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02-12-79 FEBRUARY 12, 1979 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:03 P.M., Monday, February 12, 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. Mr. Chapin was absent. 1. The opening prayer was delivered by Reverend Roy Forward, Missionary Alliance Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Scheifley moved for approval of the minutes of the r~gular meeting of January 22, 1979 and the special meeting of January 15, 1979, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1 Mrs. Durante noted that the newspapers have~ stated that ~ Delray Beach Housing Authority is interested in taking over the Lake Delray Apartments. The Housing Authority is putting together their proposal to be sent to HUD requesting financing for the pro- ject. She believes that the Housing Authority Commission would like to have some letter of support or resolution of endorsement from this Council. She, for one, would be willing to do that and anything else she can do to assist them in that endeavor. She feels that it is a very worthwhile step that the Housing Authority is taking. Mr. Michael Brody, Vice-Chairman of the Housing Authority, advised that Mrs. Durante has stated their case very well. This foundation has been in some trouble. There is not enough housing in Delray, or the vicinity, for the older people and they are trying their best to convince HUD through the offices of Dan Mica and Senators Stone and Chiles to work on their behalf and he feels that a letter from this Council would help them greatly. Mayor Weekes suggested that Council instruct the City Attorney to prepare a resolution and call a special meeting prior to next Tuesday night's Workshop to adopt the resolution and give it to the Housing Authority at that time. It was the consensus of Council to do as Mayor Weekes suggested. 4.b.1. Mr. Gomery stated that he heard some good words about the golf course. He was out there on Friday and was favorably impressed. 4.c.1. Mr. Scheifley noted that he has a special interest in the golf course and he has been spending 4 or 5 hours a day there and he reported to Council that, from his observations, everything is going amazingly well. They have 200 paid up members in the first twelve days of February, the clubhouse has been repainted, the starter shed has been rebuilt, the pro shop was repainted today, markers were put up and today the new ball picker for the driving range was delivered. He is sure that if things continue to go as they are the golf course is going to be a tremendous success. 4.d.1. Mayor Weekes presented a proclamation proclaiming the week of February 19 through 25, 1979, as "Big Brothers/Big Sisters Appreciation Week". A representative from the audience came forward and accepted the proclamation. 4.d.2. Mayor Weekes presented a proclamation calling for the first nonpartisan election to elect two Council members to be held on Tuesday, March 6, 1979, between the hours of 7:00 A.M. and 7:00 P.M. 4.d.3. Mayor Weekes gave his congratulations and thanks to all the people who made possible the basketball tournament, which just ended yesterday. This is one of the outstanding invitationa~ tourna- ments in the United States and they owe a great debt of gratitude to the City Administration, Dan Winters and particularly to Bill Smith who really started this project and has kept after it in the years that have followed. The finals were held in Pompey, Park which was the first formal event held there and it really brought great credit to the City for which he is very proud of the whole project. 4.d.4. Mayor Weekes requested that the last item on the agenda, item 9.i., be moved forward to follow item 5. Mr. Scheifley moved that item 9.i. be moved up to follow item 5 and come before item 6.a., seconded by Mr. Gomery. Said motion passed unanimously.. 5. Ron Sanson, 415 Bluebird Drive, referred to the portion of S.W. 4th Avenue that leads into Miller Park which for many years they have tried to get paved. It was finally shell-rocked and that's the way it stands now. About two weeks ago, two professionally-done signs were erected, one facing each direction, on the property line of this house which fronts on the street. The sign says that this - section of road is private property and effective March 1st will be closed to the public. Mayor Weekes stated that the City Administration will look into this. He spoke with Mr. Gregory within the last two weeks about the possibility of putting asphalt on that road and finishing the construction of it so that they might then go in and put a bicycle path. Mr. Sanson stated that about 1½ years ago when Bass Creek Development was first getting off the ground the developer went out and erected a billboard type of sign fronting on 1-95. He questioned the legality of it then and he still questions the legality of that sign. About a month or two ago, that sign was changed and it is now advertising the Shadywoods Development. He feels that it is an illegal, off-premise sign. The City Manager agreed to look into this. 9.i. The City Manager reported that the Planning & Zoning Board at a meeting held on November 21, 1978, considered the Spinner rezoning request of a 3.8-acre parcel of land from R-1AA (Single Family Dwelling) District to RM-6 (Multiple Family Dwelling) District, located in Section 21-46-43 on both sides of Del-Haven Drive, between the Intracoastal Waterway and A1A. After discussion, a motion was made to recommend to Council that the rezoning.request be denied for the following reasons: 1) The'citizens were not~n favor of this rezoning request. 2) The change would be contrary to the recently adopted Land Use Plan, and would have an adverse effect on that plan by allowing multiple family to encroach into the single family area. 3) The change would be contrary to the existing single family land use pattern. - 4) The change would create an increase in traffic congestion and effect public safety by increasing the traffic volume over what it would be under the present zoning. 5) There are no substantial reasons why the property cannot be used in accord with the existing zoning. The motion failed in a tie vote of 3 to 3 (Blair, Hill and Wallin voting ."no"; Plume, Stebbins and Carey voting "yes"). This was discussed at the February 5th workshop meeting. Robert Dittman of Gringle, Spinner and Dittman of Delray Beach spoke on behalf of the petitioner. The petition is to rezone certain lots in Del Harbour Subdivision from R-1AA to RM-6. The lots - 2 - 2/12/79 ! are Lots 29 through 32 and 36 throUgh~44. Following the workshop meeting last week, the principals involved in this petition con- sidered the comments of Council and also reflected on the comments of the Planning and Zoning Board as to the petition in question. After considerable thought to the objections that were raised, the peti- tioners would propose to modify the petition as follows: To elim- inate Lots 39 through 44 from the petition. These lots are shown on the diagram. They are the lots to the north of Del Haven Drive extending west from Lot 44 to the Intracoastal Waterway, Lot 39 being on the corner of the Intracoastal Waterway. Upon the advice of the City Attorney, this may be an oral or a written modification at the pleasure of Council. This modification is done in response to the expressed concern of residents of Delray Beach Shores which is the area to the north of the 75 foot canal. Basically, their objection has been presently anticipated and also in the past has been looked at as not an adequate buffer to the type of zoning that is sought to be obtained. This modification, it is hoped, will eliminate the objections that are coming from the residents of Delray Beach Shores. They asked for leave to amend the present petition pending before Council and to have this referred back to the Planning and Zoning Board for their consideration and recommendations to Council. Mayor Weekes stated that what Mr. Dittman offers is a reasonable compromise under the circumstances and he would seek the consensus of Council to have it referred back to the Planning & Zoning Board in the context in which he presented it. Mr. Scheifley moved that this amended petition be referred back to the Planning & Zoning Board for their study and recommendation to Council, seconded by Mrs. Durante. Said motion passed unanimously. The City Attorney was requested to give a ruling on whether or not the Planning & Zoning Board would be required to hold another public hearing. 6.a.1. The City Manager reported that next Monday would ordi- narily be a regular workshop meeting of City Council. That, however, is a City holiday so he requested that Council have a special work- shop meeting next Tuesday night on February 20th. Mrs. Plume of the Planning & Zoning Board stated that they are holding a public hearing in the Council Chambers on that date. Mayor Weekes suggested that the City Manager poll the Council and establish a date for the work- shop. 6.b. The City Manager reported that the City's five finalists for the City ~lag design are posted in the Council Chambers. It is up to Council to decide on a winning flag. Mayor Weekes suggested that the Council list its preference of the first three choices. Each flag that gets a Number 1 choice gets 3 points, each flag that gets a Number 2 choice gets 2 points, each flag with a Number 3 choice gets 1 point and the flag with the most points wins. The City Clerk tabulated the votes. Mayor Weekes report- ed that flag #11 received 7 points, flag #34 - 7 points, flag #2 - 6 points, flag #29 - 3 points and flag #30 - 1 point. He instructed Council to drop the lower three and vote again on #11 and #34 assign- ing 2 points to the first choice and 1 point to the second choice. Flags #11 and #34 tied with six points each. It was the consensus of Council to accept flag #34 as the winning flag subject to modification of the concept by a professional artist. The winner is to be given a $50 savings bond. The City Manager reported that the name of the winner is Jackie Law, a City employee. 6.c. The City Manager reported that it is recommended that Council approve the execution of a Developers Utility Service Agree- ment with High Point of Delray Builders, Inc. for the providing of water and sewer service to the area described as High Point of Delray Section VII (Phases II, III and IV). $27,700 will be deposited in the Developers Fund account to cover 277 units @ $100 each. - 3 - 2/12/79 Mrs. Durante moved that Council execute the agreement with High Point of Delray Builders, Inc., seconded by Mr. Gomery. Said motion passed unanimously. 6.d. The City Manager reported that it is recommended that Council approve the execution of a Developers Utility Service Agree- ment with High Point of Delray Builders, Inc. for the providing of water and sewer service to the area described as High Point of Delray Section VI. $29,300 has been deposited in the Developers Fund account to cover 293 units @ $100 each. Mr. Gomery moved for the approval of the Developers Utility Service Agreement with High Point of Delray, Section VI, seconded by Mr. Scheifley. Said motion passed unanimously. 6.e. The City Manager reported that it is recommended that - Council authorize the execution of Letters of Contract between the City and Palm Beach County CETA extending the following projects from January 5, 1979 to February 27, 1979: Project No. Name No. of slots 101 Restoration & Beautification of City Cemetery, Beautification of Parks & Public Areas and West Atlantic Revitalization 12 132 Water Meter Installation 8 133 Substandard Housing Improvement 4 134 Sidewalk Trash Container & Gargage Container Maintenance 15 '~'~ 135 East Side Parks Development 7 46 Mrs. Durante moved that Council approve this contract between the City and Palm Beach County CETA to extend the project from January 5, 1979 to February 27, 1979, seconded by Mr. Gomery. Said motion passed unanimously. 6.f. The City Manager reported that it is recommended that Council authorize the execution of a Letter of Agreement between the City and Palm Beach County CETA extending the 14 Title II maintenance positions from January 1, 1979 to September 30, 1979. Mr. Gomery moved for approval of the Letter of Agreement between the City and Palm Beach County CETA extending the project from January 1, 1979 to September 30, 1979, seconded by Mr. Scheifley. Said motion passed unanimously. -- 6.g. The City Manager reported that it is recommended that $50,000 be transferred from the General Fund Contingency Account to help finance the revised pay plan implementation. Mrl Scheifley moved that Council transfer $50,000 from the General Fund Contingency Account to implement the revised pay plan approved by Council a couple of weeks ago, seconded by Mr. Gomery. Said motion passed unanimously. 6.h. The City Manager reported that in compliance with requirements set forth in Chapter 12 of the City's Code of Ordinances, Council should appoint Clerks and Inspectors to conduct the upcoming elec- tion. The City Attorney stated that this is for the purpose of authorizing the City Clerk to appoint from the poll workers listed an election board consisting of 3 inspectors and a clerk for each pre- cinct. - 4 - 2/12/79 Mr. Gomery moved for the approval of the list of poll workers for the March 6th election as outlined on 6.h. of the agenda, seconded by Mr. Scheifley. Said motion passed unanimously. 6.i. The City Manager reported that Council should consider designating a Council Member as a representative for the testing of the Automatic Tabulating Equipment relative to the Delray Beach Municipal Election at the office of the Supervisor of Elections in West Palm Beach which will be held either Friday, March 2nd or Monday, March 5th. Mayor Weekes suggested that Mr. Scheifley be appointed the representative. Mrs. Durante moved that Mr. Scheifley be appointed to represent Council as outlined in item 6.i. of the agenda, seconded by Mr. Gomery. Said motion passed unanimously. 6.j. The City Manager reported that it is recommended that Council authorize approval of Grant Agreement Amendment for Sanitary Sewerage Project, Part B. This increase would amount to $202,229, which increase was sought (and obtained) due to the bids for con- struction being higher than estimated on the original grant. Addi- tion of the $202,229 grant thus brings the total approved grant offer to $1,353,822. This total amount is for revamping and updating the master lift station on the Intracoastal Waterway in City Park in order to accommodate the City's sewer service to the new regional plant. There is a small amount of revamping the force mains to be done on the beach and nearby and included in this will be the correc- tion of a serious overflow problem the City has had at a manhole on N.E. 1st Street near the Adult Recreation Park. Mr. Gomery moved that Council accept the increase in the grant figure to a total of $1,353,822, seconded by Mrs. Durante. Said motion passed unanimously. 6.k. The City Manager reported that in order to comply with the new State Statutes, the City should appoint a Medical Director for the Fire Department. Dr. Richard Vollrath has worked closely with the Fire Department in establishing Advanced Life Support Services and has agreed to serve as Medical Director, if appointed. His fee would be at the rate of $2,000 per year. The City would also need to purchase a walkie talkie at an approximate cost of $1,000 to implement the program, for a total cost for the balance of this fiscal year of about $2,500. This entire amount can be funded with currently budgeted funds. Mr. Scheifley moved for the appointment of Dr. Richard Vollrath as Medical Director for the City at the rate of $2,000 per year, seconded by Mr. Gomery. Said motion passed unanimously. Before roll call, Mayor Weekes stated that he is very happy that a physician of Dr. Vollrath's capability is willing to devote his time to the City for a nominal figure such as this. Upon recommendation from the City Attorney, Mr Scheifley included the $1,000 for the purchase of the walkie talkie in his motion, seconded by Mr. Gomery. At this point the roll was called to the motion. 6.1. The City Manager reported that it is recommended that Council approve a golf cart lease agreement with Polaris E-Z-Go Division Textron, Inc. This would provide for the leasing of 70 carts at the cost of $60 per month per cart, $4,200 per month and this would be on a month-to-month basis. This would give the City time to determine what would be the best cart arrangement on the long term basis. Mr. Scheifley moved that Council approve the agreement between Polaris E-Z-Go Division Textron, Inc. and the City, seconded by Mr. Gomery. Said motion passed unanimously. - 5 - 2/12/79 6.m. At this time Assistant City Attorney Shandy took City Attorney Saberson's seat for the discussion on the proposed amend- ments to the Civil Service Act. The Assistant City Attorney stated that at the last workshop meeting, the suggested amendments were that the Civil Service Act will exclude from its coverage present and future depart- ment heads. Also, it was the consensus of opinion that a suspension in excess of thirty day's dismissal, or demotion, further than the next lower job category within the department may be appealed to the Civil Service Board as in the case of a dismissal. That is a summary of what was approved at the last workshop. At the first workshop on January 25th, there was a consensus of the Board having 2 alternate members added, to the Civil Service Board of 5 and the method of their selection. The Board would elect a Chairman and Vice-Chairman. The Secretary is already provided for in the act. There was a provision with respect to appeals of dismissed employees -and it was the recommendation of the Civil Service Board and the consensus of the Council to approve a provision that the Board shall hear appeals within thirty days from date of appeal filed unless extension is mutually agreed upon by the employee, the City and the Board. There was also a provision with respect to the case of a criminal indict- ment of an employee whereby the City Manager could suspend that employee for a period in excess of thirty days until there was a final adjudication and in the event the employee was found guilty, he would be dismissed. If he were acquitted, he would be restored to his former employment with all back pay. The last amendment that was suggested and approved in consensus was with respect to Section 20 that bonus points for veterans shall be in compliance with Chapter 295 of the Florida Statutes and Amendments thereto. The purpose of bringing it up at this time is the City would like to have official approval of these changes to be made to the Civil Service Act and sUbmitted to the legislative delegation. Mayor Weekes noted that Council did reach a consensus on all the items except the one regarding the removal of department heads from Civil Service and he thinks they were waiting to determine the legal ramifications. Malcolm Bird, 610 S. Ocean Boulevard, stated that Mr. Chapin talked with him last week on this subject. It was the Board's opinion that there would be nothing to preclude the City from bar- gaining on a bilateral basis with current department heads whatever the incentive should be for them to voluntarily go out from under but it was unanimous that it could not be done unilaterally. Mayor Weekes suggested leaving this issue alone at this time and proceed to submit the rest to the legislative delegation. He does not see it as a pressing issue and, if they decide to do it at a future time, it can either be done by referendum the next time there is an election or they can submit it to the legislature at the next session. Mr. Bird suggested that the City remove present depart- ment heads and establish the procedure now. At least the new people would come under that category and the City could establish whatever procedure it wanted for removing the others at any subsequent date. Pending the straightening out of the legal question as to the constitutionality of Section 2, Mr. Gomery moved for the approval of the other proposed amendments to the Civil Service Act, seconded by Mr. Scheifley. Said motion passed unanimously. 7.a. The City Manager reported that a communication has been received from the Area Planning Board dated February 1st requesting A-95 Clearinghouse review and comment relative to APB 1st Year 208 Contingency Planning Process application to implement the Palm Beach County Area-wide Waste Treatment Management 208 Plan. This funding would implement the 208 Plan as referred to in Resolution No. 16-79, agenda item 8.e. The City Manager noted that the letter dated February 7th from the City Manager to APB stating that the program will have no - 6 - 2/12/79 adverse effects on the local natural~ 'S~Cial or economic environment and there is no duplication of funding between efforts of the pro- posed program and those of any related local projects or programs. Council informally agreed to approve the 208 Plan at its February 5th workshop meeting. Mrs. Durante moved that Council concur with the City Manager's letter, as outlined in the agenda, regarding the A-95 review, seconded by Mr. Scheifley. Said motion passed unanimously. 7.b. The City Manager reported that the City is in receipt of an application from John M. Elliot for City water service to serve Lot 13, Block 2, Kenmont, 1212 N.E. 8th Avenue, located outside the City. The applicant having executed the City's standard agreement for the providing of water service outside the City cDnditioned upon the applicant's property being annexed into the City when suc~ is eligible for annexation, approval of the applicant's request for water service is recommended. The request for City water service is to serve an existing single family residence. Mr. Scheifley moved that Council grant the request for water and sewer service subject to the annexation and ~he surcharge for Lot 13, Block 2, Kenmont, 1212 N.E. 8th Avenue, John M. Elliot, applicant. Mr. Sheifley amended his motion upon the advice of the City Manager. Mr. Scheifley moved that Council approve the execution of the agreement, seconded by Mrs. Durante. Said motion passed unani- mously. 7.c. The City Manager reported that the City is in receipt of an application from RMS Office Developers for City water service to serve this property for professional buildings on the south side of Atlantic Avenue, approximately two-tenths of a mile east of Military Trail, located outside the City. The applicant having executed the City's standard agreement for the providing of water service outside the City conditioned upon the applicant's property being annexed into the City when such is eligible for annexation, approval of the appli- cant's request for water service is recommended. The request for City water service is to serve a 5.1-acre area. Water service will be needed within six months and the total project is scheduled to be completed within two years. Mrs. Durante moved that Council approve the execution of the City's standard agreement for water and sewer services for RMS Office Developers, seconded by Mr. Gomery. Said motion passed unani- mously. Before roll call, Mr. Sanson suggested that as the City approves these agreements and actually annexes properties in, the Administration advise the Chairman of the Annexation Committee so that they can keep their maps up to date. At this point the roll was called to the motion. 7.d. The City Manager reported that a communication has been received from American Legion Auxiliary of Sherman Williams No. 188 requesting permission to solicit funds from March 2nd through March 3, 1979, 'approval of which is recommended by the Solicitations Committee. - Mr. Gomery moved for approval of the request from the American Legion Auxiliary of Sherman Williams No. 188 for permission to solicit funds from March 2, 1979 through March 3, 1979, seconded by Mr. Scheifley. Said motion passed unanimously. 7.e. The City Manager reported that the Delray Affair Committee is requesting Council approval of the 1979 Delray Affair for April 20-22 inclusive. This can best be handled by acting on it in two parts. The first a motion giving overall approval to the concept of the Delray Affair, as in past years, and then there's a - 7 - 2/12/79 tent matter to be taken up separately. The committee is asking permission to install tents in the City Park at the Intracoastal for the purpose of displaying automobiles that would be supplied by the automobile dealers in Delray Beach. It is necessary that the Council give approval for the use of any tent for two reasons: 1) these would be on City property and it's not normal for the tents to be on City property; the normal tent approval given by Council is for the holding of revival meetings on private property and 2) give approval subject to compliance with all City Ordinance requirements. It was the consensus of Council to act on this in one motion. Mrs. Durante moved that Council approve the request for the Delray Affair to be held April 20-22 and to erect two tents for the purpose of holding an auto show in the City Park to the west of - the Intracoastal Waterway subject to complying with-all City regula- tions with regard to tents, seconded by Mr. Gomery. Said motion passed unanimously. 7.f. The City Manager reported that a petition for a Certifi- cate of Public Convenience and Necessity was submitted to Council at its meeting on December 11, 1978. A public hearing, in compliance with Section 26-7 of the City's Code of Ordinances, was postponed from the February 12th meeting for the purpose of receiving objec- tions, if any, to the merger of Metropolitan Transportation Corpora- tion and Smokey, Inc. d/b/a Greyhound Taxi. Following the public hearing, Council should determine whether to approve the merger of the two companies. No additional taxicabs are requested. Mayor Weekes opened the public hearing at this time. Dolores Lopat, 1025 Miami Boulevard, of Metric Taxi made the following statements: "This public hearing was postponed several times and a public hearing is not only to know whether this town needs additional cabs but also the character of the person applying. I'm here to speak on behalf of the character that is applying for this transfer. He has been running Metropolitan Taxi for several months out of the Greyhound Terminal even though the transfer has not been approved yet. It has been brought to the attention of several people and just last week, finally, he purchased the one cab 'that has been operating on the road. He has put the car on the road with the new license; however, it has not been inspected by the City. He does not post a City inspection certificate and it states that you do have to have City inspection on your cabs every month from the moment you're given a license. I believe that if you check with that city inspection, you'll find that GreYhound or Metropolitan has not been inspected on a monthly basis such as they all should have. Sec. 26-10, Suspension and Revocation of Certificate, '(C) Has violated any ordinances of the City, or the laws of the United States, or the State of Florida, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation.' Greyhound Rent-a-Car has seized Mr. Kovar's operation of Rent-a-Cars because he was doing illegal tactics. Some of them were driving those Rent-a-Cars around 'town with passengers for hire and he has been caught doing that. His operation has been ceased. He no longer can rent cars through the Greyhound franchise. If Greyhound Rent-a-Car has found this to be serious enough to shut his operation down, then he doesn't care enough for the public to run these people through this town without the proper insurance. You must have a certain insurance in this town to carry public transportation. He does not carry the necessary licenses or insurances on those Rent-a-Cars and he has been doing this for months and months. He has finally been stopped and he is now operating one orange station wagon that is constantly going to the airport. He may say he doesn't but former drivers of his have told me differently. I am not against him oper- ating a taxicab because there is enough for everyone but it is the character that I'm against, Mr. Kovar. He has also done one more thing that has come to our attention; he goes to the airport to pick up passengers in illegal vehicles; such as they are not allowed to go to Fort Lauderdale or Miami to pick up; that is not part of their license; no one can have that in this town. He has been seen and set up an appointment with an 83 year old lady to go down to the Fort - 8 - 2/12/79 Lauderdale airport to pick her up, but,''~sO he wouldn't be known, she is to carry a red balloon. That is the way he was to determine this woman. For two hours, this woman sat at the airport with a red balloon and he never showed up; he's done several things like this. All of this is validated by names of people who have told us these facts. Yesterday he went into my service station and to my mechanic and told him that I am going out of business so he should collect his money in advance. Today he called up to apologize for that. These are the tactics of this man that you are putting in front of the public." Mr. Kovar, applicant, stated that he was here December 23rd and said that all he wanted to do was establish a 24 hour ser- vice in this City. In order to'do that, he would have to have five licenses to develop more equipment to work 24 hours a day. It was from a business standpoint of being of service to this City. There is no 24 hour cab service in the City. It needs one. In the sub- sequent weeks since that meeting he has been excoriated by a former Councilman, Mr. Sanson, and he understands why he is a former Councilman. He has absolutely no awareness of the facts. If you are to believe anything that Ms. Lopat said or her partner,. Mr. Mazzeo, in their criminal report, that is your option. He doe~ not feel it is even worthy of a defense. This thing with the balloon is the most ridiculous thing he has ever heard; it's impossible. If you really want to be aware of the facts, Ms. Lopat is operating illegally. Here is an operation that is operating out of a garage with an answering service piped into their kitchen. All he is trying to do is establish a business in the City and continue a business in the City. All other things are irrelevant. If Ms. Lopat wants to sub- stantiate what she says, fine, she is going to have to eventually in a court of law. He is not going to sit here and take that. He came to the City 5 years ago and he went to the office down the road and the fellow told him if you want to open you've got to put in bushes. He's spent $632 on bushes. He moved out of that location and there are still no bushes in that building but there are two businesses operating out of the very same building. He went into his present building, it was over $20,000 expenses in renovations in that build- ing plus another $2,000 for curb stops, parking spaces, shrubs behind the building. He went through all of that. These people operate out of a garage with an extension in their own kitchen where they can operate right out of the living room while they're watching tele- vision. There is something very wrong here. The City Manager had told him the time before the last time he was here that they are out of business but they are not out of business; they're still oper- ating. He was told on four different occasions that he couldn't operate and he went through whatever procedures were necessary to operate and now all he has come to this Council for is to attempt to merge another company with his in order to provide a 24 hour service. That's all there is to it. The City Attorney stated that in a meeting that he had with Mr. Kovar after one of the other Council meetings in which Mr. Kovar was waiting for him in his office when he came in the next day, Mr. Kovar did indicate to him that he would drop the litigation that he currently has pending against the City and he requested that the City drop the litigation it currently has pending against him. He (City Attorney) agreed with him at that time to recommend that to City Council and also to defer the pending trial in the City's liti- gation, which they did and he thinks which Mr. Tomberg's office is aware of. Mr. Tomberg, attorney for Mr. Kovar, stated that as far as they are concerned, they feel that the lawsuit that they have pending against the City has no bearing on whether or not Mr. Kovar is fit or unfit to operate or to continue, or expand, the operations he has planned for the City. He (Tomberg) has not been present at any of the other Council meetings but he has gotten notes from people who were present and he has made reports of the notes that have come into his hands regarding that. Mr. Kovar has tried to comply with every ordinance in the City regarding the regulation and operation of a taxi service in the City. He has had nothing but a brick wall. Their opinion at this particular time is that they do not feel it's - 9 - 2/12/79 justified to drop the pending litigation merely to expand his ongoing business. They feel that they are offering the City something that's totally to the side; it has no relevance or value to the question before the Council at this time. He knows the Council has to weigh the merits based upon the information provided to them. The City Attorney can advise that hearsay is not admissable into a court of law and the fact that somebody made some outrageous statements is totally preposterous for Council's consideration. The point he is trying to make simply is that Mr. Kovar is setting aside the differences, the criminal action the City brought against him and the civil suit he's brought against the City, and saying to Council on a separate level, he wants to make peace, he wants to live in this community with you and provide a service for you. He's not doing it out of any monetary desire but as an effort to provide the City with a service that is needed. He (Tomberg) doesn't feel the pending litigation either way should matter in Council's consideration of whether or not a public necessity can be remedied or-assisted through Mr. Kovar. Mr. Scheifley stated that he was aware that Mr. Kovar had some sort of litigation against the City but he wasn't aware that the City had some litigation pending against Mr. Kovar. In response to Mr. Scheifley, the City Attorney stated that it is a litigation that is pending in County Court for violation of the City's sign code; it's been pending for quite some time and in reliance on Mr. Kovar's representation to him, they delayed that case. It was scheduled for trial and the City contacted the State Attorney's office based on his representation and delayed the case. He doesn't know when they will get that back on the trial calendar. He understands from what Mr. Tomberg has said that he intends to pursue the litigation against the City and the City is left in the posture that we must also continue the litigation that we have pend- ing against Mr. Kovar. As far as the criteria that Council is to apply in deciding a transfer of Certificates of Public Convenience and Necessity, it is up to Council to determine based on the testi- mony and information they have received whether or not the applicant is fit to render the service that he is requesting and that is the sole basis for a transfer. Mr. Tomberg stated that they had a hearing before. Judge Cohen to determine the constitutionality of the ordinance and, as well, the constitutionality applied in this particular case and it's a hearing that is set in front of Judge Cohen in the County Court at Delray and he believes in Judge Cohen's order of continuance that it could be reset upon either party's notice. His experience in front of Judge Cohen regarding criminal hearings is that it generally takes approximately two to three weeks before it can be reset on a calendar. He doesn't believe there is going to be any delay to it. Upon question by Mr. Gomery, Mr. Kovar stated that he had operated Greyhound Rent-a-Car until recently. His contract expired February 8th. The CitY Attorney asked Mr. Kovar if he has ever used one of the Greyhound cars for taxicab service. Mr. Kovar stated that Ms. Lopat seemed to take advantage of the fact that he had certain indi- viduals working for him. He operates four different businesses and it is very difficult to control four different businsses. It's ironic that the people that he fires, Ms. Lopat manages to hire. He did have people who were working for him and who were using Rent-a-Car who have been subsequently dismissed. He is open from 7:00 A.M. to 9:00 P.M. and he can't possibly be there seven days a week all those hours even though he does have a 100 hour schedule. He still maintains that he has gotten rid of every individual who is responsible. Mr. Tomberg stated that they are not asking the City for additional necessity but just for transfer from one owner to another. The public hearing was closed. - 10 - 2/12/79 Mrs. Durante stated that~he is sorry that all these public hearings that they have been having on this one issue have been a situation where they've heard personal attacks back and forth. That's not something that she wants to sit and listen to. It's just one person's word against another person's word. The main thing that is important to her is whether or not Mr. Kovar is interested in dropping that lawsuit and that is how she is going to base her decision. The City Attorney stated that the criteria on this type of an application depends upon whether or not the applicant is fit. Council could not legally ground its grant or denial solely on whether or not the applicant will drop a pending litigation against the City. Probably one of the most relevant things that have come out of this is Mr. Gomery's question and Mr. Kovar's response. There have been people operating out of his business using cars other than the ones that were authorized by the City Council~ for taxicabs on behalf of his business. Mr. Scheifley stated that he has a lot of respect for the City Attorney's opinion but as far as he is concerned common sense dictates to him that there are other considerations. In this case there is something that affects it other than the stric~ interpreta- tion of the law as the City Attorney outlines it. He does not be- lieve in giving consideration to anyone until they have a written withdrawal of his lawsuit against the City. Mayor Weekes called a recess at 8:45 P.M. The meeting reconvened at 8:55 P.M. In response to Mrs. Durante, the City Attorney stated that part of the function of a hearing is for the Council to listen to the testimony and to judge the credibility of the witnesses and to weigh the evidence. If you would like additional evidence presented, either validating or invalidating some of the charges that were made, he suggests that direction be given to the City Administration to have the relevant inspectors at the next meeting and to reschedule it so that you can be provided that additional information. Mr. Scheifley moved that the Petition be denied on the basis of the information brought out in the hearing. Upon the advice of the City Attorney, Mr. Scheifley reworded his motion. Mr. Scheifley moved that the petition be denied on the basis of the information brought out in the hearing and that Mr. Kovar is unable to render satisfactory service for these additional cabs, seconded by Mr. Gomery. Mr. Scheifley withdrew his motion and Mr. Gomery withdrew his second. Mr. Gomery moved that due to the fact that Council has heard tonight that Mr. Kovar is not in compliance with some of the City ordinances and that he has admitted tonight that he has operated rental cars illegally as taxicabs, it is his (Gomery's) conclusion that Mr. Kovar is not fit to increase his operation of taxicabs within the City, seconded by Mrs. Durante. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 12-79, rescinding Resolution No. 9-79 opposing the widening of A1A is before Council for consideration. Changes have been made by the City Attorney to clarify the intent. The City Manager presented Resolution No. 12-79: A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, RESCINDING RESOLUTION NO. 9-79, AND SUBSTITUTING RESOLUTION NO. 12-79 OPPOSING THE PROPOSED .WIDENING OF STATE ROAD A-1-A WITHIN THE MUNICIPAL LIMITS OF DELRAY BEACH, FLORIDA, AND AUTHORIZING THE VICE- MAYOR TO TRANSMIT A COPY OF THIS RESOLUTION TO THE METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY. - 11 - 2/12/79 (Copy of Resolution No. 12-79 is on file in the official Resolution Book) Mr. Gomery moved that Council adopt Resolution No. 12-79, seconded by Mr. Scheifley. 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 the following quotations have been received for the purchase of two 10 H.P. pumps to replace the existing pump in Lift Station 83: Bidder Quotation Service Industrial Supply Company $3,877.50 West Palm Beach Ellis K. Phelps & Company 4,500.00 Winter Park It is recommended that the contract be awarded to the low bidder, Service Industrial Supply Company in the amount of $3,877.50 by passage of Resolution No. 13-79 with funding to come from budgeted funds. The City Manager presented Resolution No. 13-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE PURCHASE OF TWO 10 H.P. PUMPS TO REPLACE THE EXISTING PUMP IN LIFT STATION 83. (Copy of Resolution No. 13-79 is on file in the official Resolution Book) Mr. 'Scheifley moved for the passage of Resolution No. 13-79, 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.c. The City Manager reported that the following quotations have been received for Lobby, Patio, Library Study Room III, Office and Reception Desk equipment for Pompey Park Recreation Center: Bidder Quotation Diversified Designs Enterprises $8,437.00 Boca Raton Underwood Office Supply. 4,500.00 Lake Worth It is recommended that the award be made to Diversified Designs Enterprises in the amount of $8,437.00 by passage of Resolution No. 14-79. The bid from Underwood Office Supply did not include equip- ment for the Lobby and Patio or include all items requested for the Library Study Room. The purchase of this equipment will be funded by the County Community Development Program. The City Manager presented Resolution No. 14-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF LOBBY, PATIO, LIBRARY STUDY ROOM III, OFFICE AND RECEPTION DESK EQUIPMENT FOR POMPEY PARK RECREATION CENTER. - 12 - 2/12/79 (Copy of Resolution No. 14179 is on file in the official Resolution Book) Mrs. Durante moved for passage of Resolution No. 14-79, 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.d. The City Manager reported that it is recommended that Resolution No 15-79 accepting dedicated streets and storm drains installed in Pines of Delray West Subdivision be approved as operational. The City Manager presented Resolution No. 15-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE DEDICATED STREETS AND STORM DRAINS INSTALLED IN THE PINES OF DELRAY WEST SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 147 AND 148 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL. (Copy of Resolution No. 15-79 is on file in the official Resolution Book) The City Attorney stated that Section 3, of the resolu- tion should be omitted in the motion of adoption. Mr. Scheifley moved for the passage of Resolution No. 15-79 with the deletion of Section 3, seconded by Mrs. Durante. The City Attorney stated that the phrasing of that Sec- tion should be that the developer will be responsible for any defects in materials or workmanship for a period of one year after the City's acceptance as indicated by this resolution. That was really what was intended but that did not get in the resolution. Mr. Scheifley amended his motion for the passage of Resolution No. 15-79 with the deletion of Section 3 and substituting the words as stated by the City Attorney, 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.e. The City Manager reported that Resolution No. 16-79 indicating the City's concurrence with the management recommendations presented in the Palm Beach County Areawide Waste Treatment Manage- ment 208 Plan is before Council for consideration. The Planning & Zoning Board at a meeting held on January 23rd, recommended by unan- imous vote that the resolution be adopted as proposed by the Area Planning Board. This was discussed and informally agreed to by Council at the February 5th workshop meeting. The City Manager presented Resolution No. 16-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, INDICATING ITS CONCURRENCE WITH THE MANAGEMENT RECOMMENDATIONS PRESENTED IN THE PALM BEACH COUNTY AREAWIDE WASTE TREATMENT MANAGEMENT PLAN, HEREAFTER REFERRED TO AS THE "208 PLAN," AND ITS UNDERSTANDING OF THE WATER QUALITY MANAGEMENT AGENCY DESIGNATION PROCESS WHICH IS ORIENTED TO IMPLEMENTATION OF SAID PLAN FOR THE DESIGNATED PALM BEACH COUNTY "208" PLANNING AREA, HEREINAFTER REFERRED TO AS THE "PLANNING AREA". (Copy of Resolution No. 16-79 is on file in the official Resolution Book) - 13 - 2/12/79 The City Attorney stated that there is an attachment referred to in Section 2 of the resolution which has been provided Council and it's designated Water Quality Implementation Strategies. Mrs. Durante moved for the adoption of Resolution No. 16-79 with the attachment as referred to by the City Attorney, 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.f. The City Manager reported that Ordinance No. 3-79, re- pealing Ordinance No. 42-78 and substituting this ordinance annexing parcels of land located west of the E-4 Canal between Germantown Road and the L-37 Canal is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the January 8th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The 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 EXIST- ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 3-79 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 passage of Ordinance No. 3-79 on Second and FINAL Reading, seconded by Mr. Scheifley. 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. Before roll call the following discussion was had: Mr. Gomery asked how this ordinance affects Del Aire and if this puts the City limits closer to Del Aire. Mayor Weekes stated that Del Aire is already contiguous but it hasn't been annexed. The City could legally annex this area. The City Attorney stated that they are still working out the documentation with the developer and he just received some more documentation in the last week. At this point the roll was called to the motion. 8.g. The City Manager reported that Ordinance No. 6-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances to prohibit professional offices as a conditional use in the ~4-15 (Multiple Family Dwelling) District. This ordinance was passed on First Reading at the January 22nd meeting. Prior to con- sideration 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. -6-79: - 14 - 2/12/79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY REPEALING SECTION 29-8(C)(12) TO PROHIBIT PROFESSIONAL OFFICES AS A CONDITIONAL USE IN THE RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 6-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Gomery moved for the passage of Ordinance No. 6-79 on Second and FINAL 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 vote. 8.h. The City Manager reported that Ordinance No. 7-79, amend- ing Chapter 29 "Zoning" of the Code of Ordinances relative to chang- ing the minimum site area requirements from 20 acres to five acres is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the January 22nd 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. 7-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 29-8.1 (D)(1) PRD-4, SECTION 29-8.2(D)(1) PRD-7 AND SECTION 29-8.3(D)(1) PRD-10 (PLANNED RESIDENTIAL DISTRICTS) RELATIVE TO CHANGING THE MINIMUM SITE AREA REQUIRE- MENT FROM TWENTY (20) ACRES TO FIVE (5) ACRES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 7-79 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 passage of Ordinance No. 7-79 on Second and FINAL 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. 8.i. The City Manager reported that Ordinance No. 4-79 rela- tive to amending Chapter 13 "Electricity" of the Code of Ordinances regarding adoption of the latest revision (1978 edition) of the National Electrical Code and changes in fees is before Council for consideration on First Reading. This was skipped at the January 22nd meeting for revisions The City Manager presented Ordinance No. 4-79: - 15 - 2/12/79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 "ELEC- TRICITY'' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 13-4 (f)(2) RELATING TO FEES FOR THE ISSUANCE OF ELEC- TRICAL PERMITS; REPEALING SECTION 13-4(f)(3) RELATING TO FEES FOR POOL HOOKUP AND ENACTING A NEW SECTION 13-4(f)(2) AND (3); AMENDING SECTION 13-4(g) TO REFLECT THE OPERATION OF ALL ELECTRICAL APPARATUS WITHIN THE CITY SHALL CONFORM TO THE RULES AND REGULATIONS OF THE NATIONAL ELECTRICAL CODE, 1978 EDITION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 4-79 on First Reading, seconded by Mr. Scheifley. 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.j. The City Manager reported that Ordinance No. 8-79 rela- tive to annexing a 4.586-acre parcel of land located in Sections 28-46-43 and 29-46-43, east side of U.S. No. 1 between Avenue "H" and Avenue "K", subject to RM-10 (Multiple Family Dwelling) District is before Council for consideration on First Reading. Council, by passage of Resolution No. 103-78, requested the Board of County Commissioners for permission to rezone the land to be annexed from County zoning classification RS (Residential Single Family) and CG (General Commercial) to RM-10 (Multiple Family Dwelling) District. Permission from the Board of County Commissioners to rezone the subject property to City zoning classification having been received, Council may consider passing the ordinance on First Reading. Second and FINAL Reading and public hearing will be held at the meeting on March 12th. The City Manager presented Ordinance No. 8-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH PARCELS OF LAND LOCATED IN SECTIONS 28 & 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Gomery moved for the passage of Ordinance No. 8-79 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 vote. 8.k. The City Manager reported that Ordinance No. 9-79 rela- tive to annexing a 16.024-square foot parcel of land located on Lot 21, Lake Shore Estates, southwest corner of Pineridge Road and N.W. 3rd Avenue, subject to R-1AA (Single Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family) District. Council, at the January 22nd meeting, directed the City Attorney to prepare the ordinance. Second and FINAL Reading and public hearing will be held at the meeting on March 26th. The City Manager presented Ordinance No. 9-79: - 16 - 2/12/79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 9-79 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 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on January 23rd, recommended by unanimous vote that the zoning ordinance be amended to allow attendant access- ory uses associated with golf courses, swimming clubs and tennis clubs. This is a revision to the Planning & Zoning Board's December 12, 1978 recommendation in that "racquetball clubs" have been de- leted. Council decided informally at the February 5th workshop meeting to direct the City Attorney to prepare the zoning ordinance amendment. In response to a question from Mr. Gomery, the City Attorney stated that the definition of "club" is currently under ~review and the purpose that that provision was trying to accomplish can be accomplished but in a different way. Mrs. Durante moved that Council authorize and direct the City Attorney to prepare the ordinance, seconded by Mr. Gomery. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on January 16th, recommended by a vote of 6 to 1 (Wallin dissenting) that the zoning ordinance be amended rela- tive to allowing the platting of slab areas within the multiple family dwelling districts. Council, at the February 5th workshop meeting, decided informally to direct the City Attorney to prepare the zoning ordinance amendment. In response to questions from members of Council, the City Attorney stated that this has been raised by several people who have come through the platting process that if they're in a multiple family zoning district in the event they want to build a multiple family project, they're left with one alternative which is to go through the condominium route. They can't convey ownership of indi- vidual lots because the procedure for going through the platting process has required them to plat something that would be equivalent to or in excess of a single family lot and, that being so, you're telling them on one hand that it's a multiple family zoning district and if they divide the land they've got to go through the subdivision process, if they go through the subdivision process they can only plat a single family lot. There has been some inconsistency and this was one of the things that was proposed to eliminate that incon- sistency and provide them an opportunity to plat something less than a single family lot. Frank Carey, Chairman of the Planning & Zoning Board, stated that there was a great deal of confusion regarding this issue among the Board members; they really didn't know the full ramifica- tions of this. The City Attorney had advised them that there was nothing wrong with it. From that standpoint, the Board was influenced. - 17 - 2/12/79 Tore Wallin, Planning & Zoning Board member, stated that his main reason for voting against this was that he didn't understand it. Mr. Roy Simon, architect, stated that his client has done this elsewhere and it appears that it can be done elsewhere. The situation is that they would like to transfer to purchasers the apartment and the ground under it with the balance of the property being owned in joint ownership with the remainder of the other owners, a common ownership. Apparently there is some reason why the City doesn't want an owner to transfer the apartment and the land under it. The City Attorney stated that the important consideration for the home-owner, the streets and utility lines, that sort of thing would be provided for in the plat. Also, the density of the land use would be set in the plan and even if the developer-did retain title to a portion of the land, he couldn't use it for any purpose other than that provided in the site plan. There is a degree of protection that could be added in that area but by and large he thinks that there is some adequate protection and they will try and add some more in the incorporation of the ordinance. After considerable discussion, Mrs. Durante moved that the City Attorney be instructed to prepare the ordinance for Council's consideration, seconded by Mr. Scheifley. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on January 23rd, recommended by unanimous vote that the zoning ordinance be amended relative to providing for the abandonment of conditional uses. Council informally decided at the February 5th workshop meeting to direct the City Attorney to prepare the zoning ordinance amendment. Mr. Gomery moved that Council direct the City Attorney to prepare the ordinance providing for the abandonment of conditional uses, seconded by Mrs. Durante. Said motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on January 16th, recommended by unanimous vote that the zoning ordinance be amended relative to allowing build- ing heights of four floors in the RM-10 zoning district when a development is located in a flood zone area. Council decided in- formally to direct the City Attorney to prepare the zoning ordinance amendment at the February 5th workshop meeting. Mr. Scheifley moved that the City Attorney be directed to prepare an ordinance relative to allowing building heights of four floors in the RM-10 zoning district when a development is located in a flood zone area, seconded by Mr. Gomery. Said motion passed unanimously. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting' held on January 16th, recommended by unanimous vote that the conditional use approval request for Bible Church of God of Delray Beach, located at the southeast corner of Lake Ida Road and Depot Avenue be approved, subject to the following: 1) Comments of the City Engineer as stated in his memo- randum of November 30, 1978. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of November 9, 1978. 3) Comments of the Community Appearance Board as stated in their December 27, 1978 minutes. 4) Availability of water. 5) A time limitation of one (1) year be set for develop- ment of the project. - 18 - 2/12/79 This was discussed at the February 5th workshop meeting. Mr. Scheifley moved that Council accept the recommenda- tion of the Planning & Zoning Board relative to conditional use approval for Bible Church of God of Delray Beach, seconded by Mrs. Durante. Said motion passed unanimously. Mayor Weekes left the Council Chambers for the duration of items 9.f. and 9.g. and Mayor pro-tem Scheifley took the chair. 9.f. The City Manager reported that the Planning & Zoning Board at a meeting held on January 16th, recommended by unanimous vote that the site and development plan approval for Rainberry Bay (Section II), located at the northwest corner of Lake Ida Road and Davis Road, be approved, subject to the following: 1) Comments of the City Engineer as stated in his memorandum of December 26, 1978. 2) Availability of water. 3) A time limitation of 18 months be set for develop- ment of the project. This was discussed at the workshop meeting on February 5th. Mrs. Durante moved that Council sustain the recommenda- tion of the Planning & Zoning Board subject to the comments in the preface to the agenda, seconded by Mr. Gomery. Said motion passed unanimously. 9.~. The City Manager reported that the Planning & Zoning Board at a meeting held on January 16th, recommended by unanimous vote that the site and development plan approval for Rainberry Bay (Section III), located at the northwest corner of Lake Ida Road and Davis Road, be approved, subject to the following: 1) Comments of the City Engineer as Stated in his memorandum of December 26, 1978. 2) Availability of water. 3) A time limitation of 18 months be set for develop- ment of the project. This was discussed at the February 5th workshop meeting. Mr. Gomery moved for the approval of the site and development plan for Rainberry Bay, Section III, subject to the comments listed in the agenda, seconded by Mrs. Durante. Said motion passed unanimously. 9.h. The City Manager reported that the Planning & Zoning Board at a meeting held on January 23rd, recommended by unanimous vote that the request for replat of a portion of Tracts C and F and Building Lots 37, 38 and 39, Rainberry Bay - Section IA changing the location and size of three buildings, at the northwest corner of Lake Ida Road and Davis Road, be approved, subject to the comments of the Director of Public Works/Utilities as stated in his January 12th memorandum. Mrs. Durante moved that Council sustain the recommenda- tion of the Planning & Zoning Board relative to the replat of Rain- berry Bay, seconded by Mr. Gomery. Said motion passed unanimously. Mayor Weekes returned to the Chambers at this time. Mayor Weekes declared the meeting adjourned at 9:45 P.M. City Clerk - 19 - 2/12/79 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of February 12, 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 com- pleted as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 20 - 2/12/79