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04-09-79 APRIL 9, 1979 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Monday, April 9, 1979, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Reverend James English, St. Paul's Episcopal Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of March 26, 1979 and the special meeting of April 2, 1979, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mrs. Durante stated that last Monday evening Council attended the season's opening ceremony for the Delray Beach National Little League. This evening the Senior Little League had their open- ing ceremony and tomorrow evening the Delray American Little League will have their opening ceremony and Council is invited. The Presi- dent of the Little League told her about it in advance. They were unable to get the letters out in time. 4.b.1. Mayor Weekes presented a proclamation proclaiming the week of April 22-28, 1979 as "Secretaries Week". 5. Mrs. William Matthews, 1024 White Drive, of the Beach Property Owners' Association, stated that when Mr. Chapin gave his farewell speech a week ago, one of the things he brought up ~was to have the Beach Property Owners' Association work together with the Council to try to find a solution to the traffic problem at the Atlantic Avenue bridge. By a coincidence one of their members has cooperated and brought forward a solution which she thinks might have some potential. 'The last traffic count for the Atlantic Avenue bridge was done for the Coast Guard in 1974 and at that time the decision was that there would be no relief from it; the request at that time was for a timed opening and business people stated their opposition to a timed opening. They have come up with another approach which is done at the 17th Street bridge in Fort Lauderdale; it is in the form of a large clock which is stationed in such a position that it is highly visible to boaters coming from north and south. The principle on which it operates is that once the bridge has opened, upon closing again, the clock starts a ~count-down from a pre-set time and at that point the bridge will not be opened until it counts down to zero. A principle problem in Delray Beach is that traffic doesn't get a chance to move at the height of the season. This concept seems to be a good answer to the problem. She spoke to a man in the Coast Guard who is in charge of bridges in this area and he agreed that this approach seems feasible; it would require a resolution to the County Commission and a traffic count which would be a factor in determining whether this is feasible. She asked the City Manager to authorize a traffic count; he agreed and has the equipment in place. She requested, on behalf of the Beach Property Owners' Association, that Council pass a resolution to the County Commission which will request such a clock which will require that the bridge stay closed for a specified period after an opening. Mayor Weekes stated that he would prefer to ask for the Administration and the City Engineer to study this and give Council a recommendation. The City Manager stated that the traffic count is already underway. Mrs. Matthews expressed her appreciation on behalf of the Beach Property Owners' Association to the City Manager and the Engi- neering Department for the immediate cooperation they have received. 6.a.1. The City Manager reported that Ordinance No. 11-79 is before Council for consideration on Second and FINAL Reading. The City Attorney stated that this is the ordinance per- taining to conditional use approval in the area known as the One Hundred Year Flood Zone mapped by the Department of Housing and Urban Development that would permit four floors, three residential floors over one floor of parking, when approved as a conditional use. Mr. Chapin raised a question to this ordinance at the last meeting in regard to the height of a recreational building being in equal height with a residential building approved for four floors; the ordinance has been reworded. The only development that is pending awaiting this approval is the one from Plum Realty. They have committed to the City that there will be no such recreation facility in their project and request that City Council adopt this 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 PARA- GRAPH (I) "BUILDING HEIGHT" PROVIDING FOR MAXIMUM BUILDING HEIGHTS AND PROVIDING AN EXCEPTION IN THE ONE HUNDRED YEAR FLOOD ZONE AREA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 11-79 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. Bird moved for the passage of Ordinance No. 11-79 on Second and FINAL ~eading, seconded by Mr. Young. Upon roll call Council voted as~ follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.a.2. The City Manager reported that there is a SCRWTD Board meeting to be held on Thursday night of this week. He passed out copies of the agenda to Council. 6.a.3. The City Manager reported that the Council workshop meeting would ordinarily be scheduled for next Monday night but next Monday is a City holiday being the Monday following Easter Sunday. Normally, they would have the Council workshop meeting on Tuesday night, however, the Planning & Zoning Board meets in the Chambers next Tuesday night. They really need to have this workshop meeting and, if there is no objection on the part of Council even though next Monday is a City holiday, he requests that they hold the workshop meeting next Monday night at the regular time. It was the consensus of Council to hold the workshop meeting next Monday at the usual time. 6.b. The City Manager reported that it is recommended that ~ouncil authorize execution of an agreement between the City and Palm Beach County to improve the following traffic signals along U.S. No. 1 (SR-5): U. S. No. 1 (SR-5) and N. E. 8th Street U. S. No. 1 (SR-5) and N. E. 4th Street · ~ S. No. 1 (SR-5) and N. E. 2nd Street U. S. No. 1 (SR-5) and Atlantic Avenue U. S. No. 1 (SR-5) and S. E. 10th Street - 2 - 4/9/79 The agreement provides for the County to assume the maintenance responsibility for the traffic signals, which is in line with our practice as the County is prepared to accept all signals which meet Traffic Control Device Standards. In response to a question from Mr. Young, the City Manager stated that this agreement, if approved by Council, will not go into effect until DOT upgrades these traffic signals to meet minimum requirements. Mr. Scheifley moved for approval of the execution of an agreement between the City and Palm Beach County for improved traffic signals at five intersections along U.S. No. 1 (SR-5), seconded by Mr. Bird. Said motion passed unanimously. 6.c. The City Manager reported that it is recommended that Council authorize execution of an agreement between the City and Palm Beach County to improve traffic signals at the intersections of West Atlantic Avenue and Congress Avenue and West Atlantic Avenue and High Point Boulevard. The agreement provides for the County to assume the maintenance responsibility for the traffic signals, which is in line with our practice as the County is prepared to accept all signals which meet Traffic Control Device Standards. Mr. Young moved that this agreement be approved, seconded by Mr. Bird. Said motion passed unanimously. 6.d. The City Manager reported that it is recommended that Council authorize execution of an agreement between the City and Palm Beach County for traffic signal improvements at the intersections of West Atlantic Avenue and Swinton Avenue and N.W. 4th Street and Swinton Avenue. The proposed improvements are a joint City-County project which will upgrade these traffic signals to meet the stand- ards contained in the Uniform Traffic Control Devices Manual. In addition, the intersections will be improved in terms of capacity and safety. The County will accept the maintenance and operation responsibility once these improvements are completed. Estimated total ~ost for the improvements is $30,000, which the City and County woul~ '~s~a~e on a-~56-50 ~asis. Funds are available in the budget. Mr. Bi~d moved for authorization of the execution of an agreement between the City and Palm Beach County for traffic signal improvements at the intersections of West Atlantic Avenue and Swinton Avenue and N.W. 4th Street and Swinton Avenue, seconded by Mr. Scheifley. Said motion passed unanimously. 7.a. The City Manager reported that a communication has been received from the Area Planning Board dated April 2nd requesting A-95 Clearinghouse review and comment relative to West Palm Beach Board of County Commissioners for Division of Housing and Community Develop- ment for Innovative Grant: Housing Opportunity. The proposed HOR (Housing Opportunity for Renters - Demonstration Project) program is designed to acquire public or private properties in the City's Neigh- borhood Strategy Area in which low and moderate income families will be displaced through HCD (Housing and Community Development) activi- ties. This program will provide an opportunity for displaced renters to become homeowners, and provide cities with additional tax revenue. The letter dated April 4th from the City Manager to the Area Planning Board states that the program will have no adverse effects on the local natural, social or economic environment and there is no dupli- cation of funding between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disapproval. Mr. Young moved that this letter be ratified, seconded by Mr. Scheifley. Said motion passed unanimously. 7.b. Mayor Weekes acknowledged receipt of the minutes of the Beautification Committee for the meeting of March 7, 1979. 7.c. The City Manager reported that a communication has been recieved from the Delray Beach National Little League' and Delray American Little League requesting permission to solicit funds from April 27-29, 1979, approval of which is recommended by the Solici- tations Committee. - 3 - 4/9/79 Mr. Scheifley moved that the permission to solicit funds as described by the City Manager be approved, seconded by Mr. Bird. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 30-79 commending the St. Patrick's Day Committee and Maurice Power for their efforts in organizing and conducting the St. Patrick's Day celebration is before Council for consideration. The City Manager presented Resolution No. 30-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE SAINT PATRICK'S DAY COMMITTEE, AND MAURICE POWER FOR THEIR EFFORTS IN ORGAN- IZING AND CONDUCTING THE SAINT PATRICK'S DAY CELEBRATION IN DELRAY BEACH, FLORIDA. (Copy of Resolution No. 30-79 is on file in the official Resolution Book) Mr. Young moved for passage of Resolution No. 30-79 commending the St. Patrick's Day Committee and Maurice Power, se- conded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mayor Weekes presented the resolution to Mr. Power. 8.b. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the March 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. 20-79: AN ORDINANC~ 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. (Copy of Ordinance No. 20-79 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. Scheifley moved for the passage of Ordinance No. 20-79 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Ordinance No. 21-79 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 allowing "home occupations" in the R-1A-B and R-1AA-B (Single Family Dwelling) District. This. ordinance was passed on First Reading at the March 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. - 4 - 4/9/79 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 PER- MITTED USES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 21-79 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. Alice Finst, 707 Place Tavant, presented a petition from the Homeowners League of Chatelaine requesting that zoning district R-1A-B be removed from Ordinance No. 21-79. They feel that per- mitting home occupations in this zoning district will permit activity which is contrary to the single family residential character of their community. The petition is signed by the Board of Directors of the Homeowners League of Chatelaine. Amy Noble, 1807 Spanish Trail, President of Tropic Isle Civic Association, stated that their only request is that they would rather not have exterior advertising which she understands is allowed under this ordinance. The public hearing was closed. Frank Carey, Chairman of the Planning & Zoning Board, outlined the reasons why this ordinance was recommended. He stated that there are twelve steps to the special regulations and they are extremely restricted. A typical example of a permitted home occupa- tion would be a p±ano teacher. He further stated that the ordinance permits a one foot.square unlighted sign. Mrs. Durante stated that if the people that live in the R-1A-B and R-1AA-B Districts are not satisfied with the ordinance, she would rather not pass it. She suggested taking out R-1A-B from the ordinance. Mr. Bird moved for the passage of Ordinance No. 21-79 on Second and FINAL Reading amending Chapter 29 "Zoning" of the Code of Ordinances relative to allowing home occupations in R-1AA-B family dwelling district, specifically excluding R-iA-B, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Scheifley stated that he would appreciate it if Mrs. Noble would get in touch with him to talk about the situation in Tropic Isle. Apparently the remedy should not be through the City but through the Homeowners Association. 8.d. The City Manager reported that Ordinance No. 22-79 amend- ing Chapter 29 "Zoning" of the Code of Ordinances relative to adding "contractors' storage and equipment buildings or yards" and "storage of light trucks and light construction equipment" as permitted uses in the LI (Light Industrial) District is before Council for consider- ation on Second and FINAL Reading. This ordinance was passed on First Reading at the March 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. - 5 - 4/9/79 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. (Copy of Ordinance No. 22-79 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. Bird moved for passage of Ordinance No. 22-79 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 23-79 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 allowing "outside storage" in the LI (Light Industrial) District. This ordinance was passed on First Reading at the March 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. 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. (Copy of Ordinance No. 23-79 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. Scheifley moved for the passage of Ordinance No. 23-79 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 26-79 rela- tive to rezoning and placing land zoned R-1AA (Single Family Dwell- ing) District in RM-6 (Multiple Family Dwelling) District in Section 21-46-43, Lots 29 through 32 and 36 through 38, located on both sides of Del-Haven Drive between the Intracoastal Waterway and A1A 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 April 23rd. - 6 - 4/9/79 The City Manager presented Ordinance No. 26-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, LOTS 29 THROUGH 32 INCLUSIVE AND LOTS 36 THROUGH 38 INCLUSIVE OF DEL HARBOUR SUBDIVI- SION LOCATED ON BOTH SIDES OF DEL-HAVEN DRIVE BETWEEN THE INTRACOASTAL WATERWAY AND A1A, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Bird moved for the passage of Ordinance No. 26-79 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - 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 by unanimous vote that the conditional use approval request in the GC (General Commercial) District to allow a 12 unit motel, located at the north- east corner of N.E. 6th Avenue and N.E. 3rd Street be approved, subject to the following: 1) Comments of the City Engineer as stated in his March 14th memorandum. 2) Comments of the Director of public Works/Utilities as stated in his February 23rd memorandum. 3) Availability of water. 4) A time limitation of one (1) year be set for develop- ment of the project. The petitioner, ak 'the March 26th meeting, requested that this item be deferred. Mayor Weekes stated that he has a letter from the archi- tect, Mr. Simon, relative to one of the conditions which has been placed on the approval by the Planning & Zoning Board requiring the owner to install a five foot sidewalk along the south property line. Mr. Carey stated that he concurs with °the City Engineer in regard to telling the pedistrian to share a right-of-way with a vehicle; the City Engineer feels very strongly that you have to sepa- rate them. Mr. Ulo Hallika, the owner of the property, asked whether he or the City would be responsible for the sidewalk. The City Attorney stated that in this case the sidewalk would be on public property and therefore the City would be liable if someone were hurt. Mr. Sheifley moved that Council sustain the recommenda- tion of the Planning & Zoning Board, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Scheifley stated that he hopes they will make every honest effort to enforce this ordinance in the future. Mayor Weekes stated that he has serious mixed emotions about this; he understands that the ordi- nance is on the books and they have to start enforcing it sometime but he has mixed feelings about requiring this gentleman to use a part of his property for a sidewalk that goes nowhere. At this point the roll was called to the motion. - 7 - 4/9/79 9.b. The City Manager reported that an application has been received from John E. Malloy to annex Lots 45, 46 and 47, Del-Raton Park, subject to RM-10 (Multiple Family Dwelling) District. The property is presently used for a building lot with no improvements and the proposed use is for a duplex. The Planning & Zoning Board at a meeting held on March 27th, recommended by unanimous vote that the property be annexed subject to the RM-10 zoning. Since this request for RM-10 zoning conforms with the City's Land Use Plan, approval of the annexation is recommended. This property is presently zoned in the County as RS (Residential Single Family). It is recommended that the City Attorney be directed to prepare %he resolution to the County requesting permission to rezone. Mr. Scheifley moved that the City Attorney be directed to prepare a resolution to Palm Beach County requesting a rezoning to RM-10 zoning for this property to be annexed, seconded by Mr. Bird. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:10 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 April 9, 1979, which minutes were formally approved and adopted by the City Council on~~ y 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. - 8 - 4/9/79