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10-28-80 239 OCTOBER 28, 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, October 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, Jam. es H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Reverend Ronald Martin, Cason United Methodist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of October 14, 1980 and the special meeting of October 9, 1980, seconded by Mrs. Durante. Said motion passed unanimously. (Mr. Young abstained from voting on the October 14 minutes as he was not present). 4.a.1. Hr. Bird asked that Council hold a special meeting later this week for a discussion of some of the problems regarding their citizens and police. Mr. Young suggested that they hold that meeting some time next week. Mayor Weekes stated that he will have the Administration find a day next week that will be suitable. 4.a.2. Mr. Bird moved that a consent agenda be initiated this evening and items 6.b., 6.c., 6.d., 6.i., 7.a., 7.b., 7.c., 8.a., 8.b., 8.c., 8.d., 8.e., 8.f. and 8.g. be considered as a consent agenda by Council and be entered as the item to immediately follow 6.a.; that a motion, at that time, be made to approve the entire list; that the motion to adopt the consent agenda will be a motion to take the action indicated in the agenda preface, and that in those ~.instances where there are resolutions, that the motion adopting the consent agenda will adopt all of the resolutions included, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.3. Mr. Bird moved that Council direct the City Attorney to draft an appropriate resolution to make a consent agenda a regular item of business and to have that done in time to be a regular item of busi- ness starting with the next regular Council meeting, seconded by Mr. Young. Said motion passed unanimously. Before roll call, the City Manager advised that they have that scheduled for a future workshop meeting; it has been delayed in order for him to gather information and he is about ready now to go to workshop with it. At this point the roll was called to the motion. 4.b.1. Mrs. Durante stated that she would like the Palm Beach County Municipal League to consider passing a resolution for the County Commission to consider a resort tax for hotels, motels, etc., in Palm Beach County. Both counties to the south of us do have that tax and it is bringing a lot of financial relief to their taxpayers. Mr. Young stated that that has already been brought before the Palm Beach County Municipal League; they have it on their agenda to take into consideration. He agreed to report back on the progress. 4.c.1. Mayor ~'~eekes read a proclamation proclaiming the month of November 1980, as "Pioneer ~'~omen Month". Two members of that organi- zation came forward to accept the proclamation. 4.c.2. Mayor Weekes requested that item 9.a. be moved forward on the agenda. Hr. Bird moved that item 9.a. be moved forward to come after item 5 and before item 6.a., seconded by Mrs. Durante. Said motion passed unanimously. 5.a. James Scott McOwen, 302 N.W 18th Street, executive officer of Delray Beach Soccer League, stated that he has heard that April I, 1981 is the earliest they can see Phase 2 of Miller Park field. It would help if they could get Phase 2 of Miller Park completed by February. He asked if they could get lights at Merritt Park for night practice; wood poles would be sufficient. They need this light by December 1st because that is when their season starts. They also need to use Miller field and American Legion field in the evening for practice. Mayor Weekes asked Dr. McOwen to give him a list of the items and stated that, if Council agrees, he will take the list and personally follow up on it. He added that they might be able to get some assistance in the providing of poles and things of that nature. 5.b. Mr. Bill Walsh stated that there is a bridge on Island Drive which was started about four months ago. For the last two months, they- have been dragging their feet; the bridge is half done, they have gar- bage all over the street and a jiffy john sitting in front of his house He understands that what's holding up the bridge is a pile driver. Mayor Weekes stated that that is not the case. The problem is that they have to relocate the overhead electric lines; the pile driver cannot operate while the lines are in the way. He called Florida Power & Light and asked them to put a rush on moving those lines. The City Manager added that he had a call from FP&L this afternoon and they informed him that they plan on moving in on the job Thursday of this week. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on July 14th, recommended by unanimous vote that the conditional use in the LC (Limited Commercial) District to allow a 168 room hotel in a six story structure, located at the northwest corner of Atlantic Avenue and A1A be approved, subject to: 1) City Engineer's memorandum of July 14th. 2) Director of Public Utilities memorandum of July 7th. 3) That a development impact fee be assessed to the developer in order to compensate for the removal of 21 parking spaces on Atlantic Avenue, and that these monies be set aside in a special fund to be earmarked for providing parking spaces east of the Intracoastal Waterway. 4) A time limitation of 18 months be set for development of the project. Mayor Weekes announced that Mr. Carey, on behalf of the Planning & Zoning Board will speak first, the developer and his repre- sentatives will speak second, those persons in favor of the project will speak third and those opposed will speak fourth. He asked that those persons for and against the project select a limited number of repre- _ sentatives to present their case; they will have five minutes apiece to speak. Mr. Carey, Planning & Zoning Board chairman, outlined the reasons why the Board arrived at its recommendation. He explained the history of the project. They had told Mr. Walsh that his original plan was totally unacceptable and advised him to try and come up with some- thing more acceptable. In the original plan, the building was five stories high and sat within 25 feet of the street. After having had a series of meetings with Mr. Walsh over many months, the Board recommends to Council the construction of a 168 room hotel on the Seacrest Hotel site. Mr. Carey outlined the things that the Board has asked of Mr. Walsh and which Mr. Walsh has conceded to. The Board spent many hours on this subject and he (Mr. Carey) thinks that the developer went a long way to meet their demands. He thinks they have gotten the best possible siting for that particular location that they could conceivably get under the circumstances. - 2 - 10/28/80 2 11 The City Attorney advised that he delivered to Council a set of conditions and asked if Mr. Walsh is in agreement with the conditions except for nos. 17 and 19. Mr. Walsh replied that he is. Mr. Bill Walsh, developer, gave a presentation. He stated that he has met all of the City requirements as far as parking, green space, etc., and he has approvals from the Planning & Zoning Board, the Fire Department, Engineering, the Community Appearance Board and from the Chamber of Commerce. They want to replace the old hotel with a new one that would be beneficial to the community. He outlined the differ- ences between the old hotel and the new one and noted that the new hotel would provide about 100 new jobs for the community. He passed out to Council a copy of a letter from Mr. Scheifley, who was concerned that a lot of people running businesses on Atlantic Avenue east of the Intra- coastal weren't aware of the project. His (Mr. Walsh's) brother went around with a plan of the property to every business he could get into and all but one were in favor of it. Mr. Robert Currie, architect for the developer, stated that he thinks that the Planning Board was most conscientious in their ef- forts and the plan which they came up with is a benefit to both the owners and the City of Delray Beach. Initially, they had started out with a 200 room hotel; it has been reduced to 168. The overall height is now 12 to 14 feet taller than the existing tower of the old hotel. He explained the layout of the rooms and added that the new hotel will house a restaurant of just over 2000 square feet, a meeting room of just over 3000 square feet and two small shops. Mr. Dan Murray, traffic engineer for the developer, stated that one of the major traffic concerns is the development of Atlantic Avenue so it properly facilitates the access to the hotel site. He developed a conceptual plan which has a lot of compatibility with a similar plan that was developed by Mr. Church, the City Engineer; he explained the plan and the modifications. They redeveloped'the access so that there is only one access on Atlantic Avenue and they developed some internal channelization so no left turns out of that driveway will occur. He outlined several other traffic and parking concerns and concluded that, in his opinion, the facility will handle traffic in a safe and efficient manner with the necessary recommendations. Mr. Twitchell, Vice-President of Ocean Properties Ltd., stated that his company is going to be building and operating the Sea- crest Hotel. His company runs about 22 hotels around the United States! one of the advantages of having a company like this is that you have a company that has some operating experience and has been successful in the management of its hotel properties. There could be a lot of uses on that corner which would be detrimental to the community. They desire to build a good facility which everybody will be proud of. He thinks that the area coverage, the landscape and percentages on this project are the best he has seen in a lot of projects. Speaking from the audience in favor of the project were: (1) Mr. Leo Blair, 1152 Lowry Street, stated that he lives on the beach side close to this development, he owns apartments at the Grove Condominium, directly across the road from this, and he supports this project 100 percent. His brother has two apartments at the Grove Condominium and he also is in favor of it. Also, Louise Brewster asked him to use her name in support of this project. (2) Mr. Bill Ward, 8 East Atlantic Avenue, President of the Delray Beach Greater Chamber of Commerce, stated that a meeting was held on October 1st at which time presentations were made in regard to this project. A motion was made and passed endorsing the project as proposed subject to a satisfactory legal agreement being made by the City in which the developer will provide 18 additional parking spaces on the southwest corner of the property. The motion carried with no dissenting votes. The Chamber of Commerce feels that this growing community needs a hotel. (3) Mr. Alvero Vera, 30 Andrews Avenue, stated that he owns three apartments at the Grove Condominium and he is the Vice-President of the Grove Condominium Assoication. They are right next to this project and they are very much in favor it. - 3 - 10/28/80 (4) Mr. Harvey Brown stated that he has lived in Delray Beach since 1947 and he has watched that corner deteriorate over the years; 3 or 4 different landlords have come in and let that property go to pot. The building has to be replaced; it cannot be used the way it is. He feels that these people have been fair with the City in attempt- ing to put something there that not only meets their needs but meets the City's needs. Speaking from the audience against the project were: (1) Mrs. Elizabeth Matthews, 1024 White Drive, Beach Prop- erty Owners Association, stated that the Association is opposed to the proposed intense use of the hotel; the size, the 74 units an acre. She noted that the City Code does not have criteria by which to determine the number of units allowed in a hotel. Their opposition is based upon the traffic congestion in the height of the season; she outlined the background the AssociatiOn has in being concerned about both traffic an parking in that area. There is no question that Delray is a growing City but if they grow beyond the capacity of Atlantic Avenue and Ocean Boulevard to contain the traffic, the growth isn't going to be the kind of growth that Delray Beach wants. (2) Mr. Ron Sanson, 415 Bluebird Drive, stated that he sees this as a step backwards. LC zoning is intended to provide an area for retail commercial activities located in completely enclosed buildings and to preserve and develop the character of the businesses presently located in the area of East Atlantic Avenue. He doesn't see how this hotel meets that objective. He explained the difference between condi- tional uses and permitted uses. In all the discussion that was given tonight, only technical aspects were mentioned; no aesthetic or environ- mental aspects were mentioned. He urges Council to consider the future of the City. (3) Mr. Robert Hillary, 35 East Road, stated that he is opposed to this project because of the growth of traffic; traffic con- ditions approaching the bridge are often intolerable. This project will certainly add to the traffic problem. (4) Mr. Dean Luce, 36 S. Ocean Boulevard, read a letter he received from Michael Buckley, Vice-President of Alan Bush Brokerage, which stated that if the downtown merchants would be compensated for their loss of parking on Atlantic Avenue, Alan Bush would be in favor of the hotel; the compensations were outlined in the letter. It further stated that a hotel at this site will be beneficial to the business and private sector, but the size of the plan is not in keeping with the quiet, relaxed quality of living which is downtown Delray's greatest asset. Mayor Weekes read a letter which he received from the same gentleman, Michael Buckley, stating that he has no objections and would be in favor of Council supporting this project. Upon question by Mr. Bird, Mayor Weekes added that that communication was a petition in letter form, and it was of a reproduced nature. _ Mr. Luce stated further that no matter how cooperative the developer has been, they still have a six story, high density, traffic clogging, convention hotel. He quoted segments of the minutes from one of the Planning & Zoning Board meetings in which members of the Board spoke of the intensity of the use, traffic in the area, loss of parking on Atlantic, loss of the small town quality, and the economic effect on the City; the Planning Director, at that same meeting, stated that the six story height was too intense. He (Mr. Luce) added that he doesn't think the Board voted this through with very much enthusiasm. (5) Mr. Jack Pitts, 1109 Beach Drive, stated that he feels that this meeting should not include this item. This is a breach of trust with the beach property owners of the City because most of them are still up north. Ten years ago he wrote a letter, which was pub- lished in the Delray Beach News Journal, pointing out that the beach property owners furnished a large part of the City property tax but had little influence on how the City was governed. Since then, the Beach Property Owners Association has come a long way and the present Council has recognized this. He suggests that Council postpone this item until next year when most of the beach property owners will be here. - 4 - 10/28/80 (6) Mrs. Ruth Albright, 400 Seasage Drive, spoke in opposi- tion of the plan. She stated that she's been spending winters in Delray since 1934, she has owned property here since 1957, and her greatest claim is that she picks up all the bottles and beer cans that are left around the garbage area; she has been doing this for nine years. She endorses what Mr. Pitts said, and strongly feels that a traffic study should be made in regard to the school busses and vans that go down A1A. Mayor Weeke~ thanked the public for their comments and for the manner in which they conducted themselves and announced that they will now turn it over for Council discussion. Mr. Bird stated that this City has struggled to reduce densities and it has been a successful effort. He discussed the traffic and parking situation in relation to this project. The parking required by City ordinances has been met by the petitioner for this hotel, but they are being asked to approve a convention hotel and no one has made parking provisions for the convention aspect of this hotel. He out- lined, numerically, the need for parking spaces for the hotel guests, the meeting room, the employees, the restaurant, etc., and came up with a requirement of 313 parking spaces. He noted that the number of park- ing spaces currently provided for in the plan is 259, a shortage of 54 parking spaces. He is also concerned about the replacement of street parking with on-site parking and he outlined the reasons why. In his opinion, this proposal is not compatible with the LC designation. He feels that the City should factor hotels, as the City of Boca Raton does. He submitted that a factor of 3 times the highest density in the area, which is 15, times the 2.26 acres would be an appropriate figure; when rounded off, that figure comes to 102 rooms; that is a high density but not an unacceptable one. Mr. Bird moved that Council approve such a hotel of the density above-described, with a height limitation not to exceed four stories and subject to the conditions which were distributed today by the City Attorney, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - No; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - No. Said motion failed with a 3 to 2 vote. Before roll call, Mr. Scheifley stated that it is his under- standing that this item is before them for either the acceptance or rejection of the Planning & Zoning Board's recommendation and he thinks that this motion is out of order. Mayor Weekes concurred. At this point the roll was called to the motion. Mr. Scheifley praised the developer, Bill Ward and the Chamber of Commerce and the beach property owners for the excellent manner in which they presented their stand. He discussed the project from those three different standpoints. Other factors, which should be considered, are the environment and the quality of life. He offered a solution; he feels this problem can be settled satisfactorily by com- promise if: (1) Mr. Walsh would go to three stories and 120 rooms; (2) the Chamber of Commerce and merchants would be satisfied with 120 new customers every week rather than 168; and (3) the beach property owners would be willing to have a hotel of three stories and 120 rooms on that site. They all want something of quality and dignity. Mrs. Durante stated that Council has to try and make a decision that is best for the City, now and in the future. In making decisions as a Council member, she tries to look at all the facts; the advantages and disadvantages, and the needs and desires of the people. In every step of progress, there are always negative factors. She doesn't like traffic but that is one of the things that has come with progress. Replacing that hotel will result in a better product than what they have. She discussed the number of rooms and added that they should give some consideration to the fact that they could reduce the density down to a point where the property is of no use at all; that would be unfair. Mr. Young stated that two things have been mentioned to him: (1) that the City should maintain the existing hotel as a historical site; and (2) he has been accused of being opposed to a hotel; both of those items are untrue. Although Mr. Walsh has taken care of two of the - 5 - 10/28/80 important traffic problems, he is still not convinced that the traffic problem is solved. He believes that they should have a hotel there but they do not need one with 168 rooms. He does not feel that a 168 room building of the type they plan is something that would do Delray Beach, its merchants or its inhabitants any good whatsoever. Mayor Weekes stated that he will support the recommendation of the Planning & Zoning Board for several reasons. They have a City of 40,000 people and no hotel; this is a tourist-oriented community and they need a first-class hotel. It has been said that this is a conven- tion hotel; it has one meeting room of 3,000 square feet and he cannot understand how anyone could construe this to be a convention hotel. The hotel may afford them somewhere to have a meeting but that is something that is desperately needed in Delray Beach. There have been different numbers mentioned; these numbers are being pulled out of the air. They_ are talking about a very important issue and the Planning & Zoning Boar seemed to feel that 168 rooms was appropriate. In regard to height, th. Dorchester is one of the prettiest buildings in the City and is higher than this building will be. In response to the comments made by Mr. Pitts, he feels that the beach property owners have been fairly heard and articulately represented here. Vice-Mayor Bird took the chair at the request of the Mayor. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board, subject to the conditions that were sent to Council with the City Attorney's letter of October 28th and the note from the City Engineer's memorandum of July 14, 1980, seconded by Mayor Weekes. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - No; Mayor Weekes - Yes. Said motion failed with a 3 to 2 vote. Mayor Weekes returned to the chair and declared a recess, the time being 9:00 P.M. The meeting reconvened at 9:05 P.M. Mr. Bird moved to au.thorize the building of a hotel on the Seacrest site, the density not to exceed 120 rooms and the height not to exceed 4 stories above ground, subject to the limitations set forth in the City Attorney's memorandum today as modified by Mr. Church's' memo- randum of July 14, 1980, and any mutually agreeable change to the con- ditions by both parties would be acceptable to Council. Mr. Bird withdrew the motion upon the advice of the City Attorney. Mr. Bird moved to reconsider the Seacrest Hotel, seconded by Mr. Young. Said motion passed unanimously. Mr. Bird moved to authorize the building of a hotel on the Seacrest hotel site, at a density not to exceed 120 rooms, at a height not to exceed 4 stories above ground, subject to the conditions set forth in the City Attorney's memorandum, subject to the note in Mr. Church's memorandum of July 14, 1980, and a stipulation that'any mutu- - ally agreeable change to the conditions by the Administration and the d~veloper would be acceptable to Council, seconded by Mr. Young. The City Attorney advised that the motion should indicate that the approval, at this stage, is a conceptual approval subject to the conditions enumerated and subject further to the applicant sub- mitting complete plans to the City Council for its approval. Mr. Bird amended his motion as advised by the City Attorney, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante -No; 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: Mrs. Durante questioned how they arrived at the number of rooms. She thinks that when they're dealing with something of this magnitude, they should be on solid ground rather than pulling numbers out of the air. Mr. Scheifley stated that he thinks they have given it a very deep and thorough analysis. - 6 - 10/28/80 245 At this point the roll was called to the motion. 6.a. There were no items not on the agenda. CONSENT AGENDA The City Manager reported on the following items which are to be considered by Council as a consent agenda: 6.b. As discussed at workshop on October 21st, Council is to consider setting November 10th as the date of the first regular Council meeting in November because of the fact that Tuesday, November llth is a legal City holiday. 6.c. It is recommended that Council approve changing the golf cart winter rate from $10 to $12 per prior discussion. 6.d. It is recommended that Council designate November - April, inclusive, as the winter season and May - October, inclusive, as the summer season at the Delray Beach Country Club. 6.i. It is recommended that Council accept the easement deed from the Palm Beach County School Board for the south 10 feet of Block 68, Delray Beach Elementary Site, located on the north side of Atlantic Ave., between Swinton Avenue and N.E. 1st Avenue. This request was pre- sented to Council by Mr. Ken Ellingsworth at the October 14th meeting. 7.a. A communication has been received from Delray Beach Public Library requesting permission to solicit funds from March 1st to March 14th, 1981, approval of which is recommended, with endorsement, by the Solicitations Committee. 7.b. A communication has been received from League of Women Voters of South Palm Beach County, Inc., requesting permission to soli- cit funds from November 17th to November 28, 1980, approval of which is recommended by the Solicitations Committee. 7.c. A communication has been received from The Arthritis Foundation requesting permission to solicit funds from January 17th to January 30, 1981, approval of which is recommended by the Solicitations Committee. 8.a. Resolution No. 89-80, vacating and abandoning a 12-foot drainage easement along the common boundary line of Lots 29 and 30, Del-Harbour Subdivision, located on the south side of Del Haven Drive, between A1A and the Intracoastal Waterway is before Council for con- sideration. Council, at the October 14th meeting, instructed the City Attorney to prepare the resolution. The caption of Resolution No. 89-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TWELVE (12) FOOT DRAINAGE EASEMENT ALONG THE COMMON BOUNDARY LINE OF LOTS 29 AND 30, DEL-HARBOUR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 148 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 89-80 is on file in the official Resolution Book) . 8.b. It is recommended that the sanitary sewers and water utilities in Pine Trail, Section One be accepted as operational by adoption of Resolution No. 92-80. The caption of Resolution No. 92-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCPETING ALL SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PINE TRAIL SECTION ONE RECORDED IN PLAT BOOK 32, PAGE 58 OF THE PUBLIC RECORDS OF PALM BEACH - 7 - 10/28/80 COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: N.W. 46TH AVENUE FROM LAKE IDA ROAD TO N.W. 5TH COURT; N.W. 5TH COURT FROM N.W. 46TH AVENUE WEST APPROXIMATELY 115'; N.W. 6TH COURT FROM N.W. 46TH AVENUE WEST APPROXIMATELY 250' AS OPERATIONAL 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 MAIN- TENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 92-80 is on file in the official Resolution Book) 8.c. It is recommended that the streets in Pine Trail, Section One be accepted as operational by adoption of Resolution No. 93-80. The caption of Resolution No. 93-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS INSTALLED IN PINE TRAIL SECTION ONE, AS RECORDED IN PLAT BOOK 32, PAGE 58 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. 93-80 is on file in the official Resolution Book) 8.d. It is recommended that the sanitary sewers and water utilities in Pine Trail, Section Two be accepted as operational by adoption of Resolution No. 94-80. The caption of Resolution No. 94-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PINE TRAIL SECTION TWO, RECORDED IN PLAT BOOK 32, PAGE 153 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: N.W. 49TH AVENUE FROM LAKE IDA ROAD TO N.W. 6TH STREET; N.W. 6TH COURT 410' EAST OF AND 90' WEST OF N.W. 49TH AVENUE; N.W. 6TH STREET 90' WEST OF N.W. 49TH AVENUE EAST TO N.W. 47TH AVENUE; N.W. 5TH STREET 90' WEST OF N.W. 48TH AVENUE EAST TO N.W. 47TH AVENUE; N.W. 48th AVENUE FROM N.W. 6TH STREET TO N.W. 5TH STREET; N.W. 47TH AVENUE FROM N.W. 6TH STREET TO N.W. 5TH STREET; N.W. 5TH COURT FROM N.N. 4TH AVENUE EAST 150' AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 94-80 is on file in the official Resolution Book) 8.e. It is recommended that the streets and storm drains in Pine Trail, Section Two be accepted as operational by adoption of Resolution No. 95-80. The caption of Resolution No. 95-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN PINE TRAIL SECTION TWO, AS RECORDED IN PLAT BOOK 32, PAGE 153 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. - 8- 10/28/80 247 (Copy of Resolution No. 95-80 is on file in the official Resolution Book) 8.f. It is recommended that the sanitary sewers and water utilities in Pine Trail, Section Three be accepted as operational by adoption of Resolution No. 96-80. The caption of Resolution No. 96-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PINE TRAIL SECTION THREE, AS RECORDED IN PLAT BOOK 33, PAGE 126 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: N.W. 6TH COURT, N.W. 6TH STREET, N.W. 5TH COURT AI~D N.W. 50TH AVENUE WITHIN THE LIMITS OF THIS PLAT AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SER- VICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVID- ING 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. 96-80 is on file in the official Resolution Book) 8.~. It is recommended that the streets and storm drains in Pine Trail, Section Three be accePted as operational by adoption of Resolution No. 97-80. The caption of Resolution No. 97-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN PINE TRAIL SECTION THREE, AS RECORDED IN PLAT BOOK 33, PAGE 126 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. 97-80 is on file in the official Resolution Book) Mr. Bird moved that Council adopt the consent agenda as outlined earlier in the meeting, 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. At this time, Council proceeded to consider the remaining items on the agenda. 6.e. The City Manager reported that it was agreed at workshop on October 21st to consider authorizing the Administration to seek bids fo~ refuse collection. Mr. Young moved to authorize the City Manager to solicit bids for refuse collection and to prepare bids and specifications, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bir~ suggested to the Administration that they have an independent price put on their equipment and that every bidder be given that price. The City Manager replied that if they run into any problem in consulting with Mr. Myers on that, he will get back to Council on it. At this point the roll was called to the motion. Mayor Weekes requested and Council consented to consider items 9.b. and 9.c. at this time as Mr. Robert Chapin has been waiting for over two hours to get to these items. - 9 - 10/28/80 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that Laver's North, located south of Linton Boulevard, between Lindell Boulevard and S.W. 4th Avenue be rezoned from RM-10 (Multiple Family Dwelling) District to SAD (Special Activities) District and that the conditional use and site and development plan to allow a tennis resort consisting of 610 dwelling units in eleven 5-story buildings and 26 tennis courts be approved, subject to: 1) City Engineer's memorandum of September 22nd. 2) Director of Public Utilities memorandum of September 12th. 3)A time limitation of 18 months be set for development of the project. 4) Allowing only those uses as described on the list, provided to Council, to locate in this development. The City Manager informed Council that the reason he brought this conditional use to a regular meeting without going to workshop first was because of the zoning change attached to it. Mr. Chapin suggested that Council approve the conditional use and site plan approval, subject to the rezoning ordinance to be prepared by the City Attorney, so that it will fall in unison together with the abandonment, which is the next item on the agenda. Mrs. Durante moved for approval of the conditional use and site and development plan, subject to the comments in the agenda preface and subject to the rezoning, and to direct the City Attorney's office to prepare the SAD zoning ordinance, seconded by Mr. Bird. Said motion passed unanimously. 9oc. The City Manager reported that the Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that a portion of Egret Circle and Quail Road be abandoned, subject to peti- tioners contructing a bike path on S.W. 4th Avenue, along the entire eastern boundary of the Laver development. This abandonment will estab- lish a private roadway with access control into Laver's tennis complex. Mrs. Durante moved to authorize the City Attorney's office to prepare a resolution of abandonment, seconded by Mr. Bird. Said motion passed unanimously. Mr. Carey noted that this abandonment is subject to the petitioners constructing a bike bath along the eastern border of their property. Mr. Chapin replied that they volunteered to construct the bike path and they will work it out to the City's specifications. The City Attorney advised that it won't be necessary to amend the motion as this will probably be before Council at the next meeting. _ 6.f. The City Manager reported that pursuant to discussion at tb October 21st workshop meeting, Council is to consider cancellation of the ~ICA contract. Mr. Young moved to terminate MICA's contract in accordance with the provisions provided in that contract, seconded by Mr. Bird. Said motion passed unanimously. 6.~. The City Manager reported that as discussed at the October 21st workshop meeting, Council is to consider the appointment of Alfred Carrocia as a regular member of the Board of Adjustment to the unexpired term of Alexander Simon ending March 15, 1983. Mr. Bird moved to appoint Mr. Alfred Carrocia as a regular member of the Board of Adjustment to the unexpired term of Alexander Simon ending March 15, 1983, seconded by Mr. Young. Said motion passed unanimously. - 10 - 10/28/80 6.h. The City Manager reported that as discussed at the workshop meeting on October 21st, Council is to consider the appointment of Joel Smith as a regular member of the Civil Service Board to the unexpired term of Mort Rowe, beginning on November 1, 1980 and ending April 1, 1983. Mr. Bird moved to appoint Joel Smith as a regular member of the Civil Service Board to the unexpired term of Mort Rowe, beginning on November 1, 1980 and ending April 1, 1983, seconded by Mr. Young. Said motion passed unanimously. 6.3. The City Manager reported that the following quotations have been received to paint the Delray Beach Country Club clubhouse and pro s hop: Bidder Quotation Merkel Brothers $3,800.00 Delray Beach Tom Gustafson Industries 5,165.00 Boynton Beach Hagen's Inc. 6,335.90 Delray Beach Tim Wood Corporation 8,000.00 Delray Beach James J. Nicholson 9,920.00 Delray Beach It is recommended that Council, by motion, award the contract to the low bidder, Merkel Brothers in the amount of $3,800.00, with financing to come from budgeted funds. Upon question by Mrs. Durante, the City Manager replied that the quality of the paint is supposed to be the same for all bidders. He has been told that the Merkel Brothers are two younger brothers with twelve years' painting experience; they are just now starting out on their own and they would like to do this job for promotional purposes and to help their business get off to a good start. Mr. Scheifley moved that the contract be awarded to the Merkel Brothers of Delray Beach in the amount of $3,800.00, seconded by Mr. Bird. Said motion passed unanimously. 6.k. The City Manager reported that Council decided at workshop on October 21st to consider approval of the proposed Trafficway Plan. Council may adopt the plan (1) as presented; (2) as modified by Enclosure A; or (3) take any other desired action. Mayor Weekes noted that Enclosure A represents a consensus between his concerns, the Administration concerns and the way the City Engineer proposed it. It is acceptable to him and to the City Engineer. Mr. Bird moved to adopt the Trafficway Plan as modified by Enclosure A, seconded by Mr. Young. Said motion passed unanimously. 8.h. The City Manager reported that the following quotations have been received for the purchase and installation of approximately 1650 feet.of three-foot high split rail fence at the Delray Beach Country Club: Bidder Quotation Southern Fence Company $4,925.00 Boca Raton Boca Raton Fence & Garden Center 5,800.00 Boca Raton - 11 - 10/28/80 Bulldog Fence Company 5,100.00 Boynton Beach It is recommended that the contract be awarded to the low bidder, Southern Fence Company in the amount of $4,925.00 by passage of Resolution No. 98-80 with funds to come from the 1978 Utilities Tax Revenue Bond Issue. The City Manager presented Resolution No. 98-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE PURCHASE AND INSTALLATION OF APPROXIMATELY 1650 FEET OF THREE (3) FOOT HIGH SPLIT RAIL FENCE AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 98-80 is on file in the official Resolution Book) Upon question by Mr. Young, the City Manager explained that the fence would enclose the parking lot for traffic safety and control purposes. The split rail fence would be more decorative than a chain link fence. Mr. Young moved for the adoption of Resolution No. 98-80, 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. Before roll call the following discussion was had: Mrs. Durante asked if there will be openings in the fence for walkways. The City Manager replied that there will be openings at strategic locations. At this point the roll was called to the motion. Mr. Scheifley moved to adjourn the meeting now and continue the rest of the agenda at another time, seconded by Mrs. Durante. No action was'taken. The majority of Council members chose to proceed with the rest of the agenda tonight. 8.i. The City Manager reported that Resolution No. 99-80 provid- ing for a special assessment for properties abutting the unpaved portion of the alley in the block between N.E. 3rd Avenue and the FEC Railroad tracks, extending 430 feet north from N.E. 3rd Street, is before Council for consideration. The City Manager presented Resolution No. 99-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A SPECIAL ASSESSMENT OF - PROPERTIES ABUTTING THE ALLEY LOCATED IN THE FOLLOWING AREA: THE REMAINING UNPAVED PORTION OF THE ALLEY IN THE BLOCK BETWEEN N.E. 3RD AVENUE AND THE F.E.C. RAILROAD TRACKS, EXTENDING 430 FEET NORTH FROM N.E. 3RD STREET, FOR THE INSTALLATION OF PAVEMENT AND THE CONSTRUCTION OF A SUBSURFACE DRAINAGE SYSTEM IN ACCORDANCE WITH PLANS PREPARED BY THE CITY ENGINEERING DEPARTMENT DATED, SEPTEMBER 24, 1980, ON FILE IN THE OFFICE OF THE CITY MANAGE R. (Copy of Resolution No. 99-80 is on file in the official Resolution Book) The City Manager added that all this resolution does is set a public hearing to be held in November on this subject. Mr. Bird moved for the adoption of Resolution No. 99-80, seconded by Mrs. Durante. - 12 - 10/28/80 The City Attorney advised that, as part of this resolution, Council may want to request the Administration to personally notify the affected property owners abutting this improvement. Mr. Bird amended his motion as advised by the City Attorney, 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 the following discussion was had: Mayor Weekes stated that he will oppose the special assessment process because they have a valid contract with Mr. Spence whereby he agrees to do the work. The City Manager noted that Mr. Spence agrees to do part of the work in his $12,000 agreement; there is about $4,000 worth of work that is not included. He feels they should notify all the property owners and that it should be a part of the motion. Mayor Weekes stated that he will be bringing up this issue again when they discuss it further. At this point the roll was called to the motion. 8...~. The City Manager reported that the following quotations have been received to sell the City a 1250 G.P.M. pumper for the Fire Depart- me nt: Bidder Quotation W.Q. Dowling Fire Equipment $92,341.00 Emergency One Keystone Heights, FL American La France, Inc. 96,859 Elmira, NY ( 4 items do not meet specs) Fire and Rescue Apparatus (Bid A) 75,500 Quality Manufacturing, Inc. (14 items do not meet specs) Coral Springs, FL (Bid B) 78,595 ( 9 items do not meet specs) It is recomended that the purchase award be made to W.Q. Dowling Fire Equipment Emergency One in the amount of $92,341, the only bid which meets all City specifications, with financing to come from the General Obligation Bonds, Series 1980, by adoption of Resolution No. 100-80. The City Manager presented Resolution No. 100-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF A 1250 G.P.M. PUMPER FOR THE FIRE DEPARTMENT. Mr. Scheifley left the meeting at this time. (9:30 P.M.) Mr. Bird stated that they recently spent taxpayers' money on equipment, the specifications of which they did not read, and, as a result, they found themselves with garbage trucks which couldn't do the job. This time he would like to review the specifications before ap- proving the quotation. Mr. Bird moved to have this item referred to workshop, seconded by Mrs. Durante. Said motion passed unanimously. 8.k. The City Manager reported that Resolution No. 101-80 rela- tive to the purchase of a Xerox 850 line display system in the amount of $7,268 for the City Attorney's office is before Council for con- sideration. - 13 - 10/28/80 The City Manager presented Resolution No. 101-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE PURCHASE OF A XEROX 850 LINE DISPLAY SYSTF~, TO BE LOCATED IN THE CITY ATTORNEY'S OFFICE. (Copy of Resolution No. 101-8~ is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 101-80, seconded by Mrs. Durante. 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. 8.1. The City Manager reported that Resolution No. 102-80 to ratify and confirm prior contract negotiations and award a contract fo the purchase from Palm Beach County of a traffic controller preemptor · providing a red traffic signal for N.E. 8th Street and FEC Railroad up. the approach of a train is before Council for consideration. Cost of the equipment is $4,762.35. Funds are provided in the General Fund bud ge t. The City Manager presented Resolution No. 102-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO RATIFY AND CONFIRM PRIOR CONTRACT NEGOTIATIONS AND TO AWARD A CONTRACT FOR THE PURCHASE OF A TRAFFIC CONTROLLER PREEMPTOR PROVIDING A RED SIGNAL FOR N.E. 8TH STREET TRAFFIC UPON THE APPROACH OF A TRAIN. Upon question by Mr. Bird, the City Manager replied that they need this for legal reasons as well as engineering reasons. The City Attorney added that the legal consideration is that they have been advised, and the Engineering Department agrees, that the intersection, in its present condition, is unsafe, and that this particular improve- ment is to provide additional safety precautions and to help with the traffic flow at that intersection when there are trains going through. Mr. Bird moved to refer this item to workshop, 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.m. Mr. Young advised that there has been a change in this item by the Florida League of Cities and he has given the City Manager a copy of the change. This resolution should not be acted upon tonight. It was the consensus of Council to skip this item. 8.n. The City Manager reported that Ordinance No. 56-80 providing for a Referendum Election to be held November 4, 1980 concerning the Delray Beach Downtown Development Authority expanding the downtown are description to add properties lying east of the Intracoastal Waterway, is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 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. The City Manager presented Ordinance No. 56-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING THAT A REFERENDUM ELECTION BE HELD NOVEMBER 4, 1980, CONCERNING THE DOWNTOWN DEVELOP- MENT AUTHORITY IN ACCORDANCE WITH CHAPTER 80-495 LAWS OF FLORIDA; THE REFERENDUM ELECTION IS BEING HELD TO DETER- MINE IF CHAPTER 71-604 LAWS OF FLORIDA AS AMENDED BY CHAPTER 72-524 LAWS OF FLORIDA (COLLECTIVELY KNOWN AS THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT) SHOULD BE FURTHER AMENDED BY CHAPTER 80-496 LAWS OF FLORIDA, - 14 - 10/28/80 PROVIDING THE FOLLOWING: EXPANDING THE DOWNTOWN AREA DESCRIPTION TO ADD PROPERTIES LYING EAST OF THE INTRA- COASTAL WATERWAY, EXPANDING THE BOARD COMPOSITION TO SEVEN MEMBERS (FOUR OF Wq{OM MUST BE OWNERS OF REALTY WITHIN THE DOWNTOWN AREA, A LESSEE REQUIRED BY THE LEASE TO PAY TAXES THEREON, OR A DIRECTOR, OFFICER OR MANAGING AGENT OF Ak~ OWNER OR OF A LESSEE THEREOF SO REQUIRED TO PAY TAXES THEREON) PROVIDING THAT THE MEMBERS OF SAID BOARD SHOULD BE GEOGRAPHICALLY PROPORTIONED AS EVENLY AS POSSIBLE IN THE AREA ENCOMPASSING THE DOWNTO~N, PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 56-80 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. The City Attorney advised that this ordinance has been amended to provide that it is effective on Second and FINAL Reading by the City Council. Mr. Bird moved for the adoption of Ordinance No. 56-80 on Second and FINAL Reading with the amendment as related by the City Attorney, 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. 8.0. The City Manager reported that Ordinance No. 57-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 27 "Trees and Shrubs" of the Code of Ordinances relative to discontinuing inoculation by the City of all palm trees within the City. This ordinance was passed on First Reading at the October 14th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 57-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 "TREES AND SHRUBS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 27-17 TO DISCONTINUE INOCULATION BY THE CITY OF ALL PALM TREES WITHIN THE CITY SUSCEPTIBLE TO LETHAL YELLOWING; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 57-80 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. Mr. Ken El lingsworth asked if the City is still going to consider preserving some palm trees in certain areas of the City. The City Manager replied, yes, that this ordinance does not preclude that. Mr. Ken Boerner, 14 N.E. 7th Street, Beautification Committee member, suggested that Council consider a new program where they concen- trate the treatment program on City-owned trees and set two priorities: (1) the beach area; and (2) City buildings and parks; that would include inoculation, fertilization, removal of dead and diseased trees and underplanting with a disease-resistant tree. All palm trees owned by the City within the rights-of-way of the City should also be included in this program. - 15 - 10/28/80 .5,4 Upon question, the City Manager stated that, as far as he knows, they are still continuing with the removal program and it will not be affected by this ordinance. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 57-80 on Second and FINAL Reading, seconded by Mrs. DuranCe. 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. Before roll call, Mayor Weekes asked the City Manager to have the Administration give Council a cost estimate to do what Mr. Boerner suggested, to continue to inoculate, fertilize and underplant those trees on public property. At this point the roll was called to the motion. 8.p. The City Manager reported that Ordinance No. 59-80, amendi ~ Chapter 30 "Zoning" of the Code of Ordinances relative to requiring a minimum number of single family dwelling units rather than a minimum single family acreage in the PRD Districts is before Council for con- sideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 14th meeting. Prior to consideration of passage of this ordinance on Second and FI~AL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 59-80: 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 30-8.1(A) PRD-4, (PLANNED RESIDEN- TIAL) DISTRICT; SECTION 30-8.2(A) PRD-7, (PLANNED RESI- DENTIAL) DISTRICT AND. SECTION 30-8.3(A) PRD-10 (PLANNED RESIDENTIAL) DISTRICT RELATIVE TO REQUIRING A MINIMUM NUMBER OF SINGLE FAMILY DWELLING UNITS RATHER THAN A MINIMUM SINGLE FAMILY ACREAGE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 59-80 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. Mrs. Durante moved for the adoption of Ordinance No. 59-80 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.q.. The City Manager reported that Ordinance No. 61-80, amendi Chapter 30 "Zoning" of the Code of Ordinances relative to trade shops before Council for consideration on First Reading. The City Manager presented Ordinance No. 61-80: 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 REPEALING SECTION 30-11(N)(4)(c) AND ENACTING NEW SECTIO~ 30-11(N) (4)(c) TO REPLACE THE TEP~ TRADE SHOPS WITH CERTAIN SPECIFIED USES AND IMPOSING A MAXIMUM SQUARE FOOTAGE FOR SUCH USES; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. - 16 - 10/28/80 255 Mrs. Durante moved for the adoption of Ordinance No. 61-80 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. 8.r. The City Manager reported that Ordinance No. 62-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to off-street parking is before Council for consideration on First Reading. Council, at the October 7th workshop meeting, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 62-80: 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 REPEALING SECTION 30-18(B) (4) (b) AND ENACTING NEW SECTION 30-18(B)(4)(b) TO PROVIDE FOR ALTERNATIVES TO THE PAVING OF OFF-STREET PARKING AREAS; PROVIDING SPECIFI- CATIONS FOR SUCH ALTERNATE PARKING AREA IMPROVEMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 62-80 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. 8.s. The City Manager reported that Ordinance No. 63-80, amending Chapter 2 "Administration" of the Code of Ordinances relative to the Code Enforcement Board is before Council for consideration on First Reading. This was discussed at the.October 21st workshop meeting. The City Manager presented Ordinance No. 63-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE VI, "CODES ENFORCEMENT", BY AMENDING SAID CHAPTER AND ARTICLE TO COMPLY WITH THE "MUNICIPAL CODE ENFORCE- MENT BOARD ACT" OF 1980, CHAPTER 80-300 LAWS OF FLORIDA, BY PROVIDING FOR THE BOARD TO BE COMPOSED OF SIX (6) REGULAR MEMBERS; BY PROVIDING FOR FOUR (4) MEMBERS TO CONSTITUTE A QUORUM; BY PROVIDING FOR THE TERM OF MEMBERS AND BY PROVIDING FOR THE READOPTION OF THE DELRAY BEACH CODE ENFORCEMENT BOARD ORDINANCE, AS CODIFIED, PURSUANT TO THE 1980 LEGISLATIVE ACT; AND BY AMENDING SAID CHAPTER 2, ARTICLE VI, TO PROVIDE FOR SIX (6) ALTERNATE MEMBERS TO THE BOARD AND THE CLASSIFICATION AND POWERS OF SAID ALTERNATE MEMBERS, AND BY PROVIDING FOR THE REPEAL OF SECTION 2-113 RELATIVE TO PROBABLE CAUSE HEARINGS RE- QUIREMENTS AND BY AMENDING SECTION 2-112 TO CONFORM THEREWITH; PROVIDING FOR EMERGENCY HEARINGS; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES IM CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 63-80 on First Reading, seconded by Mrs. Durante. 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.d. The City Manager reported that the Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that the final plat for Ye Little Wood Subdivision, located south of Lake Terrace, between Aylesbury Road and Swinton Avenue be approved, subject to: 1) City Engineers's memorandum of October 16th. 2) Director of Public Utilities memorandum of October 8th. - 17 - 10/28/80 Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Bird. Said motion passed unanimous ly. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held on October 20th, recommended by a vote of 6 to 0 (Blair abstaining) that a part of Germantown Road, located south of Linton Boulevard, between Congress Avenue and the SAL Railroad be aban- doned subject to the City Engineer's memorandum of October 14th. The abandonment is requested in order to construct research laboratories and offices. Mr. Bird moved to authorize the City Attorney to draft the appropriate resolution, seconded by Mrs. Durante. Said motion passed unanimous ly. 9.f. The City Manager reported that the Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that the conditional use to allow a church addition for Sutton's Chapel Church of God in Christ, located at the southeast corner of S.W. 2nd Street and S.W. 4th Avenue be approved, subject to: 1) City Engineer's memorandum of September 22nd. 2) Director of Public Utilities memorandum of September llth. 3) A time limitation of 18 months be set for development of the project. 4)Receiving the required variances from the Board of Ad j us tme nt. Mrs. Durante moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Bird. Said motion passed unanimous ly. 9.9. The City Manager reported that the Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that a six foot drainage easement within the Moore's Landing property, located north of N.E. 8th Street between Andrews Avenue and the Intracoastal Waterway be abandoned, subject to the City Engineer's memorandum of October 14th. The existing easement severely constrains development and will be relocated eastward. Mrs. Durante moved to authorize the City Attorney to prepare the resolution, seconded by Mr. Bird. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 9:45 P.M. ,....>' City Clerk ~ ATTEST: "~ M ~ Y 0 R 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 October 28, 1980 which minutes were formally approved and adopted by the City Council on ~~z~-l. /~ f~' . City Clerk NOTE TO READE-R: 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. - 18 - 10/28/80