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01-09-79 January 8, 1979 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., Monday, January 8, 1979, with Mayor Leon M. Weekes presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council Members Charlotte G. Durante, John E. Gomery, Jr., and James H. Scheifley, present. Councilman Robert D. Chapin was absent (attending a meeting in Miami). 1. The opening prayer was delivered by Rev. Donald R. Clawson, Saint Paul's Episcopal Church. 2. The Pledge of Allegiance to the flag of the United States 0f America was given. 3. Mrs. Durante moved fOr the approval of the minutes of the r~gular meeting of December 11, 1978, and the specia~ meeting of December 29, 1978, seconded by Mr. Gomery. Said motion passed unanimously. 4.a. Mayor Weekes stated that Councilman Chapin was attending a meeting in Miami, and therefore, would not be present. 4.b. Mr. Scheifley stated that he had suggested at the Workshop that every developed property in Delray have a visible street number, and hoped that it will be on the next scheduled workshop agenda for an Ordinance. 4.c. Mayor Weekes stated that a Special Council Meeting has been scheduled for January 9, 1979 to open bids for the sale of the bonds for the purchase of the golf course and other municipal facilities. It is necessary for him to go to Melbourne, and requested that the balance of the Council attend, so that there would be a quorum. 4.c.1. Mayor Weekes reminded Council to attend the Sewer Board Meeting to be held January 11. Mr. Chapin will be back, but the Mayor stated that he will be in Tampa at the Florida League of Cities Legislative Conference. 4.c.2. Mayor. Weekes designated Mr. Scheifley, as the Senior Member of the Council, to preside at the special meeting of January 9, 1979. 5. There were no public requests from the floor. 6.a. City Manager Mariott stated that City Council had previously ~uthorized the purchase of property from Ethel Williams, situated at 1-95 and S. W. 3rd Street for the assessed value of $2,385.00 by the County Appraiser. Mrs. Williams was under the impression that the amount was $2,715.00. Closing has not been made because of this discrepancy. City Attorney Saberson stated it was just a misunderstanding, and it is a matter of whether Council wishes to purchase the property at the amount of $2,715.00, which is the amount Mrs. Williams had in mind. At this time, there is no contract. The City Manager stated, in conversation with the City Attorney, it was felt Council should authorize the figure Mrs. Williams understood it to be. The City Attorney advised that even at that price it is still approximately $300.00 less than the appraised value. The $2,385.00 is the figure it is assessed at now. Mr. Scheifley moved that the property in question be purchased from Mrs. Ethel Williams at the price of $2,715.00, seconded by Mrs. Durante. Said motion passed unanimously. 6.bo City Manager Mariott gave a brief report on the Delray Rocks Football Team and stated they have had two out of three National Champion- ships, and complimented them on their accomplishments. A number of the coaches, players, and people associated with the team were in the audience. Mr. Scheifley moved that the Council instruct the City Attorney to prepare a formal resolution of commendation to be considered by the Council, so that it can be duplicated and presented to the outstanding representatives of this team, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call Mayor Weekes stated that he would like to see the Council authorize the purchase of some plaque commemorative of this feat, that could be permanently placed on display in the Civic Center. He stated that they had brought great honor to the City, and a sincere vote of thanks is owed to them. Mrs. Durante moved that the City Administration be authorized to purchase a plaque honoring the Delray Rocks Football Team, and prominently display it in the Civic Center, seconded by Mr.Gomery. Said motion passed unanimously. It was noted that the funds are to come fro~ the Parks & Recreation Budget. 6.c. The City Manager reported that Council should consider the appointment of nine members to the Board of Construction Appeals, which was suggested by Mr. Chapin previously. The Ordinance has been passed on Final Reading, and is now effective. There is one case pending, one ready to be filed, and another waiting. The City Manager presented the proposed list of appointees, consisting of nine members, and stated the ordinance specifies what area of endeavor they are to come from, such as plumber, contractor, engineer, etc. Mr. Scheifley moved that the following be nominated by the City Council to the Board of Construction Appeals: NAME OCCUPATION TERM Tom Woolbright General Contractor One year Charles Trieste General Contractor Three years John Knudson Master Plumber One year Richard Hanna Architect Two years Don Rigsby Master Electrician One year Cliff VanTreese Air Conditioning Contractor Three years Shelly Greathouse Sign Contractor Two years (Partner - Rainbow Signs) Bill Plum Rea~ Estate Broker Two years Herbert Mead Engineer, P.E. Three years (Arthur V. Strock & Associates) seconded by Mr. Gomery. Said motion passed unanimously. 6.d. The City Manager reported that the City Attorney's office has received quotations to issue title insurance for the Delray Beach Country Club as follows: American Title Insurance $2,515.00 Boynton Beach St. Paul Title Insurance $2,515.00 Lake Worth The City Attorney recommended the American Title Insurance of Boynton Beach, because they do the title searches for the City on the demolition cases, which is a type of title search in which there . is not much profit, and in light of the Service they have been giving, it is his thought that they should be awarded the title insurance. The amount of $2,515.00 is substantially below the "card rate" in Palm Beach County and is the lowest rate at which title insurance can be issued for this property under the insurance regulations of the State of Florida. Mr. Gomery moved that the title insurance for the Delray Beach Country Club be awarded to the American Title Insurance Co. of Boynton Beach in the amount of $2,515.00, seconded by Mrs. Durante. Said motion passed unanimously. 6.e. The City Manager reported that Council, at the March 13, 1978 meeting, authorized purchase of a bus for use by Senior citizens. The bus was ordered through Adams Chevrolet and delivery is promised during the week of January 8th. The agreement was presented for Council considera- tion. Mr. Scheifley stated that he was concerned as to how they could restrict the use of the bus exclusively for the use of Delray Beach citizens. Mr. Dave Cohen, a representative of the Gulfstream Areawide Council on Aging, assured the Council that it could be controlled, however, it was his thought that when a person is in need of a service, whatever is needed should be done. He stated that the logical place for the bus would be the South County Neighborhood Center, and they already have a driver assigned. In answer to Mr. Scheifley's concern as to how they would know the area to be served, the City Manager stated that a City map could be provided to the Group for their use. Marie Taylor, Center for Information and Referral System, a part of the United Way, objected to the control of the bus being turned over to the Center, because in the past they had not received help for Delray residents from the South County Neighborhood C~nter. She stated that they serve the people in Boca Raton pretty much exclu- -.. sively. Mr. Cohen did not agree that the Center had not performed for the citizens of Delray Beach. He stated that it was their duty to do the best possible to handle the requests asked of them. The need is great in Delray for the use of the bus. He wished to assure the Council that it will be used for Delray Beach, except if there is an emergency. Mrs. Durante stated that there is a provision in the agree- ment, stating that the City reserves the right to terminate the agreement immediately and take possession of the bus if the pro- visions of the agreement are not met. Mrs. Durante moved that the Agreement between the City and the Gulfstream Areawide Council on Aging be approved, seconded by Mr. Gomery. Said motion passed unanimously. 6.f. . The City Manager reported that Council should consider the appointment of ~r. R. C. Vollrath as City Physician to replace Drs. Edward L. White and Edward T. Doyle, who have resigned. It is intended that Dr. Vollrath will serve along with Dr. Colvard, who has previously been appointed by Council as a City Physician for Fire and Police personnel. Dr. Vollrath would service the balance of the City employees. Mr. Gomery moved that Dr. Vollrath be appointed to serve as a City Physician, seconded by Mr. Scheifley. Said motion passed unanimously. 6~.~.1. City Manager Mariott presented a recommendation with respect to purchase of certain equipment for the Delray Beach Country Club. The following quotations were given~ and the City Manager recommended that the low bid of Hector Co. be accepted. DE BRA HECTOR Gross $145,888.95 Gross $151,887.10 Discount Discount (10%) 14,588.90 (15%) 22,783.06 $131,300.05 $129,104.04 Total difference in price, Toro is $2,196.01 less. - 3 - ~ 1/8/79 Mr. Scheifley questioned the delivery time of the items to be purchased. The City Manager stated that both firms had advised the City that they would be able to provide the critically needed equipment when needed, although they mentioned a 90 day delivery time in general. Upon question by Mr. Gomery as to any preference regarding mechanical ability, the City Manager stated that both are considered about on a par. The City Manager noted that since bids on the bond issue will be opened tomorrow, that the purchase be authorized conditional upon the sale of the bonds, prior to executing the purchase contract. Mr. Scheifley moved that the City of Delray Beach purchase the golf maintenance equipment of the Toro type sola by the Hector Turf & Garden, Inc., Miami, Florida, at a bid price of $129,104.04, as specifically outlined on pages 2 and 3 of the material headed "Delray Beach Country Club, December 13, 1978", referred to as Green Equipment, Fairway Equipment, Tee Supplies, Miscellaneous Equipment, and Shop Equipment, as outlined on the list, on th~ condition that the $4,000,000.00 revenue bonds scheduled for sale January 9, 1979 materializ satisfactorily, seconded by Mrs. Durante. Said motion passed unanimously~ 6.9..2. The City Manager presented quotations received for purchase of D~iving RanGe Equipment as follows, and recommended that the awards be made to t~e low bidder in each case: Fred Akel Wittek Spalding Sporting Company Company Goods Ball Picker, 8' $ 643.00 835.00 -0- Power Unit for Picker 1,545.00 -0- -0- Ball Washer 500.00 625.00 -0- Automatic Ball Dispenser 1,995.00 1,200.00 -0- Range Buckets, 100 210.00 230.00 ~0- Range Balls, 420 dozen 1,365.00 1,575.00 $1,239.00 Mr. Gomery moved that equipment and supplies for operation of the driving range be purchased as follows: Range Balls, 420 Dozen Spalding Sporting Goods $1,239.00 Automatic Ball Dispenser Wittek Company 1,200.00 Ball Picker, 8' Fred Akel Company 643.00 Power Unit for Picker Fred Akel Company 1,545.00 Ball Washer Fred Akel Company 500.00 Range Buckets 100 Fred Akel Company 210.00 subject to the proper selling of the bonds, which come up tomorrow, seconded by Mrs. Durante. Said motion passed unanimously. 6.9.3. The City Manager presented quotations for farm type tractor to be used at the Country Club, as follows: Net Trail Ford Tractor Company Ford 3600 Diesel Tractor, List $10,930.00 $8,782.25 DeBra Turf & Equipment Massey 230 Diesel Tractor 9,100.00 and recommended purchase from the low bidder, Trail Ford Tractor Company, in the amount of $8,782.25. Mr. Scheifley asked the City Manager whether all of th~s equipment, when received, will be kept under roof, and the City Manager ~ ~ --- 4 - 1/8/79 stated that he could not answer that..Mayor Weekes stated that it will have to be protected. Mrs. Durante moved that the authorization for the purchase of the farm type tractor be awarded to Trail Ford Tractor Company, the low bidder, in the amount of $8,782.25, subject to the satis- factory placement of the bonds, seconded by Mr. Gomery. Said motion passed unanimously. The City Manager introduced Mr. Tomas Fonseca, the Pro-Manager for the Delray Beach Country Club. City Attorney Saberson stated that it is his understanding that the proper placement of the bonds that the Council refers to means the sale of the bonds, and not receipt of the actual funds, which will occur January 30. Also, they will be confirmed by Resolu- tion. 6.h. The City Manager reported that the Palm Beach County Planning Department will submit to the Board of County Commissioners the FY 1978-79 bikeway priority projects, which include the following City requests: Barwick Road from Lake Ida Road to Lateral 30 Canal Total Cost $7,450 City Cost 3,725 County Cost 3,725 (10% Contingency) 3,725 S. W. 4th Avenue from S. W. 10th Street to Miller Park Total Cost $15,000 City Cost 7,500 County Cost 7,500 (10% Contingency) Council has approved construction of the bicycle path on Barwick Road and has indicated it is willing to make funds available for the construction of~a bicycle path on S. W. 4th Avenue, which funds were inadvertently not included in the City's current budget. The City Manager recommended that Council give formal approval to these two items so it can be communicated to the County, so the County will make their share of the funds available. Mr. Gomery moved for the approval of the Bikeway Priority Projects, which will be shared 50-50 with the County on Barwick Road, from Lake Ida Road to Lateral 30 Canal, and on S. W. 4th Avenue from S. W. 10th Street to Miller Park, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call the following discussion was had. Mayor Weekes questioned whether any progress has been made toward the surfacing of S. W. 4th Avenue from 10th Street to Miller Park. It was his thought that it was foolish to put a $15,000.00 bike path down, when they have not paved the street. The City Manager explained that a portion is in the city and part in the county. The City has been offering to improve that street for several years on a 50-50 basis; however, the County does not have it in their current budget. Mr. Frank Carey, Chairman, Planning & Zoning Board, questioned the bike path on Barwick Road from Lake Ida Road to Lateral 30 Canal. The City Manager stated this had been requested by Country Manors, and the southern part is already in, from Lake Ida Road south. This is to go north, connecting to an existing bikeway. The City Manager referred to a letter written by him, dated March 1, 1978, to the County requesting a bike path on said Road, because of a petition submitted by 204 residents. - 5 - 1/8/79 The letter stated that it was agreed at Workshop to grant the request if the County is agreeable to funding 50% of its estimated cost in accordance with the policy on other bike paths in the City. Mr. Carey stated they had coordinated their plans with the group doing the study on the bike paths, and he did not recall it being on their plan either. When Council approved it, they did it contingent upon the Bicycle Committee approving it later, which they did. Mr. Carey thought as long as they had the approVal, they should go ahead with it. At this time the roll was called to the motion. 7.a. The Mayor acknowledged the Minutes of the Beautification Committee for the meeting of December 6, 1978. He brought to the Council's attention that the Parks Department is now attaching to _ those Minutes an update of the various Parks projects throughout the City, and commended Mr. Winters for this excellent idea. Mrs. Durante questioned the Plumosa School Park, where the Parks Department is negotiating to obtain a lease from the County to develop land behind Plumosa School, and wondered who was to use the Park. It was her thought that it was not a young family area. The City Manager stated it was for the use of the children who live in Delray. Mayor Weekes disagreed, and stated it was definitely a young family area. The majority of the children going to Plumosa come from that area. 7.b. The City Manager reported a petition for a Certificate of Public Convenienceland Necessity was submitted to Council at its meeting on December 11, 1978. A public hearing in'compliance with Section 26-7, Chapter 26, of the City's Code of Ordinances, has been scheduled to be held at this time for the purpose of receiving objections, if any., to the merger of Metropolitan Transportation Company and Smokey, Inc., d/b/a Greyhound Taxi. A public hearing was held in compliance with Section 26-7 of the City's Code of Ordinances. City Attorney Saberson stated that a Delray Police Department Report has been distributed to Council, dated December 23 & 28, 1978, which had been requested by Mr Mazzeo to be included as part of the record of this hearing, and by reference would so request that it be incor- porated in the record. The Mayor stated that Council had not had an opportunity to read the report, so before the Public Hearing was continued, the Chair would defer that until Council reads the informa- tion. Mr. Kovar stated that he had not previously had an opportunity to read the report. He had applied for a license for a taxicab company about three years ago; since then it has evolved into the Greyhound Bus Terminal - Greyhound Car Rental. Prior to that they had a cab company with approximately eight cabs, that went bankrupt, and he saw an oppor- tunity to develop a cab company, which he did. At the time he was trying ~ to amalgamate that with the Greyhound Bus Terminal, and in the process of filing the conditional usage it took him eleven months to complete the project. He would venture to say that the report contained major falsehoods. The Mayor stated that it had been requested that it be put into the record, the City Attorney has given it to them, and it is in the record. Mr. Ron Sanson stated that he has been involved in this matter over the last three years. First, he wondered if it were proper in zoning matters to approve a business use, then expand that into additional uses. How many uses and how big an operation can one location satisfy? Second, as a citizen, he has been somewhat offended by the uses occurring at this location that have been done on a conditional basis, by the Council trying to cooperate as much as possible, and in turn getting very little cooperation back in trying - 6- 1/8/79 235 to beautify his land and enhance the surrounding area. He also objected to him challenging the Sign Ordinance Law and Community Appearance Board.~ Mr. Kovar disagreed, stating that he was the first person to apply and at that time was denied the use of his property for the use of cabs. He was the only one using that particular piece of property that has gone through a complete record of conditional usage. He did go through all the process of beautification and disagree- ments regarding the signs are a completely different matter. He is the only company in the City operating with full cooperation of the Planning & Zoning. There is another cab company in the city operating out of a garage, which is completely illegal. He stated that he could have purchased the cabs outright from Metro Taxi, applied the licenses he already had, and painted them Greyhound Taxi, but had decided to do it this way, so Council would know what was going on. Mayor Weekes questioned how many licenses Mr. Kovar presently holds. He replied that he has three and has utilized only one. Mr. Burrows has five and has utilized two. All he is requesting is five licenses. The City Manager stated it is his understanding that an increase in the number of cabs is not being requested -- that the same total number would be in use by the firm. By way of explanation, the Mayor stated that Mr. Burrows has four licenses, Mr. Kovar has three, which is a total of seven, but they only need five. What they are really talking about is transferring Mr. Burrows' four. City Attorney Saberson questioned Mr. Kovar regarding the Summons and Complaint filed by his Attorneys, Tomberg & Tomberg, dated November 28, which requests damages from the City because of the processing of his conditional use permit, a result of which he was able to operate his taxicab service. The City Attorney questioned whether Mr. Kovar intended to be dismissing this suit with prejudice -- whether he thinks the City Council is going to grant permits for this merger without a dismissal with prejudice of the law suit. Mr. Kovar stated he did not think this was an appropriate matter. He has no objection to any cab company coming into town, and had so stated that he was in favor of same, with the condition that they go through the same processes that he had to. In the meantime, he had been refused an Occupational License, after he had purchased the equipment, insured the vehicles, bought the radios, and bought the meters. That is the basis of the suit. There is over $2,000 of beautification approved by the Beautification Committee at his property. The basis of his suit is that he was deprived of business for over a year and a half. In answer to Mr. Saberson's question, he stated he would prefer to drop the matter, but he did not feel it had reference to the particular matter in question. The City Attorney disagreed. He had attacked the very process that he is going through, and if he is going to continue to attack the process, it is the concern of the Council and the City, and certainly may reflect on Mr. Kovar's service in regard to the taxi service to the citizens of Delray. The City Attorney stated that he would request of Council that this Hearing be continued until the next Council meeting January 22, 1979. The Public Hearing was continued for two weeks until January 22, 1979. 7.c. The City Manager ~eported that a communication has been received from the Area Planning Board dated December 15, 1978, request- ing A-95 Clearinghouse review and comment relative to Florida Department of Transportation application for improvements to SR 7 (US 441) from SR 806 (Delray West Road) to SR 80 (Southern Boulevard). The letter dated December 19, 1978 from the City Manager to APB states that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs. - 7 - ~/8/79 23g Mr. Scheifley moved that the City Council concur with the City Manager's letter on this subject, seconded by Mrs. Durante. Said motion passed unanimously. 8.a._. The City Manager reported that Resolution No. 1-79 accepting sanitary sewers, water utilities, drainage and paved streets in the Hamlet Tract known as Evergre~ne Subdivision is before the Council for passage consideration. The City Manager presented Resolution No. 1-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS, WATER UTILITIES, DRAINAGE ~qD PAVED STREETS IN THE HAMLET TRACT, KNOWN AS EVERGREENE SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 150 and 151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORTDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY THE SAID UTILITIES, DRAINAGE AND PAVED STREETS. (Copy of Resolution No. 1-79 is on file in the official Resolution Book). Mr. Scheifley questioned whether all the steps had been taken to prevent an occurrence such as in Bass Creek on such a resolution -- that there will not be a duplication of any steps taken. The City Attorney advised that it depends on Whether or not there has been a full scale Engineering Department inspection of the improvements. The City Manager stated that in regard to the Hamlet, the risk is certainly negligible. Mr. Scheifley moved for the passage of Resolution No. 1-79, seconded by Mr. Gomery. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.b. The City Manager reported that Resolution No. 2-79 consenting to the abandonment of the Jefferson Manor drainage easement by Palm Beach County, subject to the terms and conditions of the agreement attached to the resolution which provides that the City will continue to be able to use this drainage easement until an ~alternate is provided by the land owner, Southern Leaseholds, Inc., is before the Council for passage consideration. The City Manager presented Resolution No. 2-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONSENTING TO THE VACATION AND ABANDON- MENT OF THE JEFFERSON MANOR DRAINAGE EASEMENT, BY PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 2-79 is on file in the official - Resolution Book). The City Attorney stated that this Resolution is subject to the Agreement attached which provides that the consent is conditioned upon receiving an alternate drainage outlet for the property south of Lake Ida Road. Mr. Gomery moved for the adoption of Resolution No. 2-79, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.c. The City Manager ~reported that Ordinance No. 1-79 relative to rezoning and placing land zoned R-lA (Single Family Dwelling) District in R-1AA (Single Family Dwelling) District in Section 12-46-42 on the east side of Barwick Road between Lake Ida Road and the L-30 Canal is before the Council for consideration on First Reading. The City Manager presented Ordinance No. 1-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (.SINGLE FAMILY DWELLING) DISTRICT, IN R-1AA (SINGLE FAMILY D~LLING) DISTRICT, PARCELS OF LAND IN SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LOCATED ON THE EAST SIDE OF BARWICK ROAD BETWEEN LAKE IDA ROAD AND THE L-30 CANAL, ~D AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the Ordinance. Mrs. Durante moved for the passage of Ordinance No. 1-79 on First Reading, seconded by Mr. Gomery. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. In response to why this Ordinance is being passed, Mr. Frank Carey, Chairman of the Planning & Zoning Board~stated that it was because of a petition initiated by the City. This property was all R-iA, and is to be made R-1AA. At this time the roll was called to the motion. 8.d. The City Manager reported that Ordinance No. 2-79 amending Chapter 18, Article III, "Charitable Solicitations", Section 18-35 of the Code of Ordinances to modify the requirement for newspaper adver- tising; and amending Section 18-41 to increase the percentage of money collected which is required to be spent for purposes of the drive, is before Council for passage consideration. The City Manager presented Ordinance No. 2-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, ARTICLE III, :~ "CHARITABLE SOLICITATIONS", SECTION 18-35 TO MODIFY THE REQUIREMENT FOR NEWSPAPER ADVERTISING; AMENDING SECTION 18-41 TO INCREASE THE PERCENTAGE OF MONEY COLLECTED WHICH IS REQUIRED TO BE SPENT FOR PURPOSES OF THE DRIVE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the Ordinance. Mr. Gomery moVed for the passage of Ordinance No. 2-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vO. te. 8.e. The City Manager reported that Ordinance NO. 3-79, repealing Ordinance No. 42-78 and substituting this ordinance annexing parcels of land located in Section 25-46-42 west of the E-4 Canal between Germantown Road and the L-37 Canal has been prepared for Council consideration on First Reading. The purpose of this ordinance is to correct the legal description contained in Ordinance No. 42-78. The City Manager presented Ordinance No. 3-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 42-78 AND IN SUBSTITUTION ADOPT THIS ORDINANCE ANNEXING TO THE CITY OF DELRAY BEACH PARCELS OF LAND LOCATED IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the Ordinance. - 9- 1/8/79 238 Mr. Scheifley moved for passage of Ordinance No. 3-79 on First Reading, seconded by Mr. Gomery. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on December 19 recommended by unanimous vote that the conditional use approval request for Delray Beach Tennis and Racketball Club, Inc. be approved, subject to the following: 1) Comments of the City Engineer as stated in his November 28, 1978 memorandum 2) Comments of the Director of Public Works/Utilities as stated in his November 21, 1978 memorandum 3) Comments of the Community Appearance Board as stated - in their December 13, 1978 minutes 4) That the tennis courts shall be operated only between the hours of 8:00 a.m. and dark. 5) Availability of water. 6) A time limitation of 12 months be set for development of the project. Mr. Gomery stated that the word "unanimous" is incorrect; the vote was 4 to 1. Mayor Weekes requested that this matter be put on Workshop, since he would like to investigate it further. There are a lot of people who live in that area who have expressed some concern about it. Mr. Gomery moved that in consideration of the interest in this subject and the fact that a full Council is not present, that this matter be put on Workshop for next Monday night, seconded by Mr. Scheifley. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on December 19, 1978, recommended by unanimous vote that the conditional use approval request for a professional office building for D~~. Degerome, located at the northwest corner of N. E. 4th Street and N. E. 2nd Avenue, be approved, subject to the following: 1) Comments of the City Engineer as stated in his December 15, 1978 memorandum --'~ 2) Comments of the Director of Public Works/Utilities as stated in his November 21, 1978 memorandum 3) A~ailability of water. 4) A time limitation of 12 months be set for development of the project. The City Manager advised that at the' request of the City Attorney this matter is to be postponed for two weeks, and that the applicant be so notified. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on December 12, 1978, recommended by unanimous vote that the final plat approval request for Pelican Harbor ,(Phase I), located at the northeast corner of U. S. No. 1 and the C-15 Canal be approved, subject to the following: 1) Comments of the City Engineer as stated in his memorandum of December 7, 1978. 2) Availability of water. Mr. Scheifley moved that the recommendation of the Planning & Zoning Board for the final plat approval request for Pelican Harbor (Phase I) be approved, seconded by Mrs. Durante. Said motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on December 12, 1978, recommended by unanimous vote that - 10 - 1/8/79 the east-west alley located north of Atlantic Avenue between N.W. 7th Avenue and N.W. 8th Avenue be abandoned, provided the manhole is relocated and installed to City specifications prior to formal abandon- ment. It is recommended that the City Attorney be directed to prepare the resolution effecting the abandonment. Mrs. Durante moved that the City Attorney be directed to prepare the resolution effecting the abandonment of the alley between N.W. 7th and N.W. 8th Avenue, providing the manhole is relocated and installed to City specifications prior to formal abandonment, seconded by Mr. Scheifley. Said motion passed unanimously. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held on December 19, 1978, recommended by unanimous vote that a 5.69-acre parcel of land located at the southeast Corner of U. S. No. 1 and Linton Boulevard be rezoned from RM-6 (Multiple Family Dwelling) District and R-1AA (Single Family Dwelling) District to SAD (Special Activities District) and the conditional use and site and development plan approval request for Old Harbor Office and Bank Facility be approved, subject to the following: 1) Comments of the City Engineer as stated in his memorandum of December 7, 1978. 2) Allow only a professional office building and bank, including drive-in facility, to locate in the proposed development. 3) That the 6 foot wall on the south side of the property shall be located a distance not to exceed 5 feet north of the property line in order to preserve the existing tree line. 4) Availability of water. 5) A time limitation of 18 months be set for development of the project. In answer to a question by Mayor Weekes, the City Attorney stated that this will terminate the legal action that has been involved in this property. Mr. Scheifley moved that the Council sustain the recommendation of the Planning & Zoning Board relative to the conditional use, site and development plan approval request for Old Harbor Office and Bank Facility, seconded by Mr. Gomery. Said motion passed unanimously. 9.f. The City Manager reported that the Planning & Zoning Board at a meeting held on December 19th, recommended by unanimous vote that a 6.59-acre parcel of land located at the northeast corner of U. S. No. 1 and Linton Boulevard be rezoned from RM-15 (Multiple Family Dwelling) District to SAD (Special Activities District) and the conditional use and site and development plan approval request for Old Harbor Plaza to allow a shopping center be approved, subject to the following: 1) Comments of the City Engineer as stated in his memorandum of December 7, 1978. 2) Allow only those uses as described in the list to locate in the proposed development, and further that Use No. 15 shall be operated only between the hours of 7:00 a.m. and 11:00 p.m. 3) Availability of water. 4) A time limitation of 18 months be set for development of the project. Mr. Gomery questioned Use No. 15, and after discussion it was determined it should be Use No. 14, Food Related Shops. Mrs. Durante moved that the Council sustain the recommendation of the Planning & Zoning Board, subject' to the comments in the Preface to the Agenda, seconded by Mr. Scheifley. Said motion passed unanimously. - 11 - 1/8/79 9.g~ The City Manager reported that the Planning & Zoning Board at a meeting held on December 19, 1978, recommended by unanimous vote that the final plat approval request for Pinelake Subdivision (Hamlet - Phase X), located on the south side of the L-34 Canal, between Hamlet Drive and Dover Road, be approved, subject to the following: 1) Comments of the City Engineer as stated in his memorandum of December 8, 1978. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of November 29, 1978. 3) That the sidewalk requirement be waived on both sides of the street. 4) That the dead-end street known as "Pinelake Drive" be approved as 1200 feet in length. 5) Availability of water. Mr. Scheifley moved that the Council sustain the recommenda- tion of the Planning & Zoning Board and approve the final plat for Pinelake Subdivision (Hamlet - Phase X), seconded by Mr. Gomery. Said motion passed unanimously. 9.h. The City Manager reported that the Planning & Zoning Board at a meeting held on December 12, 1978, recommended by unanimous vote that Sections 29-5(C), 29-6~), 29-7(_C), 29-8(C), 29-8.1~, 29-8.2~C) and 29-8.3(C) of the zoning ordinance be amended relative to allowing attendant accessory uses associated with golf courses, racketball clubs, swimming clubs and tennis clubs. Mayor'Weekes suggested that this matter be referred to Workshop. 9.i. The City Manager reported that the Planning & Zoning Board at a meeting held on December 12th recommended by unanimous vote that Sections 29-7~C) (ll) and 29r8(C) (!2) of the Zoning Ordinance be amended relative to removing the "professional office"category from RM-10 and RM-15 Multiple Family Districts, and amend Section 29-7 to add "Q" Special Uses. Mayor Weekes stated that the only problem is that it is going to create probably seven non-conforming professional offices. He stated that he dislikes creating non-conforming uses -- after a man has built and developed in accordance with the Code, then we change the Code and suddenly it becomes non-conforming. The City Manager questioned whether a Special Zone could be created for those special uses -- it would be unusual.and"unorthadox, but a Special Zone would not force them into a non-conforming category, and would still permit this Ordinance to proceed, and would not affect the rest of the area. Mayor Weekes questioned the City Attorney as to how to restrict the use as suggested by the'Planning & Zoning Board, without making those already in existence non-conforming. The City Attorney replied that other than creating a special district which would make them conforming, he did not know, but then there is the question of whether you could give them relief under the non-conforming use section, which is something that had been talked about before -- relief in the sense that they would not be as limited, not just this use but other non-conforming uses, too. Mayor Weekes stated that in trying to upgrade the City, they have created a large number of non-conforming uses and we continue to do so. He wondered if there were some way to give relief to those, without subverting the intent of changing the zoning. He stated that he would be willing to sustain the recommendation of the Planning & Zoning Board and have the Attorney prepare the Ordinance, and prior to the passage of the Ordinance consider the question. Mr. Frank Carey stated that this is the result of their concern for the older established residential neighborhoods in the City -- North of 8th Street and South of Atlantic Avenue, where you have the really oldest housing in the City of Delray Beach. What they have become aware of is the speculation on that property because we currently permit this conditional use. As long ~s you give someone an out, they are going to let their property deteriorate because they are waiting for the highest bidder. Mr. Carey stated that he is suggesting that these people should - 12 - 1/8/79 · be encouraged to seek funds to upgrade what really is the most reaso~- able housing ~till available. If you drive people out of that area of the city, they will no l~ger be able t~ li~e in the City of Delr~y ~ch because the alternate ~ousing will be prohibitively exp~si~e. Mayor ~ekes o%~ted that he agrees, but he would like to see some way to protect those people-who have already made%~r~ investm~nt ~n~ arc there, and at some point in time may need to expand on the same 9iece of pr~ty or-do someth£ng~to the property. Mr. Gomery moved that the Council approve the recommendation of the Planning & Zoning Board that the Zoning Ordinance be amended relative to removing the professional office category from the RM-10 and RM-15 Multiple Family District, and suggest to the City Attorney that he try to come up with legal relief for the ones in existence which might be affected, seconded by Mrs. Durante. Said motion passed unanimously. 9.j. The City Manager reported that the Planning & Zoning Board at a meeting held on December 12, 1978, recommended by unanimous vote that Sections 29-8.1(D) (1), 29-8.2~D) (1) and 29-8.3~) (1) of the zoning ordinance be amended relative to changing the minimum site area requirement to five acres instead of the present 20 acres. Mrs. Durante moved that the Council sustain the recommenda- tion of the Planning & Zoning Board, seconded by Mr. Gomery. Said motion paSsed unanimously. 9.k. The City Manager reported that the Planning & Zoning Board at a meeting held on December 19, 1978, recommended by unanimous vote that Sections 29-7(C), 29-8~), 29-11~C), 29-12~C), 29-13(C), 29-13.1 and 29-17 of the zoning ordinance be amended relative to allowing congregate living facilities. Mrs. Durante stated that she felt this is something that is really needed -- to have some zoning ordinance to accommodate the uses for congregate living facilities here in the City. Mrs. Durante moved that the Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Gomery. Said motion passed unanimously. Before roll call Mr. Gomery questioned whether most of the requirements or restrictions in the recommendations are taken from the State Law. Mr. Frank Carey answered that the only thing the State Law does not address itself to is the specific age. The wording otherwise is right out of the law. He stated that it is needed in our society today. It is the place b~tween the nursing facility and the private dwelling--when a person is unable to maintain themselves within their own domicile, yet is still ambulatory and is not a candidate for the nursing home. At this time the roll was called to the motion. 9.1. The City Manager reported that a petition from Barry S.Eden for the rezoning from AG (Agricultural District) (.County) to CG (General Commercial District) (County) and the further special exception to allow a water treatment plant will be considered at a public hearing before the County Planning Commission on January llth and before the Board of County Commissioners on January 25th. The subject property, consisting of 1.36 acres, is in Section 13-46-42 and is located on the north side of Atlantic Avenue, approximately four-tenths of a mile east of Barwick Road. At the present time, no use has been proposed for this property. This rezoning request is in violation of the City's Land Use Plan which designates this area for single family development. There is insufficient time to wait for the Planning & Zoning Board recommendation before the County meeting. It is recommended that - 13 - 1/8/79 Council indicate its wishes so'response can be made to the County. Mr. Scheifley moved that Council instruct the to inform the County that we are opposed to this De~_u~ because it is in violation of the Citv'~ L~~,'~ ~se P!~, oeconded by Mrs. Durante. qaid mot4on p~ssed unanimously. 9.m. The City Manager reoorted than a petition from William E. Bowman for the rezoning from AG (Agricultural District) (~ounty} to CG (General Commercial District) (_County) will be considered at a public hearing before the County Planning Commission on January llth and before the Board of County Commissioners on January 25th. The subject property, consisting of 1.64 acres, is in Section 13-46-42 and is located on the east side of Military Trail, approximately five-tenths of a mile north of Atlantic' Avenue. The proposed use for this property is a veterinary medical supply facility. This rezoning request is in violation of the City's Land Use Plan which designates this area for multiple family development (6 units/acre). There is insufficient time to wait for the Planning & Zoning Board recommendation before the County meeting. It is recommended that Council indicate its wishes so response can be made to the County. Mrs.Durante moved that Council instruct the Administration to inform the County that we are opposed to this petition because it is in violation of the City's Land Use Plan, seconded by Mr. Gomery. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 9:00 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and the information provided herein is the minutes of the meeting of said City Council of January 8, 1979, which minutes were formally approved and adopted by the City Council on ~ . ~ · NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have ° been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. .-- 14 - 1/8/79 JANUARY 9~ 1979 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 12:00 noon, Tuesday, January 9, 1979, with Council member James H. Scheifley presiding and City Manager J. Eldon Mariott, City Attorney Roger G. Saberson, Council members Charlotte G. Durante (arrived at 12:45 P.M.), and John E. Gomery, Jr., present. Mayor Leon M. Weekes and Uice-Mayor Robert D. Chapin were absent due to City business. Mr. Scheifley announced that the meeting would not be called to order until a quorum is present. City Attorney Saberson suggested that the m~eting be opened and open the bids for consideration only at this time; no formal action to be taken until there is a quorum present. Bids were opened at 12:04 P.M., for the $4,000,000 Utilities Tax Revenue Certificates Series 1978 and the sale of same. Thomas E. Weber, Finance Director, read the bids as follows: William R. Hough & Company for the managers and associates. Amount - $3,960,000 Net Interest Cost - 6.47886 Fischer, Johnson, Allen, Burke, Inc. & Associates. Amount - $3,961,200 Net Interest Cost - 6.39009 John Nuveen & Company, Inc. & Associates. Amount- $3,960,645.15 Net Interest Cost - 6.4889 Merrill Lynch Whiteweld Markets Group. Amount- $3,960,000 Net Interest Cost - 6.5878 Arch W. Roberts & Company & Associates. Amount - $3,960,944.60 Net Interest Cost - 6.5589 The meeting was recessed at 12:10 P.M., to allow time for the icomputations'on the bids. ~ Mr. Scheifley reconvened the meeting at 12:45 P.M. (It should be noted Mrs. Durante arrived at this time.) Mr. Stanley Ross, Reynolds Securities, Inc., Financial Advisors for the City of Delray Beach, was asked for his recommendation. Mr. Ross reported that all the bids have been examined, the calculations found to be in order, and the bid of Fischer, Johnson, Allen, Burke, Inc., at a Net Interest Cost of 6.39009 is the best bid and recommends its acceptance. Mr. Ross advised that the bonds qualified for insurance by the Municipal Bond Insurance Agency, and added that the ratings on the bonds were increased by both services from BAA of Moody's to A, and from BBB by Standard and Poors to A-. The City Attorney advised that the resolution that should be designated in the motion of adoption is Resolution No. 3-79. The Bids that are reflected in the resolution are as follows: William R. Hough & Company at a Net Interest Cost of $4,295,486.25; John Nuveen & Company, $4,302,177.35; Merrill Lynch, $4,367,750; Arch W. Roberts & Company, $4,348,580.40; Fischer, Johnson, Allen, Burke, Inc., $4,236,631.25 and the resolution provides for the acceptance of the Fischer, Johnson bid. The City Attorney further advised that on page 8 of the reso- lution, paragraph three has been deleted and a subsequent resolution pertaining to these provisions will be adopted; also paragraphs four and five have been renumbered three and four. The City Attorney presented Resolution No. 3-79: RESOLUTION AWARDING $4,000,000 CITY OF DELRAY BEACH, FLORIDA, UTILITIES TAX -- REVENUE CERTIFICATES, SERIES 1978. (Copy of Resolution No. 3-79 is on file in the official Resolution Book.) Mr. Gomery moved for the adoption of Resolution No. 3-79, seconded by Mrs. Durante. Upon roll call, Council voted as follows: Mrs. Durante - Yes; Mr. Gomery -Yes; Mr. Scheifley - Yes. The motion passed with a 3-0 vote. Mr. Scheifley declared the meeting adjourned at 12:50 P.M. 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 January 9, 1979, which minutes were formally approved and adopted by the City Council on ~. ~! /~;_~ . NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are nOt the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 2- 01/09/79