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06-11-79 JUNE 11, 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, June 11, 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 Rabbi Morris Silberman, Temple Emeth. 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 May 29, 1979 and the special meetings of May 23, 1979 and May 31, 1979, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird stated that he would like the administration to assist him with a problem concerning the number of unsolicited pieces of advertisement he receives in his front yard on a weekly basis. He understands that there is an amendment for purveyors of such things, which provides them with free speech, and he would like something which provides him with a right to deny this free speech on an individual and selective basis. The City Manager stated that the City ordinance provides a mechanism whereby a person can, on request, have the City give notice to the person or persons who are dropping these things on the lawn to stop doing so. Mr. Bird asked if there is a penalty involved if a person is notified to stop and continues. The City Attorney advised that the penalty is either a maximum of $500 fine or 90 days in jail or both. The ordinance provides~ that it should be handed directly to the owner, occupant or other person present in or upon the premises unless requested not to do so by the owner. It was the consensus of Council to discuss this matter at a workshop meeting. 4.b.1. Mrs. Durante stated that she has a problem concerning stray dogs. If there is any money left over in the City's budget, she hopes they can put it into more dog catchers because it is a real problem. The City Manager stated that Mrs. Durante has spoken of this in the past and if they can get some CETA employees, they could certainly add one or two to the program. 4.c.1. Mr. Scheifley noted that when they receive site plans for approval, there are attachments and the Planning & Zoning Department says "subject to the comments of the City Engineer and the Director of Public Utilities"; he doesn't think that has any meaning. He thinks some consideration should be given to changing the word "comments" to recommendations; you can't do anything subject to comments. He sug- gested that the administration talk to Mr. Kotulla and Mr Carey about the possibility of changing it to read "subject to the recommendations". Mrs. Phyllis Plume, Planning & Zoning Board, noted that they are not recommendations; they are requirements. Mr. Scheifley stated that they should then say "subject to the requirements". The City Manager stated that he doesn't think that every- thing the City Engineer writes in his memorandum is really City Engineering requirements as such. Many times there are things from an engineering standpoint that the City Engineer would like to see done and then when the Planning & Zoning Board makes approval of a plan, the normal procedure is that they approve it subject to whatever the City Engineer has said unless they want to strike something. So maybe after the Planning & Zoning Board acts on it, they would become requirements. The Administration agreed to consider Mr. Scheifley's suggestion. 5.a. A gentleman from High Point asked if there is anything the City Council could tell him regarding the drainage in High Point. Mayor Weekes stated that he instructed the City Attorney last week to have a conversation with the attorney representing the owners of the property adjacent to High Point on the north regarding the easement and to advise them that they would like to have the easement and, if they weren't willing to cooperate, to have conversation with the County Attorney with an eye to condemning the easement so they could get that drain put in. They intend to pursue getting that easement by whatever means they have to go through to get it. 6.a.1. The City Manager reported that he has a request from Dr. Mitchell, Chairman of the Civil Service Board, requesting that the City provide the Civil Service Board with independent legal counsel for a hearing that is going to be held by the Civil Service Board in the near future concerning former Patrolman Wymbs. Dr. Mitchell has talked with an attorney in West Palm Beach that he would like to retain at an hourly rate of $50. Dr. Mitchell said that the services of the attorney would be needed for about a half a day to a day. The attorney is Samuel A. Thomas with the law firm of Thomas and Cassidy. The City Attorney stated that he thinks the request for authorization should be approved. If the Civil Service Board feels that it's in need of independent legal counsel to advise them during the process of the hearing, he feels they should have it. He does not know the attorney and cannot make any comment in that regard. In response to Mr. Bird, the City Attorney stated that he feels that there is adequate legal counsel available locally. ! Mayor Weekes noted that the last 'time they hired an outside attorney to represent the Civil Service Board, they hired Gene Moore. Mr. Moore, having been the City Attorney for Boynton Beach for a number of years certainly would have expertise in the field. He would recom- mend that they contact Gene Moore because he is probably the most versed in this field in South Palm Beach County. Mr. Scheifley moved that the Administration attempt to contact Gene Moore to see what his fee is and whether he would be avail- able to perform this service; if he is not available, to get in touch and retain the attorney that Dr. Mitchell recommended, seconded by Mr. Bird. Mrs. Durante questioned what action Council should take if Mr. Moore's fee is higher than $50. Mr. Scheifley rephrased his motion as follows: Mr. Scheifley moved that the Administration get in touch with Mr. Moore to see whether he would perform this service at the rate of $50 aR hour and if he will, to retain him, and if not, to get in touch with and retain the attorney that Dr. Mitchell requested, seconded by Mr. Bird. Said ~- motion passed unanimously. 6.a.2. The City Manager reported that at workshop they discussed the nine acres of land immediately south of Miller Park. He passed out copies of Resolution No. 44-79 and stated that this resolution supposed- ly will meet local requirements. The City Attorney advised that this resolution has been dis- cussed with the attorney for the County and Mr. Barnes who is the attor- ney for Intercontinental Bank. They are both satisfied with the language. The City A~torney showed Council a copy of the plans. The City Manager presented Resolution No. 44-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, EXPRESSING ITS INTENTION TO PARTICIPATE IN THE PLANS FOR THE ACQUISITION OF PROPERTY BY PALM BEACH COUNTY FOR THE USE BY THE CITY IN CONJUNCTION WITH MILLER PARK. - 2 - 6/11/79 (Copy of Resolution No. 44-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 44-79, 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. 6.a.3. The City Manager reported that it has been determined that the police station roof is in very bad condition, it's not repairable and it's something that should not wait. Three bids have been received as follows: BIDDER QUOTATION Ray Roofing $ 19,600 West Palm Beach Boca Raton Roofing Company 19,176 Boca Raton Atlantic Roofing Company 18,755 Davie There is a $421 difference between the low bid and the second low bid. The low bidder is Atlantic Roofing Company of Davie; the second low bidder is Boca Raton Roofing Company of Boca Raton in the amount of $19,176. The administration feels that it would be in the City's best interest to award the roofing contract to the Boca Raton Roofing Company due to its location and its capabilities. It is re- commended that Council authorize a contract to that company with a source of funding to be determined later. Mayor Weekes asked the administration to find out who the original roofer was so that in the future they'll be guided accordingly. Mr. Bird moved that Council accept the administration's recommendation to employ Boca Roofing for the repairs after the admini- stration has ascertained that they were not the original contractor, ~ seconded by Mr. Scheifley. Said motion passed unanimously. 6.a.4 The City Manager presented a Developers Fund Agreement concerning Rainberry Bay, Section II in the amount of $6,100; $100 each for 61 dwelling units and recommended that Council give approval. Mrs. Durante moved that Council approve the administration's recommendation, seconded by Mr. Bird. Said motion passed unanimously. 6.a.5. The City Manager reported that this item concerns the Linton Bridge. They have now reached a point in construction that if a conduit is to be embedded in the concrete that it must be put in now through which piping and/or electrical lines can be inserted in the future for the watering of the median strip should landscaping be installed and maintained there at a later date. Such is not included in the DOT plans for construction, the County does not propose to do this, so, if it is done, it must be done by the City. Mr. Ken Ellingsworth approached the City regarding this and since it was not planned and it is a DOT project in combination with the County, it is being brought to the City Council for decision. In case it is necessary to buy new conduit, it would cost an estimated $580. Mr. Ellingsworth stated that it is urgent that this decision be made tonight. Mr. Young moved that the conduit be installed with the money to come from the General Contingency Account, seconded by Mrs. Durante. Said motion passed unanimously. - 3 - 6/11/79 6.a.6. The City Attorney requested Council's permission to amend the notice of special meeting for tomorrow night (1) that the hearing will be held on the Comprehensive Plan rather than just the future land use element and (2) that Council consider authorizing the transmittal of a letter to the Division of State Planning requesting an extension for the adoption of the Comprehensive Plan. This should be amended by con- sent of Council tonight; a further notice will not be sent out. Mrs. Durante moved that Council approve the'City Attorney's recommendation for the change in notice, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird asked what the affect will be on tomorrow night's meeting. The City Attorney stated that the hearing that they are going to hold will not count as one of the two required public hearings under the Statute. At this point the roll was called to the motion. The City Attorney stated that he talked to the Division of State Planning today and approximately 278 extension requests have already been granted which is over half the governmental units in the state. In response to a question from the audience, the City Attorney reported that he was talking to Dan Kotulla, Planning Director, today and they feel that they should apply for the longest extension they can, which is one year. Mayor Weekes stated that he is discouraged that they have to ask for an extension at all. He had hoped that they would have this approved in a timely manner. The City Attorney requested that Council put on next week's workshop agenda a discussion of the annexation area for the City and the planning area for the City; whether or not it's to be as presently proposed in the plan. 6.b. The City Manager reported that it was decided informally at the June 4th workshop meeting to appoint William G. James as a member~of the Board of Trustees, City of Delray Beach Police and Firefighters Retirement System to a three-year term ending April 22, 1982. Mr. Scheifley moved that William G. James be appointed as a member of the Board of Trustess, City of Delray Beach Police and Fire- fighters Retirement System to a three-year term ending April 22, 1982, seconded by Mr. Young. Said motion passed unanimously. 6.c. The City Manager reported that Council may consider appoint- ing Harry Newman and Ted Billingsly as members of the Downtown Develop- ment Authority to three-year terms expiring July 1, 1982. Messrs Newman and Billingsly are willing to serve if Council so desires. These appoint- ments have been recommended by the Chairman of the DDA. They would be taking the places of John Ross Adams and Leroy Croft. Mr. Bird moved for the appointment of Harry Newman and Ted Billingsly to the Downtown Development Authority to three-year terms expiring July 1, 1982, seconded by Mrs. Durante. Said motion passed unanimously. 6.d. The City Manager reported that as discussed at the June 4th workshop meeting, Council is to consider authorizing the retention of legal counsel in the Bumby & Stimpson, Inc. vs City litigation. The City Attorney reported that this is to authorize the .firm of Jones, Paine and Foster at the rate of $75 an hour for office time, $100 an hour for trial time. Mr. Bird moved that the City retain the legal counsel of Jones, Paine and Foster in the case of Bumby & Stimpson vs City at a rate of $75 an hour for office time and $100 an hour for trial time, seconded by Mrs. Durante. Said motion passed unanimously. - 4 - 6/11/79 Before roll call the folloWing discussion was had: Mr. Scheifl~y asked if the City of Delray should win, does the other party in the suit have to pay the City's legal expenses. The City Attorney stated that the contract provides for attorneys' fees, so that is correct to the extent that the City is able to prove liability in excess of the liability that they have already admitted which relates to the South Grande Canal. At this point the roll was called to the motion. 6.e. The City Manager reported that a public auction was held on June 7th for the sale of a 1978 Ford LTD II and the following bids were received: Bidder Quotation A & B Auto Parts, Inc. $501.00 Boynton Beach Charles F. Skahen 661.00 Lake Worth Dick's Auto Parts 781.50 Delray Beach It is recommended that Council accept the high bid from Dick's Auto Parts in the amount of $781.50. Authorization for this sale was given by Council at the May 14th meeting. Mr. Bird moved that Council accept the high bid from Dick's Auto Parts in the amount of $781.50, seconded by Mr. Young. Said motion passed unanimously. 6.f. The City Manager reported that as discussed at the June 4th workshop meeting, Council is to consider retaining the firm of Arthur V. Strock & Associates, Inc. for a one-year follow-up study of Delray Beach maintenance nourishment project for an estimated cost of $15,600, the money to come from the Beach Restoration Fund. The City Attorney stated that in regard to the City's con~ tract relationship with the firm of Arthur V. Strock & Associates, he has discussed this with Mr. Campbell and indicated to him that although, he will recommend to Council that this requested authorization be approved, he thinks that, henceforth, the City will have to work toward competitive negotiations. This particular authorization relates to a study in conjunction with the original project and to that extent if it's not done very shortly, the City would be in violation of its permit conditions. He thinks Council should go ahead with this particular authorization with the idea in mind that henceforth the City will have to go through the competitive negotiation process. Mrs. Durante moved that the firm of Arthur V. Strock & Associates be retained for a one-year follow-up study of the Delray Beach maintenance nourishment project for the sum of $15,600 with the funds to come from the Beach Restoration Fund, seconded by Mr. Bird. Said motion passed unanimously. 6.~. The City Manager reported that as decided informally at the June 4th workshop meeting, Council is to consider authorizing installa- tion of a six-foot chain line fence (1,135 feet) at Pompey Park at a cost of approximately $8,000 with funds to come from the General Fund Contingency Account. The City has received four bids for finishing the fencing of Pompey Park as follows: Bidder Quotation Southern Fence Company $7,511.00 Federal Fence Company 7,526.00 Auricchio Mario Fence Division Inc. 7,966.33 Bill Overton Fence Company 9,518.00 - 5 - 6/11/79 It is recommended that Council authorize the awarding of the contract to the low bidder, Southern Fence Company, in the amount of $7511.00 with funds to come from the General Fund Contingency Account. Mrs. Durante moved for the authorization of the installation of a chain link fence at Pompey Park and that the contract be awarded to Southern Fence Company, the low bidder, in'the amount of $7511.00 with funds to come from the General Fund Contingency Account, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Young asked how much money this will leave in the Contingency Fund. The City Manager stated that they presently have about $18,000 in it and this would leave approximately $11,500. At this point the roll was called to the motion. 7.a. Mayor Weekes acknowledged the minutes of the Beautification Committee for the meeting held on May 2, 1979. 7.b. The City Manager reported that a communication has been received from the Area Planning Board dated May llth requesting A-95 Clearinghouse review and comment relative to Metropolitan Planning Organization, West Palm Beach Urban Study Area Transportation Improve- ment Program, 1980-84. The Transportation Improvement Program is an on-going documentation of transportation improvements over a five-year period. It is developed from project commitments agreed upon by the County and the Florida DOT. Council has been furnished with a copy of a letter dated June 5th from the City Manager to APB stating that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs. Council may eitSer concur with the City Manager's letter or state its disapproval. Mr. Scheifley moved that Council approve the City Manager's letter, seconded by Mrs. Durante. Said motion passed unanimously. 7.c. The City Manager reported that a communication has been received from the Area Planning Board dated May 29th requesting A-95 ~ Clearinghouse review and comments relative to State of Florida, Depart- ment of Community Affairs, State Grant Application for Comprehensive Planning & Management Program 7-1-79 - 6-30-80. This program encom- passes the goals and objectives the Department of Community Affairs intends to achieve over the next three years with "701" comprehensive planning assistance as well as with other federal and state assistance. Council has been furnished with a copy of a letter dated May 31st from the City Manager to APB stating that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication 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. Bird moved that Council concur with the City Manager's letter, seconded by Mr. Scheifley. Said motion passed unanimously. 7.d. The City Manager reported that a communication has been received from the Area Planning Board relative to Palm Beach County Division of Housing & Community Development, Community Development Block Grant Program-Fifth Year-FY1979-80. This program will include acquisi- tion of real property, public works/capital improvements, rehabilitation loans and grants; special projects to aid the elderly and handicapped, provision of public services, relocation payments and assistance; clear- ance and demolition activities and administration. The program will eliminate and prevent blight and principally benefit low and moderate income persons. Council has been furnished with a copy of a letter dated June 5th from the City Manager to APB stating that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or pro- grams. Council may either concur with the City Manager's letter or state its disapproval. · - 6 - 6/11/79 Mr. Bird moved that Council approve the City Manager's letter, seconded by Mrs. Durante. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 43-79 relative to abandoning a portion of Hamlet Drive lying within the Hamlet develop- ment is before Council for consideration. The Planning & Zoning Board at a meeting held on May 22nd, recommended by unanimous vote that the right-of-way be abandoned, subject to the comments of the City Engineer as stated in his May 21st memorandum. The reason for the abandonment request is that the petitioner feels there is no necessity for Hamlet Drive to be extended to Military Trail with the reduction of density of The Hamlet. Council, at the May 29th meeting, directed the City Attorney to prepare the resolution effecting the abandonment. The City Manager presented Resolution No. 43-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF HAMLET DRIVE, AS SHOWN ON THE PLAT OF GREENSWARD VILLAGE SUBDIVISION, AS RECORDED IN PLAT BOOK 29, PAGE 190, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 43-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 43-79, seconded by Mrs. Durante. 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. Before roll call the following discussion was had: Mr. Jack Gaines stated that they appeared before the Planning & Zoning Board and requested that this be abandoned, the reason being that the density of the Hamlet has been reduced from approximately 2500 allowed density to approximately 400. There is absolutely no question, for the good of those people living in the Hamlet as well as the other residents of Delray Beach, that this road should not go all the way through to Military Trail. If the road went through to Military Trail and they never requested abandonment, there would be a greater necessity for the light. He thought it was very unfair that the City Engineer penalize~ them for trying to do what they think is in the best interest of the Hamlet and the City of Delray Beach. The City Manager stated that the recommendation for the traffic light came from the Planning & Zoning Board and not the City Engineer. Mr. Gaines stated that the Planning & Zoning Board approved it upon the recommendation of the City Engineer. They did not see fit at that time to bring this point up but they do not feel that it is proper that a developer be penalized to put a light on a county road where a light would have to go anyway. They thought that this would be the right time to make their point when the matter was before Council. Mayor Weekes stated that it seems strange to him that they are going to require this of the Hamlet when they did not require it of High Point. The County is presently in the process of installing a traffic signal at the corner of Barwick Road and Atlantic Avenue, pri- marily because of the traffic generated by High Point. The City Attorney informed Council that they did require a traffic signal fund from Pelican Harbor. Mayor Weekes stated that in the case of Pelican Harbor, they made that offer voluntarily. Mrs. Plume, Planning & Zoning Board, noted that this is a trend to try to get the developers to absorb the impact. They felt that the residents of the Hamlet will not get out of their development unless there's some signalization there. The recommendation is that the de- veloper bear at least part of the impact that they are causing. The Board is doing it all the time. - 7 - 6/11/79 Mr. Gaines added that the point he is trying to make is the fact that, had they not requested this abandonment, there would have been a more urgent need for the light there if the road went through. In response to a question from Mr. Scheifley, Mr. Gaines estimated the cost to be in the neighborhood of $40,000 to $50,000. At this point the roll was called to the motion. 8.b. The City Manager reported that Ordinance No. 34-79 relative to annexing a 1.7-acre parcel of land located in Section 9-46-43, south of Lake Avenue between U.S. No. 1 and Old Dixie Highway, subject to GC (General Commercial) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 14th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 34-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH ALL THAT PART OF LOTS 6 AND 7 OF THE SUBDIVISION OF HARRY SEEMILLER, LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1), ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 72, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 34-79 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. 34-79 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. 35-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances to allow life care retirement communities as a conditional use in the PRD-10 (Planned Residential) District. This ordinance was passed on First Reading at the May 29th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to held at this time. & The City Manager presented Ordinance No. 35-79: 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 29-8.3(C) PRD-10 (PLANNED RESIDENTIAL) DISTRICT TO ALLOW LIFE CARE RETIREMENT COMMUNITIES AS A CONDI- TIONAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 35-79 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. - 8 - 6/11/79 Mr. Bird moved for the adoption of Ordinance No. 35-79 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.d. The City Manager reported that Ordinance No. 37-79, amending Chapter 29 "Zoning" of the Code of Ordinances by deleting from the definition of club that "such use shall not operate for profit or render a service which is customarily carried on as a business", is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 29th 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. 37-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" BY AMEND- ING SECTION 29-1(18) DEFINITIONS OF THE ZONING CODE BY DELETING FROM THE DEFINITION OF CLUB, THAT "SUCH USE SHALL NOT OPERATE FOR PROFIT OR RENDER A SERVICE WHICH IS CUSTOMARILY CARRIED ON AS A BUSINESS"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 37-79 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 adoption of Ordinance No. 37-79 on Second and FINAL 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.e. The City Manager reported that Ordinance No. 39-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 26 "Vehicles for Hire" of the Code of Ordinances relative to rates charged passengers. This ordinance was passed on First Reading at the May 29th 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. 39-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26 OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, "VEHICLES FOR HIRE", BY REPEALING SECTIONS 26-1 "RATES CHARGED PASSENGERS--GENERALLY", 26-2 "SAME--MINIMUM CHARGES PER- MITTED'', AND 26-3 "SAME--POSTING", AND ENACTING NEW SEC- TIONS 26-1 "RATES CHARGED PASSENGERS" AND 26-2 "SAME-- POSTING''; PROVIDING FOR THE SETTING OF CHARGES FOR TRANS- PORTATION SERVICES BY THE INDIVIDUALS, FIRMS OR CORPORA- TIONS HOLDING THE'CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING THAT THE SET SCHEDULES OF CHARGES SHALL BE CONSPICUOUSLY POSTED IN EVERY TAXICAB OR MOTOR VEHICLE FOR HIRE IN THE CITY; PROVIDING FOR THE RENUMBER- ING OF THE REMAINING SECTIONS TO CONFORM HEREWITH; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 39-79 is on file in the official Ordinance Book) - 9 - 6/11/79 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. Young moved for the passage of Ordinance No. 39-79 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.f. The City Manager reported that Ordinance No. 40-79, amending Chapter 17 "Offenses" of the Code of Ordinances relative to intoxication is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 29th 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. 40-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, "OFFENSES", BY AMEND- ING SECTION 17-11 BY DELETING THE WORDS "OR BY BEING DRUNK" AS AN OFFENSE UNDER THIS SECTION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 40-79 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 adoption of Ordinance No. 40-79 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 ~ vote. 8.~. The City Manager reported that Ordinance No. 41-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will delete Section 17-33, Chapter 17 "Offenses" of the Code of Ordinances relative to vagrants. This ordinance was passed on First Reading at the May 29th 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. 41-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, "OFFENSES", BY RE- PEALING SECTION 17-33 "VAGRANTS"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 41-79 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 adoption of Ordinance No. 41-79 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. - 10 - 6/11/79 8.h. The City Manager reported that Ordinance No. 42-79, amending Chapter 23 "Streets and Sidewalks" of the Code of Ordinances to require visible street number signs on all buildings and to require the Fire Department to establish and maintain a map reflecting street numbers is before Council for consideration on First Reading. At a workshop meet- ing sometime ago, the consensus of Council was that the City require street number addresses to be at each location in the City. A question was raised at that time as to whether or not the City's present ordi- nance so provides. It was decided that the CitY Attorney's office would research it and if additional legislation was needed, it would be brought to Council; if it was not needed, then Council would be notified and the administration would see that it was put into effect and administered. The City Attorney's office has determined that the proposed ordinance would be necessary in order to do this. The City Attorney stated that in regard to the wording in the ordinance, Mr. Bird recommended a possible change which he thinks should be made. The change was in regard to "all properties having structures thereon". The City Attorney asked Mr. Bird if he would be agreeable to "all properties having buildings thereon" and Mr. Bird agreed. The City Attorney stated that they would amend that part of the caption and that part of the ordinance. In the fifth line of the caption it would read "all properties having buildings thereon;" and in the body of the ordinance, Section (h) third line down the same amendment would be made and in the fourth line down strike the second word. The City Manager stated that he would like to bring up another possible change to the ordinance. Under Section 23-3, they said that the "fire department shall establish and maintain a map of the City, reflecting the numbers on buildings as hereinabove provided." He thinks that there are a number of cases where they should not require the number to be on the building. Mr. Bird stated that that was the intent of his request, that the number be on the property and visible to the street as opposed to being required to be on the building itself. The City Attorney stated that Section 23-3 would be amended to say "on properties as hereinabove provided." The City Manager presented Ordinance No. 42-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23 "STREETS AND SIDE- WALKS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 23-2(h) TO REQUIRE VISIBLE STREET NUMBER SIGNS ON ALL PROPERTIES HAVING A BUILDING THEREON; AMENDING SECTION 23-3 TO REQUIRE THE FIRE DE- PARTMENT TO ESTABLISH AND MAINTAIN A MAP REFLECTING STREET NUMBERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for passage of Ordinance No. 42-79 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.i. The City Manager reported that Ordinance No. 43-79 relative to rezoning and placing land zoned PRD-7 (Planned Residential) District in RM-10 (Multiple Family Dwelling) District, located on the southwest corner of Congress Avenue and the L-30 Canal is before Council for consideration on First Reading. Public hearing will be held and con- sideration will be given to passage on Second and FINAL Reading at the meeting on June 25th. Council, at the May 21st workshop meeting, directed the City Attorney to prepare the ordinance effecting the rezoning. - 11 - 6/11/79 The City Manager presented Ordinance No. 43-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD-7 (PLANNED RESIDENTIAL) DISTRICT IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND IN SECTION 7, TO~;NSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTH- WEST CORNER OF CONGRESS AVENUE AND THE L-30 CANAL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 43-79 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.j. The City Manager reported that Ordinance No. 44-79 relative to rezoning and placing land zoned PRD-7 (Planned Residential) District in PRD-4 (Planned Residential) District, located on the north side of Lake Ida Road between Davis Road and Congress 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 June 25th. At the May 21st workshop meeting, Council directed the City Attorney to prepare the ordinance effecting the re- zoning. The City Manager presented Ordinance No. 44-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD-7 (PLANNED RESIDENTIAL) DISTRICT IN PRD-4 (PLANNED RESIDENTIAL) DISTRICT, A PARCEL OF LAND IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED ON THE NORTH SIDE OF LAKE IDA ROAD BETWEEN DAVIS ROAD AND CONGRESS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Bird moved for passage of Ordinance No. 44-79 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 April 17th, recommended by unanimous vote that a 9.89-acre parcel of land located in Section 18-46-43 at the southwest corner of Atlantic Avenue and Congress Avenue be rezoned from R-1AA (Single Family Dwelling) District and RM-15 (Multiple Family Dwelling) District to SAD (Special Activities) District and the conditional use, site and development plan approval request for Congress Square Shopping - Center be approved, subject to the following: 1) Comments of the City Engineer as stated in his memo- randum of April 5th. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of April 2nd. 3) Allowing only those uses as described in the list to locate in this development. 4) Availability of water. 5) A time limitation of 18 months be set for develop- ment of the project. - 12 - 6/11/79 It is recommended that Council direct the City Attorney to prepare an ordinance effecting the rezoning. This item was postponed at the May 14th Council meeting at the request of the attorney for the applicant. Mr. Bird moved that the City Attorney's office be directed to draft the ordinance relative to the change in zoning from R-1AA and RM-15 to SAD, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Scheifley asked Mrs. Plume if this is going to effect the golf course. Mrs. Plume, Planning & Zoning Board member, stated that this property will be cut off from the golf course. Mr. Alan Ciklen stated that this property does abut the golf course; it's separated by a canal in one portion and one portion of the golf course has a very heavy stand of trees and there is a wall that's recommended as a condition for approval. Mr. Ciklen outlined the uses that are going to be put in there. At this point the roll was called to the motion. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on May 15th, recommended by unanimous vote that the conditional use and site and development plan for Delray Beach Landings, located at the southwest corner of N.E. 8th Street and Andrews Avenue be approved, subject to the following: 1) Comments of the City Engineer as stated in his memo- randum of April 20th. 2) Comments of the Director of Public Works/Utilities as stated in his April 18th memorandum. 3) That there shall be no parking of construction equipment or workers on the bike path. 4) That restoration of the bike path be made equal to or better than before deterioration. 5) That the bike path be extended to the bridge as re- quested by the City Engineer. 6) That sufficient funds be contributed to the City for construction of a future traffic light at the inter- section of N.E. 8th Street and Andrews Avenue. 7) That the slab level shall not exceed four feet above mean high sea level. 8) Availability of water. 9) A time limitation of 18 months be set for develop- ment of the project. This was discussed at the workshop meeting on June 4th. This would be 83 dwelling units in ten (10) four (4) story buildings on a 8.3-acre tract of land. Mr. Young moved for approval of the Planning & Zoning Board's recommendation subject to the listed items, 1 through 9, seconded by Mr. Scheifley. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:30 P.M. ATTEST: MAYOR - 13 - 6/11/79 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 June 11, 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 completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 14 - 6/11/79