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02-26-79 FEBRUARY 26, 1979 A regular meeting of the City Council of th~ City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Monday, February 26, 1979, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, Charlotte G. Durante, John E. Gomery, Jr., and James H. Scheifley, present. 1. The opening prayer was delivered by Father Cliff McWhorter, St. Matthews Episcopal Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Gomery moved for the approval of the minutes of the regular meeting of February 12, 1979, seconded by Mrs. Durante. Said motion Rassed unanimously. 4.a.1. Mr. Chapin noted that he had not been present at the Council meeting of February 12, 1979, at which time Council selected the City flag. He requested, in light of the criticism that has evolved because of this decision, Council give him the opportunity to express his opinion by reconsidering this matter at a future time. In response to Mr. Gomery, Mayor Weekes stated that the prize has been awarded and it would have to stand. If Council de- cides to reconsider, they would have to come up with another $50. It was the consensus of Council to reconsider the selec- tion of the City flag. 4.a.2. Mr. Chapin stated that four weeks ago, he asked the City Manager for a report about their implementation of the physical fitness program. The City Manager stated that he intended to have it on the last workshop meeting agenda but he was unable to and it will be on the next workshop agenda. 4.a.3. Mr. Chapin suggested that in the spirit of friendly competition a softball game be scheduled between Council, the board members, and the Administration. 4.a.4. Mr. Chapin stated that he read Attorney General Smith's opinion regarding the City Attorney's request as to whether or not a City can spend public funds to maintain privately owned streets in a residential subdivision within the City limits. The answer was no. He assumes that this resolves the request by some of the residents of High Point about the City paving those privately owned streets. He requested that those residents of High Point be so advised. 4.b.1. Mrs. Durante noted that last Thursday evening, the Roots Cultural Festival Committee presented a Miss Jennifer Johnson, who is an accomplished pianist, from Montclair, New Jersey. She happened to be in the area visiting some relatives and she.graciously agreed to put on a benefit performance for the Roots Cultural Festival. When the program was being drafted, she (Mrs. Durante) was called by the committee and asked to do the welcome. When she got there and got a copy of the program, she noticed that she was supposed to present the key to the City and she wasn't prepared for that; she didn't know if the City had a key. She quickly wrote a little speech; a presenta- tion using the letters, in 'Delray' and stated that the key to Delray is shaped by the letters in its name and she gave a word to each letter in the name 'Delray'. After the presentation, Miss Johnson told her that that was the most meaningful key that she has ever been presented with and asked for it in writing. Mr. Scheifley stated that about five or six years ago, the City got five beautiful keys. While he was Mayor, one of them went to the International President of the Kiwanis, one to President Ford, one to Frank Borman, the astronaut, and he knows there's at least one left. Mayor Weekes requested that the Administration have one of the secretaries type Mrs. Durante's speech and give it to Council. 4.c.1. Mr. Gomery asked the City Manager about the accident sign outside of City Hall and whether or not it is used anymore. The City Manager stated that he suspects they're in the midst of making some changes in it but he will check that out. It is still being used. 4.c.2. Mr. Gomery stated that a week from tomorrow is the City election and he hopes that people will vote. 4.d.1. Mr. Scheifley stated that at the last workshop meeting, Dan Murray and Mike Dudack from the DOT gave a little survey .on what they are going to do on Federal Highway. They presented several slides that were taken on the corner of 6th Avenue and Atlantic Avenue which is one of the worst spots in the City for traffic. As he turned left there tonight, a car in the last parking place in front of the Colony Hotel backed out and he swerved and missed him by a couple of inches. He feels that that last parking place should be eliminated. He suggested that the Administration look into that. 4.e.1 Mayor Weekes presented a proclamation proclaiming March 7, 1979 as "ORT Day". ORT stands for the Organization for Rehabili- tation through Training. Four ladies from ORT came forward and accepted'the proclamation. 4.e.2. Mayor Weekes presented a proclamation declaring March 4, 1979 as "Palm Beach County Sports Hall of Fame Day" in Delray Beach. He signed the proclamation and instructed the City Clerk to have it delivered to the proper authorities. 4.e.3. Mayor Weekes noted that Council is considering some sort of an appropriate memorial to Jack Saunders, our late beloved Mayor and Council member of many years. He was asked at workshop to con- tact Mr. John Kabler and Mr. Marshall DeWitt to try to arrive at some kind of a suitable commemorative. He has talked to both gentlemen, told them what the City is trying to accomplish and has arranged to meet with them later this week to see if they can formalize some- thing. 5.a. Frank Carey, Chairman of the Planning & Zoning Board, reported that he appeared before the County Commission last Thursday night. Dan Kotulla, Serafin Leal and himself appeared before the full County Commission on the subject of the pockets in Delray Beach. He reported to them that this Council is dealing with the 18 pockets one by one. He told them that the City would be very pleased if they would honor its request that in terms of West Atlantic Avenue from 1-95 to Barwick Road we avoided strict commercial. It was a good meeting and he thinks they made some headway with the Commission. The County Commision received a report from their Planning staff on Delray's Comprehensive Plan and the report is extraordinarily favor- able. There are only two issues that have to be addressed,' Other than that, they are very complimentary to the plan and the standard remark is that it meets the requirements of the State Act. Serafin Leal will respond to the questions raised; there are only one or two and they are minor. Mr. Leal will report to the Planning & Zoning Board and they in turn will report back to Council and it will be Council's responsibility to respond back to the County Commission. Mr. Carey requested that Council table item 8.e and refer it back to the Planning and Zoning Board for consideration. He feels they have acted a bit hastily on this one and, as conceived and written, there is not sufficient safeguards. Mr. Scheifley moved that Council table item 8.e. and refer it back to the Planning & Zoning Board, seconded by Mr. Gomery. Said motion passed unanimously. 5.b. Ron Sanson stated that he and Mr. John Donovan would like to reserve the time to be recognized to speak under item 8.a. - 2 - 2/26/79 5.c. Willie Sharp, S.W. 14th Avenue, stated that he is con- cerned that the City had made a promise last year about the light on 12th Avenue and Atlantic Avenue. There are four streets cut off in that area and there are no stop signs. 1st Street should be a through street in the Southwest section of town. 1-95 has everybody blocked off. He has been before the Administration several times and the City has done nothing but make promises. He was told the DOT would do something about a stop light on Atlantic Avenue. Mayor Weekes stated that the City has no control over the traffic signalization of West Atlantic Avenue; that is not a City function. However, the City can do something about making S.W. 1st Street a through street and requested that the City Manager check this out. Mrs. Durante stated that she remembers that same inter- section being discussed when a DOT Engineer came to the Chamber of Commerce some time ago. He was going to study it at that time. 5.d. Winston Keyes, 24 S.W. llth Ave, referred to St. John's Day and stated that they always come and see the Mayor about it. St. John's Day will be the fourth Sunday in June. Mr. Keyes asked Mayor Weekes if he would come down and give a speech on that day. Mayor Weekes stated that he would check his calendar and contact Mr. Keyes. 6.a.1. The City Attorney reported that there are two other ordinances that will have to be skipped over tonight; they are items 8.d. which has to be referred back to the Planning & Zoning Board and 8.f. which has to be reworded. No motion was necessary. 6.a.2. The City Attorney reported that he has two items to discuss with Council tonight. One is an authorization to Arthur Strock's firm to .do some engineering work and two ordinances with reference to the Hoffmann property. The City is in litigation with the contractor, Bumby and Stimpson, that did the sewer work in Tropic Isle because of certain filling that was done in those canals. In discussing this with the engineers, they feel that it is necessary to do a canal profile and test borings in order to establish the current level of the canal bottoms and also to determine the natural profile of the bottoms and the degree of foreign material versus natural material that's in those canals at the present time. The estimated cost of the work is $2,300. The City Attorney requested that Council authorize the firm of Arthur V. Strock and Associates to do this work. Mr. Chapin moved to accept the recommendation of the City Attorney to hire Arthur V. Strock to do the requested work at an estimated cost of $2,300, such payment to be paid from the City Attorney's budget, seconded by Mr. Gomery. Said motion passed unan- imously. 6.a.3. The City Attorney stated that an emergency hearing was set over the weekend having to do with the Civil Service Board giving examinations tomorrow. It was heard today at 4:30. Assistant City Attorney Shandy represented the City and the motion for the temporary injunction was denied. 6.a.4. The City Attorney reported that two ordinances have been passed out to Council; Ordinance Nos. 16-79 and 17-79. Both of these relate to the Hoffmann property. Ordinance No. 16-79 refers to the property north of Linton Boulevard and Ordinance No. 17-79 refers to the property south of Linton Boulevard. The City Attorney requested that Council consider these ordinances tonight starting with Ordinance No. 16-79. On page 2 of that ordinance, the time limitation under Section 2b is to be filled in as 18 months, which is the time limitation that was approved by the Planning & Zoning Board. - 3 - 2/26/79 The City Manager presented Ordinance No. 16-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 6.59 ACRES LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF THE NORTH LANE OF U.S. HIGHWAY NO. 1, AND LINTON BOULEVARD EAST EXTENSION BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Chapin moved for the passage of Ordinance No. 16-79 on First Reading, with the insertion of '18 months' time limitation, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following .discussion was had: In response to Mr. Scheifley, the City Attorney stated that the 31 uses are the uses requested by the applicant in his application-and approved by the Planning & Zoning Board. Mr. Scheifley questioned Number 8, gasoline stations and Mayor Weekes stated that there are no gasoline stations in the south end of the City from 10th Street all the way down to the Boca Raton line. Mr. Chapin questioned Number 9, Professional offices such as insurance, financial stocks and the like. He suggested that the language be eliminated in favor of the language used for professional offices as a conditional use. Phyllis Plume, Planning & Zoning Board member, spoke in response to Mr. Scheifley's question about gasoline stations. She stated that she reacted the same way he did regarding it. However, they proved the need to her. She saw the plan and it is a very well designed station; there will be no cars parked around it; they're just dispensing gas; it's not an automotive repair place. Mayor Weekes stated that the wording on Number 9 will be clarified before this ordinance comes up for Second and FINAL Reading. At this point the roll was called to the motion. 6.a.5. The City Attorney reported that Ordinance No. 17-79 refers to the property South of Linton Boulevard and again on page 2, the time period is left blank. The original time period approved by the Plannin~ & Zoning Board was 18 months. There was a later meeting of the Planning & Zoning Board at which 24 months was approved. The uses that are approved for this district are much more limited than in the first ordinance. John Adams, representing Knight Enterprises, the contract purchaser of this development and the proposed developer, spoke on behalf of the applicant. He stated that they badly need time on this second phase development of the Southerly portion of the property. He spoke to some of the members of Council and he understands that this is the second SAD ordinance that has been implemented. The City Ordinances do not require Council to stick in any particular time element. He went back to the Planning & Zoning Board thinking that if they went along with his 36 month request, it would make it easier for Council to go along with it. The reason they need 36 months is primarily money; for the shorter period of time, his client has to decide whether it's worth the gamble to attempt to buy this property because this makes him accelerate his payment oh the land. They can assure the City that this property will be developed if Council will give them 36 months but he can't assure this if they are cut back to 24 months. - 4 - 2/26/79 Mrs. Durante stated that~'~there is the possibility of getting an extension if the person can show good reasons why they have not done 25% of the project. Mr. Chapin noted that this Council has taken a position to treat all people who come forward fairly and in an evenhanded manner. He understands Mr. Adams' position. When it comes to ex- tensions, the City has a reason in its ordinances. In 1971, the City didn't have any ordinances pertaining to extensions, so the then City Attorney, Mr. Fellows, drafted a provision that approvals would have to be expired unless they're 25% completed within the time frame allotted. He (Chapin) thinks the integrity of this Council in treat- ing all fairly is the overriding consideration. The City Attorney stated that this particular ordinance and the provision in the ordinance that refers to the 25% doesn't address itself to the question of abandonment of a development approval. Someone can achieve 25% under this ordinance and stop development and be vested under the ordinance. Putting a shorter time limitation in here does not'deal with that particular problem. In determining the length of time under the ordinance, the principle thing that should be focused on is the risk in approving a longer time period which relates to the chance that things in that parti- cular area will change. The greater the likelihood of change, the less likely you want a long development approval. You also have to consider the number of uses. This particular ordinance only has 3 uses; the risk in looking at the two ordinances is reduced in this particular ordinance. In response to a question from Mr. Scheifley, the City Attorney stated that the affect of granting 36 months would be other people coming in and asking for time periods of a similar nature and he doesn't think it is any binding precedent on the City Council that they must grant a specific time limitation for every development that comes through. Each individual development approval has to be judged on its own merits. Different ones require different amounts of time. In response to a question from Mr. Scheifley, Mr. Adams stated that if Council sustained the recommendation of the Planning & Zoning Board for a time period of 24 months, his client would then have to decide whether he would be willing to take the chance of purchasing the property and. paying for it within 6 months in cash. That's the same identical period of time that he will be investing in the Northerly portion and putting up front money. It will drain him of all of his cash availability if it's done in 24 months. Mr. Scheifley asked Mr. Adams if his client would still go ahead with the project if Council decides on 24 months rather than 36months. Mr. Knight, the applicant, stated that he cannot really answer that at this moment. It does mean that both purchases in which they thought they were going to have a one year mortgage on the north side and a two year mortgage on the south side will'be all cash. That is a lot of money in this particular case. It would make it very difficult for them. Either way that Council rules, they are going to try. It would be very helpful if they could have a mortgage on the second property but if they can't, they'll have to try and do their best without it. Mr. Gomery stated that he was at the public hearing and he was quite impressed by the uses that the two corners are now being put to and he was also impressed by the developer's willingness to move the wall on the south side of the property back off the property line. - 5 - 2/26/79 The City Manager presented Ordinance No. 17-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 AND R-1AA DISTRICT, IN SAD (SPECIAL AC- TIVITIES) DISTRICT, BEING APPROXIMATELY 5.91 ACRES LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF THE NORTH LANE OF U.S. HIGHWAY NO. 1, AND LINTON BOULEVARD EAST EXTENSION BEING IN SECTION 21, TOWN- SHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Gomery moved for the passage of Ordinance No. 17-79 on First Reading and a time 'limitation of 30 months, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - No; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mayor Weekes stated that these two pieces of property have really been thorns in the City's side for almost as long as he can remember. One of them has now been approved for development for Pelican Harbor. Now we have come out with what we believe is going to be and has every indication of being a really beautiful development and some- thing the City will be proud of. The other piece of property is the one Council has under discussion here tonight. They have been hassling over this piece of property for a long time and now they have got someone whom everyone recognizes as a substantial, forth- right developer who has done some beautiful projects. He has come in with something that is aesthetically pleasing. It really is a won- derful solution to a terrible problem and he for one, is willing to try to accomodate them. Unlike Mr. Chapin, he thinks the reason that the Council has the discretion to make this decision is so that they can consider each case on its own merits. Mr. Chapin stated that he wanted to make it clear that he is in favor of this project. The one that's causing the problem is the seller, not the developer. At this point the roll was called to the motion. 6.b. The City Manager reported that it is recommended that Council authorize approval of the stipulation between the City and Palm Beach County Health Department relative to the City's water treatment plant. Basically the stipulation does two things; both of them good. It removes the ~ine extension moratorium and the connec- tion moratorium that was placed on the City some time ago and, se- condly, it adds many days to the period of the contract. This is already approved by the Environmental Control Board and needs action at this time. The City Attorney stated that on page 2, Paragraph D in the last line, there is going to be a minor change. It says that the respondent (meaning the City) shall be given an opportunity to be heard on the question; that should be prior to the imposition of a moratorium. He discussed that with Suzanne Hunter today and she is agreeable to it. Mr. Chapin moved that Council approve the proposed stip- ulation between the City and the Palm Beach County Health Department, seconded by Mr. Gomery. Said motion passed unanimously. 6.c. The City Manager reported that 'it is recommended that Council authorize advertising for sale a 1955 53-foot, Burger yacht; 1978 white Ford Econoline van 150; 1978 white Dgdge Tradesman B-300 maxi van; and 1978 green Dodge Tradesman B-300 maxi van. This is the merchandise recently confiscated through a drug raid by the Police Department. - 6 - 2/26/79 Mr. Chapin moved that Council authorize advertising for sale the items as outlined in the agenda under item 6.C., seconded by Mr. Scheif~ey. 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 Boca RRI Joint Venture for the providing of water and sewer service to the area described as Pine Trail Section 4 (Rainberry Woods). $10,600 will be deposited in the Developers Fund account to cover 106 units @ $100 each. Mr. Chapin moved for the approval of a Developers Utility Service Agreement with Boca RRI Joint .Venture, seconded by Mrs. Durante. Said motion passed unanimously. 6.e. The City Manager reported that the term of Kelly E. Brown, Jr. as a regular member of the PERC will expire on March 13, 1979. It was informally decided at the February 21st workshop meet- ing to reappoint Mr. Brown to a new four-year term ending March 13, 1983. Mr. Scheifley moved that Kelly E. Brown, Jr. be reap- pointed as a regular member of PERC for a four-year term ending March 13, 1983, seconded by Mr. Gomery. Said motion passed unanimously. Mayor Weekes stated that he had intended to bring up earlier the matter of an appointment to replace Mr. Malcolm Bird on the Civil Service Board. Mr. Bird has sent a letter of resignation effective March 29th. The Mayor suggested that Council discuss this matter at the next workshop meeting. 6.f. The City Manager reported that due to the recent death of Jack L. Saunders, it will be necessary for Council to name his re- placement as a member of the General Employees Retirement Committee. Council, at the February 21st workshop meeting, decided informally to appoint James H. Scheifley to the committee. Mr. Gomery moved for the appointment of James H. Scheifley to the General Employees Retirement Committee, seconded by Mrs. Durante. Said motion passed unanimously. 6.g. The City Manager reported that it is recommended that an agreement between the City and Palm Beach County with respect to Community Delevopment projects be approved subject to the City Attorney's approval. Mr. Gomery moved for the approval of the agreement be- tween Palm Beach County and the City of Delray Beach with respect to Community Development projects subject to the City Attorney's approv- .al, seconded by Mrs. Durante. Said motion passed unanimously. 6~h. The City Manager reported that as was discussed at the February 21st workshop meeting, it is recommended that Council approve submission of the City's finalized list of its thr%e-year Community Development program funding request as set forth in the City Manager's letter to the Community Development Program agency dated December 28, 1978. This is a request for a total of $1,955,201 of Community Development Funding over a period of the next three years for eight different items of improvement for the City beginning with the 79-80 fiscal year. Mrs. Durante moved for the approval of the submission of the City's finalized list of its three-year Community Development program funding request as set forth in the City Manager's letter to the Community Development Program agency, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, Mr. Gomery noted that the first request on traffic signalization is West Atlantic Avenue and 12th Avenue which was the one referred to earlier this evening by Mr. Sharp. At this point the roll was called to the motion - 7 - 2/26/79 6.i. The City Manager. reported that the Administration, the City Attorney's Office and the architect and several others have been working the last several days, as time permitted, in attempting to bring this to a point where City acceptance of the Pompey Park Recre- ation Center can be acted upon tonight by City Council. Fortunately, they are at that point. There are several different actions that can be taken care of, possibly with one motion: Council approval to permit the settlement with the general contractor for the construc- tion of the building and to permit the other various transactions to take place, to close out this project costing a little over $800,000; Change order No. 1 in the amount of $3,785.29 has been approved by Council at a prior meeting; Change order No. 2 has not been approved and needs approval tonight - that's one of the items that should be contained in the motion; that amount is $13,267.01 which is the negotiated amount for settlement with the general construction con- tractor for the building. This figure was negotiated down from approximately $24,000, which was the request of the contractor, to almost half that amount by Roy' Simon, architect for the building. Mr.~ Simon spent considerable time in those negotiations and he (City Manager) thinks that it as good a settlement as the City can get. This is an additional $13,000 to the contractor that is brought about by the introduction of the possibility of solar energy into the building. There are certain facilities that have been installed in the building that will lend themselves for use to the installation of solar energy at a future date should the City be able to get a grant and Doug Dawson of the Community Development is quite optimistic that the City might be able to do so at some future date. In the negotia- tions for the City to accept the building as complete and to settle conclusively and finally with the general contractor, the second item would be the payment 'to the contractor a total of $40,956.27 on Tuesday, tomorrow. This has been under negotiation for some time and one of the reasons that the contractor was willing to finally negoti- ate what was originally a $24,000-plus figure down to $13,000 is in order to collect the money that he has coming for the work that he has done on the building; most of that amount is money that the City has been holding for some time in an attempt to reach final settle- ment on all the items including solar energy. The third item would be that the City would hold in reserve and not pay the contractor an amount due him in the amount of $4,050 and that amount would not be paid the contractor until the release of all liens has been had. The fourth item would be this overall document presented to Council, which would be approval of the figures, and the fifth item would be acceptance of the building of the Center as complete, as far as the general contractor is concerned. The total project cost of that development is $833,762.67 for the entire construction and everything involved in the Pompey Park Recreation Center building. With settle- ment as recommended, the City's share of that project would be $16,062.67, so the City's share would be about 2%;° about 98% of the funding would be Federal Government funding. A sixth item would be the source of funding for the $16,062.67 the City's share that he just referred to and the funding is recommended to come from two sources: $1,000 to come from the General Fund Contingency Account and the remaining $15,062.67 to come from the Capital Improvement Fund interest earnings. Mr. Scheifley moved that Council accept as complete and final the construction of Pompey Park Recreation Center and authorize finalization of the financial transactions in connection therewith as outlined by the City Manager, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call the following discussion was had: In response to a question from Mrs. Durante, the City Manager stated that the City is accepting the building as complete with regard to the responsibilities of the general contractor, Sessoms-Grice. Mr. Scheifley stated that he went out there yesterday to look at it and he saw that there was no landscaping at all. He spoke to the City Manager this morning who explained t~at this item tonight does not include the landscaping. - 8 - 2/26/79 2. 8 8 Mr. Chapin stated that thi~ project is $800,000, granted the City is putting up only $16,000 of it but that is a large order for the Council to digest and he feels overwhelmed. The City Manager stated that this contract was let some time ago and the work has been in progress for a long period of time. All the payments have been made to the contractor with the exception of about $30,000. The reason for this recap is to provide a record of where all the money goes. He would never recommend acceptance of any facility without the recommendation of the architect or the engineer who designs the building. At this point the roll was called to the motion. 7. There were no petitions and communications. 8.a. The City Manager reported that Resolution No. 17-79 supporting the efforts of the Delray Beach Housing Authority to obtain funding from HUD for the purchase of the Lake Delray Apart- ments to be used as senior citizen housing units is before Council for consideration. The drafting of this resolution was authorized by Council some time ago and a copy of the minutes of that meeting were furnished to Mr. Brody for his use in court. The City Manager presented Resolution No. 17-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE EFFORTS OF THE DELRAY BEACH HOUSING AUTHORITY AND TO LEND ITS SUPPORT TO THE EFFORTS TO PROVIDE ADEQUATE HOUSING FOR ALL THE RESIDENTS OF THE CITY OF DELRAY BEACH BY APPROVING OF THE DELRAY BEACH HOUSING AUTHORITY'S EFFORTS TO OBTAIN FUNDING FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE PURCHASE OF THE LAKE DELRAY APARTMENTS. (Copy of Resolution No. 17-79 is on file in the official Resolution Book) Ron Sanson, 415 Bluebird Drive, stated that he has come here tonight as the Chairman of the Board of Directors of the Tropic Palms Homeowners Association and he has with him, John Donovan who is the President of that Association. They are here to request that Council reconsider their action on this matter and to specifically ask that Council table this resolution for a period of one week at least. The reason that they request that is that there are some of them in Tropic Palms who are becoming quite concerned about some of the implications of what might transpire here and they have called a Board of Directors meeting for this Wednesday night to discuss the issue and to, perhaps have some of those implications answered by appropriate people who are concerned. It would be his intention to contact Mr. Brody and some others to come to the meeting that night and to answer some questions that they would like to pose~ This apartment complex plays an intrical part on the environment of Tropic Palms as a residential single family neighborhood. Over the last three or four years, they have had at least four major issues of controversy regarding this neighborhood which Council has had to deal with. They're hoping that another issue of controversy could be avoided here. Michael Brody stated that he is against the tabling of this item because they are working against time. He feels that anyone who had any complaints or disagreement with the Lake Delray project should have appeared long before this. When they appeared a week ago Wednesday, the most they gained was a 30 day continuation from bankruptcy proceedings.. If they have to wait until the next Council meeting, they might as well forget about the resolution. It has to be forwarded to Washington and Jacksohville for possible action on their part. They've put a lot of time into this and it seems to him the least that Mr. Sanson or any representative of Tropic Palms could have done was come up long before this and made their presentation. - 9 - 2/26/79 Mrs. Durante stated that she is very supportive of the Delray Beach Housing Authority and she would like to know what kind of implications Tropic Palms has been talking about. John Donovan, 1515 Gallinule Drive, stated that he has been reading in the newspaper about this situation but he had not been advised of this particular solution or proposal and it was only today that he learned that action was coming before the Council tonight. They have a need to review what is being proposed and to acquaint the people in the district as to it. This is a new concept as to the use of the building and he feels that if Council were to review the different people living there, many of them will not be allowed to continue to live there if the concept is changed. He also requested that Council table this item for one week. Mrs. Durante stated that she thinks the reason that the Delray Beach Housing Authority would like to take over this project i~ so that those people who are living there can continue to live there because if it becomes owned and operated by a private concern, that may not be the case. Mr. Donovan stated that the project is now under private industry in the private sector and he would like to see it remain that way; the people that are there now undoubtedly could not qualify if it were to be under the Housing Authority. In response, Mr. Brody stated that this is not a new concept, it is merely a change of ownership. The operation of it will, they hope, be bettered than the condition it's in. If the Housing Authority loses this and if the Lake Delray Apartments go into bankruptcy, the second mortgagee, Mr. Robert Lewis, has already voiced his intentions of turning it into a condominium. There, you will have a change of concept; not if the Housing Authority takes over. Mr. Scheifley stated that it seems to him that Council is not being asked to reconsider-this but to kill it; in other words, their only choice, if what Mr. Brody says is correct, is either to pass the resolution and support the project or to not pass the reso- lution and to kill it tonight. Mr. Sanson stated that what they want to insure is that' they fully understand what is happensing here so they can then report to the people of their area and in turn can make an educated opinion as to their feelings about what is about to occur. In response to Mrs. Durante, he stated that the implication is a general premise in that there is quite a difference between a private housing facility and a public agency providing low income housing. Mr. Brody stated, in response, that Lake Delray Apart- ments would not be a low income housing project; it's continuation would be the same as it is today. There was a workshop meeting last Wednesday and those opposed could very well have voiced themselves at that time. If the Housing Authority takes over this project, he assures that the operation of it will be a lot cleaner and a lot better run financially than it is or has been with the Westminster Foundation. Mrs. Durante moved that Council adopt Resolution No. 17-79, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mrs. Durante stated that under the Section $ rent program, the residents do pay what is fair market rent in the area; the person who has the certificate merely pays based on what their income is and the Housing Authority subsidizes the rest, so you're not reducing the quality of the units. - 10 - 2~26/79 In response, Mr. Sanson stated that he is aware of the activities that the Delray Beach Housing Authority is involved with and all the options that are available to them. Because of the fact that he is aware of that, there are many different manners and ways in which this project could be approached. They in Tropic Palms are not aware of what the Housing Authority's intentions are; they would like to be able to have an opportunity for the Housing Authority to come before them and answer those questions and find out whether there is any disagreement or support. The reason they have not come forward sooner is that they have not received any formal notification of this. In response to Mr. Chapin, Mr. Brody stated that the money for any housing project comes from the Housing and Urban Development who merely guarantee the sale of tax-free bonds; that money is used to purchase the building and the-bonds are guaranteed by the Federal Government. All that Judge Britton wanted in order to stop the bankruptcy was a guarantee that HUD would back the bonds and allow the Delray Housing Authority to puchase the Westminster Founda- tion, Lake Delray Apartments. The Lake Delray Apartments would be so designated as a senior citizen development. At this point the roll was called to the motion. 8.b. The City Manager reported that Resolution No. 18-79 approving the indemnity agreement between the City and the Delray Mall Corporation is before Council for consideration. The main interior corridor and some adjacent parking spaces will be used as an election voting place for Precinct Nos. 174 and 176 and as a condi- tion for the use of these facilities, it is necessary for the City to hold harmless and indemnify the Delray Mall Corporation against any and all claims for bodily injury, personal injury or property damage. The City Manager presented Resolution No. 18-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN INDEMNITY AGREE- MENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY MALL CORPORATION. (Copy of Resolution No. 18-79 is on file in the official Resolution Book) Mr. Chapin moved for the adoption of Resolution No. 18-79, seconded by Mr. Gomery. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the February 12th meeting. Prior to considera- tion 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. 4-79: 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) RE- LATING 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. - 11 - 2/26/79 (Copy of Ordinance No. 4-79 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. The City Attorney noted that there was a new first page passed out to Council with a few minor changes requested by the Building Department. Mr. Scheifley moved for the adoption of Ordinance No. 4-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d., 8.e. & 8.f. These three items were tabled (see items 5.a. & 6.a.1). 8.~. The City Manager reported that Ordinance No. 13-79 amend- ing Chapter 29 "Zoning" of the Code of Ordinances relative to golf courses, swimming clubs and tennis clubs is before Council for con- sideration on First Reading. This was discussed at the February 5th workshop meeting. The City Manager presented Ordinance No. 13-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" ! OF THE CODE OF ORDINANCES BY AMENDING SECTIONS 29-5(C), 29-6(C), 29-7(C), 29-8(C), 29-8.1(C), 29-8.2(C), AND 29-8.3(C) TO ALLOW ATTENDANT ACCESS- ORY USES ASSOCIATED WITH GOLF COURSES, SWIMMING CLUBS AND TENNIS CLUBS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Gomery moved for the adoption of Ordinance No. 13-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed 'with a 5 to 0 vote. Before roll call, the City Attorney, in response to Mr. Chapin, advised that the wording "golf courses" will be looked into before this ordinance comes back to Council for Second and FINAL Reading. At this point the roll was called to the motion. " 8.h. The City Manager reported that Ordinance No. 15-79 amend- ~ng Chapter 4 "Alcoholic Beverages" of the Code of Ordinances rela- tive to sale within specified distance of church or school is before Council for consideration on First Reading. This was discussed at the workshop meeting on February 5th. The City Manager presented Ordinance No. 15-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCO- HOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY REPEALING SECTION 4-3 "SALE WITHIN SPECIFIED DISTANCE OF CHURCH OR SCHOOL PROHIBITED" AND ENACTING NEW SECTION 4-3 "SALE WITHIN SPECIFIED DISTANCE OF CHURCH OR SCHOOL; DETERMINATION OF DISTANCE; EXEMPTIONS"; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. - 12 - 2/26/79 The City Manager read the caption of the ordinance. Mr. Scheifley moved for the adoption of Ordinance No. 15-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on February 20th, recommended by unanimous vote that the conditional use approval request in the SC (Specialized Commercial) District to allow a taxi service (Metric Taxi), located on the west side of the Florida East Coast Railroad, between S.E. 4th Street and S.E. 6th Street, be approved. Mr. Chapin moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Gomery. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on February 20th, considered rezoning a 10.73-acre parcel of land from PRD-10 (Planned Residential) District to RM-10 (Multiple Family Dwelling).District. This land is located on the north side of Linton Boulevard, west of Dover Road. After discussion, a motion passed unanimously that the subject property be rezoned for the following reasons: 1) The change would not result in an increase in density. 2) The change would be a logical degression from the RM-15 of Lakeview Greens to the east, to RM-10 of the subject property, to RM-6 of Shadywoods to the west. · Mrs. Durante moved that the City Attorney be directed to prepare the ordinance, seconded by Mr. Gomery. Said motion passed unanimously. Mayor Weekes left the Council Chambers at 9:30 P.M. for the duration of items 9.c. and 9.d. and Vice Mayor Chapin took the chair. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on February 20th, recommended by unanimous vote that the final plat approval request 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 memo- randum of February 13th. 2) Comments of the Director of Public Works/Utilities as stated in his February 12th memorandum. 3) Availability of water. 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. Scheifley. Said motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on February 20th, recommended by unanimous vote that the final plat approval request for Rainberry Bay (Section IV), located at the northwest corner of Lake Ida Road and Davis Road, be approved, subject to the following: - 13 - 2/26/79 1) Commen~s of the City Engineer as stated in his memo- randum of January 26th. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of January 18th. 3) Availability of water. Mr. Scheifley moved that Council sustain the recommenda- tion of the Planning & Zoning Board in approving the final plat for Rainberry Bay (Section IV), seconded by Mr. Gomery. Said motion passed unanimously. Mayor Weekes returned at this time and Mr. Chapin left the Chambers for items 9.e., 9.f. and 9.g. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held on December 19, 1978, recommended by unani- mous vote that the conditional use approval request for a profession- al office building for Dr. 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 memo- randum of December 15, 1978. 2) Comments of the Director of Public Works/Utilities as stated in his November 21, 1978 memorandum. 3) Availability of water 4) A time limitation of 12 months be set for develop- ment of the project. This item was tabled at the January 22nd meeting in order for the City Attorney to meet with Dr. Degerome. The City has received an offer of donation from Dr. Degerome for 15 feet of right-of-way on N.E. 4th Street along the southern border of the property encompassed within the conditional use approval plus a 20-foot area for a corner radius at the southeast corner of the same property. Ordinance No. 5-79 was passed on First Reading at the January 22nd meeting. Should Council decide to accept the offer of donation, Ordinance No. 5-79 will be considered on Second and FINAL Reading at the March 12th meeting. The City Attorney stated that there ars two things to be considered. One is the approval of the conditional use in accordance with the comments indicated on the agenda and also the acceptance of an offer of donation and that it would be donated at the time that they do ultimately purchase the property. They request that City Council accept the donation; Dr. Degerome will see that the legal description for the mortgage that is being obtained as part of the closing will not include the area donated. Mr. Scheifley moved that the recommendation of the Plan- ning & Zoning Board approve the conditional use for a professional office building for Dr. Degerome at the northwest corner of N.E. 4th Street and N.E. 2nd Avenue and also the City accepts the donation. Mr. Scheifley withdrew his motion upon the advice of the City Attorney. Mr. Gomery moved that Council accept the offer of dona- tion of the land by Dr. Degerome to the City, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Gomery moved that Council uphold the recommendation of the Planning & Zoning Board subject to the four comments listed in the agenda, seconded by Mrs. Durante. Said motion passed unanimous- ly. - 14 - 2/26/79 9.f. The City Manager report~ that the Planning & Zoning Board at a meeting held on February 20th, recommended by unanimous vote that the revised final plat approval request for Homewood Lakes (Section B-i), which revision consists of adding two lots to this section, located on the south side of Atlantic Avenue, between Dover Road and Homewood Boulevard, be approved, subject to the following: 1) Comments of the City Engineer as stated in his memo- randum of February 8th. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of January 24th. 3) Availability of water. Mrs. Durante moved that Council sustain the recommenda- tion of the Planning & Zoning Board, seconded by Mr. Gomery. Said motion passed unanimously. 9.~. The City Manager~ repOrted that the Planning & Zoning Board at a meeting held on February 20th, recommended by unanimous vote that the final plat approval request for Homewood Lakes (Section B-2), located on the south side of Atlantic Avenue between Dover Road and Homewood Boulevard, be approved, subject to the following: 1) Comments of the City Engineer as stated in his memo- randum of February 13th. 2) Comments of the Director of Public Works/Utilities as stated in his February 12th memorandum. 3) Availability of water. Mrs. Durante moved that Council sustain the recommenda- tion of the Planning & Zoning Board, seconded by Mr. Gomery. Said motion passed unanimously. Mr. Chapin returned to the Chambers at this time. 9.h. The City Manager reported that the Planning & Zoning Board at a meeting held on February 20th, recommended by unanimous vote that the final plat approval request for Pelican Harbor (Phase II), 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 memo- randum of February 20th. 2) Comments of the Director of Public Works/Utilities as stated in his January 26th memorandum. 3) Availability of water. - Mr. Scheifley moved that Council sustain the recommenda- tion of the Planning & Zoning Board for final plat approval of Pelican Harbor (Phase II), seconded by Mr. Chapin. Said motion passed unanimously. 9.i. The City Manager reported that the Planning & Zoning Board at a meeting held on February 20th, recommended by unanimous vote that the final plat approval request for Pelican Harbor (Phase III), 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 memo- randum of February 20th. 2) Comments of the Director of Public Works/Utilities as stated in his January 26th memorandum. 3) Availability of water. - 15 - 2/26/79 Mr. Chapin moved that Council approve the unanimous recommendation of the Planning & Zoning Board regarding Pelican Harbor (Phase III), seconded by Mr. Gomery. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 9:37 P.M. Clerk 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 26, 1979 which minutes were formally approved and adopted by the City Council on ~/~~ /~-/.t /4?¢ · CitY Clerk NOTE TO READER: If the minutes that you have received are not com- pleted as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 16 - 2/26/79