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09-23-80 SEPTEMBER 23, 1980 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, September 23, 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 Mayor Leon M. Weekes. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for the approval of the minutes of the regular meeting of September 9, 1980, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Young commented that he had a notification that the street lights on Atlantic Avenue and north of Casuarina on the east side have been on for the last two weeks. Mayor Weekes noted that the light on N.W. 18th Street was on also for the last couple of mornings. 4.b.1. Mayor Weekes stated he had the great pleasure last week to accept on behalf of Mr. Mariott, who was out of town, the Bill Carlton award from the Florida Shore and Beach Preservation Association, named after the former Director of the Department of Beaches and Bureau of Beaches and Shores for the State of Florida. This award was presented to Mr. Mariott for his~-outstanding contribution to beach preservation in the State of Florida, at the meeting of September 18, 1980, in Palm Beach. The Mayor stated he thought Mr. Mariott deserves a round of applause. Mr. Mariott thanked Mayor Weekes for appearing and accept- ing the award on his behalf. 4.b.2. Mayor Weekes advised that Council has scheduled a workshop session on the 81-82 Budget for the 5th Tuesday of the month, Septem- ber 30, 1980, and since he will be away on vacation at that time and will not be able to attend, he is asking that Council defer that meeting until he can be present. He felt September 30th was an appro- priate time but asked Council to grant consideration and reschedule for two weeks later, v Mr. Bird stated he is correcting the word "workshop" to a "scheduled formal meeting", and thinks the Administration is ent. itled to as much time as can be allowed them to make sure that their budget preparation coincides with Council's instructions. It'was the consensus of Council to schedule the special meeting for Monday night, October 20, 1980. Mayor Weekes asked the City Manager to have someone call Council tomorrow to verify the date. 5.a.1% Mrs. Elizabeth Matthews, 1024 White Drive, asked whether or not Council is prepared to take any position on the County's pro- posed budget. It appears to be about a third higher than last year. Several things should be considered; they are considering paying for a new jail in two years and this is a very high millage to put upon the citizens of this County. She had heard that the County Commission has made no attempt to cut this budget in any way; they have simply added to it. It is her opinion, and that of the Association she repre- sents, that it would be advisable for Council to consider whether they should protest in the name of the Delray Beach citizens. There are a large number of items built into the budget that cannot be cut, but her understanding is that the possibility of one-half of the increase over last year's County budget can be cut very severely. Mr. Scheifley stated he had serious reservations about Council taking a position on the budget at this late date. This is similar to someone coming in and making major recommendations to Council after they have been considering and working on the budget for several months. He agrees there are things we either like or do not like, but it is too late to get into it. Mr. Bird stated that the greater good is done by the Associations and the Voters' Groups, who feel very strongly about the County's improprieties. In the final analysis, politically, it is the voters who they have to turn to every four years to be re-elected. Council does not represent the citizens directly as far as our thoughts on the County's budget process, and if you have any thoughts on this, you should communicate them to the County. Mrs. Durante concurred and added that she felt Organiza- tions such as the Beach Property Owners Association and various other organizations can have more affect on the County Commissioners than we can as a body of Council members on that particular item. Mr. Young advised that there has been some input through the Palm Beach Municipal League. He has spoken to two Commissioners himself regarding this without any success. For the ~- Public's information, there is going to be a public hearing in Boca Raton City Hall, which he was advised of by Mr. Gregory. Mayor Weekes suggested that the press publicize this in their papers so that all the citizens of Palm Beach County will know when the publi~ hearing will be held and will be able to attend if they choose to do so. Mr. Young stated that he will make an attempt to find out the date and will notify the reporters. 6.a.1. The City Manager reported that the City is behind in the lot mowing program; weeds are very high in some parts of the City and people are very interested in it. The lot mowing crews are now in Tropic Palms; in a day or two they will be going to Tropic Isle and then to the beach area. They are scheduled to be in the beach area sometime this coming week. There are three reasons why the program is behind schedule: (1) both pieces of the City's equipment are broken down. (2) the person in charge of the program has been in and out of the hospital quite a bit, which has certainly put a damper on the program. (3) it seems as though every time we get set for a big mowing day, it has been raining in recent times. The equipment is back in operation now and a third mowing machine has been added, which was pulled from another area of City's responsibility, so that we will be able to have the third machine to help get caught up. The City is bringing back the former employee who was in charge of the lot mowing program, who left for private business, on a part time basis during this iterim period. The program should be back on schedule shortly. 6.a.2. The City Manager reported that Council's informal decision during Budget workshop session was to increase the golf cart rental fee at the Delray Beach Country Club for the winter season from,S10.00 to $12.00. Thoughts were that by October 1, 1980, the beginning of the fiscal year, that we would automatically institute the increase on that day. If there are no objections, the increase will not be insti- tuted prior to November 1, 1980. 6.b. The City Manager reported that approval of an agreement to provide water and sewer service to serve Federal Plaza, Phase II, - located outside the City at the northwest corner of Atlantic Avenue and Military Trail is recommended. Council authorized drafting the agreement at its September 9th meeting. Upon question by Mr. Bird, the City Manager stated that he sent Council a memo on this. For those Council members who did not yet receive the memo, Mayor Weekes outlined the contents of it. The City Manager further reported that the design capacity of the present expansion of the water plant was arrived at based on build-out of the City at that particular time (several months ago). At that time two conditions were different: (1) they planned to annex more land into the City than they do now; now they are stopping at Military Trail; and (2) Council has reduced densities by reducing the ultimate population of the City. Taking these points into considera- tion, it is estimated that there will be sufficient capacity. - 2 - 9/23/80 191 The City Attorney advised that the motion should indicate that the property is the 27 acres on the northwest corner of Military Trail and Atlantic Avenue; and that there are two organizations involved; Federal Plaza and Mitchell Company. Mrs. Durante moved for the approval of the agreement to provide water and sewer services to the property as described by the City Attorney, seconded by Mr. Bird. Said motion passed unanimously. 6.c. The City Manager reported that it is recommended that Council approve the execution of a Developers Utility Service Agree- ment with Dimentional Builders, Inc. for the providing of water and sewer service to the area described as Rainberry Bay, Section V. In accordance with City policy, a check in the amount of $5,900 has been deposited in the Developers Fund to cover 59 units @ $100 each. Approval is recommended. Mrs. Durante moved for the approval of the execution of the standard Developers Utility Service Agreement, Rainberry Bay Section V, seconded by Mr. Young. Said motion passed unanimously. 6.d. The City Manager reported that as discussed at the Sep- tember 16th workshop meeting, Council is to consider the appointment of Julius Friedman as an alternate member of the Financial Advisory Board to a term ending April 12, 1982. Mr. Bird moved that Julius Friedman be appointed as an alternate member of the Financial Advisory Board to a term ending April 12, 1982, seconded by Mrs. Durante. Said motion passed unani- mously. 7.a. The City Manager reported that a communication has been received from Community Chest Services of Delray Beach requesting permission to solicit funds from February 9th through Febr'uary 23, 1981, approval of which is recommended by the Solicitations Committee. Mr. Scheifley moved for approval for the Community Chest to solicit from February 9th through February 23, 1981, as approved by the Solicitations Committee, seconded by Mr. Young. Said motion passed unanimously. 7.b. The City Manager reported that the City is in receipt of an application from R.P. McTeague for City water service to serve Lots 1, 2 and 3, Block 5, northwest corner of S.W. 4th Avenue and South- ridge. The property is vacant at present and the proposed use is for five multi-family townhouses. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicant. The City Manager stated that there could be a zoning problem in this case. The City's Land Use Plan shows Single Family Use. Council may refer this to the Planning and Zoning Board or take some other action. This is called to Council's attention because the planned use does not conform to the City's Land Use Plan. Mr. Scheifley suggested that this be referred to the Planning and Zoning Board to get the zoning settled. Mayor Weekes advised it is already single family under the City's Land Use Plan and they are building under the County zoning. Mrs. Plume stated that she doesn't understand why other areas considered County pockets are receiving water even though they are not in agreement with our Land Use Plan. The Mayor asked the City Attorney whether the Council truly has any right to withhold water service assuming we have the water capacity. This comes up frequently where there are discre- pancies between the County Zoning and the City's Land Use Plan. The City Attorney advised that there is a recent case involving the City of Boca Raton which he is trying to get a copy of. The case was - 3 - 9/23/80 1.92 decided by the Fourth District Court of Appeals and there are no other decisions in Florida specifically on this point. Upon question by Mayor Weekes, the City Attorney replied the decision was in favor of the City, but that he wanted to see the specific language of the opinion to see if it really is as supportable of that concept as he thought it was. Mayor Weekes suggested this be deferred for three months; Mr. Bird felt this was excessive and asked the City Attorney if thirty days would be sufficient time. The City Attorney replied, yes. Mr. Bird moved that this item be tabled for thirty days, seconded by Mr. Scheifley. Said motion passed unanimously. 7.c. The City Manager reported that the City is in receipt of an application from the Century National Bank of Broward as Trustee _ Under the Will of Max Diamond for City water service to serve 2512 North Federal Highway, approximately 1/4 mile south of Place Au Soleil entrance. The proposed use of the property is for construction of a lounge. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicant. Mr. Bird moved to approve the execution of the City's standard water service/annexation agreement with Century National Bank of Broward as Trustee Under the Will of Max Diamond, seconded by Mr. Young. Said motion passed unanimously. 8.a. The City Manager reported that the following quotations have been received to remove and relocate the existing fence and in- stall approximately 520 feet of chain link fence on the north side of Robert P. Miller Park in order to prevent any further dumping. Bidder Quotation Frank English, Fence Contractor $2,050.00 Lantana Southern Fence Company 2,629.00 Boca Raton Apache Fence, Inc. 2,712.00 Ft. Lauderdale Bill Overton's Budget Fence 3,170.00 Company West Palm Beach It is recommended that the contract be awarded to the low bidder, Frank English in the amount of $2,050.00 by passage of REsolution No. 76-80, with funding to come from the General Obligation Bonds, Series 1980. The City Manager presented Resolution No. 76-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT TO REMOVE AND RELOCATE THE EXISTING FENCE AND INSTALL APPROXI- MATELY 520 FEET OF CHAIN LINK FENCE AT ROBERT P. MILLER PARK ON THE NORTH SIDE, LOCATED AT 1905 SOUTHWEST 4TH AVENUE, DELRAY BEACH, FLORIDA. (Copy of Resolution No. 76-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 76-80 awarding the contract to Frank English in the amount of $2,050.00, 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. - 4 - 9/23/80 193 Before roll call City Manager distributed a written report on Phase 2 of Miller Park to Council for informational purposes. At this point the roll was called to the motion. 8.b. The City Manager reported that it is recommended that the streets and storm drains in The Estates Subdivision be accepted as operational by adoption of Resolution No. 77-80. The City Manager presented Resolution No. 77-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN THE ESTATES SUBDIVISION ACCORDING TO PLAT BOOK 38, PAGES 61 AND 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORManCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. Copy of Resolution No. 77-80 is on file in the official Resolution Book) Mr. Bird moved for adoption of Resolution No. 77-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young -Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported it is recommended that the sanitary sewers and water utilities in The Estates Subdivision be accepted as operational by adoption of Resolution No. 78-80. The City Manager presented Resolution No. 78-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN THE ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK 38, PAGES 61 AND 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRIS- ING THE FOLLOWING LOCATIONS: FROM THE INTERSECTION OF HAMLET DRIVE AND ESTATES DRIVE, THENCE RUNNING DOWN ESTATES DRIVE TO THE END OF THE CUL-DE-SAC, AS OPERA- TIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 78-80 is on file in the official Resolution Book) Mr. Bird moved for the adoptiOn of Resolution No. 78-80, 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.d. The City Manager reported that a bid has been received from J.M.G. Tile Company (the only bid submitted) to install ceramic tile on the floor of the men's bathroom in the Clubhouse of the Delray Beach Country Club for $927 with funds to come from the 1978 Utility Tax Revenue Bond Issue. Approval is recommended by adoption of Reso- lution No. 79-80. The City Manager presented Resolution No. 79-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FUNDING FOR THE INSTALLATION OF CERAMIC TILE ON THE FLOOR OR THE MEN'S BATHROOM IN THE CLUBHOUSE OF THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 79-80 is on file in the official Resolution Book) - 5 - ~23/80 Mr. Scheifley moved for the passage of Resolution No. 79-80, 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.e. The City Manager reported that Resolution No. 80-80 requiring plans, specifications and estimate of cost for constructing pavement and subsurface drainage system to serve the unpaved portion of the block between N.E. 3rd Avenue and the FEC Railroad tracks, north from N.E. 3rd Street is before Council for consideration. The estimated cost for constructing pavement and a sub- surface drainage system is $16,000. Council at its September 9th meeting, approved initiation of this special assessment project, with the City paying the usual 20% of the cost. The City Manager presented Resolution No. 80-80: - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST FOR CONSTRUCTING PAVEMENT AND A SUB- SURFACE DRAINAGE SYSTEM TO SERVE THE UNPAVED PORTION OF THE BLOCK BETWEEN N.E. 3RD AVENUE AND THE F. E. C. RAILROAD TRACKS, EXTENDING 430 FEET NORTH FROM N.Eo 3RD STREET. (Copy of Resolution No. 80-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 80-80, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley -Yes; Mr. Young - Yes; M~ayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Resolution No. 81-80 to readopt the 1979-80 budget to provide appropriations for the operation of the City until such time as the 1980-81 tentative budget is adopted has been prepared for Council consideration. The City Manager presented Resolution No. 81-80: A RESOLUTION TO READOPT THE 1979-80 BUDGET OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE APPROPRIATIONS FOR THE OPERATION OF THE CITY UNTIL SUCH TIME AS THE 1980-81 TENTATIVE BUDGET IS ADOPTED. (Copy of Resolution No. 81-80 is on file in the off. icial Resolution Book) Mr. Bird moved for the adoption of Resolution No. 81-80, 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.~. The City Manager reported that Ordinance No. 51-80, amend-_ ing Chapter 10.5 "Cemeteries" of the Code of Ordinances, increasing the deposit in the perpetual care fund from 10% to 25% is before Council for consideration on First Reading. This was discussed at budget workshop. The City Manager presented Ordinance No. 51-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10.5 "CEMETERIES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMEND- ING SECTION 10.5-48(b) TO INCREASE THE DEPOSIT IN THE PERPETUAL CARE FUND; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the Ordinance. - 6 - 9/23/80 195 Mr. Bird moved for the adoption of Ordinance No. 51-80 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. 52-80 making tentative appropriations of sums of money for all necessary expendi- tures from October 1, 1980 through September 30, 1981, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 52-80: AN ORDINANCE MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1980, TO THE 30TH DAY OF SEPTEMBER, 1981; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCE, AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCONSISTENCY. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 52-80 on First Reading, seconded by Mr. Scheifley. Before roll call, the following discussion was had: Mr. Bird asked for the absolute deadline. The City Attorney advised that the budget .calendar that has been distributed to Council calls for this to be adopted on October 2nd. The earliest time that it can be adopted under the "TRIM Bill" is between sixty and seventy-five days after the certification of value; that occurred on August 1st. After the tentative budget is adopted, within fifteen days after that the City must advertise for the final budget, and within three days after that, adopt the final budget. Upon question by Mr. Bird, the City Attorney advised that City Council would not be precluded from making an amendment at the final budget hearing; these requirements are a combination of the "TRIM Bill", the Home Rule Act and the City Charter. The City Attorney asked that one sentence be added to the caption, "except Resolution No. 81-80". Upon question by Mr. Bird, the City Attorney advised that it will not have to go back to public hearing again. Public hearings on the allocation of Federal revenue sharing have already been held and received the comments of the public on what they would like to see it spent on, so it is up to Council now to allocate it. Mrs. Durante amended the motion to include "except Reso- lution No. 81-80", 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 was passed with a 5 to 0 vote. Mayor Weekes stated that the "TRIM Bill" is making every public official in the State of Florida ill. How a responsible Legi- slative Body could pass this is beyond his comprehension. It is absolutely an untennable thing for all of us, not just the Cities but the Counties and every other taxing district in the State of Florida to live with. He hopes something can be done about it in the next session of the Legislature. Upon question by Mr. Scheifley, the City Attorney advised that if the people approve the Homestead Act and it goes to $15,000, $20,000 and $25,000, it cannot take effect unless the assessment roll goes to 100%. 8.i. The City Manager reported that Ordinance No. 53-80 making ~inal appropriations of sums of money for all necessary expenditures from October 1, 1980 through September 30, 1981 is before Council for consideration on First Reading. - 7 - 9/23/80 The City Manager presented Ordinance No. 53-80: AN ORDINANCE MAKING FINAL APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1980, TO THE 30TH DAY OF SEPTEMBER, 1981; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCE, AND ALL RESOLUTIONS AND ORDINANCES INCON- SISTENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCON- SISTENCY. The City Manager read the caption of the Ordinance. Mrs. Durante moved for the passage of Ordinance No. 53-80 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: Mr. Bird suggested a workshop on this item be held when the numbers are reall- ocated in order to balance a gap within the constraints of the law before second and final reading. The Mayor agreed with Mr. Bird. The City Attorney advised that October 9th is the date for final adoption of the budget; it will have to be before that date, or at that meeting. The Mayor noted that at that time, no one will know as yet what the homestead exemption will be; the assessed valua- tion will not be known either and he sees no way that a new millage could be set. Mr. Young commented that if the referendum does go through, it will make a difference of 37 million dollars to the ad valorem tax base of this City. At this point the roll was called to the motion. 8.j. The City Manager reported that Ordinance No. 54-80 estab- lishing the City's millage rates for the 1980-81 fiscal year is before Council for consideration on First Reading. The ordinance is in conformance with prior discussions and actions with respect to the establishment of the City's 1980-81 budget. The City Manager presented Ordinance No. 54-80: AN ORDINANCE TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERA- TION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND. INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. The City Manager read the caption of the Ordinance. Mrs. Durante moved for the passage or Ordinance No. 54-80, 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.k. The City Manager reported that Ordinance No. 55-80, amend- ing Chapter 2 "Administration" of the Code of Ordinances relative to removal of municipal board or commission members is before Council for consideration on First Reading. This was discussed at the September 16th workshop meeting. The City Manager presented Ordinance No. 55-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" BY ADDING ARTICLE VII TO BE ENTITLED "REMOVAL OF MUNICIPAL BOARD OR COMMISSION MEMBERS", PROVIDING THAT SUCH MEMBERS APPOINTED FOR A FIXED TERM MAY BE REMOVED BY THE CITY COUNCIL UPON FOUR AFFIMATIVE VOTES FOR REMOVAL, AFTER NOTICE AND HEARING, FOR INEFFICIENCY, NEGLECT OF DUTY AND OTHER JUST CAUSES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 8 - 9/23/80 19'7 The City Manager read the caption of the Ordinance. Mr. Bird moved for the adoption of Ordinance No. 55-80 on the First Reading, 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. Before roll call Mr. Bird asked the Press to note as diligently as they can the fact that the extraordinary vote which many of them commented on editorially last week, was made a part of this ordinance by workshop action back on the 16th of September before any of their articles appeared. If any member of the citizenry read those editorial comments and was concerned that we might take capricious action, perhaps they could lay those concerns to rest. At this point roll was called to the motion. 9.a. The City Manager reported that the Planning and Zoning Board at a meeting held September 15th, recommended by unanimous vote that the conditional use to allow a church and attendant educational and recreational facilities for Church of God, located east of Barwick Road, between Lake Ida Road and Boulevard Chatelaine, be approved subject to: 1) City Engineer's memorandum of September 15th. 2) Director of Public Utilities memorandum of August 12th. 3) A time limitation of 12 months be set for development of the project. 4) The Reverand Escoe receiving approval from the Chatelaine Homeowners Association for any additional recreational facilities over and above what is presently existing. Council may either act on this request or refer to workshop. Mr. Young moved to refer this item over to workshop, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, Mr. Young stated he was not sure as to what they intended to do there. In a report he received from speaking with the minister, who was very evasive as to what they were going to do, it is a question of the hours of the lights, etc., to the disturb- ance of the abutting citizens and he would like some clarification on these points. Mrs. Plume stated they didn't get into that. They looked into site plans; and they were dealing with the use of the property. If they modify what is on the lot they would have to come back to the P&Z Board for approval. The public's main concern was the recrea- tional use of this property and the Planning and Zoning Board was assured that they would not change anything without approval of the Homeowner's Association of Chatelaine. Everything seems to be in agreement. At this point roll was called to the motion. 9.b. The City Manager reported that the Planning and Zoning Board at a meeting held September 15th, recommended by unanimous vote that the conditional use to allow a dental office for Dr. Ritota, located at the southeast corner of U.S. No. 1 and Tropic Isle Drive be approved, subject to: 1) City Engineer's memorandum of September 15th. 2) Director of Public Utilities memorandum of August 18th. 3) A time limitation of 12 months be set for development of the project. 4) Obtaining a long term lease to provide the five additional parking spaces as required by the zoning ordinance on the property to the north. Mr. Bird ~moved to sustain the recommendation of the Plan- ning and Zoning Board, seconded by Mr. Young. Said motion passed unanimous 1 y. - 9 - 9/23/80 9.c. The City Manager reported that the Planning and Zoning Board at a meeting held September 15th, recommended by unanimous vote that the conditional use to allow a professional office building for Dr. Westine, located south of N.E. 8th Street, between N.E. 3rd Avenue and the FEC Railroad be approved, subject to: 1) City Engineer's memorandum of September 15th. 2) Director of Public Utilities memorandum of August 12th. 3) A time limitation of 12 months be set for development of the project. Mrs. Durante moved that we sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Bird. Said motion passed unanimously. 9.d. The City Manager reported that the Planning and Zoning Board at a meeting held September 15th, recommended by unanimous vote that the site and development plan for Banyan Woods, located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street be approved, subject to: 1) City Engineer's memorandum of September 15th. 2) Director of Public Utilities memorandum of August 5tho 3) A time limitation of 18 months be set for development of the project. The City Manager called specific attention to Item (1) of the three items listed. This has to do with the name of the develop- ment; it is listed on the agenda as Banyan Woods,and the Banyan Tree Village residents hav~ asked that the name Banyan Woods not be approved by the City for obvious reasons. The Planning and Zoning Board agreed with them and recommended that approval be granted by unanimous vote of the Planning and Zoning Board subject to the three items indicated, one of which is in the City Engineer's memorandum that the name be changed. Mrs. Durante stated that the name would be confusing to the Fire Department also, paramedics, etc. Mr. Steve Johnson of F. Louis Wolff Architects, Represen- tative of the Developers, stated they felt it was rather ridiculous to change the name but his client would consider changing the name. Mr. Charles Kilgore, Banyon Tree Village, 1601 South Federal Highway, representing the association, stated they object to the name of Banyan Woods simply because it could be very confusing and the properties are adjacent to each other; it could be confusing to police and fire service, etc. Mr. Bird moved to sustain the recommendation of the Plan- ning and Zonin~g Board in regard to the development excluding paragraph 4 of the City Engineer's recommendations, seconded by Mr. Scheifley. Said motion passed unanimously. 9.e. The City Manager' reported that the Planning and Zoning Board at a meeting held September 15th, recommended by a vote of 6 to 1 (Plume dissenting) that the conditional use, site and development plan for CrosswindS, located on the south side of Linton Boulevard, between the E-4 Canal and Dover Road if extended south be approved subject to: 1) City Engineer's memorandum of July 21st. 2) Director of Public Utilities memorandum of July 14th. 3) A time limitation of 18 months be set for development of the project. 4) The developer be responsible for the road impact fee for Linton Boulevard. Ms. Blanche Patterson, 1110 Boxwood Drive, Pines of Delray advised that she attended the Planning and Zoning Board meeting and she feels that it is an exceptional concept and is very much in favor of the development. It will enhance the area and she is looking forward to having a prestigious community in this area. She feels - 10- 9/23/80 this is more advantageous to the City and to all the adjacent property owners that these are more expensive homes, 61 homes with values of $85,000 to $105,000. Mr. Bird stated that Bob Hutzler, a member of the County's Planning and Zoning Board, was concerned about carrying through the Homewood Boulevard extension to the Germantown Road and adding addi- tional traffic to that already fairly heavily utilized thoroughfare. Mr. Bird asked Mr. Miller, the developer, if it would not perhaps be better to carry Homewood Boulevard extension into their property somewhere where it could serve his property and the property east of this development so that it did not represent any additional traffic flow on Germantown Road. Mr. Miller replied it was not to their advantage to run Homewood all the way through to Germantown Road; however, on the master plan it shows it as one of the main arteries going through to Germantown Road. Mr. Church, the City Engineer, insisted right at the outset and the Planning Board agreed with him, that that road should be carried through to Germantown Road. Everything was designed around this recommendation. Mr. Bird asked Mr. Miller if it would greatly affect their plan, as proposed, if they were to ask Engineering to reconsider the limited traffic and cul-de- sacing Homewood Boulevard short of Germantown Road. Mr. Miller replied he would certainly give it consideration. Mayor Weekes suggested approving the site plan and ask Mr. Miller to meet with the Engineering Department. If they decide to recommend such a change, it might be in the wisdom of the Planning and Zoning Board to make a minor modification to the site plan. If not, then they will just have to come back to Council for modification. Mrs. Durante was not in favor of dropping the possible extension of Homewood Boulevard. Mr. Scheifley moved that Council sustain the recommenda- tion of the Planning and Zoning Board for the Crosswinds Development, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call the following discussion was had: Mayor Weekes advised that he had received several letters, raising questions concerning the development, primarily with regard to concern with the traffic on Linton Boulevard. The record should show publicly that for those people who aren't aware of it that this site plan and this development plan will include the four-laning of Linton Boulevard down to where the four-lane now enas at the intersection of 1-95, and that the County presently has underway specification and plans for six- laning Linton from 1-95 to Military Trail. The concern of the traffic being generated by this project should be taken care of by the time there are people living there either on an interim basis by the developer or on a long term basis by the County through the improve- ment to Linton ~Boulevard. Mr. Bird commented that it might be appropriate to note that the traffic signal should be in place at that intersection well in advance of any development according to Mr. Gregory's office. At this point the roll was called to the motion. Mayor Weekes declared the meeting adjourned at 8:15 P.M. '~ City clerk ATTEST: MAYOR - 11- 9/23/80 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 September 23, 1980, which minutes were formally approved and adopted by the City Council on . City Clerk NOTE TO READER: If the minutes that you have received are not com- pleted 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. - 12 - 9/23/80