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07-09-79 JULY 9, 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, July 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 Mayor Weekes. 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 June 25, 1979 and the special meeting of July 2, 1979, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mrs. Durante noted the newspaper article that the City Manager sent out to them regarding the employees coalition to form a pact to become more politically active. This is exactly what she said would probably happen if Council did not support the Administration in the recent negotiation. The Administration had negotiated represent- ing the City in good faith for a period of about twelve months and an agreement had not been reached; at that point the Administration had a special meeting with the Council to find out what direction Council wanted the Administration to take. At that meeting Council gave the Administration very specific instructions and that was the position that the Administration took and then Council did not support the Administration's position. This left the Administration not knowing which direction the Council would like for it take in the future and also left the Administration very mad. This left the Union feeling that they can win more political power, organizing and making demands on the City without thinking about all of the other obligations that this City has to all of the taxpayers. 4.a.2. Mrs. Durante stated that she had agreed to go along with getting an interior decorator for the golf course. The Administration told them how much time and effort they had put into researching the type of materials that would go inside the Country Club. They have spent a great deal of time researching what's going to work best and now they have come up with the idea to get an interior decorator. She feels that they really don't want an interior decorator at this point. It's going to cost the City some money and she feels it's an insult to the amount of effort that these people have put in that Country Club and they're all looking for what's going to be the best and the most beneficial for the City in the long run, especially the Golf Pro who's going to have to live with this decision because he is under the Administration. They just completed an $800,000 building that had to be furnished from scratch; no one ever offered the suggestion of an interior decorator for that building. She thinks that if the staff and the Administration had been given more of an opportunity to make some suggestions about what should be done as far as the construction is concerned, they wouldn't be having problems in that building. There's a great big hole that the door handle has knocked in the wall of that $800,000 building, a hole big enough for her to get her fist all the way through to the other wall. This building is Pompey Park. In addition, in the library, someone merely set a chair along the wall and there's a hole the full length of the back of that chair in that wall. In one of the walls in the hallway the heel of somebody's shoe went through that wall and in another place there is a hole big enough for her to get her head through. This problem has occurred because they didn't use concrete walls for the interior of a building that had a high intensive use. She is sure that if the staff people who must live with that building had had something to say about it, they would have some concrete walls inside that building and not those flimsy walls. She would like to change her vote to "no" as far as the interior decorator is concerned because they're only talking about $15,000 and they spent far more than that in furnishing a building that cost a lot more. She thinks they could better use their monies someplace else. 4.b.1. Mr. Scheifley concurred with everything Mrs. Durante said. He noted that there are some people here tonight because they heard something about a fence at the Country Club and several people have approached him in the last couple of days objecting to a fence around the Country Club. He would like to make clear that there is no fence under consideration at the present time. Last Tuesday they had $161,000 left in the budget and they spent two hours allocating that money and a fence was not included. The City Manager stated that he received a letter in today's mail protesting what they thought to be the City's planned construction of a fence enclosing the Delray Beach Country Club and he responded to the writer saying that such was not under consideration; however, he informed the writer that it is planned to install a fence enclosing the parking lot at the Country Club. - 4.c.1. Mayor Weekes stated that there are a great many people here tonight from High Point and in deference to them, they will, at this time, have a report on the progress that's being made towards the construction of a bridge on Davis Road and also on obtaining an ease- ment so that an additional drain line can be put across what is now a piece of vacant property in the County. In regard to the drain line, the City Attorney contacted the County Attorney's 6ffice because the owner through his attorney has declined to voluntarily give the City an easement so that a drain line can be put in. The County Attorney informed him that he is an employee of the County Commission and for him to take action he would need direction from the County Commission; therefore, this Council should, at this time, pass a formal motion to direct a letter to the Chairman of the County Commission asking them to permit the County Attorney to proceed to condemn a strip of land across there. Mr. Bird moved that the Mayor be authorized to direct a letter to the Chairman of the County Commission, seconded by Mr. Young. Said motion passed unanimously. 4.c.2. Mayor Weekes stated that with regard to the Davis Road bridge and the removal of the culvert, the City Manager had conver- sation with Mr. Herb Kahlert, County Engineer, today. At 4:30 today the Mayor had conversation with Mr. Stanley Tate. Originally the cost of the box bridge was given to them as approximately $50,000. At that time he asked Mr. Tate for a commitment for one-third of the cost of that believing that the City and the County and Mr. Tate should split it equally. Since that time they have been advised that the cost may approximate $60,000 but he didn't find that out until after he had approached Mr. Tare. In any event he has Mr. Tate's firm commitment for the amount of $17,500 towards the project; if it does run $60,000, he would be amenable to being approached for an additional sum of money to make up one-third of the total cost. The City Manager reported that in his conversation with the County Engineer this afternoon, the County Engineer informed him that his office had gone as far as it can go without County Commission - authorization and direction with regard to financing and approval of the project, which is planned to be a joint 50/50 project between the County and the City of Delray Beach. With respect to replacing the culvert that is too small with a bridge that is of adequate size across the canal on Davis Road to cure the problem, the County Engineer's office is proceeding in two areas without the financing and construction approval; they're working on the obtaining of the needed right-of-way in the vicinity of the bridge to permit the proper installation of the bridge with the correct alignment as far as the street is concerned. Also, with regard to design, some preliminary steps have been taken by the County Engineer's office so that he is assured by Mr. Kahlert that it would be a matter of a short period of time, from the time of authorization by the County Commission, until they couldl be under construction because their bridge design is a standard one. The main thing that remains to be arranged is the financing and Delray Beach has already committed itself by unanimous consensus of the City Council to financing its portion of the con- struction cost and they're now awaiting the County's approval with regard to that. Mr. Kahlert indicated to him that Mr. Tate's commit- ment of $17,500, or possibly more, will make it easier to secure County Commission approval. - 2 - 7/9/79 Mayor Weekes advised the people in the audience from High Point to contact Mr. Gregory, County Commissioner. He has an office in the South County Courthouse Complex right on Congress Avenue. A gentleman from High Point stated that he was at a Council meeting two weeks ago and at that time Council specifically stated that the bridge can wait but the culvert cannot. Now it seems that the culvert has to wait until the bridge is appropriated; he asked for an explanation. Mayor Weekes replied that on studying the matter closely with the engineers and all the people involved, it seems that if the bridge can be constructed in the near future that it should not ad- versely impact those people who are living in Sudan Subdivision by giving them very poor access; it impacts their public safety, the ingress and egress of fire vehicles, police vehicles, their children going to and from school busses. If it were going to be a long term proposition, he would say let's get on with it and take the culvert out, but if it can be done readily, which he is told it can be, why not make it as palatable for all as possible. In response to a question from the audience, the City Manager stated that it would take 24 hours or less to take the culvert out. A gentleman from High Point asked the Mayor if he would set up a meeting with Mr. Gregory and let them know about it. Mayor Weekes agreed to try and do that. A resident of Sudan stated that their Homeowners Associ- ation has been in contact with Mr. Gregory for several weeks now trying to get the bridge moved forward and he called them Friday afternoon to let them know what was going on; he has the engineering report on his desk and he is favorably working towards the bridge. He knows the problem and he knows the speed with which the bridge must be put in. Mr. Bird advised the residents of High Point to attend the County Commission meeting tomorrow; public requests from the floor are heard at 2:30 P.M. They would not only be heard by Mr. Gregory but they'll be heard by at least three other members of that Commission. Mayor Weekes declared a five minute recess at 7:35 P.M. The meeting reconvened at 7:40 P.M. 5.a. Dr. James McOwen, 302 N.W. 18th Street, President of the Delray Soccer League, stated that soccer has moved forward with an explosive-like characteristic known as soccer fever. He publicly thanked the parents in the Delray area that have given of themselves both in time and money to make soccer available for the youth of this community and he thanked Dan Winters and the Parks and Recreation Department for the support they have given to soccer. Dr. McOwen gave a progress report and a growth comparison since the program's inception. They are using Block 48 for their field and this limits them to the registration of 200 children. The Delray Beach Chamber.of Commerce Recreational Committee has made Phase 2 of Miller Park its primary goal for 1979 and this agreement with the City's Parks and Recreation Department. The Delray Beach Soccer Program without Phase 2 for November of 1979 will be limited to 200 children. He showed a slide of the proposed field, Miller Park, Phase 2. They need between $10,000 and $15,000 for the field; the irri- gation system is $35,000 to $40,000; the seating would be $8,000 to $10,000 and that would take 8 to 12 weeks to be ready for playing on. They have to have these things ready by August 31st or the Delray Soccer League will not have an area to play in. Mayor Weekes thanked. Dr. McOwen for his presentation and stated that he doesn't know where they're going to find $62,000 be- tween now and August. Next to the bridge they talked about earlier which is going to cost them $20,00, he doesn't know of anything he'd rather see done than the soccer field but the City doesn't have $62,000 to put into the soccer field at this time. - 3 - 7/9/79 Mr. Scheifley noted that they spend about $300,000 for lifeguards which service people who don't live in Delray Beach. If they could figure out some way to have those people participate in the payment of those lifeguards and then transfer those funds to soccer, then they might have a solution. He'd rather spend that money for Delray Beach people than for outsiders, i Mayor Weekes stated that the backlash of Proposition 13 in California is now being felt in cities throughout the United States and Delray Beach is one of them. Things are not going to get easier in the City; they're going to get tougher. They had a tight budget last year and the new budget is going to be tougher yet than last year's. Tom Petillo, President of the Delray Beach National Little League, thanked the City for the Miller field complex. From the baseball standpoint, it's a beautiful facility and it certainly represents a step forward for the City. It represents an opportunity for his people to be able to practice. Mrs. Durante asked what is going to be done to rectify the problem of the interior wall situation at Pompey Park? The City Manager replied that he didn't know anything about it until tonight and he will look into it and let her know. 6.a.1. The City Manager reported that with regard to next year's budget, the budget calendar calls for his submission of the proposed budget to Council next Monday. They're going to be unable to do that and it's going to be the following Monday. He's prepared and pre- sented about 22 annual budgets in his time and this is the first.time that he's been unable to stick with the budget calendar that he's made as far as the presentation of the proposed budget to Council. The reason for the delay is the shortage of money. It has been customary in the past that the first time around in attempting to balance the budget, they're normally about 3/4 of a million dollars out of balance; that's to be expected because all the departments conscientiously request expenses that they feel are needed. Usually after a week or so of his estimations and moving figures around, they come into balance. This year it is different due to a combination of reasons both revenue and expenses. They found themselves some two million dollars out of balance the first time around, not 3/4 million dollars, so they've been wrestling with that two million in shortage for the last one to two weeks; that's the reason they're unable to have the budget ready for next Monday night. As of today, they are still 3/4 million dollars out of balance; they're at the point today that they normally are when they first start cutting the budget. He's gone through the budgets and has done a drastic amount of operations on practically all of the bigger budgets up to this point and it's going to be necessary to do really severe surgery to get them into balance and it's going to be the most austere budget that he's ever prepared. 6.a.2. The City Attorney stated that the Ocean Outfall Agreement is before Council this evening for ratification as a member of the South Central Regional Wastewater Treatment and Disposal Board and independent approval on behalf of the City as a party to the contract. He has talked to Mr. Vance, Mr. Federspiel and Mr. Breen today and they are all in agreement with this draft. The draft was presented to Boynton Beach last week; it was not ratified at that particular time because clearance had not been received from the Board's attorney. That has been received now and Council can proceed to approve the agreement. Mr. Scheifley moved that Council ratify the agreement as a member of the Board and to approve the agreement independently on behalf of the City of Delray Beach as a contracting party, seconded by Mr. Bird. Said motion Passed unanimously. 6.a.3. Mrs. Durante stated that they are all familiar with South Technical Educational Center and what it is all about. She has been chosen by South Tech to train one of their students in business educa- tion. Her name is Sheila Banks and she is in the audience. She is a recent graduate of Atlantic High School and is now enrolled in South Tech; she will be with her as a trainee for an extended period of time . . 4 - 7/9/79 6.b. The City Attorney reported that Council is to consider retaining counsel for Mr. Scheifley relative to the Sign Craft, Inc. vs James Scheifley case. This involves the Southern Federal sign that was placed on property between the Federal Highways in South Delray Beach. He has contacted two attorneys with reference to this case; one is Mr. Terry waterson who practices in West Palm Beach, whose fee is $60 per hour, he considers him to be an excellent lawyer, he's had 3% years experience and he was with a large firm in Palm Beach before going into his own practice; the other is Mr. Cecil Albury who also charges $60 per hour, he also practices in West Palm Beach and he has had 17 years of trial experience. He asked Mr. Scheifley for his preference and he said he would leave it to the Council to decide on. Mr. Bird moved that Council authorize the acquiring of the services of Mr. Waterson as recommended by the City Attorney, seconded by Mrs. Durante. Said motion passed unanimously. 6.c. The City Manager reported that Council is to consider the appeal relative to the Community Appearance -- Duro-Tran, Inc. (Rainbow Signs). The appeal is being taken on behalf of the appli- cant, Rainbow Signs. Shelley Greathouse, a principal in Rainbow Signs, is here to speak and the Community Appearance Board is also represented. Mrs. Greathouse stated that she won't go into detail since Council is already familiar with the case. She is concerned as to the reasons behind the decision of turning it down. Mr. Jack Gomery, Community Appearance Board, stated that at the second CAB meeting concerning this appeal, Mr. Goodrum referred to the development of the building; the building was never developed in the manner in which they were told when it was started. It was supposed to be one development and then maybe a small sign on the individual buildings; one for transmissions, one for mufflers, one for tires, etc., but a central overall operation. The building didn't develop that way. This operation is not open or available to the public; it's a wholesale type operation for dealers and service sta- tions only. Although there were only three members present at each meeting, a total of five people did vote for the sign that was approved. Mrs. Greathouse stated that originally it was represented to the Commumity Appearance Board as a wholesale operation but it is open to the public. Mr. Gomery stated that the CAB was not aware of this. Mrs. Greathouse stated that when the CAB made its decisions to turn it down, it was before they were able to get into a discussion about the business itself. When she made the statement, she was under the impression that it wasn't open to the public. Mr. Bird moved that the sign for Duro-Tran, Inc. as pre- sented originally to the Community Appearance Board be approved, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - YeS; Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mrs. Durante asked Mr. Gomery since he now knows that the operation is open to the public, would the CAB see this differently and render a different decision. Mr. Gomery replied that he cannot speak for the five members of the Board but he feels that a place that is open to the public does need more recognition than a place that's only open for wholesale; they have new facts and this might change the decision but he doesn't know for sure. Mr. Scheifley stated that last week when they discussed this at workshop, he got the impression that if a certain maximum size sign was allowable, the CAB, under certain circumstances, could reduce the size of the sign. If that is true, then the ordinance doesn't need amending as Mr. Bird said. The City Attorney stated that that is correct. - 5 - 7/9/79 Mr. Scheifley suggested that Council consider sending it back to the Community Appearance Board and request that a full member- ship be present. Mr. Young stated that he doesn't think that there should be any possible insinuation that this is a criticism of the Board; they all know that they're very hard-working people just as every other member of every board in the City is. Mrs. Durante stated that she likes Mr. Scheifley's sugges- tion and she will go along with if there is no time problem. At this point the roll was called to the motion. 6.d. The City Manager reported that as discussed at the July 2nd workshop meeting, Council is to give consideration to authorizing the execution of a contract with MICA to perforn services for the City as set forth in the contract. He presented a tentative list of things that this firm would work on with the City: (1) the exclusion of sick pay from Social Security taxes; (2) to give study to the cash manage- ment and investments in the City; (3) the City's procedures and system for water meter reading and billing; (4) the City's computer program, consideration of whether or not it would be advantageous for MICA to assist the City in setting priorities for the addition of different systems and different segments of the City's business to be scheduled for and added to the City's computer program; and (5) an assignment and maintenance program for City vehicles. After further consultation with the firm representatives and staff, this list will be subject to revision. Council approval is recommended. The City Attorney stated that the agreement should be approved with the addendum that was passed out to Council. Also there should be one additional amendment which would provide, as the MICA people indicated, that any compensation for saving would be only in the first year in which that saving occurred; it would not be for successive years in which the City also participates in saving from a particular program. If Council approves that concept, he will add the language tomorrow. Mr. Scheifley stated that if MICA wants to check into some system to save the City money, the City would have to have a veto power. The City Manager replied that they would only work on the projects that he approves. Mr. Young stated that the comment that Mr. Scheifley just made is the same one that he brought up at workshop. He is a little concerned about whether or not some action is going to be taken that the City Manager might not be aware of. This duplication of effort would not only cost the City money but it would be unnecessary. Mr. Bird moved that Council accept the MICA contract as outlined by the City Attorney, seconded by Mr. Scheifley. Said motion passed unanimously. 6.e. The City Manager reported that it is recommended that Council approve an easement deed between the City and Southern Bell Telephone Company for a five-foot utility easement along the west side of the Delray Beach Country Club at the rear of the lots on Homewood Boulevard between Highland Avenue and Atlantic Avenue with the excep- tion that it terminates at the rear of Lot 6, Golf View Estates and with the understanding that the utility easement is for underground installation and that no trees will be disturbed. A copy of the proposed easement deed has been furnished to Council. Mrs. Durante moved for approval of the easement deed for Southern Bell Telephone Company with those modifications as stated by the City Manager, seconded by Mr. Bird. Said motion passed unani- mously. 6.f. The City Manager reported that as discussed at the July 2nd workshop meeting, Council is to consider payment of $225 to help defray expenses for the Sister City Committee to attend the 1979 Sister Cities International Conference in Louisville, Kentucky, at which time the City is going to receive an award. - 6 - 7/9/79 Mr. Young moved that this be approved with funds to come from the General Fund Contingency Account, seconded by Mr. Scheifley. Said motion passed unanimously. 6.~. The City Manager reported that Council, at the July 2nd workshop meeting, considered retention of items shown on the list from the confiscated Exciton yacht, said items to be used by the Police Department. The list has been provided to Council and approval is recommended. Mr. Young moved .that those items from the Exciton yacht listed in the City Manager's memo to Council be retained by the City, seconded by Mr. Bird. Said motion passed unanimously. 6.h. The City Manager reported that as discussed at the July 2nd workshop meeting, Council is to consider authorizing the City Attorney's office to appeal the Paul S. Wymbs decision rendered by the Civil Service Board on June 27, 1979, both on the merits and because of the participation of Lt. Maginley as a member of the Civil Service Board that voted in the case. Mr. Bird moved that Council authorize the City Attorney's office to appeal the Paul S. Wymbs decision rendered by the Civil Service Board, seconded by Mr. Young. Said motion passed unanimously. 6.i. The City Manager reported that it was decided informally at the July 2nd workshop meeting to appoint Thomas Dennis as a regular member of the Civil Service Board to the unexpired term of John L. Pitts ending April 1, 1983 and Michael C. Brody as an alternate member to a four-year term ending July 1, 1983. Mr. Young moved for the appointments as outlined by the City Manager, seconded by Mr. Bird. Said motion passed unanimously. 6-J- The City Manager reported that as discussed at the July 2nd workshop meeting, Council is to consider the appointment of an alternate member to the Community Appearance Board for a one-year term. The Chairman of that Board has recommended Kenneth Rubsamen who is an architect. Mayor Weekes pointed out that the ordinance says that with the alternates, one of them should be, where possible, an architect. Mr. Bird moved for the appointment of Kenneth Rubsamen to serve as an alternate member of the Community Appearance Board for a period of one year, seconded by Mrs. Durante. Said motion passed unanimously. 6.k. The City Manager reported that as discussed at the July 2nd workshop meeting, Council is to consider authorizing execution of an agreement between the City and Arthur V. Strock & Assoicates, Inc. for engineering services with respect to the design of the Island Drive Bridge at a cost of $4,700. Approval is recommended. They do not have to go through competitive negotiation because the engineering fee is under $5,000. In response to questions from Council, the City Manager stated that the bridge will be a matter of public record and public property but as far as the design is concerned, the City would not be at liberty to give that design to someone and let them copy it. He's not sure whether or not the City can use the design. The City Attorney advised that they can provide a specific stipulation to that effect in the agreement. Mr. Young moved for approval of the agreement with the stipulation that the design will become the property of the City after the project is completed, seconded by Mrs. Durante. Said motion passed unanimously. - 7 - 7/9/79 6.1. The City Manager reported that as discussed at the July 2nd workshop meeting, Council is to consider authorizing the adver- tisement required by the City Code of Ordinances for an exchange of real property. Advertising will state that the City proposes to exchange its property located in the vicinity of the beach bathhouse for other property in the same vicinity owned by Mr. and Mrs. Martti Mantyla. The Mantylas are to pay. the City $150 to held defray the cost of relocating the sprinkler system and landscaping. The City Attorney stated that one thing that they did not discuss last time is the payment of title insurance, doc stamps, surtax and recording fees. He suggested that the fees be split equally. Mr. Scheifley moved that the Council authorize the ad- vertisement required by the City Code of Ordinances for an exchange of real property re the exchange between the City and Mr. and Mrs. Mantyla and in addition to the Mantylas paying the City $150 to help defray the cost of relocating the sprinkler system and landscaping to add the provision that each shall pay the title insurance, and doc stamps on that property that they are conveying to the other, seconded by Mrs. Durante. Said motion passed unanimously. The City Manager advised that items 7.a. and 7.b. can be considered together as the two are related. 7.a. The City Manager reported that the City has been notified by the County that the County has received a petition from Saul Ziner and Louis Moyroud for the rezoning from RS (Residential Single Family) to CG (General Commercial) in Section 4-46-43. This property is located at the northwest corner of Gulfstream Drive and Webb Avenue. This request is in violation of the City's Land Use Plan which desig- nates this area for single family development. A public hearing on this application is to be held before the Palm Beach County Planning Commission on July 12, 1979. Council may indicate what action, if any, it wishes the City to take on this application. 7.b. The City Manager reported that the City has been notified by the County that the County has received a petition from Saul Ziner and Louis Moyroud for the rezoning from RS (Residential Single Family) to RM (Residential Multiple Family) in Section 4-46-43. This property is located at the southwest corner of Gulfstream Drive and Webb Avenue. This request is in violation of the City's Land Use Plan which desig- nates this area for single family development. A public hearing on this application is to be held before the Palm Beach County Planning Commission on July 12, 1979. Council may indicate what action, if any, it wishes the City to take on this application. Mr. Scheifley moved that in regard to items 7.a. and 7.b., Council request the Administration to get in touch with the County Commission before the public hearing on July 12th to formally protest the zoning proposed by the petitioner because it is in conflict with the Delray Beach Land Use Plan, seconded by Mr. Young. Said motion passed unanimously. 7.c. The City Manager reported that a communication has been received from the Area Planning Board dated June 29th requesting A-95 Clearinghouse review, and comment relative to Community Action Council of Palm Beach County 1979 Summer Youth Recreation Program. This program will provide recreational opportunities for six weeks during the summer months for 408 economically disadvantaged youth, ages 8 - 13. Council has been provided with a copy of a letter dated July 2nd from the City Manager to the Area Planning Board 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 pro- jects or programs. Council may either concur with the City Manager's letter or state its~disapproval. Mrs. Durante moved that Council sustain the City Manager's letter, seconded by Mr. Bird. Said motion passed unanimously. - 8 - 7/9/79 7.d. The City Manager reported that a request has been received from Jack Nicklaus Pontiac, Inc. for a permit to erect a 30' x 60' canopy tent at the front of the property located at 2400 South Federal Highway for the purpose of conducting a car sale during the period from July 25th through July 30, 1979. A certificate stating that the tent has been flame retardant treated has been received and approval is recommended. Mrs. Durante moved for approval of the request, seconded by Mr. Bird. Said motion passed unanimously. 7.e. The City Manager reported that as discussed at the June 18th workshop meeting, Council is to consider acceptance of Tract E, Tall Pines Subdivision. Mr. Young moved that the City accept the land from Mr. Moldoff, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Harold Hayes, member of Tropic Isles Association and City employee, stated that he is interested in the organization the City is hiring to investigate cars for City use (item 6.d.). He noted that the City's meter readers drive Novas while in Boca they drive motor scooters. As a building inspector, he was given a car that the Police Department felt was no longer fit for duty. The Mayor stated that they are not administrators of the City but these types of savings are things they anticipate this firm might look into. At this point the roll was called to the motion. 7.f. The Mayor acknowledged receipt of the minutes of the Beautification Committee for the meeting held on June 6, 1979 and noted that there is one item in those minutes for Council action; that was that the City should order and install a snow fence at the earli- est possible opportunity. The City Manager stated that this matter will be scheduled for a workshop meeting. 8.a. The City Manager reported that Ordinance No. 45-79 rela- tive to rezoning and placing land presently zoned R-1AA (Single Family Dwelling) District and RM-15 (Multiple Family Dwelling) District in SAD (Special Activities) District, located on the southwest corner of Atlantic Avenue and Congress Avenue is before Council for consider- ation on Second and FINAL Reading. This ordinance~was passed on First Reading at the June 25th 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. 45-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY) AND RM-15 (MULTIPLE FAMILY) DIS- TRICTS, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 9.88 ACRES, LOCATED ON THE SOUTHWEST CORNER OF ATLANTIC AVENUE AND CONGRESS AVENUE BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 45-79 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. - 9 - 7/9/79 Mrs. Plume, Planning & Zoning Board member, asked if this ordinance includes the conditional use and the site plan. The City Attorney replied that it includes all the uses listed by the Planning & Zoning Board, 1 through 41; it does not specifically reference a plan. It should reference the plans that have been approved by the Planning & Zoning Board. Mayor Weekes asked if they can amend it at this point without having to go through the procedure again; the City Attorney replied that they can just incorporate plans that have been approved as part of this application. The public hearing was closed. Mr. Bird moved for the passage of Ordinance No. 45-79 relative to the rezoning request on Second and FINAL Reading with a stipulation referencing the plans, 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 Ordinance No. 46-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will grant a waiver of a portion of the plumb- ing, electrical, paving and air conditioning permit fees and other like permit fees otherwise required for the construction of the Stewart Arms project. This ordinance was passed on First Reading at the June 25th 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. 46-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A ONE TIME WAIVER TO THE DELRAY BEACH HOUSING AUTHORITY OF A PORTION OF THE PLUMBING, ELECTRICAL, PAVING AND AIR CONDITIONING PERMIT FEES AND OTHER LIKE PERMIT FEES OTHERWISE REQUIRED FOR THE CON- STRUCTION OF THE STEWART ARMS PROJECT; PROVIDING THAT THIS ORDINANCE SHALL NOT BE CODIFIED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 46-79 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. 46-79 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.c. The City Manager reported that Ordinance No. 47-79, amend- ing Chapter 27 "Water and Sanitary Sewerage" of the Code of Ordinances to provide that any recipient of water and sewer service shall pay the rates applicable unless a written agreement is entered into and to provide that all charges to users outside the corporate limits shall be set at twenty-five percent above the applicable charges for users within the City is before Council for consideration on First Reading. This was discussed at the July 2nd workshop meeting. The City Manager presented Ordinance No. 47-79: - 10 - 7/9/79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES BY REPEALING SECTIONS 27-1 AND 27-2(C) AND ENACTING A NEW SECTION 27-1 TO PROVIDE THAT ANY RECIPIENT OF WATER AND SEWER SERVICE FROM THE CITY SHALL PAY THE RATES APPLICABLE IN CHAPTER 27 UNLESS A WRITTEN AGREEMENT IS ENTERED INTO WITH THE CITY SPECIFYING OTHER TERMS AND CONDITIONS FOR SUCH SERVICE AND ENACTING A NE~ SECTION 27-2(C) TO PROVIDE THAT ALL CHARGES TO USERS OUTSIDE THE CORPORATE LIMITS SHALL BE SET AT TWENTY-FIVE PERCENT ABOVE THE APPLICABLE 'CHARGES FOR USERS WITHIN THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. In response to Mr. Scheifley, the City Attorney stated that Council would have the authority under Section 1 of the ordinance to enter into agreements that do vary the terms of the existing rates. High Point, Section 8, is going to pay the surcharge. The City Attorney stated that they could change the language to provide that they shall be charged the rates as provided by the ordinance unless an agreement is reached to the contrary, but in no event will they be charged less than what is provided in the ordinance. In any event there are cer- tain restrictions on the extent to which you can vary those rates. Mr. Bird moved for passage of Ordinance No. 47-79 on First Reading subject to the change in wording recommended by the City Attorney, 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. 48-79 rela- tive to annexing a 5,000 square foot parcel of land located in Section 21-46-43, southeast corner of Dixie Highway and Collins Avenue, sub- ject to GC (General Commercial) District is before Council for con- sideration on First Reading. This property is presently zoned in the County as CN (Neighborhood Commercial). The property abuts the Delray Mall, which is south of the property in question. Second and FINAL Reading and public hearing will be held at the meeting on August 13th. Council, at the June 25th meeting, directed the City Attorney to prepare the ordinance effecting the annexation. The City Manager presented Ordinance No. 48-79: AN ORDINANCE-OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 2, BLOCK 1, OF SILVER TERRACE, AN ADDITION TO THE CITY OF DELRAY BEACH, FLORIDA, LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AT THE SOUTHEAST CORNER OF DIXIE HIGHWAY AND COLLINS AVENUE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 11, PAGE 61, 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. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 48-79 on First Reading, 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. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on June 19th, recommended by unanimous vote that the conditional use-approval request in the GC (General Commercial) Dis- trict to allow a four unit multiple family apartment building be approved, subject to the following: - 11 - 7/9/79 1) Comments of the City Engineer as stated in his memo- randum of June 15th. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of May 24th. 3) Availability of water. 4) A time limitation of one year be set for development of the project. This was discussed at the workshop meeting on July 2nd. The City Manager noted that the memo from the Planning Department is dated June 20th and still has "comments" from the City Engineer on it; that happens to be the same date they had their con- ference so he's assuming that this is probably about the last one they're going to see that has the word "comments" on it. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board subject to all of the conditions re- quired by the City Engineer and others, seconded by Mr. Bird. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on June 19th, recommended by unanimous vote that the site and development plan for Eastview Village Square, located north of Avenue "J" between U.S. No. 1 and Florida Boulevard, 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 memorandum of March 21st. 3) Comments of the Community Appearance Board as stated in their May 23rd minutes. 4) Availability of water. 5) A time limitation of 18 months be set for develop- ment of the project. This development consists of 24 dwelling units and this was discussed at the July 2nd workshop meeting. Mr. Bird moved that Council sustain the recommendation of the Planning & Zoning Board subject to the conditions set forth by the various departments, seconded by Mr. Young. Said motion passed unani- mously. Mayor Weekes declared the meeting adjourned at 9:20 P.M. ATTEST: ~ City Clerk MAYOR - 12 - 7/9/79 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 July 9, 1979 which minutes were for- mally approved and adopted by the City Council on _~~_ ~./~.~ . City C~erk 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, addi- tions, or deletions to the minutes as set forth above. - 13 - 7/9/79