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03-26-79 MARCH 26, 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 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 Dr. Warren Nubern, Lakeview Baptist 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 March 12, 1979 and the special meetings of March 7, 1979 and March 8, 1979, seconded by Mr. Chapin. Said motion passed unanimously. 4.a.1. Mr. Gomery asked the City Attorney the status of the City in reference to the suits on dual taxation that are being brought about by Boca Raton and West Palm Beach. The City Attorney advised that the City has filed resolu- tions that went to the County Commission requesting that taxation for certain services be separated from the general County budget and placed in a municipal service taxing .unit; the County responded in the negative. Subsequently, there have been three cities that have filed litigation against the County; Palm Beach, West Palm Beach and Boca Raton. He met with the City Attorney of West Palm Beach last week and had a brief discussion with him~concerning that and he is going to be in touch with the attorneys for Palm Beach and Boca Raton in the near future to see how their litigation is progressing and to decide at that time whether or not to recommend to Council that this City join in the litigation or take some other, acton that would support it. 4.a.2. Mr. Gomery expressed his appreciation to the members of City Council for inviting him to join them on Council again and wished Council well in the future with its two new members. 4.b.1. Mayor Weekes requested that item 6.h. be moved forward prior to item 6.a. as Mr. Cohen, the representative, has to leave for another meeting. Mr. Chapin moved that item 6.h. be moved forward just prior to item 6.a., seconded by Mr. Scheifley. Said motion passed unanimously. 4.b.2. Mayor Weekes requested that Council refer item 9.c. to a workshop meeting since it is going to be subject to discussion and he thinks it's an important matter that the incoming Council should act on. Mr. Scheifley moved that item 9.c. be referred to a workshop meeting, seconded by Mr. Gomery. Said motion passed unani- mously. 4.b.3. Mayor Weekes advised that the petitioner on item 9.b. has requested that it be withdrawn from the agenda and rescheduled for two weeks from tonight. Mr. Scheifley moved that item 9.b. be withdrawn from the agenda and rescheduled for two weeks from tonight, seconded by Mr. Gomery. Said motion passed unanimously. 5. Jerry Spence stated that he has been a Delray resident for about 3% years and during that time has been active in trying to help get soccer started in Delray. They have asked to appear tonight to thank the City for the support they have received in 1978 and 1979 and also to make the City aware of their problem. This summer the president of their league organized a clinic with the help of the Recreation Department where they had 52 children involved, by the fall they had 182 children. Their attendance at Miller Park on Saturdays was between 500 and 600 people. Mr. Spence cited statis- tics from some neighboring cities to show that the problem here is not really unique. They expect about 400 children to try to enroll in their league this fall. They had 35 adults participating last fall with 13 sponsors. In order to try and help get qualified coaches and officials, the Kiwanis Club has donated $400 to their fund. Their biggest remaining problem is a place to play. The Recre- ation Department has been able to rearrange, juggle schedules and provide the fields, the lights and the security for them, but if in 1979, they double as they expect to, it's going to be a real problem. It would appear at this time the best solution is the completion of the all-purpose field at Miller Park both for soccer and other sports; the field has already been started, the other facilities are already available. They need a regulation size field and goals which they did not have in the past to be used by high schools which have poor facilities right now. They asked that they be allowed to con- tinue to work with the City Recreation Department and the City Engi- neers to bring to Council a proposition for the timely completion of Miller Park. Mayor Weekes thanked Mr. Spence and stated that they may continue to work with the Recreation Department and Council and anybody else they can find to work with. The City is aware of their program and how it's developing and he is trying to find the funds to complete that all-purpose field. He will be glad to receive any suggestions that Mr. Spence can come up with. The County is develop- ing a park between 1-95 and Lake Ida Road and they are planning a multi-purpose field in that facility which will serve as a soccer field. He suggested that Mr. Spence contact John Dance, the Director of Parks and Recreation for Palm Beach County. Mr. Spence passed out some factfolders to Council con- taining a little of the history of their league and then presented the City with a framed photograph of their players and their coaches in token of appreciation of the support that they have received from the Recreation Department. 6.a.1. The City Manager passed out letters to each member of Council and informed Council that they were delivered to his office too late for inclusion with the agenda information. 6.a.2. The City Manager advised that it is provided by law that the election for the employees who serve on the Civil Service Board will be held on the third Monday of April of each year. The third Monday is a City holiday; it's the day following Easter Sunday, it's therefore recommended by the Civil Service Board and the Administra- tion concurs that Council pass a motion setting the election date for the Civil Service Board for 1979 to be the third Tuesday instead of the third Monday. Mr. Chapin moved that the election date for the Civil Service Board for 1979 be set for the third Tuesday instead of the third Monday, seconded by Mr. Gomery. Said motion passed unani- mously. 6.h. The City Manager reported that as discussed at the work- shop meeting on March 19th, Council is to consider approval of the agreement between the City and Gulfstream Areawide Council on Aging. Mr. Chapin moved that Council approve the proposed agree- ment between the City and the Gulfstream Areawide Council on Aging Inc. to provide for their operation of a City owned bus for the resi- · dents of the City of Delray Beach, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call, Mayor Weekes stated that he thinks the only changes in this agreement and the one previously approved was that the City had a thirty day outclause; that has been corrected and put on a fiscal year basi~. - 2 - 3/26/79 The City Attorney stated ~hat the termination was made mutual and the insurance coverage was reduced from $1,000,000 to $500,000; the City was named as'the insured whereas the operator would be additionally insured and the term was to be done on a yearly basis. At this point the roll was called to the motion. Mr. David Cohen thanked the Council for their support. 6.b. The City Manager reported that Council decided informally at the March 19th workshop meeting to allocate the following for proposed floral displays at the north and south entrances to the City on U.S. No. 1: Annual Cost First Year Thereafter North Entrance $2,065 $1,060 South Entrance 1,600 760 Total $3,665 (approx) $1,820 (approx) Mr. Chapin moved that Council approve the signs and the beautification of the north and south entrances to the City of Delray Beach located on Federal Highway at an approximate cost of $3,665 the first year and the maintenance thereafter at an approximate cost of $1,820, seconded by Mr. Gomery. Said motion passed unanimously. 6.c. The City Manager reported that Council decided informally at the workshop meeting on March 19th to authorize expenditure of $550 for a pilot program to put planter flower boxes on one block on Atlantic Avenue. Mr. Scheifley moved that Council approve the expenditure of $550 for a pilot program to do with planter flower boxes on one block of Atlantic Avenue, seconded by Mr. Gomery. Said.motion passed unanimously. Mayor Weekes stated, before roll call, that he thinks that both of these projects (items 6.b. and 6.c.) are really going to help to beautify the City. A number of individual businesses in the City have already adopted this program and have done it beautifully. If this works out as we hope it will, Delray could soon become a City of really beautiful flowers. At this point the roll was called to the motion. 6.d. The City Manager reported that it was agreed at the March 19th workshop meeting to put on the agenda for Council consideration, the following Financial Advisory Board appointments: Frederick Blaser to the unexpired term of Willard V. Young as a regular member ending April 12, 1980. Terry Braun to a two-year term as a regular member end- ing April 12, 1981. Evert A. Young to a new two-year term as a regular member ending April 12, 1981. William M. Nix to a new two-year term as a regular member ending April 12, 1981. Names mentioned for possible appointments as alternate members (two terms ending April 12, 1980 and one term ending April 12, 1981) were Mary Alice Pignato, CPA, Alvin Doherty and William Bathurst. - 3 - 3/26/79 Willard V. Young stated that in view of the fact that Mrs. Pignato's church activities would interfere with the regular meeting of the Board, he suqgests Alvin Doherty and William Bathurst as the alternates. The City Manager stated that he was informed that there were three alternate slots which is incorrect; there are just two slots and these appointments would completely fill the Financial Advisory Board. Mr. Chapin moved that Council approve the appointment of Frederick Blaser to fill the unexpired term of Willard V. Young as a regular member of the Financial Advisory Board ending April 12, 1980; approve the appointment of Terry Braun to a two-year term as a regu- lar member of the Financial Advisory Board ending April 12, 1981; approve the appointment of Evert A. Young to a new two-year term as a regular member ending April 12, 1981; approve the appointment of William M. Nix to a new two-year term as a regular member ending April 12, 1981; and approve the appointments of Alvin Doherty and William Bathurst as alternate members of the Financial Advisory Board with terms ending April 12, 1980 and April 12, 1981 respectively, seconded by Mrs. Durante. Said motion passed unanimously. 6.e. The City Manager reported that~ it was decided informally at the March 19th workshop meeting to reappoint John L. Pitts as a member of the Civil Service Board to a four-year term ending April 1, 1983. Mr. Scheifley moved that Mr. John L. Pitts be reappointed as a member of the Civil Service Board for a four-year term ending April 1, 1983, seconded by Mr. Gomery. Said motion passed unani- mously. 6.f. The City Manager reported that Council decided informally at the March 19th workshop meeting to appoint Glenn Atkinson to the Beautification Committee. Mr. Gomery moved for the appointment of Glenn Atkinson to the Beautification Committee, seconded by Mr. Chapin. Said motion passed unanimously. 6.9. The City Manager reported that it is recommended that Council authorize the exectuion of contracts between the City and Palm Beach County CETA extending the following projects from January 1, 1979 through September 30, 1979: Project No. Name No of slots 101 Restoration & BeautificatiOn of City Cemetery, Beautification of Parks & Public Areas and West Atlantic Revitalization 12 132 Water Meter Installation 8 133 Substandard Housing Improvement 4 134 Sidewalk Trash Container & Garbage Container Maintenance 15 135 East Side Parks Development 7 46 The contracts are the same as in the past. Mrs. Durante moved that Council authorize the execution of the contract between the City of Delray Beach and Palm Beach County CETA for 46 slots for the project year from January 1, 1979 through September 30, 1979, seconded by Mr. Gomery. Said motion passed unanimously. - 4 - 3/26/79 6.i. The City Manager reported that April 1, 1979 marks the first anniversary of the City's managed retention insurance program. The Worker's Compensation excess coverage was written for a two-year period and is not due for renewal until April 1, 1980. The excess General/Auto Liability policy is due for renewal. As the total estimated premium is increased because of increased payroll, the rate per $100 of payroll is reduced from $1.094 to $1.05. The analysis compares the estimated cost for this year with the actual cost last year under full coverage and then increased proportionately for this year's increased payroll, an estimated savings of $141,766. It is recommended that Arthur J. Gallagher be awarded the excess General/Auto Liability insurance and claims administrative service for the next year. Mr. Chapin moved for continuation of the program for the upcoming year as recommended by the City Administration, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, Mayor Weekes concurred with Mr. Chapin's praise for the program and added that this program has done for the citizens exactly what they had hoped that it would do. These funds are being kept in a trust account against future losses and, as that account builds up, the City will be able to retain more of the risk and buy stop loss insurance for less of the risk which would increase the savings to the citizens; the end result would be that the City would be buying very little insurance in the outside market and would be retaining virtually all the insurance within the City. At this point the roll was called to the motion. 6.j. The City Manager reported that the following quotation has been received to sell the City a hose for the Fire Department: Bidder Quotation Biscayne Fire Equipment Company $8,229.00 Miami InvitatiOns to bid were sent to three other companies but were not returned since they could not meet the specifications. It is recom- mended that the award be made to Biscayne Fire Equipment Company in the amount of $8,229, to be funded with currently budgeted funds. Mr. Scheifley moved that the City purchase a hose for the Fire Department from the Biscayne Fire Equipment Company of Miami for $8,229, to be funded with currently budgeted funds, seconded by Mrs. Durante. Said motion passed unanimously. 6.k. The City Manager reported that a communication has been received from the Area Planning Board dated March 16th requesting A-95 Clearinghouse review and comment relative to West Palm Beach Urban Study Area Metropolitan Planning Area Metropolitan Planning Organization for special funding for unified planning work program FY 79-80. 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. This has to do specifically with transportation planning in connection with the MPO's responsibility. Approval is recommended. Mr. Chapin stated that he believes that his presence on the Metropolitan Planning Organization for the last 4 months will set the stage so that Delray for the first time will have input for traffic improvement in the Greater Delray Beach area; this is the organization that controls the funds for traffic improvement in compliance with the environmental acts and their budget for one year is in excess of half a million dollars. He is very pleased that Mrs. Durante is going to take on this responsibility. - 5 - 3/26/79 Mr. Chapin moved that Council authorize the City Manager to respond to the Area Planning Board, seconded by Mrs. Durante. Said motion passed unanimously. 6.1. The City Manager reported that it is recommended that the completion date for the City/Candeub, Fleissig contract for planning services be extended to May 15, 1979 as requested by the firm. The scheduling of the appearance of a representative of the firm at an early workshop meeting, as requested by Serafin Leal, will be done. Mrs. Durante moved that Council approve the extension of this contract for planning services to be extended to May 15, 1979 as requested by the firm, seconded by Mr. Gomery. Said motion passed unanimously. 6.m. The City Manager reported that two actions are needed here; a resolution (Resolution No. 26-79, item 8.e.) and a motion by Council to authorize the purchase of the various vehicles. For vehicles and other items that the City needs to buy that are speci- fically provided for in the City's budget, they do not have to auth- orize purchase by a resolution. There is a need for a resolution to authorize the purchase for the Country Club because the City bought and took over operation of the Country Club after the budget was made. The following quotations have been received to sell the City trucks for the Public Works, Parks & Recreation and Engineering Departments and the Delray Beach Country Club: Adams J. Nicklaus Earl Wallace Chevrolet Pontiac Ford One-half 'ton pick-up, utility body $ 6,101.07 * $ 5,967.05 $ 6,198.00 Three-quarter ton pick-up w/hydraulic lift gate $ 6,886.07 $ 7,109.25 $ 7,375.00 Less trade in 450.00 500.00 250.00 Net $ 6,436.07 $ 6,609.25 $ 7,125.00 Three-quarter ton pick-up $ 6,010.59 $ 6,324.25 $ 6,590.00 Two ton dump trUck --- ** $11,462.28 $13,095.00 Two cab and chassis only --- $18,197.68 $19,700.00 Less trade in --- 3,000.00 1,000.00 Net $15~197.68 $18,700.00 * After the bid opening, it was discovered that specifications for two of the trucks were for more expensive equipment than required~ The Delray Beach Country Club does not require a pick-up truck with a utility body, but with a wide side body. We negotiated with the low bidder for this item, Jack Nicklaus Pontiac, to secure an eight foot wide pick-up for $4,884.24. ** The gear. ratio specified for the Parks & Recreation Department was greater than required. The low bidder on this vehicle, Jack Nicklaus Pontiac, was asked to give a quote on a smaller gear ratio, 6.17 in- stead of 7.17. They quoted a price of $11,247.68. It is recommended that the award be made to the low bidders on all items, with Jack Nicklaus Pontiac also being awarded the alternate trucks quoted for the Delray Beach Country Club and the Parks & Recreation Department. All of the trucks are budgeted in the current year's budget with the exception of the Delray Beach Country Club truck. - 6 - 3/26/79 Mr. Scheifley moved that Council authorize the purchase of the vehicles from the low bidders as outlined by the City Manager, seconded by Mr. Gomery. Said motion passed unanimously. 6.n. The City Manager reported that it is recommended that Council approve the execution of a Developers Utility Service Agree- ment with RSM Developers, Inc. for the providing of water and sewer service to the area described as Rainberry Lakes, Phase 2. $2,100 will be deposited in the Developers Fund account to cover 21 units @ $100 each. Mr. Gomery moved for the approval of the Developers Utility Service Agreement with RSM Developers, Inc. for the providing of water and sewer service to the area described as Rainberry Lakes, Phase 2, seconded by Mrs. Durante. Said motion passed unanimously. 7.a. The City Manager reported that the City is in receipt of an application from Palers Development CorPoration for City water service to serve Section 20-46-43, south of S.W. llth Street between S.W. 4th Avenue and S.W. 6th Avenue, located outside the City. The applicant having executed the City's standard agreement for the providing of water service outside the City conditioned upon the applicant's property being annexed into the City when such is elig- ible for annexation, approval of the applicant's request for water service is recommended. The request for City water service is to serve five acres to be known as Fall Ridge of Delray. The develop- ment will consist of 30 duplexes. Mr. Scheifley moved that this petition be referred to the Planning & Zoning Board for research before Council acts on it, seconded by Mr. Gomery. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Chapin stated that the City fought when the developer wanted to build 28 units per acre on this property and succeeded. Subsequently the County rezoned it down to ~, which by Delray Standards would be high zoning; 10 to 15 units per acre. By granting the petitioner's re- quest, the City would be subject to a substantial diversity in City zoning and County zoning. Before the City does this, it needs to have a residential zoning classification for that district. This should be changed before the Council adopts the Land Use Plan in its entirety because it will eliminate five acres of recreational space. Mr. Carey stated that he is not too optimistic about the cooperation from the County. In reference to the sign out on West Atlantic Avenue 'coming soon the Hamlet Shops', he informed Council that they sent to the County Commission their objection to a rezoning petition and the County voted 3 to 2 to rezone the~property commer- cial. Mr. Scheifley stated that last Wednesday Mr. Gregory and Mr. Bailey pledged full cooperation on this question. Mr. Carey further stated that the recommendations from the Planning & Zoning Board was to deny, as was the recommendation from this Council and the County Planning staff, but the County Commission voted 3 to 2 to give it to them anyway. At this point the roll was called to the motion. Mr. Scheifley stated that the information provided by Mr. Carey is disconcerting and there may be a lack of communication here or there may be some misunderstanding. He requested that they set the record straight and direct either the Mayor or the City Manager to inquire to the Chairman of the Palm Beach County Board of Commissioners as to why they went against the recommendations of this Council, the Planning & Zoning Board and their own staff. - 7 - 3/26/79 Mayor Weekes requested that the City Manager instruct the proper people in the Administration to contact the County Planning staff to determine the process that this went through when it came to Council, what our response was, what happened to it from the other side when it got back to them, how the vote was taken and who voted in what manner and give that information back to him and he will personally contact the Chairman of the County Commission and discuss it with him. The City Manager agreed to do this. Mayor Weekes stated that when he gets that information, he will provide each member of Council with a copy of it. 8.a. The City Manager reported that it is recommended that Resolution No. 22-79 accepting water and sewer lines installed in the Pines of Delray West Subdivision be approved as operational. The City Manager presented Resolution No. 22-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL OF THE WATER AND SEWER LINES INSTALLED IN THE PINES OF DELRAY WEST SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 147 AND 148 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERA- TIONAL. (Copy of Resolution No. 22-79 is on file in the official Resolution Book) Mr. Gomery moved for the passage of Resolution No. 22-79, 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 one 10 H.P. pump and valve to be installed in the wash water basin at the South Water Treatment Plant: Bidder Quotation Boynton Pump & Supply, Inc. $ 1,314.48 Boynton Beach M & W Pump Works, Inc. 16,779.00 Deerfield Beach It is recommended that the contract be awarded to the low bidder, Boynton Pump & Supply, Inc. in the amount of $1,314.48 by passage of Resolution No. 23-79, with funds to come from the Water and Sewer Fund ContiNgency Account. The City Manager presented Resolution No. 23-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE PURCHASE OF ONE 10 H.P. PUMP AND CHECK VALVE TO BE IN- STALLED IN THE WASH WATER BASIN AT THE SOUTH WATER TREATMENT PLANT. (Copy of Resolution No. 23-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 23-79, 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. $.c. The City Manager reported that the following quotations have been received for installation of approximately 1460 feet of 12" drain line on S.W. 3rd Avenue for draining the wash water pond at the South Water Treatment Plant: - 8 - 3/26/79 Bidder Quotation Oneman Engineering $18,950 Delray Beach Hardrives, Inc. 22,190 Delray Beach Onontario of Palm Beach, Inc. 25,645 Riviera Beach It is recommended that the contract be awarded to the low bidder, Oneman Engineering in the amount of $18,950 by passage of Resolution No. 24-79, with funds to come from the Water and Sewer Fund Contingency Account. This drain line is necessary because of the recent expansions of the water treatment plant by use of granulated carbon. The City Manager presented Resolution No. 24-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE IN- STALLATION OF APPROXIMATELY 1460 FEET OF 12" DRAIN LINE ON S.W. THIRD AVENUE FOR THE PURPOSE OF DRAINING THE WASH WATER POND AT THE SOUTH WATER TREATMENT PLANT. (Copy of Resolution No. 24-79 is on file in the official Resolution Book) Mr. Chapin moved for passage of Resolution No. 24-79, 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. 8.d. The City Manager reported that Resolution No. 25-79 requesting that the Board of County Commissioners give its support to the Creative Arts Workshop of the Festival of Afro Arts, Inc. is before Council for consideration. This was discussed at the March 19th workshop meeting. The City Manager presented Resolution No. 25-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY GIVE ITS SUPPORT TO THE CREATIVE ARTS WORKSHOP OF THE FESTIVAL OF AFRO ARTS, INC.; AND FOR OTHER PURPOSES. (Copy of Resolution No. 25-79 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 25-79, 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.e. The City Manager reported that Resolution No. 26-79 authorizing a City contract for the purchase of one-half ton pick-up truck for the Delray Beach Country Club from Jack Nicklaus Pontiac is before Council for consideration. Funds for the purchase of this truck will come from the 1978 Utility Tax Bond Issue. The City Manager presented Resolution No. 26-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF A PICK-UP TRUCK FOR THE DELRAY BEACH COUNTRY CLUB. - 9- 3/26/79 (Copy of Resolution No. 26-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 26-79, 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. 8.f. The City Manager suggested that this item be tabled because it's tied in with the other item that was referred to the Planning and Zoning Board. Mr. Gomery moved to table Resolution No. 27-79, 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.~. The City Manager reported that Ordinance No. 16-79 rela- tive to rezoning and placing land zoned RM-15 (Multiple Family Dwelling) District in SAD (Special Activities) District in Section 21-46-43, northeast corner of the intersection of the north lane of U.S. No. 1 and Linton Boulevard East Extension is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the February 26th meeting. Prior to consider- ation 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. 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) DIS- TRICT, 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 EXTEN- SION BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 16-79 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 stated that several items were passed out to Council this evening in reference to this rezoning; there was a correction on Page 2 in regard to paragraph (c); that was simply a rewording concerning the easement. AlSo, Mr. Adams pointed out to _ him that the Travel Agency classification was left out under the specified uses so that should be added as No. 32. At the bottom of Page 2, there are several references to the plans that were prepared by'the architect which are being approved and the last reference, the fourth line from the botton, reads B-EL-7&$; Mr. Adams feels that the reference should be 'A'. The City Attorney requested that in the adoption of the ordinance, Council authorize them to put in the correct plan reference; they'll go back and double-check. The City Attorney further stated that in connection with this, Council has received a copy of the stipulation that is proposed to be exectuted by the City and the Hoffmanns and Council approval on that is needed. Furthermore, there is a letter that has been re- quested by the Hoffmanns which is addressed to Mr. Slinkman dated March 26, 1979. That letter indicates that the City has no present intention to -rezone the remaining property that' would be left under the RM-15 classification and that the City will make no effort to tax costs against the Hoffmanns in reference to the litigation that is being dismissed. Also, Mr. Slinkman has asked him in conjunction with the Comprehensive Plan that is under review now by the various - 10 - 3/26/79 State agencies and the County to specify the meaning of the asterisk in the Intracoastal Waterway next to the Hoffmann property. What they mean, and he intends to confirm this in a letter to Mr. Slinkman, is that in that general area of the City there is a need for parks as has been determined by the City's consultants and the Planning & Zoning Board and while the City does not, at the present time, have any intention to condemn his property, or a portion of it, for a park site, that we cannot commit that we may not do so in the future but we would indicate to him that we have no present intention at this time. The City Attorney informed Council that he has received a letter signed by Paul and Camille Hoffmann authorizing their attor- ney, Mr. Slinkman, to dismiss with prejudice all litigation against the City. He has also received a letter from Mr. Slinkman saying that he will dismiss all litigation with prejudice; he has also received signed copies of the ordinances from Mr. Knight indicating that he finds them acceptable. Mr. Chapin moved for the passage of Ordinance No. 16-79 on Second and FINAL Reading with the changes recommended by the City Attorney, adding permitted use No. 32 Travel Agency and permit the City Attorney to clarify the proper identification of architectural plans and drawings under Subsection 3, 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. Mr. Chapin moved that Council authorize the City Attorney to enter into a stipulation for final judgment in Case Numbers pend- ing in the Palm Beach County Circuit Court 75-2696 and 75-4451 as recommended by the City Attorney, 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. The City Attorney requested approval from Council for him to transmit his letter of March 26, 1979 to Mr. Slinkman and to send an additional letter indicating that the City has no present intent to condemn Mr. Hoffmann's property for park purposes pursuant to the Comprehensive Plan and indicating that this does not mean that the City will not formulate such intent in the future. Mr. Chapin stated that he does not think this letter is necessary. He feels that this request has no substantial validity and no bearing. It would be unwise for Council to authorize the City Attorney to sign such a letter because it may be used as evidence against the City at some future time. After discussion, it was the consensus of Council not to approve the letter. 8.h. The City Manager reported that Ordinance No. 17-79 rela- tive to rezoning and placing land zoned RM-6 (Mulitple Family Dwelling) District and R-1AA (Single Family Dwelling) District in SAD (Special Activities) District in Section 28-46-43, southeast corner of the intersection of the north lane of U.S. No. 1 and Linton Boule- vard East Extension 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. 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 ACTIVITIES) DIS- TRICT, BEING APPROXIMATELY 5.91 ACRES LOCATED ON THE SOUTH- EAST CORNER OF THE INTERSECTION OF THE NORTH LANE OF U.S. HIGHWAY NO. 1, AND LINTON BOULEVARD EAST EXTENSION BEING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". - 11 - 3/26/79 (Copy of Ordinance No. 17-79 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. 17-79 on Second and FINAL Reading, 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.i. The City Manager reported that Ordinance No. 18-79 is _ before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will rezone and place land zoned PRD-10 (Planned Residential) District in RM-10 (MUltiple Family Dwelling) District in Section 24-46-42, west of Dover Road and north of Linton Boulevard. This ordinance was passed on First Reading at the March 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. 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 (MULITPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LO- CATED WEST OF DOVER ROAD AND NORTH OF LINTON BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 18-79 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. Chapin moved for the adoption of Ordinance No. 18-79 on Second and FINAL Reading, 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.j. The City Manager reported that Ordinance No. 11-79, amending Chapter 29 "Zoning" of the Code of Ordinances relative to building height in the RM-10 District is before Council for consider- ation on First Reading. Council, at the February 26th meeting, _ referred this item back to the Planning & Zoning Board. The revi- sion, which consists of adding "The parking slab shall not exceed an elevation of four (4) feet above mean high sea level" was recommended by unanimous vote by the Planning & Zoning Board at a meeting held on March 13th and this revision has been incorporated in the ordinance. The City Manager presented Ordinance No. 11-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUBSECTION 29-7 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT" BY REPEALING CURRENT PARAGRAPH (I) "BUILDING HEIGHT" AND SUBSTITUTING NEW PARAGRAPH (I) "BUILDING HEIGHT" PROVIDING FOR MAXI- MUN BUILDING HEIGHTS AND PROVIDING AN EXCEPTION IN THE ONE HUNDRED YEAR FLOOD ZONE AREA; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDNG AN EFFECTIVE DATE. - 12 - 3/26/79 The City Manager read the caption of the ordinance. Mr. Chapin stated that this matter came up last month and at the request of the Planning & Zoning Board was withdrawn for further refinement. He thinks the drafting of this ordinance could be improved for betterment of all parties. The concept, in the flood zone as defined under (I) Building Heights, is to permit three resi- dential floors over one floor of parking; it doesn't say that in the ordinance and it should be refined. That sentence which states "In said 'one hundred year flood zone area' a building or structure may be constructed to a height of three (3) residential floors with a maximum of four (4) floors overall, when approved as a Conditional Use" should be redrafted. The next sentence reads "In the case of a recreational building, such building shall not be constructed higher than the highest residential buildingJ" That means you could have a four story recreational building and that is not involved in the intent of this ordinance and should not be in there. Council can go ahead and adopt it on First Reading but it should be improved for all concerned. The City Attorney stated that the intent that Mr. Chapin has just indicated was not communicated to him; that's why it's not reflected in this ordinance and Mr. Chapin's interpretation of the recreation building is accurate which is exactly the way he believes it was proposed by the Planning & Zoning Board. Mr. Chapin moved that Council adopt Ordinance No. 11-79 on First Reading to provide, in the flood zones defined as one hundred year flood zone area under the HUD maps, the building of three residential floors over one floor of parking, a parking slab not to exceed four feet above the mean high sea level, so that word- ing can be changed prior to its adoption on Second and FINAL Reading two weeks from tonight, 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.k. The City Manager reported that Ordinance No. 19-79 rela- tive to annexing a 5-acre parcel of land located in Sections 28-46-43 and 29-46-43, south of Linton Boulevard between U.S. No. 1 and Old Dixie Highway, subject to SC (Specialized Commercial) District is before Council for consideration on First Reading. This property is presently zoned in the County as GC (General Commercial) District. The property is vacant at present and the proposed use is for a general commercial development. Council, at the March 5th workshop meeting, directed the City Attorney to prepare the ordinance. Second and FINAL Reading and public hearing will be held at the meeting on April 23rd. The City Manager presented Ordinance No. 19-79: 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 AND 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 PROVID- ING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 19-79 on First Reading, 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. 8.1. The City Manager reported that Ordinance No. 20-79 rela- tive to amending Chapter 13 "Electricity" of the Code of Ordinances regarding adoption of the latest revision (1978 edition) of the National Electrical Code and changes in fees is before Council for consideration on First Reading. - 13 - 3/26/79 The City Manager presented Ordinance No. 20-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 "ELECTRICITY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 13-4(f)(2) TO ADD A PARAGRAPH "ADDITIONAL FEES FOR A PERMIT SHALL BE CALCULATED UPON THE NUMBER OF AMPERES PER UNIT AS SET FORTH BELOW:"; 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. 20-79 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. 8.m. The City Manager reported that Ordinance No. 21-79 amend- ing Chapter 29 "Zoning" of the Code of ordinances relative to allow- ing "home occupations" in the R-1A-B and R-1AA-B (Single Family Dwelling) Districts is before Council for consideration on First Reading. The City Manager presented Ordinance No. 21-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-5(B)(2) TO ALLOW HOME OCCUPATIONS IN THE R-1A-B AND R-1AA-B (SINGLE FAMILY DWELLING) DISTRICTS AS PERMITTED USES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Gomery moved fOr the passage of Ordinance No. 21-79 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. 8.n. The City Manager reported that Ordinance No. 22-79, amending Chapter 29 "Zoning" of the Code of ordinances relative to adding "contractors' storage and equipment buildings" and "storage of light trucks and light construction equipment" as permitted uses in the LI (Light Industrial) District is before Council for considera- tion on First Reading. This was discussed at the workshop meeting on March 19th. The City Manager presented Ordinance No. 22-79: _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-14(B) LI (LIGHT INDUSTRIAL) DISTRICT BY ADDING "CONTRACTORS' STORAGE AND EQUIPMENT BUILDINGS OR YARDS" AND "STORAGE OF LIGHT TRUCKS AND LIGHT CONSTRUCTION EQUIP- MENT'' AS PERMITTED USES; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 22-79 on First Reading, 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. - 14 - 3/26/79 8.o. The City Manager reported that Ordinance No. 23-79, amending Chapter 29 "Zoning" of the Code of ordinances relative to allowing "outside storage" in the LI (Light Industrial) District is before Council for consideration on First Reading. This was dis- cussed at the March 19th workshop meeting. The City Manager presented Ordinance No. 23-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-14(N)(1) LI (LIGHT INDUSTRIAL) DIS- TRICT RELATIVE TO ALLOWING "OUTSIDE STORAGE" IN THE LI (LIGHT INDUSTRIAL) DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Gomery moved for the passage of Ordinance No. 23-79 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 March 20th, recommended,b3~ unanimous vote that the conditional use approval request in the CBD (Central Business) District to add a fifth floor to an existing four-story building, located at the southeast corner of Atlantic Avenue and S.E. 1st Avenue, be approved, subject to the following: 1) Comments of the Director of Public Works/Utilities as stated in his February 12th memorandum. 2) Availability of water 3) A time limitation of one (1) year be set for develop- ment of the project. Mr. Scheifley moved that Council sustain the recommend- ation of the Planning & Zoning Board concerning building a fifth story in the Delray Executive Mall, seconded by Mrs. Durante. Said motion passed unanimously. 9.b. This item was deferred to the next meeting (see 4.b.3.). 9.c. This item was referred to a workshop meeting(see 4.b.2.). 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on March 20th, considered rezoning a 0.77-acre parcel of land from PRD-10 (Planned Residential) District to RM-15 (Multiple Family Dwelling) District. This 'land is located on the west side of Dover Road between Linton Boulevard and Sherwood Boulevard. After discussion, a motion passed unanimously that the subject property be rezoned for the following reasons: 1) Since this parcel of land is less than the five (5) acre minimum size for PRD development, the zoning ordinance requires the rezoning to some other zoning classification. 2) Since the recreational area for Lakeview Greens is situated on this property, the logical zoning classi- fication is RM-15 which is consistent with the zoning for Lakeview Greens. The City instituted this rezoning request. - 15 - 3/26/79 Mr. Scheifley moved that the recommendation of the Planning & Zoning Board concerning the 0.77-acre parcel of land west of Dover Road between Linton Boulevard and Sherwood Boulevard be rezoned from PRD-10 to RM-15 and the City Attorney be authorized to prepare the ordinance, seconded by Mrs. Durante. Said motion passed unanimously. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held on March 20th, considered rezoning Lot 13, Block 1, Odman's Subdivision from GC (General Commercial) to R-iA (Single Family Dwelling) District. This land is located on the west side of N.W. 13th Avenue between Atlantic Avenue and N.W. 1st Avenue. After discussion, a motion passed unanimously that the subject prop- erty be rezoned to allow Mr. Thompson to construct a single family residence. This rezoning request was instituted by the City. _ Mr. Gomery moved that Council uphold the Planning & Zoning Board's ~ecommendation and instruct the City Attorney to prepare an ordinance to change the zoning on Lot 13, Block 1, Odman's Subdivision from GC TO R-iA, seconded by Mr. Chapin. Said motion passed unanimously. 9.f. The City Manager reported that the Planning & Zoning Board at a meeting held on March 20th, discussed two areas of con- flict on the Land Use Plan Element for Boca Raton. The first area of conflict is located on the south side of the C-15 Canal, between the E-4 Canal and Congress Avenue. Boca Raton indicates this area for Industrial, whereas Delray shows the area directly north of this property as Medium Density Multiple Family. The second area of conflict is located on the south side of the C-15 Canal, between U.S. No. 1 and the FEC Railroad. Boca Raton indicates this area for Commercial, whereas Delray shows the area directly north of this property as Medium Density Multiple Family. After discussion,' a motion passed unanimously, recommending that the City send a letter to Boca Raton objecting to their land use classification for these two areas as they are in conflict with our multiple family land use designation. Mr. Scheifley moved that Council direct the Administra- tion to send such a letter, seconded by Mr. Gomery. Said motion passed unanimously. Mr. Scheifley stated that maybe it shouldn't be a ques- tion of objecting to it as much as discussing it with them and asking for their cooperation. Mayor Weekes stated that a written comment is needed and the conflict has to be pointed out to them. Frank Carey stated that the recommendations were not their staff's recommendations; their staff's recommendations did not reflect the uses in the plan now. 9.g. The City Manager reported that the Planning & Zoning Board at a meeting held on March 20th, reconsidered John W. Spinner's request to rezone a parcel of land from R-1AA (Single Family Dwelling) District to RM-6' (Multiple Family Dwelling) District. This parcel is located on both sides of Del-Haven Drive between the Intra- coastal Waterway and A1A. The original application requested rezon- ing for Lots 29 through 32 and 36 through 44, Del Harbour Sub- division. The applicant has subsequently withdrawn his request to rezone Lots 39 through 44. This was referred back to the Planning and Zoning Board by Council on February 12th. After discussion, a motion passed unanimously, recommending that Lots 29 through 32 and 36 through 38 be rezoned to RM-6. Mr. Scheifley moved that the recommendation of the Planning & Zoning Board be sustained and the City Attorney be author- ized to draft the ordinance, seconded by Mr. Chapin. Said motion passed unanimously. - 16 - 3/26/79 9.h. The City Manager reported that the Planning & Zoning Board at a meeting held on March 20th, discussed Ordinance No. 5-79 establishing a limited geographical area within which professional offices may be located as a conditional use to include the area north of N.E. 8th Street, between U.S. No. 1 and A1A. This was referred to the Planning & Zoning Board by Council on March 12th. After dis- cussion, a motion passed unanimously, recommending that the geograph- ical area not be enlarged, because to do so, would be opening up another entire area to professional office development, which would have the effect of changing the predominant residential character of this area, thus defeating the purpose of the original recommendation. Mr. Chapin stated that, in compliance with Florida law, he may have a conflict of interest. Before Council discussed the item, he spoke on the subject. When this first came up, it dawned on him that three professional office buildings would immediately become non-conforming uses. He called Mr. Carey and Mr. Kotulla and advised them to have this matter referred for further study. At the Planning & Zoning meeting the suggestion was made that redrawing the boundary line for containment of professional offices would upset the resi- dential character of N.E. 8th Street. He outlined the various build- ings on N.E. 8th Street. He cannot understand why this has to be changed. If there was a fire to any of those three buildings, the two doctors' offices and a law office would be out of business with no right to come back into being on that property ever again. Mr. Carey stated that the Planning & Zoning Board spent considerable time on this. They have been concerned that the pro- fessional buildings have spread through the multi-family areas and there's been no way of controlling it. Upon adoption of this, there are buildings other than those three that Mr. Chapin mentioned that will become non-conforming; about six or seven altogether. Mr. Chapin stated that he doesn't think it's fair to draw the line retroactively. If you've got to step forward and make pro- gress, you've got to make some hard decisions but to draw the line retroactively is not facing 'reality and it may cause substantial unjust hardships. Mayor Weekes stated that the thing he objects to is per- mitting these people to spend hundreds and thousands of dollars and then become non-conforming. Mr. Carey advised that he suggested that this change be made about two years ago. They recognized this problem a long time ago. Mr. Chapin left the Council Chambers at this time due to a conflict of interest. Mrs. Durante moved that the ordinance be referred to a workshop meeting, seconded by Mr. Gomery. Said motion passed unani- mously. Mr. Chapin returned to the Council Chambers at this time. 10. The City Attorney stated that he wants to talk to Council about one last item in reference to the Hoffmann case and that is with regard to taxation of costs that was left somewhat in the dark as far as he was concerned. The stipulation that was prepared re- ferring to the two cases says that cost will not be taxed. On the other four pending cases, nothing is said. It's his intention to proceed along the line of making no motion to tax costs in those four cases and he takes from the discussion that Council was in agreement with that concept but did not want him to send a letter to that affect to Mr. Slinkman. Council agreed that this is correct. Mayor Weekes declared the meeting adjourned at 9:10 P.M. City Clerk - 17 - 3/26/79 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of March 26, 1979 which minutes were formally approved and adopted by the City CoUncil on ~ ~/~ . 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. - 18 - 3/26/79