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03-12-79 MARCH 12, 1979 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Monday, March 12, 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 Rev. M. M. Gaines, S~. John Primitive Baptist 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 regular meeting of February 26, 1979 and the special meeting of March 2, 1979, seconded by Mr. Gomery. Said motion passed unanimously. 4.a.1. Mr. Gomery stated that at the Beautification Committee meeting last Wednesday there was quite a discussion about complaints; if a person makes a complaint, which is pointing out the violation of a City ordinance, must the officer, either the building official or a policeman, release the name of the person who made the complaint even if the violation is obvious when the officer arrives on the scene? The City Manager advised that the policy of the City Administration is to not divulge the name of the complainant, the reason being twofold: if there is an ordinance violation, then the City is obligated to see that the ordinance is administered and enforced properly; the second reason is that the City does not wish to become a party to instigating neighborhood squabbles. 4.b.1. Mayor Weekes stated that he has a letter from Dr. Jay Alperin who is a dentist in Delray Beach. Dr. Alperin has asked him to read the letter into the record and to distribute to Council as well as to the Councilmen-elect copies of this letter and a booklet regarding fluoridations of public water supplies (Copy of the letter is attached). Mr. Scheifley stated that all of the dentists he knows say that the evidence is overwhelming in support of this and there is a lot of misinformation available to the public. Mr. Chapin request- ed that the City Administration schedule this item for a workshop meeting. 4.b.2. Mayor Weekes stated that the Planning °& Zoning Board is having a special meeting in the morning to discuss Ordinance No. 5-79 (item 8.c. on the agenda) and he requested that Council table this item until they know the results of the Planning & Zoning Board meeting. Mr. Gomery moved that item 8.c. be tabled, seconded by Mr. Chapin. Said motion passed unanimously. 4.b.3. Mayor Weekes requested, since 95% of the people in the audience are here because of items 9.a. and 9.b., that these two items be moved forward on the agenda after item 5 and before item 6. Mr. Scheifley moved that items 9.a. and 9.b. be moved forward on the agenda between items 5 and 6, seconded by Mr. Gomery. Said motion passed unanimously. 5.a. Bob Tapke of Bass Creek stated .that about four to six weeks ago, he and Mr. Donovan, President of the Homeowner's Associ- ation, and his neighbor, Mr. Ulmschneider, had a meeting with the City Manager and the City Engineer concerning a waterway behind Dunlin Road in Bass Creek. Mayor Weekes stated that that item is on the agenda and requested that Mr. Tapke wait until the item is brought up at which time he will be given a chance to be heard. 5.b. John Donovan, President of the Tropic Palms Homeowner's Association, 1515 Gallinule Drive, stated that Mr. Sanson was unable to be here tonight and asked him to speak on his behalf. They met with the homeowners of the Lake Delray Apartments and they are work- ing cooperatively towards a solution. Mr. Sanson wanted to ask that the City get assurances in writing, if possible, from HUD stating that the facility would be used as a senior citizen facility. Mayor Weekes stated that he is willing to do that. He doesn't think they're going to get anything from HUD but the City will make that effort. 5.c. Frank Carey, 524 Andrews Avenue, Chairman of the Planning & Zoning Board, gave Council an update on the Comprehensive Plan. Last Thursday morning, Dan Kotulla, the Planning Director, Serafin Leal, their consultant, and he attended the Treasure Coast Council Meeting in Stuart, Florida, at which time they were considering the recommendation of their staff in regard to Delray's Comprehensive plan. He is happy to report that their staff's recommendation was accepted unanimously by the Treasure Coast Council. Mr. Carey read one line from their review: "This plan is both consistent with and supportive of adopted Council policies and represents one of the most comprehensive local planning efforts to be reviewed by this Council." Mayor Weekes stated that he was at a meeting last Thursday night with Chuck Potter who serves on the Treasure Coast Regional Planning Council and Mr. Potter said that it was absolutely the finest comprehensive plan that has been before them since he'd been on that Council. 5.d. Bertie Brown of Bass Creek asked if she and the other members of the Tropic Palms Homeowner's Association who are here tonight could be recognized because they have to go to other meet- ings. Mayor Weekes assured her that they will be recognized. The item they are here for has been moved forward on the agenda. 9.a. Mrs. Durante left the Council Chambers at 7:16 P.M. Before she left, she stated that three of the four other Council members, the City Attorney and the City Manager all feel that she should not vote on this issue. She does not want to do anything to tarnish the moral and ethical reputation of this Council and she feels morally that she should not vote on this issue. 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 R, iA (Single Family Dwelling) District to allow a church, located on the north side of N.W. 2nd Street, between N.W. 2nd Avenue and N.W. 3rd Avenue, - be approved, subject to the following: 1) Comments of the City ~Engineer as st&ted in his memo- randum of January 30th. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of January 24th. 3) Availability of water. 4) A time limitation of one (1) year be set for develop- ment of the project. This was discussed at the March 5th workshop meeting. - 2 - 3/12/79 In response to the Mayor, Mr. Dittman, attorney repre- senting the applicant, stated that he, 'Reverend Dennis and the archi- tect will be speaking on behalf of the petitioner. The architect has some brief slides to show Council of churches in sister cities for purposes of comparison. At the request of Mr. Dittman, Mayor Weekes read two letters; one from Neil E. MacMillan, an attorney in Delray Beach representing George A. Greene, owner of the subject property and another from George A. Greene favoring the use of this property for a Church and Church School (copies attached). Mr. Dittman stated that this has the approval of the Planning & Zoning Board. To the best of his knowledge the City of Delray has never turned down a request for conditional use for a church before and most of the churches that he has seen in the community are in residential areas. In regard to traffic flow, he thinks it isn't a bad idea to locate churches in residential areas rather than on main thoroughfares; most of the traffic flow will be exiting onto a street that doesn't have heavy traffic, especially during the hours that the church is contemplating holding services. Reverend Dennis, pastor of the church in question, stated that he would like to remind Council of the steps that have been taken and the accomplishments that have been achieved. The Planning & Zoning Board has unanimously approved it, Mr. Kotulla and Mr. Ermovick of the Planning Department have recommended that this facil- ity be built in this area and certain clergymen in the Delray area have endorsed this project in its entirety. They in the northwest section of Delray feel that it's easier for their church to remain than for their members to follow the church. James Merryfield, architect on the church, stated that they have tried to design the site so that the majority of the traf- fic will go out onto 3rd Avenue which is the least traveled of the streets around the church property. He has designed approximately 40 churches both Seventh Day Adventist and Baptist, he has gone through the Planning & Zoning Board's procedures and he has watched the churches being built and seen what they have done to the communities after they've been built. In no case has one of these churches been a hinderance to the community in which it was built. Churches add a great deal of beauty to the neighborhoods in which they're built. An artist's rendering of the church they are planning was presented. Elder King, a member of the church, stated that he would like to clear up a few things that had Council worried last week in regard to the church. The church has been there for 20 years; the membership when it started was 100, they now have a membership of 250. He read an article concerning the church in ~his area; it said that there were too many churches in Delray Beach and right next to that article he saw where on 5th Avenue just west of that church a seven year old girl was raped and a man was stabbed with a bottle. These things didn't happen at a church; it happened west of where they were building. He is certain that if this thing had to be settled by the black community, they would be in favor of a church in a little town like this where there is big crime. They would want a church that teaches people law and order. Vera Farrington, 310 N.W. 2nd Avenue, spoke in protest of the church on the proposed site. The area is already adequately populated with churches; there are three churches in the area now. The building of this church would make four churches within one block of each other. The structure will create congestion for the children and the senior citizens that live there. The activities of a school, a day care center, a church and its ch6rch-related activities such as drug abuse programs, beautification and planning committee meetings, etc., would be too heavy on the area; this small area would be busy seven days a week all day long. The structure and the equipment that would be brought in will induce vandalism and crime in the area; it will also decrease the property value of the area. Conditional use of this property should be denied. There would be no hardship upon the Daughter of Zion Seventh Day Adventist Church as they already - 3 - 3/12/79 have property elsewhere which is adequate and appropriate; they already have transportation which will help them get back and forth to their church. To deny them use of this church will certainly eliminate the hardships and ~burdens that would be placed on the community. Herman Stevens, 224 N.W. 2nd Avenue, stated that he lives right in the middle of the block and has been living in that area since 1949. He is not against churches, but to put a church in that area would jam the area and make it too congested. From N.W. Swinton to N.W. 5th Avenue is just like a racetrack sometimes with people zooming up and down the streets. Mr. Dittman stated that they do have property elsewhere; it's larger than the piece they have here but it's much farther from where their present church is located. This property on Tenth Street is not their first'choice in building a church, it was offered to them seven years ago; they did not go looking to buy; it is in the County, not in the City limits which means they would not be privi- leged to City services that they are now receiving. The Grace Baptist Church which is located one block from the said piece of property is a reminder to all of them of the attitude o~ the people out there with respect to churches. They have torn up that church completely; he has seen this for himself. The same kind of opposi- tion that they are encountering here on the northwest section is greatly anticipated out there because there they are strangers, here is where their people have been living for years. They are sacrific- ing the larger piece of property for the purpose of housing. If they were to build out there, they would have at least one acre in sur- plus, which they would not need. They have agreed to sell the larger piece of property and to build on the smaller piece. Mr. Ozzie Youngblood, 210 N.W. 6th Avenue, stated he lives across the Street from the present church and he has never had any trouble. In response to Mr. Gomery, Mr. Dittman stated that the number of pupils would not go beyond 125. Mr. Merryfield, the arch- itect, stated that they designed it for approximately six rooms which would house approximately 25 pupils per room; this would be maximum. Mr. Scheifley stated that he has been on this Council for ten years and he believes that this Council should set policies and the City Manager should manage and the Board should be appointed to do a job. Delray Beach is extremely fortunate in the Boards that they have; he is speaking particularly of the Planning & Zoning Board made up of seven outstanding citizens. Tonight we have heard the results of what was mainly their work in being complimented by other government entities and authorities in the fine Comprehensive Plan that they have developed for this City. They have devoted many hours to this issue and have voted unanimously in favor of it and he is going to accept their recommendation. Mr. Chapin stated that he thinks the question is n~t just voting for or against a church because they are certainly in favor of enhancing'Christian life, the question that has been put before them as laymen i~ what impact'~he church and-its sponsored facilities will have on the ne~ghborh6od. Mayor Weekes stated that Mrs. Farrington made some very valid points in her discussion but he would have to take exception to the comment that there exists a double standard in this area; he has been on Council ten years and he doesn't think that there is any double standard at all. They have never turned down a conditional use proposal for a church in a residential neighborhood. There are two within a block of his own home and he does not find them offen- sive at all. The City would be hard put to sustain a denial of this application in view of the fact that they have a unanimous approval of the Planning & Zoning Board and there has ne~er been an instance that he can recall when such a conditional use has not been accepted. - 4 - 3/12/79 Mr. Gomery moved for the approval of the recommendation of the Planning & Zoning Board, seconded by Mr. Scheifley. Said motion passed unanimously. A recess was taken at 7:55 P.M. The meeting reconvened at 7:57 P.M. Mrs. Durante returned to the Council Chambers at this time. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on December 19th, recommended by a vote of 5 to 1 (Plume dissenting) that the conditional use approval request for Delray Beach Tennis and Racquetball Club, Inc. be approved, subject to the following: 1) Comments of the City Engineer as stated in his memo- randum of November 28, 1978. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of November 21, 1978. 3) Comments of the Community Appearance Board as stated in their December 13, 1978 minutes. 4) That the tennis courts shall be operated only between the hours of 8:00 a.m. and dark. 5) Availability of water. 6) A time limitation of 12 months be set for development of the project. This item was postponed at the February 5th workshop meeting. The City Attorney has requested that it be put on the agenda for to- night's meeting. The City Attorney stated that in reference to the defini- tion in terms of it being defined as a club in the Code and the Code indicating that such use shall not operate for profit, or render a service, which is customarily carried on as a business; after looking into this, his office advises Council not to rely on this definition to deny the conditional use but that City Council should review this application on its merits. A definition of this form has been in the Code since at least 1972 and after discussing the matter with the Planning Director and reviewing the City's application of that defin- ition, it is their opinion that Council should got forward and con- sider the application on its own merits, Mayor Weekes stated that Council has discussed this issue at length on a couple of occasiOns, they have all inspected the site that is proposed for this racquetball and tennis facility, they have discussed it at workshop and he believes they discussed i~t at a Council meeting before it was tabled. They have a thorough back- ground on what's being proposed here. A gentleman from the audience brought some sketches of the proposed facility showing that the building is 24 feet high and showed them to Council. In response to Mr. Chapin, Mr. Carey stated that the original drawing shown to them was a small drawing and it indicated that the racquetball building would be approximately on the location of the existing pro shop. They were not aware at the time that the building was 100 feet long. Mayor Weekes stated that he cannot support this condi- tional use; he can't support the construction of 'a monolithic kind of building in the middle of a residential neighborhood. He doesn't think that it's consistent with the residential use of the surround- ing neighborhood. Mrs. Durante agreed with Mayor Weekes. - 5 - 3/12/79 Mrs. Durante moved that Council deny the request for a conditional use approval for the Delray Beach Tennis and Racquetball Club, seconded by Mr. Gomery. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Scheifley stated that he would vote in favor of the motion that was made even though it's contrary to the Planning & Zoning Board because it is evident to him that new information has been developed, since the Board voted on it, concerning the size and the height of the building which had it been available to a meeting of seven members of the Planning & Zoning Board might have had a different result or recommendation. The other members of Council concurred with Mr. Scheifley's statements. At this point the roll was called to the motion. A recess was taken at 8:12 P.M. The meeting reconvened at 8:15 P.M. 6.a.1. The City Manager reported that he has a letter from Willard V. Young submitting notification of his resignation from the Financial Advisory Board effective March 31, 1979 and also advising that he will be forwarding to Council several names as suggestions for appointees to the Financial Advisory Board at a later date. 6.a.2. The City Manager stated that the City has a standard annexation water agreement for 1010 Queens Avenue and he recommends that Council give authorization for the execution so that water can be provided and the property can become annexed into the City when it becomes eligible for annexation. Mr. Chapin moved that Council approve the recommendation of the City Manager, seconded by Mr. Scheifley. Said motion passed unanimously. 6.b. The City Manager reported that there was brief discussion at a recent workshop meeting as to the advisability of the City assuming responsibility for certain actions on waterways. This discussion arose out of an existing situation in the Bass Creek area. The item is on the agenda for tonight's meeting for Council to decide whether it wishes to take official action on it at this time. The. City has currently a .request pending with the South Florida Water Management District that, if granted, they think would go a long .way toward resolving the troublesome problem that~ now' exists in Bass Creek. Mayor Weekes stated that this is on the agenda at his request. There is another issue involved in this; whether or not the City in this instance shall exercise its legal right to have removed. an obstacle over a public right-of, way or a piece of public property. That is the situation that exists in this specific canal that we are talking about. Two persons have constructed certain obstacles,across that canal in order to keep the weeds from coming down across their property and the City has gone in and constructed its own barrier at the north end of the canal so as to prevent the weeds from coming down; that's only been partially successful. Bob Tapke stated that he is one of the people that put up a barricade and the neighbor south of him was'the first to put one up. He went to great lengths to try and get that removed; that was the main reason he called and asked to attend the meeting with the City Manager and others. As a result after about four to six weeks of work trying to get that one barricade removed, which was doing nothing but backing up the aquatic growth over about a 100 foot stand, he saw no action at all and he put one up too and now his neighbor has a problem. He would be the first to remove his, if the other party agrees to take his down. John Donovan stated that he talked, to Mr. Ulmschneider yesterday and they view the City barricade at the north end of the canal as useless. The way this aquatic growth is increasing, barri- cades won't mean a thing because the splash of the water will go over - 6 - 3/12/79 all the barricades ~nd eventually the whole canal will be just solid growth of weeds. He feels sure that Mr. Ulmschneider, who put up the first barricade, will cooperate by removing his barricade and he feels that the City should remove its barricade as well. Mr. Church is taking action to try and eliminate the whole problem. The Mayor stated that the City has not moved expeditious- ly to rid the canal of the growth. He asked the Administration where the City stands in regard to poisoning the weeds; he is aware that they have found what type of weed it is and it is not that hard to kill. Mr. Church, City Engineer, stated that they have deter- mined the type of weed and it's called Pennywort; they know the herbicide to use to control it. The problem is establishing whether or not the City is going to go in and maintain the canals. If it's the case that the City will maintain these waterways, they know what to do but they still have an opinion in terms of the responsibility of maintaining them and the position at this time was that the City would not do any maintenance in the waterways. In order to try to resolve that, they met with South Florida Water Management District when their representative was down there and at that time they ex- plained that they did spray the C-15. We asked them if while they are spraying the C-15 would they also include this drainage canal and they took that under consideration and the person who is specifically involved was away at the time but he is due to contact us. In response to a question from Mr. Gomery, Mr. Church stated that the weir was constructed as part of the drainage system for Bass Creek. The developer is required, as part of the new regu- lations from the Water Management District, to retain water and in order to do this, they must put in a weir so that as the water falls on an area it doesn't run directly off into the Intracoastal or the C-15. In response to Mayor Weekes, he stated that the water level at this time is below the weir. There is an overflow pipe in the weir so that the water should const'antly be able to go back and forth; the elevation of that overflow pipe is a little high. In response to questions from Mr. Scheifley, the City Attorney stated that the point was whether or not the City wanted to change what ha's been~a longstanding City policy which is that the City has not in the past maintained any of the canals and he thinks this is viewed in a somewhat different light in that it's not the actual repeated maintenan'ce but the removal of an obstruction. He doesn't think that this will create a legal obligation that is not there now. Mr. Chapin stated that it seems to him the sole issue at hand is very simple; if a private property owner takes it upon him- self to construct a barrier.on public property, this is contrary to the public use of public property and in deprivation of the rights of others; the City has an obligation to remove the barrier. Bob Tapke stated that at the meeting he attended, the City Engineer, Mr. Church, stated that the City does have responsi- bility for the waterway. If the City does have responsibility for it and if something is not done to correct the problem with the growth of the weeds, it's going to become a terrible health hazard in the near future, especially with the hot summer upon us. Mayor Weekes stated that the key to the problem is to get the weir out. Once the weir is out, the problem is resolved. Tore Wallin stated that he is a member of the Policy Committee of the 208 Program. One of the things that had come up is reduction of nitrogen which comes into the City's canals and one of the recommendations by the staff is to promote hyacinth growth. - 7 - 3/12/79 A lady from Bass Creek stated that all of them in Bass Creek would like to see a solution to this aquatic growth; it would be nice if the weir could be open but as Mr. Chapin pointed out the real issue is that a citizen has erected a barricade across a public right-of-way and she thinks that if the City of Delray chooses to ignore that, where does it stop that a citizen can take it upon himself to do anything they want. Mr. Chapin moved that Council establish the policy, with respect to the offending barricade, that the City Administration be instructed to remove it on the ground that it is in derogation of the public's right and violates the City's right of access at the water- way in question, seconded by Mrs. Durante. Said motion passed unani- mously. 6.c. The City Manager reported that Council decided informally at the March 5th workshop meeting to recommend the appointment of Council Member Charlotte G. Durante to serve on the Metropolitan Planning Organization as a replacement for Council Member Chapin. Mr. Chapin moved that Council recommend to the Governor of the State of Florida the appointment of Charlotte G. Durante to serve on the West Palm Beach Metropolitan Area Planning Organization, seconded by Mr. Scheifley. Said motion passed unanimously. 6.d. The City Manager reported that it was informally decided at the March 5th workshop meeting to reappoint Frank Noble as a regular member of the Board of Adjustment to a three-year term ending March 15, 1982 and to reappoint John M. Ghent as an alternate member to a three-year term ending March 15, 1982. Mr. Chapin moved for the appointment of Frank Noble for a three-year term ending March 15, 1982, as a~ regular member, and for the reappointment of John Ghent for a like three-year term as an alternate member, seconded by Mr. Gomery. Said motion passed unani- mously. 6.e. The City Manager reported that Council discussed the appointment of a replacement to the unexpired term of Malcolm Bird on the Civil Service Board ending April 1, 1980 at its March 5th work- shop meeting. Two of the names mentioned for possible appointment were Alvin Doherty and Ralph Dye. Mr. Chapin moved that Council appoint Ralph Dye to the unexpired term for Mr. Bird, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call the following discussion was had: Mrs. Durante asked if Mr. Alvin Doherty would be interested in serving on another Board, possibly the Financial Advisory Board. Mayor Weekes 'stated that Mr. Doherty has offered to ~serve on a City Board and at one point he did say that he would serve on the Financial Advisory Board. Both Mayor Weekes and Mrs. Durante stated that they would recommend Mr. Doherty as a member of the Financial Advisory' Board. - At this point the roll was called to the motion. 6.f. The City Manager reported that it. is recommended that Council approve the purchase of personal property at the Delray Beach Country Club from Mrs. Elizabeth Harris. Total price of the purchase is $8,667, with funds to come from the 1978 Utility Tax Certificate Bond Issue. Resolution No. 21-79 would authorize the purchase of furnishings from Mrs. Harris for use at the Delray Beach Country Club. In response to a question from Mr. Gomery, the City Manager stated that these furnishings were shopped pretty closely by a number of people.~ The lists were compiled by the City Finance Director during a period of at least two or 'three tours of the premises over a period of several months and there's a possibility that some of the items could be over-priced slightly, some could be - 8 - 3/12/79 under-priced a little. It is felt by the Finance Department that it balances out in the City's best interest. He has confidence in Tom Weber's (Finance Director) ability when purchasing items for the City. It's for that reason that he's willing to recommend Council go with the list. The City Manager presented Resolution No. 21-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF PERSONAL PROPERTY AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 21-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 21-79, 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. 6.g. The City Manager reported that at the workshop meeting on March 5th, Council decided informally to consider approval of Interim Water Treatment Plant agreement between the City and D.G.C. Associ- ates ~or, Del-Aire housing project. The City Attorney stated that it was conveyed to him by the Assistant City Attorney that there was some question about the enforceability of the agreement against future transferees of the property. There is a provision on page 10 of the agreement that is to constitute a covenant running with the land and bind every grantee, successor, assignee or transferee of the fee simple title; it was specifically drafted with the idea in mind.that it would bind any transferee of the property in the future; however, because of the concern expressed by Council, he has been in contact with Mr. Hankins who is here tonight concerning an additional agreement from the developer whereby he would insert in his purchase agreement an indi- cation to the purchaser that the agreement does exist and that the purchaser will agree to be bound by that agreement. In addition to that they agree that any successor or developer be required to insert a like provision in their purchase agreement. He requested that Council approve this agreement tonight and instruct his office to proceed along the lines of drafting that type of an agreement with Mr. Hankins' client and to authorize the City Manager to execute that agreement once it's drafted without further Council authorization. Mr. Chapin moved that Council approve the proposed inter- im water treatment plant agreement between the City and D.G.C. Assoc- iates as well as the supplemental agreement, as outlined by the City Attorney, and that authority be given to the City Manager to execute that agreement on behalf of the City, seconded by Mrs. Durante. Said motion passed unanimously. 7.a. The City Manager reported that a communication has been received from the Area Planning Board dated March 1st requesting A-95 Clearinghouse review and comment relative to Florida Department of Community Affairs, Division of Technical Assistance for special funding for A-95 Urban Impact Review Demonstration Project. The continuation of funding for this program will have no adverse effects on the local natural, Social or economic environment and there is no duplication between efforts of the proposed program and those of any related local projects or programs. Approval is recommended. Mrs. Durante moved for Council approval, seconded by Mr. Gomery. Said motion passed unanimously. 7.b. Mayor Weekes acknowledged the minutes of the Beautifica- tion Committee for the meeting held on Februar~ 7, 1979 and noted that there are three items in those minutes that they have asked Council consideration on and two of those have to do with planter' boxes and plantings on Atlantic Avenue in conjunction with the DDA - 9 - 3/12/79 and beautifying the north and south entrances into the City on Federal Highway by planting flower beds. The third item has to do with appointing a member to the Beautification Committee. He re- quested that the City Manager schedule these three items for a work- shop meeting in the near future. 8.a. The City Manager reported that the following quotations have been received for two 5 H.P. pumps to replace the existing pump at Lift Station 22: Bidder Quotation Service Industrial Supply Co. $2,884.00 West Palm Beach. Ellis K..Phelps & Co. 3,796.00 - Winter Park It is recommended that the contract be awarded to the low bidder, Service Industrial Supply Company in the amount of $2,884 by passage of Resolution No. 19-79, with funding to come from budgeted funds. The City Manager presented Resolution No. 19-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE PURCHASE OF TWO 5 H.P. PUMPS TO REPLACE THE EXISTING PUMP IN LIFT STATION 22. (Copy of Resolution No. 19-79 is on file in the official Resolution Book) Mr. Gomery moved for the passage of Resolution No. 19-79, seconded by Mr. Scheifley. 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.b. The City Manager reported that the following quotations have been received for the repair of the filter tank to the swimming pool at Pompey Park Recreation Center: Bidder Quotation Plymouth Pools, Inc. $7,400.00 Delray Beach Rule Pool Maintenance Co. 8,250.00 Ft. Lauderdale It is recommended that the contract be awarded to the low bidder, Plymouth Pools, Inc. in the amount of $7,400 by passage of Resolution No. 20-79, with funds to come from existing budgeted funds in the Parks & Recreation Department budget and transfer of $3,700 from the General Fund Contingency Account. The City Manager presented Resolution No. 20-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE LOW BIDDER FOR THE REPAIR OF FILTER TANK AT POMPEY PARK POOL, 240 N.W. 10TH AVENUE. (Copy of Resolution No. 20-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 20-79, 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. - 10 - 3/12/79 8.c. This item was tabled (see item 4.b.2.). 8.d. The City Manager reported that Ordinance No. 8-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will annex 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. This ordinance was passed on First Reading at the February 12th 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. 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 PRO- VIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 8-79 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. 8-79 on Second and FINAL Reading, seconded by Mr. Gomery. Uopn 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.e. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the February 12th 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~ 9-79: 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. (Copy of Ordinance No. 9-79 is on file in the official Ordinance Book) Mr. Chapin moved for passage of Ordinance No. 9-79 on Second and FINAL Reading, seconded by Mr. Scheifley. 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.f. The City Manager reported that Ordinance No. 13-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to golf courses,.swimming clubs and tennis clubs. This ordinance was passed on First Reading at the February 26th meeting. - 11 - 3/12/79 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. 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 ACCESSORY USES ASSOCIATED WITH GOLF COURSES, SWIMMING CLUBS AND TENNIS CLUBS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 13-79 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. 13-79 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. Before roll call, Mr Chapin stated that it goes against his grain of legal draftsmanship to amend this ordinance to say golf courses and then turn around and say swimming clubs and tennis clubs. He will vote against this unless that word is changed to club; it's a potential loophole that should not be condoned. Mr. Scheifley suggested that they pass the ordinance and have a simple definition of golf courses put in the zoning Code. In response, Mr. Carey stated that he thinks the courts would rule in their favor in terms of what a golf course is. After discussion, the roll was called to the motion at this time. 8.~. The City Manager reported that Ordinance No. 15-79, amending Chapter 4 "Alcoholic Beverages" of the Code of Ordinances relative to sale within specified distance of church or school is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the February 26th 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. 15-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCOHOLIC 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 CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 15-79 is on file in the official Ordinance Book) The City Manager read the caption 6f 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. - 12 - 3/12/79 Mrs. Durante moved for the~passage of Ordinance No. 15-79 on Second and FINAL Reading, seconded by Mr. Scheifley. 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.h. The City Manager reported that Ordinance No. 18-79 rela- tive to rezoning and placing land zoned PRD-10 (Planned Residential) District in RM-10 (Multiple Family Dwelling) District in Section 24-46-42 on the west side of Dover Road, north of Linton Boulevard is before Council for consideration on First Reading. Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on March 26th. Council, at the February 26th meeting, directed the City Attorney to prepare the ordinance effecting the rezoning. The City Manager presented Ordinance No. 18-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD-10 (PLANNED RESIDENTIAL) DISTRICT IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LO- CATED ON THE WEST SIDE OF DOVER ROAD AND NORTH OF LINTON BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Chapin moved for adoption of Ordinance No. 18-79 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, Mr. Gomery pointed out that the caption reads "on the west side of Dover Road" and he doesn't think that is accurate; he thinks it is misleading. The land is west of Dover Road. The City Manager suggested that the wording in the cap- tion be changed to read "west of Dover Road" before this ordinance comes up for Second and FINAL Reading. At this point the roll was called to the motion. Mayor Weekes left the Council Chambers for the duration of item 9.c. to avoid any conflict of interest and Vice Mayor Chapin took the chair. 9.c. The City Manager reported that the Planning & Zoning Board at a. meeting held on February 27th, recommended by unanimous vote that final plat approval request 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 Director of Public Works/Utilities as stated in his February 22nd memorandum. 2) 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. Mayor Weekes returned to the Council Chambers at this time. - 13 - 3/12/79 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on February 27th, recommended by unanimous vote that the replat of a portion of Section A - Homewood Lakes, located on the south side of Atlantic Avenue between Dover Road and Homewood Boulevard be approved, subject to the following. The revi- sion consists of enlarging Lots 13A, 14A and 15A, Block 3. 1) Comments of the Director of Public Works/Utilities as stated in his February 27th memorandum. 2) Availability of water. Mr. Gomery moved for the 'approval of the replat of a portion of Section A - Homewood Lakes, seconded by Mrs. Durante. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 9:17 P.M. City 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 March 12, 1979 which minutes were formally approved and adopted by the City Council 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. - 14 - 3/12/79 JA Y ALPERIN, D.D.S. 3434 Lake Ida Road Delray Beach, Florida 33444 272-2131 February 28, 1979 ;,;ayor Leon Weekes City Co~uci! of Delray Beach 100 1~.'3. 1st Avenue Delray Beach, Florida 3344~ Dear Leon :Jeekes: The South Palm Beach Dental Society wishes to publicly support the Area VII ~ysvem Agency's priority goal for Primary Care. Primary: care deals with direct provision of services from the health professional to his patients. This priority for 1979 is to encourage and assist the institution of water floridation programs. Floridation of public water supplies has scientifiqally proven that a reduction of dental decay in excess of 50~ is predictable for children raised in these treated areas. This translates into enormous savings both for the individual effected and the taxpay~_ in general.. Please note that Dentistry gains the least for encouraging this preventive program. This is an appeal to protect our youth. Please read this letter at the next City Council meeting and distribute the enclosed pamphlets. Sincerely yours, //.-'~/~'~!~rin, D.D.S. '/"'. - De!ray Beach News Journal · I~AO MILLAN, NEWETT, ~X_DA_~S, STttAWN, STANLEY ~ ~OTOS NAC NILLAN BUILDING pOST OFFICE BOX 8~0 ~9 NORTHEAST FOURTH AVENUE NElL E. MAC NIL~N DELRAY BEACH, ~LORIDA 83444 HARmY T. N~W~TT ~76-B363 · ~76-5~84 JOHN ROSS ADAMS AREA CODE (305) March 12, 1979 City Council City of Delray Beach RE: REZONING AND/OR SPECIAL EXCEPTION OF GREENE PROPERTY - SEVENTH DAY ADVENTIST CHURCH Dear City Council: Due to unforeseen circumstances, I can't personally appear tonight to speak in favor of allowing a Church and Church School on the Greene property on N.W. 2nd Street. Please read into the record the attached copy of a letter from George A. Greene, representing the family of the late George H. and Josie Greene, a Delray Beach pioneer family. They favor, as you can see, the use of this property for Church and School property. I repre- sent the Greene family in the matter. Thank you. NEM:bw Enc. March 5, 1979 City Council Delray Beach, Florida · Members of the Council, : · :'~:~'~ ' ...... We have had many offers to sell this. parcel of land, and each time the offers were ignored because the land represented the family's roots of our younger lives spent in Delray. As we grow older and return 'to Delray from time to time, our owner- ship becomes more sacred from past experiences ok our parents who were early pioneers, and our childhood days spent in this small tgwn. - At first we did not realize .the significances.of, this.~land.~.being · ~ ~.~.. develoDed by a ~ church, i_~~, But through.lout 'conversationS:With~.?One to our parents, thus cementing our roots in the soils of Delray. .-. '-~. We are hoping you (the City Council) will vote favorably for -' this ease~nt that is presented to you tonight for your give Delray another plus in its beautification pr~ram. From the famil~ of the late George H. and' Josie Greene, Best regards, George ~. Greene 1060 N. W. 85th Street Miami, Florida