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04-23-79 APRIL 23, 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, April 23, 1979, with Mayor Leon M. Weekes, presiding~and City Manager J. Eldon Mariott, Assistant City Attorney Clifford Shandy, 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 Durwood McDonnell, Cason United Methodist Church. 2. The Pledge of Allegiance to the flag of the United States o-~ America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of April 9, 1979 and the special meeting of April 16, 1979, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird asked the consideration of Council for the 'issuance of a resolution citing the co-chairmen of the Delray Affair, Bill Hurd and Tom Dennis for their efforts and through them recog- nition of the efforts of the hundreds of people who made the Delray Affair possible. Mr. Bird moved that Council adopt a resolution citing the co-chairmen of the 1979 Delray Affair for their efforts, seconded by Mr. Young. Said motion passed unanimously. Mr. Bird thanked all of the City employees for their support of the Delray Affair. 4.b.lo Mrs. Durante stated that she feels the Delray Affair was an excellent example of cooperation between the Delray Affairs Committee, the Chamber of Commerce and the City.of Delray. 4.c.1. Mr. Young inquired as to what is being done about the restaurant at Delray Beach Country Club; the contract runs out May 1st and it's getting close to that time. The City Manager suggested holding a workshop sometime this week. It was the consensus of Council to schedule the workshop meeting for Wednesday at 4:00 P.M. 4.c.2. Mr. Young suggested, in regard to the City audit report, that Council permit the Financial Advisory Board to make their usual report to Council. He has gone over it and thinks it is in excellent shape. It was the consensus of Council to discuss this matter at the workshop meeting on Wednesday and to have the representatives of the auditing firm present. 4.d.1. Mayor Weekes presented a proclamation proclaiming the week of May 11-19, 1979 as "Jewish War Veterans Week". 4.d.2. Mayor Weekes presented a proclamation proclaiming th~ week of May 13-19, 1979 as "Municipal Clerks Week". 4.d.3. Mayor Weekes stated that this week is National Secre- taries Week and at their banquet last Friday night the South Palm Beach County Chapter of National Secretaries Association elected Mr. J. Eldon Mariott as the boss of the year. 4.d.4. Mayor Weekes stated that, with regard to the annexation bill they have been trying to get through the legislature, it has passed the house but it is in trouble in the senate. He is going to Tallahassee on Tuesday, May 2nd where he will meet with Ray Sittig and Frank Carey and the three of them intend to try to lobby some of the senators to see if they can pull this bill through. 5.a. Mr. Ken Ellingsworth, on behalf of the Chamber of Com- merce, thanked the City Employees for their efforts in regard to the Delray Affair. 5.b. Mark Moldoff, 4709 N. 39 St., Hollywood, the petitioner on the Tail Pines swim and tennis club, stated that he was ill at the time of the last Council workshop meeting and he didn't attend. He has a couple of points he wants to discuss on that and requested that item 9.a. be put on the first possible workshop meeting. Mayor Weekes stated that Mr. Moldoff will be given the time to bring up those points tonight if he chooses to do so. Coun- cil deferred this once before, they already discussed it at workshop and he cannot see any problems with it. It was the consensus of Council to hear Mr. Moldoff on this item tonight. ~-~ 6.a.1. The City Manager stated that it was thought by the City and others that the Gipper walls should be painted, the Gipper being the property adjacent to the beach bathhouse that is now in operation and being landscaped. Arrangements have been tentatively agreed upon between the City Administration and the Gipper for the Gipper to furnish the paint and the City personnel to do the labor on painting the north and west wall of the Gipper. He asked for Council's approval on this arrangement. Mr. Young moved that this be done, seconded by Mr. Bird. Said motion passed unanimously. 6.b. The City Manager reported that at the April 16th workshop meeting, Council decided informally to appoint Russell Jennings to the unexpired term of Don Rigsby as a member of the Board of Con- struction Appeals ending January 8, 1980. Mr. Scheifley moved that Russell Jennings be appointed to the unexpired term of Don Rigsby as a member of the Board of Con- struction Appeals ending Januray 8, 1980, seconded by Mr. Bird. Said motion passed unanimously. 6.c. The City Manager reported that it was decided informally at the April 16th workshop meeting to appoint John E. Gomery, Jr. to the unexpired term of Ron Oprzadek as a regular member of the Community Appearance Board ending August 25, 1979. Mr. Bird moved for the appointment of Mr. Gomery to the unexpired term of Mr. Oprzadek, seconded by Mr. Young. Said motion passed unanimously. 6.d. The City Manager reported that it recommended that Coun- cil approve execution of an agreement between the City and Jacqueline Sue Kline for payment of $1,624.72 to the City for damages to a City vehicle with which Miss Kline collided. Mr. Bird moved for approval of the agreement, seconded by Mr. Young. Said motion passed unanimously. 6.e. The City Manager reported that it is recommended that Council approve an easement deed between the City and Florida Public Utilities Company for a six-foot easement to extend their natural gas main across the Women's Club property to the English Pub Restaurant, 530 South Federal. Mr. Bird moved for approval of the easement deed, seconded by Mr. Young. Said motion passed unanimously. 6.f. The City Manager reported that the City entered into an agreement with Edward W. Siver, Risk Management Consultant on June 23, 1975, which agreement provided for an adjustment in fees de- pendent upon circumstances. A copy of Mr. Siver's fee increase proposal to the City dated March 21st, offering two alternatives and a copy of the original agreement have been provided to Council. It is recommended that Alternate II be approved. - 2 - 4/23/79 Mr. Scheifley moved that Alternate II and the agreement with Edward W. $iver, Risk Management, as outlined in the communica- tion dated March 21, 1979 be approved, seconded by Mr. Bird. Said motion passed unanimously. 6.g. The City Manager reported that it is recommended that Council approve the execution of a Developers Utility Service Agree- ment with Carole Siemens, Trustee, for the providing of water and sewer service to the area described as Pine Trail East, located on the southwest corner of Barwick Road and Lake Ida Road. $3,500 will be deposited in the Developers Fund account to cover 35 units @ $100 each. Mr. Bird moved for approval of the Developers Utility Service Agreement, seconded by Mr. Young. Said motion passed unani- mously. 6.h. The City Manager reported that the Police Department has requested authorization to destroy inoperative equipment which has been replaced by more modern equipment and which will pose a security problem if retained. Approval is recommended. Mr. Bird moved that Council authorize the destruction of the police equipment, seconded by Mr. Young. Said motion passed unanimously. 6.i. The City Manager reported that it is recommended that Council authorize the transfer of $2,000 from the General Fund Con- tingency Account for the construction of cabinets and shelves at the Police Station which is made necessary by termite infestation. Mr. Scheifley moved that Council authorize the transfer of $2,000 from the General Fund Contingency Account for the construc- tion of cabinets and shelves at the Police Station, seconded by Mr. Bird. Said motion passed unanimously. 6.j. The City Manager stated that some time ago the Parks and Recreation Department anticiPated a "Not One Child" Swim Program, which, in essence, is to teach young children how to swim. It was thought at first that it could be done at the Pompey Park pool but the pool has not been in operation for some time. Tentative arrange- ments have been made to use the pool at Chatelaine at no charge to the City. The School System of Palm Beach County has agreed to participate in the program and considerable work has been done be- tween the School System employees and the Parks and Recreation De- partment to initiate this program. It has the approval of the City Attorney's office and Council approval is recommended. The Assistant City Attorney stated that the City is hold- ing harmless the owner of the pool and the present lessees of the pool. Mr. Young moved that the pool at Chatelaine be used for the "Not One Child" Swim Program as outlined by the City Manager, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: In response to a question from Mrs. Durante, the City Manager stated that the facilities are being made available to the City at no charge and an instructor is being provided to the City. It would be a City program in that it is being organized by the City. The Assistant City Attorney stated that the classes will be ten or less in number, strictly for instruction, with no play period. There will be three or four assistants to help teach the children to swim. The City Manager stated that this program would be for first, second and third grade children and would be given during school hours and only those children may participate whose principals give their approval for their participation and whose parents or guardian have signed a certain certificate giving permission for their child to leave the school during this particular period. - 3 - 4/23/79 Mayor Weekes noted that part of the certificate that the parents will have to sign is a release, releasing the City for any liability for accidents or injuries which may occur during the parti- cipation. At this point the roll was called to the motion. 6.k. The City Manager reported that it is recommended that ~-~uncil authorize retaining Stanley E. Ross as the City's Fiscal Agent relative to the upcoming Water and Sewer Revenue Bond Issue for an approximate fee of $15,000 as discussed at the April 16th Council workshop meeting. Mr. Scheifley moved that Stanley E. Ross be retained as the City's Fiscal Agent relative to the upcoming Water and Sewer Revenue Bond Issue for an approximate fee of $15,000, seconded by Mr. Young. Said motion passed unanimously. 6.1. The City Manager reported that as discussed at the April 1-~ workshop meeting, Council is to give consideration to author- izing the City Attorney's office to join with other municipalities in a suit against Palm Beach County re dual taxation. The Assistant City Attorney requested that the authoriza- tion include sharing costs with other cities. At this time they do not know how much this litigation will cost. Mayor Weekes stated that he is anxious to enter into the action but he would like to have some idea of the cost involved before entering into it. Mr. Scheifley moved that the City Council participate with the other cities re the dual taxation suit and reserve the amount to be stipulated as legal expense until they hear from the City Attorney, seconded by Mr. Young. Said motion passed unani- mously. 6.m. The City Manager reported that it is recommended that Council approve the execution of a Developers Utility Service Agree- ment (Sewer) with Highland Park Company, Inc., for the providing of sewer service to the area described as Highland Trailer Park, located on the west side of Barwick Road, south of the L-33 Canal and north of Atlantic Avenue. $11,725 will be deposited in the Developers Fund account to cover 18.76 acres x $625. Approval of this item is contingent upon Council approval of 7.a. (Motion for approval made during approval of item 7.a.) 7.a. The City Manager reported that the City is in receipt of an application from Moody Construction Company for City water service to serve Section 13-46-42, west of Highland Trailer Park, south of the L-33 Canal and north of Atlantic 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 eligible for annexation, approval of the applicant's request for water service is recommended. The request for City water service is to serve 6.89 acres to be known as West Pointe of Delray. The de- velopment will consist of six and eight unit two-story condominium buildings. Mr. Bird moved that Council approve, the Developers Utility Service Agreement (Sewer) with Highland Park Company, Inc. (item 6.m.), seconded by Mr. Scheifley. Said motion passed unani- mously. Mrs. Durante moved that the City enter into an agreement to provide water and sewer service to Moody Construction Company's condominium project known as West Pointe of Delray, seconded by Mr. Bird. Said motion passed unanimously. - 4 - 4/23/79 7.b. The City Manager reported that a communication has been received from the Area Planning Board dated April 9th, requesting A-95 Clearinghouse review and comment relative to Palm Beach County South Central Region 201 Planning Agency for special funding for South Central Region 201 Facilities Plan. The continuation of fund- ing 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 that Council send a letter stating that there is no conflict with this proposed funding project, seconded by Mr. Bird. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 31-79 re- questing permission from the Palm Beach County Board of County Commissioners to rezone land to be annexed from RS (Residential Single Family)(County) to RM-10 (Multiple Family Dwelling) District (City) on the west side of Florida Boulevard between Avenue "F" if extended east and Avenue "G" if extended east, is before Council for ~onsideration. The Planning & Zoning Board at a meeting held on March 27th, recommended by unanimous vote that the property be annexed subject to ~-10 zoning. Council, at its meeting on April 9th, authorized the City Attorney to prepare the resolution. The City Manager presented Resolution No. 31-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO.REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS (RESIDENTIAL SINGLE FAMILY) TO THE CITY'S ZONING CLASSI- FICATION RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 31-79 is on file in the official Resolution Book) Mr. Bird moved for passage of Resolution No. 31-79, 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.b. The City Manager reported that the following quotations have been received to sell the City two dump bodies for two new trash trucks for the Public Works Department: Bidder Quotation Callahan Motor Company $7,500 Dania Advance Fabricators 7,954 West Palm Beach It is recommended-that the contract be awarded to the low bidder, Callahan Motor Company in the amount of $7,500 by passage of Resolu- tion No. 32-79, with funds to come from Federal Revenue Sharing Funds. The City Manager presented Resolution No. 32-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE PURCHASE OF TWO DUMP BODIES FOR TWO NEW TRASH TRUCKS. (Copy of Resolution No.' 32-79 is on file in the official Resolution Book) - 5 - 4/23/79 Mr. Bird moved for the passage of Resolution No. 32-79, 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. 8.c. The City Manager reported that a request has been re- ceived for construction of a "T" pile and slab-type concrete seawall to prevent erosion on Parcel "D", a portion of Lots 13, 16 and all of Lots 14 and 15 in Block 2, west side of the Intracoastal Waterway, north of 12th Street. There will be no cost to the City for this construction. Approval is recommended by adoption of Resolution No. 33-79. The City Manager presented Resolution No. 33-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OF APPROVAL FOR CONSTRUCTION OF A "T" PILE AND SLAB TYPE, CONCRETE SEAWALL AND BACKFILL WHERE APPROPRIATE,'FOR THE PRIMARY PURPOSE OF PREVENTING ERO- SION ON PARCEL "D", A PORTION OF LOTS 13, 16 AND ALL OF LOTS 14 AND 15 IN BLOCK 2, MODEL LAND COMPANY'S MAP OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 128 OF PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 33-79 is on file in the official Resolution Book ) Mr. Young moved for the passage of Resolution No. 33-79, 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.d. The City Manager reported that Ordinance No. 19-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will annex 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 Commer- cial) District. This ordinance was passed on First Reading at the March 26th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. 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. (Copy of Ordinance No. 19-79 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. 19-79 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. - 6 - 4/23/79 8.e. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the April 9th 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. 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 SUBDIVISION LOCATED ON BOTH SIDES OF DEL-HAVEN DRIVE BETWEEN THE INTRACOASTAL WATERWAY AND A1A, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 26-79 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. Mrs. Betty Matthews asked if the property on the canal which faces the Rhodes Villa homes is going to remain single family. Dan Kotulla, Planning Director, stated that it will remain single family. The public hearing was closed. Mr. Bird moved for passage of Ordinance No. 26-79 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. 24-79 rela- tive to rezoning and placing land zoned PRD-10 (Planned Residential) District in RM-15 (Multiple Family Dwelling) District, west side of Dover Road between Linton Boulevard and Sherwood 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 May 14th. Council, at the March 26th meet- ing, directed the City Attorney to prepare the ordinance effectihg the rezoning. The City Manager presented Ordinance No. 24-79: 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-15 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LOCATED WEST 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. Scheifley moved for the passage of Ordinance No. 24-79 on First Reading, seconded by Mr. Young. Upon roll call Coun- cil 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. - 7 - 4/23/79 8.g. The City Manager reported that Ordinance No. 25-79 rela- tive to rezoning and placing land zoned GC (General Commercial) Dis- trict in R-iA (Single Family Dwelling) District, 24 N.W. 13th Avenue 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 May 14th. Council, at the March 26th meeting, directed the City Attorney to prepare the ordinance effect- ing the rezoning. The City Manager presented Ordinance No. 25-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN R-iA (SINGLE FAMILY DWELLING) DISTRICT, LOT 13, BLOCK 1, ODMAN'S SUBDIVISION, LOCATED AT 24 N.W. 13TH AVENUE, AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Bird moved fo~ the passage of Ordinance No. 25-79 on First Reading, 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. 8.h. The City Manager reported that Ordinance No. 27-79 amend- ing Ordinance No. 61-78 relative to the 1978-79 budget by adding a new Article VII to make appropriations of sums of money for all necessary expenditures for the Delray Beach Country Club from December 1, 1978 through September 30, 1979 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 May 14th. This was discussed at the April 16th work- shop meeting at which time the City Attorney's office was directed to prepare the ordinance. The City Manager presented Ordinance No. 27-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NUMBER 61-78 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE FISCAL YEAR 1978-1979, BY ADDING NEW ARTICLE VII TO MAKE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES FOR THE DELRAY BEACH COUNTRY CLUB FOR THE PERIOD FROM THE FIRST DAY OF DECEMBER, 1978, THROUGH THE THIRTIETH DAY OF SEPTEMBER, 1979;. TO RENUMBER THE ARTI- CLES OF ORDINANCE NO. 61-78 TO BE CONSISTENT HEREWITH; TO REPEAL ALL RESOLUTIONS AND ORDINANCES INCONSISTENT HEREWITH. The City Manager read the caption of the ordinance. Mr. Bird moved for the passage of Ordinance No. 27-79 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. 8.i. The City Manager reported that Ordinance No. 28-79, amending Section 19-33(5)(d) "Pensions" of the Code of Ordinances relative to the Police and Firefighters Retirement System is before Council for consideration on First Reading. This was discussed at the April 16th workshop meeting. The City Manager presented Ordinance No. 28-79: - 8 - 4/23/79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 19, ARTICLE IV "PENSION PLAN FOR POLICEMEN & FIREMEN" SECTION 19-33(5)(d) OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING THAT ANY INCREASE IN THE PRIMARY NONFAMILY SOCIAL SECURITY BENEFIT ATTRIBUTABLE TO THE COST OF LIVING PROVISIONS OF FEDERAL SOCIAL SECURITY LAW SHALL NOT BE USED TO REDUCE OR OFFSET THE MONTHLY AMOUNT TO WHICH THE DISABLED MEMBER IS ENTITLED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the passage of Ordinance No. 28-79 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 R-1A-B (Single Family Dwelling) District to allow a swim and tennis club, located on the south side of Lake Ida Road between Barwick Road and Canal No. 31, be approved, subject to the following: 1) Comments of the Director of Public Works/Utilities as stated in his February 26th memorandum. 2) That all outside activity shall be conducted only between the hours of 9:00 a.m. and 9:00 p.m. 3) That all exterior lighting shall be directed away from adjacent properties. 4) That no offices shall be located in this development except those associated with the administration of the swim and tennis club. 5) That the irregularly shaped parcels of land located on the east and west sides of the club property shall be landscaped and maintained by the owner of the club. 6) Availability of water. 7) A time limitation of one (1) year be set for develop- ment of the project. Council at the March 26th meeting referred this matter to workshop. This was discussed at the April 16th workshop meeting. Mayor Weekes stated that Mr. Moldoff asked to be heard and he is prepared to listen to him but he really doesn't think it is necessary. Mr. Bird moved that Council sustain the recommendation of the Planning & Zoning Board relative to the conditional use approval for Tall Pines Swim and Tennis Club, seconded by Mr. Scheifley. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning hoard at a meeting held on April 17th, recommended by unanimous vote that the conditional use approval request in the GC (General Commer- cial) District to allow a funeral home, located on the west side of S.W. 5th Avenue between Atlantic Avenue and S.W. 1st Street be approved, subject to the following: - 9- 4/23/79 1) Comments of the City Engineer as stated in his memo- randum of April 4th. 2) Comments of the Director of Public Works/Utilities as stated in his March 23rd memorandum. 3) Availability of water. 4) 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 re the Cartwright Funeral Home, seconded by Mr. Bird. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on April 17th, considered rezoning a parcel of land from RM-15 (Multiple Family Dwelling) District to RM-10 (Multiple Family Dwelling)District. This land is located in Section 28-46-43 on the north side of Avenue "J" between Florida Boulevard and Spanish Trail. After discussion, a motion passed by a vote of 6 to 0 (Wallin abstaining), that the subject property be rezoned for the following reasons: 1) The change will help alter the population density pattern, thereby decreasing the load on public faci- lities. 2) The change will not adversely influence living con- ditions in the neighborhood. 3) The change will help to decrease traffic in the area. 4) The change will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations. If Council is in agreement with the recommendations of the Planning & Zoning Board, it is suggested Council direct the City Attorney t° prepare the rezoning ordinance. Mr. Bird moved that Council sustain the recommendation of the Planning & Zoning Board relative to the rezoning request on the north side of Avenue "J", between Florida Boulevard and Spanish Trail and direct the City Attorney to prepare the ordinance, seconded by Mr. Young. Said motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on April 17th, recommended by unanimous vote that the abandonment of the right-of-way located in Section 29-46-43, east of Lindell Boulevard, between Quail Road and Dotterel Road be approved subject to the comments of the City Engineer's memorandum of April 9th. It is recommended that the City Attorney be directed to prepare the resolution effecting the abandonment. Mr. Bird moved that Council sustain the Planning & Zoning Board's recommendation relative to the right-of-way abandonment a portion of Jaeger Drive, Tropic Palms, Plat No. 1 and that the City Attorney be directed to prepare the resolution, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:10 P.M. City Clerk - 10 - 4/23/79 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 April 23, 1979 which minutes were formally approved and adopted by the City Council on ~;7~.~ /~jF~?~. 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. - 11 - 4/23/79