Plan and the County zoning which is RS (Resi- dential Single Family), it is recommended that Ordinance No. 41-80 be passed on First Reading. Second and FINAL Reading and public hearing will be held at the meeting on August 26th. The Acting City Manager presented Ordinance No. 41-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 1, SEACREST SUBDIVISION, A SUBDIVISION OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTH- WEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 23, PAGE 3, IN THE OFFICE OF THE CLERK OF THE CIR- CUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, -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 Acting City Manager read the caption of the ordinance. - 10- 7/22/80 141 Mr. Bird moved for the adoption of Ordinance No. 41-80 on First 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. 8.m. The Acting City Manager reported that Ordinance No. 42-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to adding exercise facility as a permitted use is before Council for con- sideration on First Reading. This was discussed at the workshop meeting on July 15th. The Acting City Manager presented Ordinance No. 42-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMEND- ING SECTION 30-10(B) CC (COMMUNITY COMMERCIAL) DISTRICT, SECTION 30-11(B) GC (GENERAL COMMERCIAL) DISTRICT, SEC- TION 30-12(B) SC (SPECIALIZED COMMERCIAL) DISTRICT, SECTION 30-13(B) CBD (CENTRAL BUSINESS) DISTRICT, AND SECTION 30-13.1(B) LC (LIMITED COMMERCIAL) DISTRICT TO ADD "EXERCISE FACILITY" AS A PERMITTED USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Acting City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 42-80 on First 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. 8.n. The Acting City Manager reported that Ordinance No. 43-80, a~ending Chapter 30 "Zoning" of the Code of Ordinances relative to pro- fessional office category is before Council for consideration on First Reading. This was discussed at the July 15th workshop meeting. The Acting City Manager presented Ordinance No. 43-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMEND- ING SECTION 30-7(C)(12) RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT TO ADD THE WORDS "MAY BE ALLOWED IN THAT GEO- GRAPHICAL AREA AS DEFINED IN SUBSECTION 30-7(Q)", AND FURTHER AMENDING SECTION 30-7 TO ADD A SUBSECTION (Q) SPECIAL USES, TO READ "PROFESSIONAL OFFICES AS DEFINED IN SEC. 30-7(C) (12) ARE ALLOWED IN THE RM-10 ZONING DISTRICT WHEN APPROVED AS A CONDITIONAL USE (SEC. 30-21) AND ONLY WITHIN THE GEOGRAPHICAL AREA WHICH IS BOUNDED ON THE NORTH BY N.E. 9TH STREET, ON THE SOUTH BY N.E. 6TH STREET, ON THE EAST BY THE F.E.C. RAILROAD, AND ON THE WEST BY N.E. 2ND AVENUE"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Acting City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 43-80 on First Reading, seconded by Mrs. Durante. Mayor Weekes stated that he is not going to support this ordinance. What this will really do is create a professional office district and immediately create a substantial number of non-conforming uses of professional offices. He doesn't see that allowing professional offices to be scattered throughout the City is a bad thing; he feels that it is reasonable to have doctors' offices, dentists' offices and other such offices in the neighborhoods close to people. He doesn't believe they should be creating what, in effect, will become a profes- sional office district. Mr. Bird withdrew his motion and Mrs. Durante her second. - 11 - 7/22/80 Mrs. Durante stated that professional offices such as the ones named here are really the only commercial type of operation which are allowed in residential districts anyway. These professional offices that are named here can go in RM-10 and commercial. Mrs. Plume noted that at a recent public hearing, they had two requests asking to stop the encroachment of professional offices in residential sections. Mr. Scheifley stated that he agrees that it would be nice to have physicians and dentists in the residential area but he doesn't think that engineers, attorneys, architects, and those types of people should be in that area. Mr. Wallin, Planning & Zoning Board, stated that many years _ ago it was very necessary to have a physician close to you because they all made house calls; those days are gone. So, why should doctors now be allowed to have their practice in the residential district. Mrs. Durante moved for the passage of Ordinance No. 43-80 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - No; Mayor Weekes - No. Said motion failed with a 3 to 2 vote. 8.0. The Acting City Manager reported that Ordinance No. 44-80 is not yet ready for Council consideration. 9.a. The Acting City Manager reported that the Planning & Zoning Board at a meeting held on July 14th, recommended by unanimous vote that the final plat for Moore's Landing, located north of N.E. 8th Street, between Andrews Avenue and the Intracoastal Waterway be approved, sub- ject to the following: 1) City Engineer's memorandum of June 18th. 2) Director of Public Utilities memorandum of June 12th. 3) Availability of water. 4) That the sidewalk requirement be waived on Andrews Avenue. Mr. Bird moved to sustain the recommendation of the Planning and Zoning Board relative to Moore's Landing, seconded by Mr. Young. A representative of the applicant stated that there was a request that Mrs. Moore deed five feet to the City for an easement for Andrews Avenue. She has been down-zoned over the years from 60 units to 15 units on that particular site and her concern is that in the future, that five feet may, in fact, take away a unit that she has right now. She would not be opposed to granting an easement as long as she could count that square footage. She's also in the process of getting an _ easement for water drainage over the site for excess water that doesn't even involve her property. The City Attorney stated that he has no objection to the City receiving an easement. If they do, the way the ordinances are set up currently, they could still use that as part of their density calcu- lation. Mr. Bird amended his motion as stated by the City Attorney, seconded by Mr. Young. Said motion passed unanimously. 9.b. The Acting City Manager reported that the Planning & Zoning Board at a meeting held on July 14th, recommended by unanimous vote that the conditional use, site and development plan approval for Old Harbor Plaza, located at the northeast corner of U.S. No. 1 and Linton Boule- vard, which expires on September 26, 1980, be extended for six months until March 26, 1981. - 12 - 7/22/80 Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Young. Said motion passed unanimous ly. 10. Mayor Weekes announced that there will be no workshop meeting ~ext Tuesday night, being the fifth Tuesday of the month. Mayor Weekes declared the meeting adjourned at 8:15 P.M. ATTEST: ~ City Clerk MAYOR Th~ 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 July 22, 1980 which minutes were for- mally approved and adopted by the City Council on~ /2' /~ ' - // 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. - 13 - 7/22/80