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08-13-79 AUGUST 13, 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, August 13, 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 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 July 23, 1979, seconded by Mrs. Durante. Said motion passed unanimous ly. 4. Mayor Weekes stated that last week Dr. Eschenburg gave him a booklet commemorating the 25th anniversary of the founding of Delray's Sister City, Miyazu, Japan. Dr. Eschenburg and others associated with the Friends of Morikami and the Sister City Committee are going to Louisville at the end of this week to participate in the Sister City Program. The Sister City tie with Miyazu is strong and growing thanks to the work of people like Dr. Eschenburg and others. 5.a. Mr. Willie Sharpe, 13 S.W. 14th Avenue, stated that there are three houses behind him between an alley and the alley hasn't been cleaned since 1-95 was put through. These three houses are filthy; there is garbage thrown in the alley. He hopes that the City will do something about it. On the corner of 1st Street and 13th Avenue, a man keeps three trucks parked; you can't even manage to get around the corner. He hopes the City will do something about that situation also. The City Manager stated that he spoke to Mr. Sharpe this morning. His complaints were put on a complaint request form and he was told that it would be taken care of. The Building Inspection Department reported back this afternoon stating that it had been investigated and arrangements had been made to clean it up. 6.a. There were no items submitted through the City Manager. 6.b. Mayor Weekes presented a City Service Award to Mr. John L. Pitts, III, for his service as a member of the Civil Service Board. He stated that it always gives him a lot of pleasure to award one of these tokens of appreciation to a citizen who has devoted a lot of time and energy to the betterment of the City. Mr. Pitts accepted the award and thanked Council. He recommended that Council seriously consider two-year appointments in- stead of four-year appointments to the Civil Service Board as the duration of terms on the Board. Mayor Weekes asked the City Manager to schedule Mr. Pitts' suggestion for discussion at a future workshop meeting. 6.c. The City Manager reported that Thomas J. and Patricia Woolley are the owners of Lot 341, 3rd Section, Tropic Isle Subdivision and it has been determined by the City Engineering Department that the property is in violation of the City's Seawall Ordinance. Notification has been given to Mr. Woolley to install a seawall and he has declined to do so. This item was on the agenda of the last regular City Council meeting at which time Council set a public hearing to be held at tonight's meeting. Council should, at tonight's hearing or within a reasonable time thereafter, render its decision in the form of a reso- lution either affirming, modifying or reversing the determination of the Administration that a nuisance exists on the subject property. Mr. Church, City Engineer, reported that the City passed an ordinance concerning erosion control and a public nuisance in terms of waterfront property. Their tradition was that as they received com- plaints, they would investigate the situations. To date they have received nearly twenty; they have investigated them and notified the ?28 property owners. They have received compliance with the exception of one property. By compliance, he means that the property owners, after being notified, have obtained a building permit or installed a seawall, essentially in order to relieve the erosion control problem. Their position in the Engineering Department was that they would respond to where they received a complaint. They had gotten a complaint from a property owner several properties to the east of Mr. Woolley and after that they received a complaint about Mr. Woolley's property. They investigated and found that there was erosion occuring on the adjacent property as a result of Mr. Woolley's property not having adequate erosion prevention and as a result they notified him. Mr. Thomas J. Woolley, 917 Sunset Road, Boynton Beach, stated that he owns Lot 341, Tropic Isles. The complaint was not made by the City originally; it was made by a property owner who does not own a house there, who lives in Canada and made a complaint through a lawyer in Canada. His lot does not have a seawall and he does not intend to build one. There is no seawall next door to him. The Statute they're dealing with, 15-4.1, mentions construction of a seawall if, in fact, the situation threatens or endangers the public health, safety or wel- fare, or impedes the navigability of any canal. They're talking about a dead-end canal; there are no other boats further west of him, they're not impeding any traffic or hurting the public safety or welfare. The real problem that was made a complaint was that the lawyer for the people next door mentioned that maybe some fill may be going around their seawall and going into the water. If the fellow loses any fill, he'll be glad to get it back up on his property and sand bag the sides; there's no problem about that. He doesn't think that this is a situa- tion that he needs to put up a big seawall just to please somebody who is up north in Canada who's not going to build there anyway for some time. Mr. Church responded that, basically, the Engineering De- partment is looking for Mr. Woolley to prevent erosion across his property and washing out the neighbor's property where a seawall has been constructed. His response is that instead of putting up a seawall, he'll make arrangements to have the fill replaced. That may or may not be an adequate solution. Mayor Weekes suggested that they take this under advisement and, in the meantime, they'll get an opinion from the City Attorney as to what their alternatives are and they will have an opportunity to go down and look at it. Mr. Bird moved that they table consideration of this item until a subsequent formal Council meeting, seconded by Mr. Young. Said motion passed unanimously. Mr. Nelson Lopez, 935 Hyacinth Drive, stated that he owns property near Mr. Woolley's and he is in favor of a seawall being built on Mr. Woolley's property because it would stop the erosion and the water overflow. 6.d. The City Manager reported that on July 26, 1979, the City conducted a public auction for the sale of surplus City items bringing a total of $4891.50. It is recommended that Council approve the action taken and the sale of the items. Mr. Bird moved that the surplus property auction be rati- fied, seconded by Mr. Young. Said motion passed unanimously. 6.e. The City Manager reported that Council should consider authorizing execution of an amendment to the Water and Sewer Service Agreement dated October 6, 1978, between the City of Delray Beach and D.G.C. Associates. This was discussed at the August 6, 1979, workshop meeting and Council approval is recommended. This adds 28 acres to the present development. Mrs. Durante moved for the approval of the agreement between the City of Delray Beach and D.G.C. Associates, seconded by Mr. Bird. Said motion passed unanimously. - 2 - 8/13/79 6.f. The City Manager reported that it was decided by Council at workshop on August 6th to initiate action at tonight's meeting leading to the floating of a General Obligation Bond Issue for financing acqui- sition of public facilities and equipment. The City Attorney's office was requested to research the subject and to give an opinion at tonight's meeting as to whether the City would be required to follow the Competi- tive Negotiations Act with respect to retaining an architect for a fire station to be included in the issue, inasmuch as Mr. Richard Hanna was to design two stations several years ago, while only one was designed and built because of a shortage of funds. Mayor Weekes stated that he has a letter from the City Attorney in which he states that unless the plans which were done under the original contract can be used, the City would have to go to the Competitive Negotiations Act for the new fire station. The City Manager added that the way he interprets the City Attorney's opinion is that they would.have to go the full route under the Competitive Negotiations Act. He checked the minutes from August of 1970 when Council gave authorization to retain Richard Hanna for the design of two fire stations; one in the southwest area which was de- signed and built and the other on the beach. They do not have plans that could be used without modification for that site; they would need new plans. The City Manager recommended that Council pass a motion authorizing the Administration and the City Attorney's office to take whatever steps are necessary for the initiation of a General Obligation Bond Issue, amount and details to be filled in later, and also to initi- ate whatever actions are necessary under the Competitive Negotiations Act leading to the obtaining of an architect for the design of a fire station. Mr. Scheifley m6ved that Council authorize the City Admini- stration and the City Attorney's office to take whatever steps are necessary to arrange for a General Obligation Bond Issue to finance public facilities and equipment and also to undertake the retention of an architect under the Competitive Negotiations Act, seconded by Mrs. Durante. Before roll call the following discussion was had: Mayor Weekes stated that the last time they went through the Competitive Negotiations procedure, it was made clear that in no way did this Council intend to go through the same kind of thing that they went through then. He knoWs that there are different methods for handling the final selection of an architect or engineer and he doesn't want to delay this matter but he would like for Council to give direction to the Administration as to how they wish to proceed with the selection of an architect in compliance with the Act. One way is that the Administra- tion can select three architects in order of preference and present those to Council for consideration. Last time the Council chose to hear a presentation by each one of the persons so selected and then select one of the three; the problem with that is that these are all pro- fessionals and they all have expertise in their field. It was a very embarrassing situation. Those who were on the Council at that time decided they weren't going to go through that again. Mrs. Durante stated that she would like to have the Admini- stration select three and then present those three recommendations to Council. The last time they went through this, Council kept saying that they prefer to choose an architect from Delray Beach. If that's what they are going to do, they should put that in the advertisement from the very beginning so that people from out of town won't bother to apply. The City Manager stated that Council should indicate whether preference or restricted to Delray Beach; there's a big difference. The consensus of Council was preference. In response to Mr. Young, the City Manager stated that included in his recommendation for a motion was that the amount of bond issue and the items to be included would be determined by Council at some future date. - 3 - 8/13/79 Mr. Scheifley amended his motion to include the wording as stated, seconded by Mr. Bird. Said amended motion passed unanimously. Mayor Weekes stated that he is most anxious to proceed with this because the projects that are proposed under it are much needed by the City. Mr. Scheifley asked if it could be put on the next workshop agenda. The City Manager replied that if it's possible, it will be put on the next workshop agenda. Mrs. Durante asked at what point will they decide when they're going to have the referendum. The City Manager replied that they can't discuss dates yet because they have to find out the time schedule on several of the steps before they can determine a date for the referendum. The Assistant City Attorney stated that he spoke to Mr. Breen today to get some idea of the time frame and they will need two weeks after they get the information before they prepare the resolution; then they'll need thirty days after the resolution is passed before they can have the election. Early December is feasible. 6.g. The Cit~ Manager reported that pursuant to discussion at the August 6th workshop meeting, reappointments or new appointments for the following Community Appearance Board members whose terms expire on August 25, 1979, should be considered by Council: Robert Currie, Donald Goodrum and John E. Gomery, Jr., regular members, and Mrs. Vince Canning, alternate member. All appointments are for a two-year term. Mayor Weekes stated that one suggestion that has been brought forward is that they have another landscape architect on the Board and Mr. Jerry Turner was mentioned; Mr. Turner has lived in Delray Beach for about 30 years. Mrs. Durante suggested that they go ahead and fill the regular slots on the CAB as they discussed at workshop, leave that one vacancy in the alternate slot and wait to hear from Mr. Jerry Turner as to whether Or not he would be willing to serve. Mr. Bird stated that Mrs. Durante suggested several weeks ago and he agrees with her that perhaps someone in the sign business should be added to the Board. He recommended Shelly Greathouse or Don McLaren. Mayor Weekes suggested that one alternative would be to advance Mr. Rubsamen to a regular member of the Board to take Mr. Currie's Place, to advance Mrs. Canning to a regular member of the Board and they would then have a Board composed of Simon, Canning, Armas, Goodrum and Rubsamen. Then they would need two alternates; one to fill Mr. Gomery's spot and one to fill Mrs. Canning's spot. Mr. Bird moved that Mrs..Canning and Mr. Rubsamen be ele- vated from alternate to regular members of the Board; Mrs. Canning would replace Mr. Gomery and Mr. Rubsamen would replace Mr. Currie, and that would leave two vacancies as alternate members, seconded by Mr. Scheifley Said motion passed unanimously. Mayor Weekes stated the ordinance says that one of the alternates shall be an architect if it's possible. So they need to determine whether or not there is an architect willing to serve. If not, then they will go another way with it. He will contact Mr. Turner and Mr. Bird has already contacted Ms. Greathouse and Mr. McLaren. Next Monday at workshop, they will come back with whatever input they have. Mrs. Durante stated that since the ordinance says that one of the alternates should be an architect and Mr. Currie is willing to stay on the Board until they find a replacement, perhaps he can stay on as an alternate to fill that architect slot until they find a replace- ment. - 4 - 8/13/79 Mr. Bird moved that Mr. Currie be asked to serve as an alternate member until a replacement can be found, seconded by Mrs. Durante. Said motion passed unanimously. 6.h. The City Manager reported that Council should designate, by motion, the City's voting representative for the Florida League of Cities Convention to be held in Kissimmee, October 25, 26 and 27, 1979. Mr. Scheifley moved that Mayor Weekes be designated as the official voting delegate for the Delray Beach City Council, seconded by Mrs. Durante. Said motion passed unanimously. The City Manager reported that they have not yet received the official application blank announcement in regard to the conference so today he had the portion in the Florida Municipal Record copied. He passed out copies to Council. 6.i. The City Manager reported that Dadme Development Corporation has requested City water and sewer service to serve a planned 8.8-acre shopping center at the southwest corner of the intersection of West Atlantic Avenue and Military Trail. This property is located outside the City. If approval for water service is given, it is recommended that the service not begin until such time as either the water plant is expanded and in operation or until the City receives a 3 million gallon per day increase approval from the DER and the Health Department. In response to Mr. Scheifley, the City Manager stated that, at the City Attorney's ~uggestion, it does no harm to have the annex- ation provision in as an option for Council rather than precluding Council from being able to annex should they desire to do so. Mr. Bird stated that, as he recalls, the City Attorney had some reservation about a developer, at some point in time, being able to force annexation based on having this provision in the agreement. Mr. Bird moved for approval subject to the change in the agreement to eliminate the requirement for annexation and make it simply a utilities agreement. Upon the advice of the City Manager, Mr. Bird made a sub- stitute motion. Mr. Bird moved that Council approve the standard developers agreement for the providing of water and sewer service without any reference at all to annexation and with the service to be provided when the City has the increment added or the plant expanded, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - No; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mayor Weekes stated that he feels that the City should be left that option at its discretion for the future. Mr. Scheifley stated that if they pass this motion, what is to prevent some future City Council from annexing this property. The Assistant City Attorney replied that a future Council could annex it. Mr. Scheifley stated that, in that case, he sees no problem. At this point the roll was called to the motion. 6.j. The City Manager reported that Council should consider authorizing transmittal of a letter drafted by Daniel Kotulla, Planning Director, and endorsed by the Planning & Zoning Board, to the DER as the City's response to DER's comments of June 7, 1979, concerning the City's Proposed Comprehensive Plan. Mrs. Durante moved that Council sustain the comments and the responses from the Planning Director as unanimously adopted by the Planning and Zoning Board, seconded by Mr. Bird. Said motion passed unanimously. - 5 - 8/13/79 o32 7.a. Mayor Weekes acknowledged receipt of the minutes of the Beautification Committee meeting held on July 5, 1979. 7.b. The City Manager reported that the City is in receipt of an application from James A. Moushegian for City water service to serve Lot 3, Block 3, Kingsland Pines, 4552 Barrett Street, located outside the City. There is a single family residence on this property. The appli- cant 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. This property is not eligible for annexation at this time. Mr. Scheifley moved that they sign the standard water ser- vice agreement for James A. Moushegian with the standard annexation agreement, seconded by Mrs. Durante. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 59-79 relative to establishing Public Procedures and to provide real property owners with notice of all official actions which will regulate the use of their property in regard to the City's adoption of its Comprehensive Plan, pursuant to the provisions of the Local Government Comprehensive Planning Act, is before Council for consideration. Council should consider setting a date for a workshop session on the Comprehensive Plan and Alternatives. it is recommended that it be considered at the work- shop meeting on August 20th. The City Manager presented Resolution No. 59-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, UNDER THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975" ADOPTING PURSUANT TO SAID ACT PUB- LIC PARTICIPATION PROCEDURES AND PROCEDURES TO PROVIDE REAL PROPERTY OWNERS WITH NOTICE OF ALL OFFICIAL ACTIONS WHICH WILL REGULATE THE USE OF THEIR PROPERTY. (Copy of Resolution No. 59-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 59-79 with the date August 20, 1979, inserted in Paragraph la, third line, 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 Resolution No. 60-79 relative to endorsing a program of Planned Parenthood and authorizing execution of an agreement with the State of Florida Department of Community Affairs is before Council for consideration. This was discussed at the workshop meeting of August 6, 1979. The City Manager presented Resolution No. 60-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSIST- ANCE FOR COMMUNITY SERVICES ACT; PROVIDING THAT THE CITY OF DELRAY BEACH WILL BE RESPONSIBLE FOR THE LOCAL MATCH REQUIRED UNDER PROVISIONS OF SAID ACT. (Copy of Resolution No. 60-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 60-79, 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. - 6 - 8/13/79 8.c. The City Manager recommended that this item be skipped over; they have determined today a few things that need to be done. 8.d. The City Manager reported that Resolution No. 62-79 awarding a contract for Water and Sewer Improvements is before Council for con- sideration. A new draft of this resolution was prepared today and Council should have a copy of it. The change is in the date on page 2 from September 13, 1979 to November 1, 1979. It is recommended that the resolution be adopted. Mr. Herbert Thiele, representing the City Attorney's office, stated that the changes involve making sure that the City has the money behind the contract. The bid specifications stated that the City had to execute the contract on or before September 13, 1979, as the resolution was originally drafted. The bond validation proceeding, however, is going to take them much longer than that. The date of the hearing is now set for September 28, 1979; there is a 30 day appeal time and that would take them to October 28, 1979 before they could finally close on any sale of the bonds. The people at Intercounty who submitted the bid have submitted a letter to the City through Russell & Axon saying that they would be willing to keep their bid open until November 1, 1979. That would allow sufficient time. The fiscal agent in Tallahassee as well as Mudge Rose have said that the City will be able to, after the September 28th hearing assuming all goes well, project an October 10th sale time during the appeal period. The sale would be made subject to the appeal with closing, the exchange to be done and the bonds delivered on October 30th. That would give them two days before November 1st and at that point in time they must either execute or the bidder may with- draw his bid. The City Manager presented Resolution No. 62-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR WATER AND SEWER IMPROVEMENTS. (Copy of Resolution No. 62-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 62-79, 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. 8.e. The City Manager reported that Resolution No. 63-79 relative to Leadership Cablevision being permitted to add Channel 17 to the broadcast network is before Council for consideration. This was dis- cussed at the workshop meeting of August 6th. A new draft of this resolution was prepared and Council was furnished with a copy of it. The City Manager presented Resolution No. 63-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FEDERAL COMMUNICATIONS COM- MISSION TO LIFT THE RESTRICTIONS ON THE ADDITION OF CHANNEL 17, WTCG, ATLANTA, GEORGIA, TO THE CABLE NETWORK OF LEADERSHIP CABLEVISION ASSOCIATES, LTD., OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 63-79 is on file in the official Resolution Book) Mayor Weekes stated that he brought this up and it simply adds whatever weight this resolution might have to the application by Leadership Cablevision to FCC for approval of Channel 17. It gives viewers a broader scope, particularly in the area of sports. Under the terms of the FCC agreement, they're allowed to bring in one channel and they have already done that. Therefore, they've appealed to FCC to give them permission to have'one other "optional" channel which would be Channel 17. - 7 - 8/13/79 Mr. Bird moved for adoption of Resolution No. 63-79, 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.f. The City Manager reported that Ordinance No. 48-79 relative to annexing a 5,000 square foot parcel of land located in Section 21-46-43, southeast corner of Dixie Highway and Collins Avenue, 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 July 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. 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. (Copy of Ordinance No. 48-79 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. 48-79 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. The City Manager reported that Ordinance No. 51-79 amending Chapter 7 "Beaches" of the Code of Ordinances relative to storage of boats on the Municipal beach and changing effective dates of said ordinance is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 23rd 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. 51-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 7, SECTION 7-2(9) OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE FOR NEW EFFECTIVE DATES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 51-79 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 - 8/13/79 Mr. Bird moved for adoption of Ordinance No. 51-79 on Second and FINAL 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. 8.h. The City Manager reported that Ordinance No. 52-79 amending Chapter 29 "Zoning" of the Code of Ordinances to add "Auto brokerage, including vehicle display" as a permitted use in the CC (Community Commercial) District is before Council for consideration on First Read- ing. Council, at the July 23rd meeting, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 52-79: 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 29-10(B) CC (COMMUNITY COMMERCIAL) DISTRICT TO ADD "AUTO BROKERAGE, INCLUDING VEHICLE DISPLAY" AS A PERMITTED USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for passage of Ordinance No. 52-79 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 July 24th recommended by unanimous vote that the zoning ordinance be amended to allow "Racquetball Clubs" as a condi- tional use in the RM-10 and RM-15 (Multiple Family Dwelling) Districts. It is recommended that Council direct the City Attorney to draft the ordinance amendment or refer to workshop. Mr. Bird moved that the City Attorney be instructed to prepare the ordinance to reflect that Racquetball Clubs are a condi- tional use in the RM-10 and RM-15 Districts, seconded by Mr. Young. Said motion passed unanimously. 9.b. The City Manager reported that an application has been received from Joan F. and E.T. Pastorino to annex a 27,000 square foot parcel of land, subject to R-1AA (Single Family Dwelling) District. The subject property is in Section 5-46-43 and is located on the west side of Lake Drive between N.W. 18th Street if extended west and N.W. 22nd Street if extended west. Since this request is in conformance with existing City and County zoning for this area, approval of the annex- ation is recommended. This property is presently zoned in the County as RS (Residential Single Family). It is recommended that the City Attorney be instructed to prepare the ordinance effecting the annexation. Mrs. Durante moved that the City Attorney be directed to prepare the annexation ordinance for annexing this parcel of land sub- ject to R-1AA (Single Family Dwelling) District, seconded by Mr. Scheifley. Said motion passed unanimously. Mayor Weekes left the Council Chambers at this time and Vice-Mayor Scheifley took the chair. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on July 24th recommended by unanimous vote that the replat request of a portion of Rainberry Bay - Section iA, which con- sists of eliminating one buil'ding and reducing the total number of units by four, located at the northwest corner of Lake Ida Road and Davis Road be approved, subject to the following: - 9 - 8/13/79 236 1) City Engineer's memorandum of July 20, 1979. 2) Director of Public Utilities memorandum of July 12, 1979. 3) Availability of water. Mr. Young moved that Council approve this replat subject to the conditions set forth, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Mayor Weekes returned to the Chambers at this time. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on July 24th recommended by unanimous vote that the final plat approval for Lakeside, located west of Dover Road between Linton Boulevard and Sherwood Boulevard be approved, subject to the following: 1) City Engineer's memorandum of July 13, 1979. 2) Directo~ of Public Utilities memorandum of Jul~ 9, 1979. 3) Availabilit~of water. Mrs. Durante moved that Council sustain the recommendation of the Planning and Zoning Board subject to the conditions set forth, , seconded by Mr. Scheifley. ..Said motion passed unanimously. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held on July 24th recommended by unanimous vote that the final plat approval for Rainberry Lake, Phase I (Pines of Delray North, No. 2) located on the west side of Congress Avenue, between Lake Ida Road and the L-30 Canal be approved, subject to the following: 1) City Engineer's memorandum of July 23, 1979. 2) Director of Public Utilities memorandum of July 23, 1979. 3) Availability of water. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board subject to the conditions set forth, seconded by Mr. Bird. Said motion passed unanimously. 9.f. The City Manager reported that the Planning & Zoning Board at a meeting held on July 24, 1979, recommended by unanimous vote that the site and development plan for Pelican Harbor II, located on the south side of Tropic Isle Drive, between U.S. #1 and Spanish Trail, be approved subject to the following: 1) City Engineer's memorandum of June 21, 1979. 2) Director of Public Utilities memorandum of February 15, 1979. 3) That a Unity of Title be filed tying this property to the Pelican Harbor I development which abuts the subject property on the east and south. 4) That the sidewalk requirement be waived, and that a bikepath be constructed on the north side of Pelican Way, on the south side of the entire length of Tropic Isle Boulevard, and the full length of Carey Drive. - 10 - 8/13/79 5) Availability of water. 6) A time limitation of one (1) year be set for development of the project. This was discussed at the August 6th workshop meeting. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board subject to the conditions listed in the preface to the agenda and Mr. Kotulla's memo, seconded by Mr. Bird. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:25 P.M. 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 August 13, 1979, which minutes were formally approved and adopted by the City Council on ~ o ~F ~.~ /~?~. 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. - 11 - 8/13/79 ?38