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09-24-79 SEPTEMBER 24, 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, September 24, 1979, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Reverend Frank Reiff, First Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of September 10, 1979 and the special meeting of September 6, 1979, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird moved that Council set aside the fifth Monday in March of 1980 to initiate some budget action in hopes that next year if there are extraordinary measures required to be taken in order to balance the budget, that they will have started sufficiently early in the season, seconded by Mr. Scheifley. Said motion passed unanimously. 4.b.1. Mrs. Durante stated that for about the last three weeks, most residents have not had regular trash pickup. She inquired about it and was told that there were problems with the equipment. She suggested that they have a press release on the fact that the City is running behind schedule on trash pickup. 4.c.1. Mayor Weekes presented a proclamation declaring the month of October 1979 as "Toastmasters Month". 5.a. Mr. Frank Carey, Chairman of the Planning & Zoning Board, stated that there was a Standard Oil filling station at the corner of N.E. 6th Avenue and Atlantic Avenue which has disappeared. In its place there appears to be some new construction and he has been in- formed that it's another filling station. He would like to call Council's attention to the fact that filling stations in Delray Beach are a conditional use in all zoning districts. In the ordinance re- lating to'conditional use, it says on page 108 "no change or modifi- cation shall be made to an approved conditional use unless application therefore has been made and the modifications approved". This project has never appeared before the Planning & Zoning Board for any discus- sion whatsoever and he would like to know how it got to the state it is in at the present time. Mayor Weekes asked the City Manager to look into this situation, find out what the answer is and send a memo to Council as to how that took place without a hearing before the Planning & Zoning Board. 5.b. Mr. George N. Levesque, resident of High Point, stated that they are very happy that the culvert was removed. However, there are two problems involved; one is the local drainage problem in High Point which they all believe is the responsibility of the builder. The practical thing would be to add another drainage line west of the existing one but to do that they would have to have an easement across the property which is north of them. They understood that the City was going to go ahead with condemnation proceedings to get such an easement. At this point they are in the dark as to what really is to happen. Mayor Weekes stated that the City Attorney had contact with the County Attorney's office and told them of the necessity of condemning an easement across that land and he personally communicated the same information to the Chairman of the County Commission; that was about two months ago. They assumed that it was being taken care of. However, within the last two weeks inquiry was made as to the status of it and much to the surprise of all of them, they found that absolutely nothing had been done. The City Manager had a conversation with Mr. Sansbury, County Manager, and wrote him a letter asking him to please get this thing moving as soon as possible. Subsequent to that, on the date of September 20th, the City Manager received a letter from Mr. Singer, an Assistant County Engineer, advising that it was in the process and telling them of the actions that the City of Delray Beach would need to take in furtherance of that condemnation proceeding. Mayor Weekes assured the residents of High Point that Council and the Administration are willing to do whatever has to be done to expedite this. One possibility involving this would be the possibility of the City annexing the property involved, in which case they would get the land which they need for the easement without having to go through condemnation proceedings. Another possibility is approaching it from the standpoint of an emergency situation which represents a hazard to property and health which might expedite through the courts a condemnation. The City Attorney informed him that while there is no specific law on the subject of an emergency condemnation, that when you approach the court with the imminent possibility of damage to property and persons, the court will expedite those hearings. They are prepared to take whichever course of action is the quickest. He suggests that they take that course of action on the basis of an emergency and danger to persons and property and move ahead as fast as they can in that direction, while at the same time, if the owners of that property are interested in pursuing annexation, that they pursue that course of action. Mr. Sam Portnay, representing Section 6 of High Point, inquired as to who gave High Point development the permission to build Sections 5 and 6. The City Attorney replied that there are many agencies involved in permitting a project and it is, basically, a matter of public record. Residents have access to obtain that information. Mr. Portnay further stated that he went out to see Mr. Malloy and spent three hours with him. From that conversation he learned that at no time should High Point Sections 5 and 6 have been built at the elevation they were built; they had to be at least two feet higher to be safe in any way. The answer Mr. Malloy gave him was either they raise their houses two feet or else pumps must be provided in the Lake Worth Drainage System, properly installed and they must have a separate line from Section 5 before anything can come off their lands. The residents of High Point appeal to the City to do something; this is a very vital thing. Mr. Scheifley asked Mr. Portnay if, in his discussions with various people, anything was suggested that can be done immedi- ately to alleviate that condition until it is solved in a permanent way. Mr. Portnay replied that the only thing that was said was that if they can go through immediately and divide those two pipes, they will get some relief. Mr. Malloy said that the most sensible thing is to have a pump installed in the Lake Worth area section and that pump will be adequate to take off the water. Mayor Weekes stated that Mrs. Benson, the attorney repre- senting the owners of that property, is in the audience. The only possibility of immediate relief to these people from High Point, Sections 5 and 6, is a drainage easement across her clients' property. Understanding the fact that the county, through legal recourse, can obtain such an easement, he asked her if there is any possibility of her clients willingly giving to the County an easement for that drain- age line. Mrs. Benson stated that she represents both Dr. Chua and Mr. Marlin Duvall who together own 25 acres in the area which has been referred to. She is not here tonight to talk about the drainage ease- ment; she is here because the proposed Comprehensive Land Use Plan shows this property as residential rather than RM, which they feel it is most appropriately suited for. She can't speak for her client but they have been working long and hard to get what they think is an appropriate designation on the property and if her client gets a little assistance from the City, she thinks that he will be quite cooperative. - 2 - 9/24/79 Kathleen McMahon, High Point Section 5, stated that she would like to add something that Mr. Portnay is not aware of. They have an easement going through from the north canal to the south canal; it is perforated. They are draining from one canal to another. When the water is above the pipe going into the north canal, they get it from the south but it doesn't go out the north. Their problem is that easement and that perforated easement which has the ground under it completely saturated at all times. She asked if it is possible that something can be corrected with that easement to stop that water from corning at them. Mayor Weekes declared a recess at 7:45 p.m. The meeting reconvened at 7:50 p.m. 6.a.1. The City Manager reported that this City is one of the 26 municipalities in Palm Beach County that participates with the County with respect to the Community Development Program. The time has come once again for the City to reaffirm its participation with the County for another year. It is recommended that Council pass such a motion tonight. Mrs. Durante moved that the City participate with the County for another year, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: the City Manager, in response to a question from Mrs. Durante, stated that the county sent him a map of the new target area. The target area is smaller than the original area. Copies will be sent out to Council as soon as he is able to determine what one of the boundaries is. Mrs. Durante asked the City Manager if he can get some information from them as to why the target area was reduced, how they went about reducing it and why the City was not consulted when they reduced it. The City Manager replied that the County told them that they were reducing it at the instructions of HUD. At this point the roll was called to the motion. 6.a.2. The City Manager reported that Council is to consider' final plat approval for Rainberry Bay, Section 5. The Planning and Zoning Board recommended approval by unanimous vote. Mayor Weekes left the Council Chambers at this time and Vice-Mayor Scheifley took the chair. Mr. Bird moved for approval of the final plat of Rainberry Bay, Section 5, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Scheifley asked if the drainage considerations are considered for a development before or after the final plat. The City Manager replied that they are considered before the final plat. Mr. Scheifley asked if all the drainage is satisfactory and suggested that they ask this question on all developments. The City Manager stated that he would assume that it is satisfactory because it has the endorsement of the Planning & Zoning Board which does not act until it has the input and recommendations from the departments concerned including Engineering with respect to drainage. Mr. Carey stated that before a developer gets his approvals, he must submit his plans to the Lake Worth Drainage District, the South Florida Management District, the City Engineering Department and the City Department of Public Utilities. They review the plans in light of their particular interests. The members of the Planning & Zoning Board must lean heavily in that area on the expertise of the professionals. If there's a deficiency in their review process, they as laypeople wouldn't know that. They have to rely on these people. At this point the roll was called to the motion. Mayor Weekes returned to the Chambers at this time. - 3 - 9/24/79 6.a.3 The City Attorney informed Council that this afternoon the Circuit Court entered a Writ of Prohibition enjoining the Civil Service Board from hearing the request of Officer Scadlock. 6.b. The City Manager reported that as discussed at workshop on September 17th, it is recommended that Russell & Axon be authorized to prepare an EPA grant application and supporting documents for the funding of 75% of the estimated $2,000,000 cost of Nos. 50 and 80 lift stations and force mains. The City's share of funding is to come from the new Water and Sewer revenue bond issue. Mrs. Durante moved for approval, seconded by Mr. Bird. Said motion passed unanimously. 6.c. The City Manager reported that the City requested an in- crease of $196,762 in the grant for Sanitary Sewerage Project, Part B on May 17, 1979. Notification has been received that the grant was approved. It is recommended that Council accept the grant by motion. The grant increase is needed to finance Master Lift Station Change Order No. 3, involving a new chlorine storage building, flowmeter, and monorail for the drywell. Mrs. Durante moved to accept the grant, seconded by Mr. Young. Said motion passed unanimously. 6.d. The City Manager reported that as requested by Alvin A. Doherty, Chairman, Council is to consider extending the deadline for submission of a report from the Beach Study Committee for 90 days to December 17, 1979. This was discussed at the workshop meeting on September 17th. Mrs. Durante moved that since the Beach Study Committee found that the time alotted them was not sufficient to do the job that was requested by Council, they be given a 30 day extension to report to Council, 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 - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had:/Mr. Scheifley stated that he thinks that 90 days is much too long and the problem is much too urgent. For such an efficient group, he thinks that 30 days should be ample time. Mr. Alvin Doherty, Chairman of the Beach Study Committee for the Chamber of Commerce, stated that they have a $300,000 problem in maintaining the beach. Many of them question parking meters as a reasonable answer to the problem. They would like to see a long-term solution to the $300,000 cost. They found a number of solutions that deserve investigation; that's the reason they requested 90 days. This situation has been going on for years and they don't understand the urgency. Mayor Weekes stated that he agrees with the committee's request for 90 days and he thinks it is unreasonable to ask them to come forward in 30 days while a lot of people are still away from the City. At this point the roll was called to the motion. 6.e. The City Attorney reported that it is recommended that Council instruct Charles F. Schoech, Assistant County Attorney, to represent the City and Roy Reid relative to the law suit which has been filed on the "Fair Share Contribution for Road Improvements Ordinance" by the Home Builders and Contractors Association. The County Attorney's office was directed by the Board of County Commis- sioners to defend all cities named as defendants in the law suit. Mr. Bird moved to authorize the County Attorney's office of Palm Beach County to represent the City and Roy Reid, seconded by Mr. Young. Said motion passed unanimously. - 4 - 9/24/79 6.f. The City Manager reported that it is recommended that Council approve execution of an agreement between the City and Palm Beach County relative to CETA, extending the following projects from September 30, 1979 until January 1, 1980: Project No. Name No. of slots 133 Substandard Housing Improvement 4 135 East Side Parks Development 7 The following projects would be extended from October 1, 1979 to September 30, 1980: Title II 1 Vehicle Ordinance Agent - Building Department 1 Foreman and 3 Laborers I - Parks & Recreation 1 Personnel Clerk - Personnel 1 Police Clerk - Police Department 2 Laborers I - Public Utilties 1 Night Watchman and 1 Laborer I - Public Works 1 Maintenance Mechanic and 1 Interviewer - Housing Authority Title II-D 2 Maintenance Trainees and 1 Clerical Assistant - Parks & Recreation 1 Building Custodian and 1 Clerical Assistant - Police Department 6 Maintenance Trainees - Public Utilities 1 Clerical Assistant - Building Department 5 Maintenance Trainees - Delray Beach Country Club 1 Clerical Assistant - City Manager's Office 1 Clerical Assistant - Engineering Department Copies of the contracts are in the City Manager's office if Council wishes to see them. The contracts are the same as in the past. Mr. Bird moved for approval of the execution of tg~e agree- ment between the City and Palm Beach County relative to CETA, seconded by Mr. Young. Said motion passed unanimously. 6.~. The City Manager reported that pursuant to informal work- shop decision on September 17th, Council is to give consideration to execution of quit claim deeds relative to the exchange of property with Mrs. Harris at the Delray Beach Country Club. Council should also give consideration to authorizing acceptance of those portions of property to be deeded to the City by Mrs. Harris. Mr. Bird moved to authorize the exchange of property as shown on the survey done by O'Brien, Suiter and O'Brien revised August 13, 1979, seconded by Mr. Young. Said motion passed unanimously. 6.h. The City Manager reported that as discussed at the September 17th workshop meeting, Council is to consider the appointments of Mrs. Mary Haussermann and Mr. Ron Sanson to the Beautification Committee. Mrs. Durante moved for the appointment of Mr. Ron Sanson and Mrs. Mary Haussermann to the Beautification Committee, seconded by Mr. Bird. Said motion passed unanimously. 6.i. The City Manager reported that Council should consider the reappointment of Reverend J.W. Thomas as a member of the Delray Beach Housing Authority to a four-year term ending October 27, 1983. Mike Brody notified the City on September 20th that he is able to continue service on the Delray Beach Housing Authority and would like to do so; therefore, only the Reverend Thomas' term expiration should be con- sidered by Council. Mayor Weekes appointed Reverend Thomas for a renewed term on the Delray Beach Housing Authority. - 5 - 9/24/79 Mrs. Durante moved that Council confirm the Mayor's appoint- ment of Reverend J.W. Thomas to a four-year term to the Delray Beach Housing Authority, seconded by Mr. Scheifley. Said motion passed unanimously. 6..5. The City Manager reported that it was decided informally at the September 17th workshop meeting to appoint Delma Swilley as a regular member of the Board of Adjustment to the unexpired term of Frank Noble, ending March 15, 1982 and to appoint William J. Ward as an alternate member to the unexpired term of Delma Swilley, ending March 15, 1981. Mr. William Romberger has, since that time, submitted a letter resigning from the Board of Adjustment due to his moving from the City. The Chairman of the Board of Adjustment recommended that Mr. Alexander Simon be appointed to the unexpired term of William Romberger if Council so desires and that would expire March 15, 1980. Mr. Scheifley stated that it is his understanding that Mr. Ward doesn't live in the City. The City Manager replied that Mr. Ward's principle place of business is in the City and that is all that is necessary. Mrs. Durante moved for the appointment of Delma Swilley as a regular member of the Board of Adjustment to the unexpired term of Frank Noble ending March 15, 1982 and the appointment of William J. Ward as an alternate member to the unexpired term of Delma Swilley ending March 15, 1981 and Mr. Alex Simon to the unexpired term of Mr. Romberger ending March 15, 1980, seconded by Mr. Bird. Said motion passed unanimously. 7.a. The Mayor acknowledged the minutes of the Beautification Committee for the meeting of September 5, 1979 and noted a couple of items that should be brought to Council's attention: Clare Short reported that Boca Raton has met our bike path on the highway and that there is no bike path budget for this fiscal year. Jack Gomery moved that they recommend to Council that $40,000 be put into the projected bond issue to help complete the bike paths in Delray Beach. Clare Short seconded the motion and it passed unanimously. Mr. Boerner moved that Council rename Block 48 park, Merritt Park, in honor of Buddy Merritt who was so involved with the City for years. This was seconded by Mr. Gomery and passed unanimously. Mr. Young moved that Block 48 Park be renamed Merritt Park in honor of Buddy Merritt, seconded by Mr. Scheifley. The motion and the second were withdrawn. It was the consensus of Council to bring this issue up again in two weeks. Mayor Weekes stated that in regard to the suggestion about bikepaths, he doesn't think it would be appropriate to make a formal motion at this time since they have in no way been able to finalize what is or isn't going to be in that. He suggests that they keep it in mind and when they consider finalizing those items which will appear in that referendum issue that they consider including it at that time. Mayor Weekes stated that he would appreciate a report from the Administration as to where they stand in regard to the bond issue and getting it put together so they can get on with it. The City Manager replied that he has it planned for next Monday's workshop meeting. 8.a. The City Manager reported that this item should be con- sidered after item 8.j., adoption of the budget. 8.b. The City Manager reported that Resolution No. 70-79 approving the construction to Knowles Park Boat Ramp and requesting that the Palm Beach County Board of Commissioners also approve this project as complete and reimburse the City the $5,240 funding provided by the Florida Department of Natural Resources is before Council for consideration. The work has been completed. - 6 - 9/24/79 The City Manager presented Resolution No. 70-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING OF THE CONSTRUCTION AND THE INVENTORY SUBMITTED BY THE CONTRACTOR IN REGARD TO THE KNOWLES PARK BOAT RAMP REPAIRS (FLORIDA BOATING IMPROVE- MENT PROJECT NO. 10-66-14), AND REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY APPROVE THIS PROJECT, AUTHORIZE REMIBURSEMENT TO THE CITY OF DELRAY BEACH; PROVIDING THAT A COPY OF THIS RESOLUTION BE PRO- VIDED TO PALM BEACH COUNTY AND ALL OTHER NECESSARY PUBLIC AGENCIES AND OFFICIALS; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 70-79 is on file in the official Resolution Book) Mr. Young moved for adoption of Resolution No. 70-79, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that the following quotations were received for the improvement and extension of the bridge located at No. 8 green at the Delray Beach Country Club: Bidder Quotation Campbell Construction Company $19,036.00 Delray Beach Oneman Engineering 20,118.00 Delray Beach The City administration rejected these bids and proceeded to have the project completed, acting as its own contractor. The following ex- penses were incurred: B.K. Marine Construction, Inc. $ 325.00 Powermix Industries, Inc. 3,825.00 Campbell Construction Company 6,986.56 Total $11,136.56 It is recommended that the expenses incurred in the amount of $11,136.56, at a saving to the City of $7,899.44, be paid by passage of Resolution No. 71-79 with funds to come from the Country Club portion of the 1978 Utility Tax Revenue Bond Issue. The City Manager presented Resolution No. 71-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FUNDING FOR THE IMPROVEMENT AND EXTENSION OF THE BRIDGE LOCATED AT NUMBER 8 GREEN AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 71-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 71-79, 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. - 7 - 9/24/79 282 8.d. The City Manager reported that Resolution No. 72-79 author- izing the purchase of an IBM Word Processor is before Council for consideration. The IBM OS/6 Work Processor was installed in the City Clerk's office on a lease agreement in January 1979 with an option that if the City decided to purchase the machine, 50% of the total amount paid on the lease agreement would be credited toward the pay- ment of the machine. The City will save $3,951 per year by purchasing instead of leasing the equipment. Funding on the five-year annual payment plan will come from the City Clerk's budget. The City Manager presented Resolution No. 72-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLOIRDA, AUTHORIZING THE PURCHASE OF AN IBM OS/6 WORD PROCESSOR. (Copy of Resolution No. 72-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 72-79, 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. 73-79 approving the Areawide Housing Opportunity Plan for Palm Beach County is before Council for consideration. The AHOP provides an opportunity for local governments to help alleviate areawide housing problems through joint cooperation and participation, to coordinate existing local community development programs and make the County eligible to receive an increase of $20 million in Community Development Block Grant funds if 50% of the County's local governments support this plan. The City Manager presented Resolution No. 73-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE AREAWIDE HOUSING OPPOR- TUNITY PLAN FOR PALM BEACH COUNTY. (Copy of Resolution No. 73-79 is on file in the official Resolution Book) The City Attorney advised Council that they may want to defer taking action on the approval of this plan. Apparently the City's eligible area for Community Development funds has been re- stricted somewhat less than it was before and it may very well be that that restriction is in the Areawide Housing Opportunity Plan. It might be a good idea to have the City's planning consultant check that plan to find out what specifically the City's eligible area is under that plan because once it's approved, the plan will control the distri- bution of funds into the Community Development program for Palm Beach County. The City Manager added that according to information that they were given the restricted area will not effect this. The County operates this program rather than the cities and the funds can be used for areas outside the target areas. The City Attorney suggested that before they endorse this, that they have the planning consultant look at it to see whether or not it is consistent with some of the other things the City wants to do. Mr. Leal, planning consultant, stated that the Planning Director just brought to his attention the fact that the essence of what's contained in that plan was reviewed by them. They did check it against the plan and the local objectives and there was no area of conflict. - 8 - 9/24/79 Mr. Bird moved for the adoption of Resolution No. 73-79, 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, Mr. Bird stated that when they hosted the League of Cities here a few weeks ago, there was an AHOP present- ation made. They stressed the urgency of time and also stressed the fact that there would be no expenditure of funds without coordination with the cities housing group. At this point the roll was called to the motion. 8.f. The City Manager reported that the following quotations have been received for chlorine for fiscal year 1979-80: Bidder 1-Ton Cyl 150-Lb Cyl HTH Lb Allied Chlorine & Chem. Co. $227.75 $ 32.50 $ .7288 Miami Delray Chemical Company 230.00 34.50 . 95 Delray Beach Jones Chemicals, Inc. 230.00 34.50 . 93 Ft. Lauderdale Thompson-Hayward Chem. Co. 230.00 34.50 .7425 Tampa It is recommended that the contract be awarded to the low bidder, Allied Chlorine & Chemical Company in the amount of $227.75 for 1-ton cylinder; $32.50 for 150-lb cylinder; and $ .7288 per pound for HTH, by passage of Resolution No. 74-79 with funding to come from budgeted funds. The City Manager presented Resolution No. 74-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CONTRACT FOR CHLORINE FOR FISCAL YEAR 1979-1980. (Copy of Resolution No. 74-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 74-79, 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.g. The City Manager reported that requests for bids to con- struct sidewalks in Section One (S.W. 13th Avenue from S.W. 3rd Street north to alley at Atlantic Avenue); Section Three (S.W. 2nd Street from S.W. llth Avenue west to S.W. 14th Avenue); and Section Four (N.W. 3rd Avenue from N.W. 12th Avenue west to N.W. 13th Avenue) were submitted, but only one bid was received: Bidder Quotation Campbell Construction Company $25,237.00 Delray Beach The original bid received from Campbell Construction Company in the amount of $46,563 exceeded the funding allocation. A reevaluation of the project was undertaken and a revised proposal was submitted by Campbell Construction Company in the amount of $25,237. It is recommended that the contract be awarded to Campbell Construction Company in the amount of $25,237 by passage of Resolution No. 75-79, with money to come from Palm Beach County Capital Improvements Community Development Program. - 9 - 9/24/79 The City Manager presented Resolution No. 75-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO CONSTRUCT SIDEWALKS IN SECTION ONE (S.W. 13TH AVENUE FROM S.W. 3RD STREET NORTH TO ALLEY AT ATLANTIC AVENUE); SEC- TION THREE (S.W. 2ND STREET FROM S.W. llTH AVENUE WEST TO S.W. 14TH AVENUE); AND SECTION FOUR (N.W. 3RD AVENUE FROM N.W. 12TH AVENUE WEST TO N.W. 13TH AVENUE) IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 75-79 is on file in the official Resolution Book) Mrs. Durante moved for the passage of Resolution No. 75-79, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.h. The City Manager reported that the following quotations were received for the purchase of tee marker yardage signs at the Delray Beach Country Club: Bidder Quotation MacLaren Sign Company $ 864.00 Delray Beach Southwood Company 4,950.00 Charlotte, N.C. It is recommended that the contract be awarded to the low bidder, MacLaren Sign Company in the amount of $864.00 by passage of Resolu- tion No. 75-79 with funds to come from the 1978 Utility Tax Revenue Bond Issue. The City Manager presented Resolution No. 76-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR TEE MARKER YARDAGE SIGNS AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 76-79 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 76-79 awarding the contract to MacLaren Signs, 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. Before roll call, the City Manager stated that he and Mr. Fonseca, Golf Pro, looked at a number of different kinds of signs with a big variation in cost. They finally decided to go with the most in- expensive one that they could find but one which he thinks will be attractive. The City Manager presented one of the signs and stated that there will be one of these signs at each tee. At this point the roll was called to the motion. 8.i. The City Manager reported that Ordinance No. 54-79 rela- ~ve to annexing a parcel of land located on the west side of Lake Drive between N.W. 18th Street, if extended west and N.W. 22nd Steet, if extended west, subject to R-1AA (Single Family Dwelling) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 27th 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. - 10 - 9/24/79 The City Manager presented Ordinance No. 54-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 4, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 25, PAGE 26, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. THE SUBJECT PROPERTY IS IN SECTION 5, TOWN- SHIP 46 SOUTH, RANGE 43 EAST, 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; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 54-79 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. 54-79 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. ~59-79 adopt- lng the 1979-80 municipal budget is before Council for consideration on Second and FINAL Reading following the holding of a public hearing on the budget and the holding of a public hearing of allocation of federal revenue sharing funds. This ordinance was passed on First Reading at the September 10th 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 in order that any interested parties may be heard. The City Manager presented Ordinance No. 59-79: AN ORDINANCE MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE lST DAY OF OCTOBER, 1979, TO THE 30TH DAY OF SEPTEMBER, 1980; TO PRESCRIBE THE TE~4S, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCES, AND ALL RESOLUTIONS AND ORDINANCES IN- CONSISTENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Ordinance No. 59-79 is on file in the official Ordinance Book) A public hearing was held on allocation of federal revenue sharing funds. Kay Larch, member of the League of Women Voters of South Palm Beach County, stated that she lives on Palm Ridge Road in the reserve area of Delray. They want to know why the City designated the totality of the revenue sharing funds for salaries, specifically police salaries. Their concern is that next year there will be less money coming in and they wondered why the City committed the totality to salaries and how the City forsaw making up this decrease if, in fact, revenue sharing funds are cut back. - 11 - 9/24/79 The City Manager replied that it is just a bookkeeping transaction as to what you put on a printed page that the money is for. There were about three decisions that they had to make with regard to this. This is $300,000 plus that was used for budget balancing purposes of the general fund. They had their choice of doing it this way or increasing the millage rate by about 2/3 mill. No one knows what next year will bring and no matter what they do in this year's budget, it doesn't matter what the federal revenue shari-ng allocation will be called next year if, in fact, they do have it next year. Each year is a new year as far as budget balancing is concerned and it was necessary to do it this way this year in order to balance the budget within the Strict confines of the City's financial limit- ations. Mr. Scheifley added that if federal revenue sharing funds are cut back next year, he thinks that the only alternative would be to raise property taxes. The public hearing was closed. A public hearing was held on the 1979-80 municipal budget. Ms. Larch stated that she thinks that about $309,000 was budgeted in the Contingency Fund last year and in June or July of this year there Was only about $3,000 in the Contingency Fund. She asked if that is correct. The City Manager stated that the Contingency Fund is made up of two amounts, one is a true contingent fund that normally ranges from $50,000 to $75,000 a year and the other amount, normally about $200,000 plus, is the amount that is put into the budget for so-called cost of living increases and other salary increases to employees during the year. As a matter of convenience it is put in the one spot and then it is transferred out of that fund as needed to meet the salary obligations. That is the reason that late in the year you see that fund dissipated as Ms. Larch mentioned. Mr. Scheifley suggested that some consideration be given next year to changing the terminology of that to call it what it is. The City Manager replied that it is clearly labeled on page 106 of the budget. Ms. Larch suggested that the sale of City property be put into an earmarked status for a specific purpose such as parks, side- walks, bikepaths etc., rather than in the General Contingency fund. Mayor Weekes replied that he recently made the same.sugges- tion and he agrees with her that it is a good suggestion. Confiscated property, such as boats, are not committed but they are giving consider- ation to selling certain parcels of City property and he has suggested to the Administration and to Council that if that happens that those funds be specifically set aside and specifically held for acquisition of park property. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 59-79 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.a. The City Manager reported that it is recommended that Resolution No. 69-79 establishing the City's millage rates for the 1979-80 fiscal year be adopted. The resolution is in conformance with prior discussions and actions with respect to the establishment of the City's 1979-80 budget. - 12 - 9/24/79 _9 8-x The City Manager presented Resolution No. 69-79: A RESOLUTION TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERA- TION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 69-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 69-79, 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, Mayor Weekes, for the benefit of the press and the public, announced that the millage levy is 6.8670 mills; that is the operating millage. Section 2 of the resolution is the millage necessary to fund the City's bonded indebtedness and that figure is 1.1282 mills. At this point the roll was called to the motion. 8.k. The City Manager reported that Ordinance No. 60-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 14A "Garbage and Trash" of the Code of Ordinances to increase the monthly service charge for garbage pickup for residential units. This ordinance was passed on First Reading at the September 10th 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. 60-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SECTION 14A-8(A)(1)(a) TO INCREASE THE MONTHLY SERVICE CHARGE FOR RESIDENTIAL DWELLING UNITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 60-79 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. In response to Mr. Portnay, Mayor Weekes stated that they are aware of the situation in High Point and will not overlook it. The residents there will not have an option of whether or not to have the City pick up their garbage and trash; they will have City pickup. The option that they will be discussing is whether or not the resi- dents at High Point may continue to place it in the front of their residences for a lower figure than what will be charged for backdoor pickup. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 60-79 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. - 13 - 9/24/79 ?88 8.1. The City Manager reported that Ordinance No. 62-79 rela- tive to rezoning and placing land zoned R-iAAA (Single Family Dwelling) District and PRD-7 (Planned Residential) District in PRD-4 (Planned Residential) District, located on the northeast corner of Lake Ida Road and Davis Road is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 10th 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. 62-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AAA (SINGLE FAMILY DWELLING) DISTRICT AND PRD-7 (PLANNED RESIDENTIAL) DISTRICT IN.PRD-4 (PLANNED RESIDEN- TIAL) DISTRICT, A PARCEL OF LAND IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE NORTHEAST CORNER OF LAKE IDA ROAD AND DAVIS ROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 62-79 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. 62-79 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.m. The City Manager reported that Ordinance No. 63-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 17A "Parks and Recreation" of the Code of Ordinances relative to increasing tennis rates. This ordinance was passed on First Reading at the September 10th 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. 63-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17A OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY INCREASING THE ANNUAL MEMBERSHIP AND MONTHLY DUES APPLICABLE AT THE CITY'S TENNIS CENTER, LOCATED NEAR THE N.W. CORNER OF THE INTERSECTION OF ATLANTIC AVENUE AND N.W. 1ST AVENUE, FOR RESIDENTS AND NON-RESIDENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 63-79 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. 63-79 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. - 14 - 9~24/79 ,! 8.n. The City Manager reported that Ordinance No. 64-79, adopt- ing the provisions of Resolution No. 60-76 relative to rates for dockage at the City Marina is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 10th 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. 64-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE PROVISIONS OF RESOLUTION NO. 60-76 REGARDING DOCKAGE AT THE CITY MARINA, EXCEPT AMEND, ING SAID PROVISIONS BY INCREASING THE PER FOOT PER DAY CHARGE FOR DOCKAGE USAGE UNDER THE MONTHLY CONTRACT AND CONTRACTS OF FOUR (4) MONTHS DURATION OR MORE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 64-79 is on file in the official Ordinance Book) The City Manager asked the City Attorney why they are passing an ordinance adopting provisions of a resolution. The City Attorney replied that there are provisions in the resolution that pertain to the rules and regulations of the Marina and they've had some problems this last year in terms of enforcement. It will help the Finance Department in enforcement if those rules and regulations have the force and authority of an ordinance rather than a resolution. 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. 64-79 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.o. The City Attorney reported that City Council is to hold its second public hearing concerning the adoption of the Future Land Use Element of the Comprehensive Plan at this time. The reason that the Future Land Use Element of the portion of the Comprehensive Plan is separated for public hearing purposes is because it is required by State Statute. The Land Use Plan that is a portion of the Future Land Use Element that's being adopted is the plan that is being exhibited by the Planning Department as compared to the document that is in- cluded in the book printed by Candeub, Fleissig and Associates. Mr. Dan Kotulla, Planning Director, stated that there are a number of rezonings that City Council has passed in the last year since Candeub, Fleissig and Associates prepared that map. As the land use map stands now, it is current and reflects all rezonings that City Council has done within the last year. In addition there were a few thoroughfare changes that were done since the first public hearing as requested by the City Engineer. The City Attorney added that there also was a change in reference to the property adjacent to'the Country Club which resulted from the last meeting. Mr. Kotulla pointed out that change on the map. The City Attorney added that there is a rezoning (9.c.) on the agenda tonight which, if approved, would be inconsistent with the plan. If Council is so inclined, it might be a good idea to take that up to determine whether or not Council wants to designate that land in accordance with the zoning request or whether or not Council wants to follow the recommendation of the Planning & Zoning Board which was to deny the request. It would be appropriate to hold the public hearing on the Future Land Use Element first and take any comments from the public, then close the public hearing and before the adoption of the Future Land Use Element, go into the question of that particular re- zoning. - 15 - 9/24/79 A public hearing was held on the Future Land Use Element of the Comprehensive Plan. Mrs. Sally Benson, stated that she is representing Dr. Jonathan Chua and Mr. Marlin Duvall who are owners of property that is east of Barwick Road and just south of the L-32 Canal. She pointed out the property on the map. It is a 25-acre parcel of land. She has come tonight to object to the designation on the Land Use Plan. The primary reason that she feels the City should change this designation from RS to RM-6 is the surrounding uses. Directly to the north there is a canal, the L-32 Canal; to the east is an RM-10 area; to the south there is a large parcel which is also RM-10; Barwick Road is directly to the west of the property and across from that there is an area designated RM-6; to the northwest of their property there is also an RM-10 area. They are surrounded on three sides by property that at the minimum has been developed already at RM-6 and to the north they have a canal. The most appropriate development use of this property would be an RM-10 or an RM-6. They're only asking for an RM-6 al- though she thinks an RM-10 would be equally appropriate. It is going to be very difficult to place residential hOmes on this property because there is high density surrounding the property and, secondly, it is a rather narrow piece of property. They will be filing an annexation petition within the next several days on this property and they are asking the City at that time to make it RM-6; however, they feel that they don't want to be a part of the City if they have to come in as residential. Mr. Frank Carey, Chairman, Planning & Zoning Board, stated that they have seen Mrs. Benson at their meetings. There was a pre- sentation of a preliminary site plan for the land she is referring to and it was presented by Mr. Tate as an extension of High Point, Sec- tions 5 and 6. They didn't look kindly on it and Mr. Tate was told that. Almost at the same time was the request by the owners of the property, who Mrs. Benson represents, for a change in the zoning of the area in question. When they adopted this plan, they spent many months studying every corner of Delray Beach and its reserve area. They got a 33% return on a survey mailed out to 11,000 people in this community and basically the message that came to them was that resi- dents do not want this community to become a multi-family community; there is a sufficient amount of acreage zoned multi-family. Based on the dictates of the survey results, they, as a Board, did their best to try to reduce the potential saturation density for Delray Beach within the land use area. They've had many appeals besides Mrs. Benson's but they have got to stop somewhere. Mr. Serafin Leal, Planning Consultant, pointed out that one of the reasons that some of those areas remained at multi-family designations although they were not actually built up was the so-called vested rights in the sense that the developers had already obtained certain zoning, certain permits and certain site plan approvals. Due to the fact that vested rights had already been established for some of those areas, the multi-family zoning was allowed. What they were trying to do in that area was to save what was left. It was the basic objective of the plan to try to preserve and enhance the single family character of the community while at the same time allow for enough multi-family areas so that there is a choice of housing in the com- munity and they believe that those objectives are satisfied within the context of the plan as it now stands. Mrs. Alice Finst, 707 Place Tavant, Chatelaine, stated that the Homeowners League of Chatelaine Board of Directors is opposed to the rezoning. They feel that the City has spent a great deal of time and effort in downgrading the density in that area and that there is enough multi-family in the area. This would be one more parcel of land that would balance off the several different kinds of zoning in the area. They are definitely opposed to anything but the lower density. - 16 - 9/24/79 Mrs. Benson stated that she does not represent Mr. Tate and never has. She is asking Council to consider this property as an individual piece of property; it is not part of High Point. She agrees that they need a good balance for the well-being of the com- munity; residential, multi-family and so forth. Th~ plan doesn't seem to be at all heavy with multi-family and to purchase a single family home is becoming more difficult all the time. There is a large demand for multi-family type housing and she feels that to give her clients a 25-acre parcel of multi-family is not going to hurt the well-being of this community. The only appropriate zoning for this property is multi-family. Mr. Frank Svitak, 3325 Lowson Boulevard, stated that he lives in the southeast area of the City. In talking to some of the business people in the area, he found that they will not go along with the downgrading in the zoning there. The City is taking a commercially zoned area and putting it into residential multiple family. Mr. J. L. Patterson, stated that he owns a piece of property bordering 1-95 between S.W. 5th Street and S.W. 6th Street. It was zoned Light Industrial. 1-95 cut the piece of property in half at the time they went through leaving him with a strip of approximately 635 feet with a depth of about 48 feet on the north end and approximately 141 feet deep on the south side. The only thing he could have used that parcel for, after 1-95 cut it up, was possibly mini-warehouses or something of that nature. It is now zoned R-lA and he doesn't under- stand how the City can expect him to build a single home on a piece of property that is 48 feet deep. Mayor Weekes informed Mr. Patterson that there has not been any change in zoning on that property in the land use plan; it's the same as it has been. It's been single family since about 1972. Mr. David Lynn, stated that he is an attorney with Hamilton, James, Merkle and Young with offices in Delray Beach and West Palm Beach and he represents a corporation called Jerry's Place, Inc. and the owners of that corporation have a long term lease with an option to purchase a piece of property on the southwest corner of LaMat and U.S.#i. That is exactly where the zoning changes from commercial to multi-family. This property is presently in the County but because they operate a restaurant business there, they're under the Health Department regulations and they are requiring them to tie into the Delray Beach City water system and the application for that tie-in contains a consent for annexation. For that reason, he thinks that it is very important for them to address the issue tonight with respect to the Master Land Use Plan. He thinks that it is inappropriate to try to require someone to build multi-family residential units right next door to U.S.91. Mr. Carey stated that they have the aerials of that area in the Planning Department office and if you look at the aerials what you do find is the fact that the area is predominantly vacant, has single family, some multi-family and a sprinkling of commercial uses. Again, they felt that if you take the overall acreage designated special commercial and general commercial in this community, the total acreage exceeds the normal guidelines for a community of this size for acreage for commercial purposes. They felt that that land led itself to multi-family development; there's a need for multi-family within that range within that area. Mr. Leal noted that a statement has been made that multi- family is not a use that should abut a highway or major thoroughfare; that is definitely not the case. There are many examples within the community and north or south on U.S.#1 where there have been multi- family, low, medium and high density multi-family, that have been periodically designed and placed abutting the highway. It is a logi- cal, desirable use next to a highway the same way as commercial would also be. Mrs. Finst stated that she is opposed to the designating of Lake Ida Road as a collector road. They all have heard the argu- ment that when you have a highway or thoroughfare, you have lots of noise and commotion. The character is not in keeping with a resi- dential area. A highway is more condusive to a commercial area. - 17 - 9/24/79 Mrs. Benson stated that there is one thing that she forgot to point out when she gave her presentation. They are in the County right now although they want to annex into the City; if they took their residential zoning as they are now and went in under a PUD, they could put 5 units an acre on their property. Since they could develop it now at 5 units an acre, she doesn't think that 6 units per acre is too much to ask. The public hearing was closed. Mayor Weekes stated that the last item that they will con- sider before beginning deliberations is agenda item 9.c., a report from the Planning & Zoning Board relative to a rezoning request: 9.c. The Planning & Zoning Board at a meeting held on September 18th, considered rezoning a 11,695 square foot parcel of land from R-1AA (Single Family Dwelling) District to RM-6 (Multiple Family Dwelling) District. This land is located in Section 21-46-43 at the northwest corner of Del-Haven Drive and A-1-A. After discussion, a motion passed by a 5 to 2 vote (Pompey and Stebbins dissenting), recommending that the rezoning request be denied for the following reasons: 1) The change is contrary to the adopted Land Use Plan which designates this area for single family develop- ment, and as such, the change would have an adverse effect on the Plan by allowing multiple family to encroach into the single family area. 2) The rezoning would cause a domino effect because each adjoining single family lot would then request a change to multiple family. 3) There are no substantial reasons why the property cannot be used in accordance with the existing zoning. 4) There has been no substantial change in conditions in the area to make this rezoning necessary. Mayor Weekes stated that one of the reasons given by the Planning & Zoning Board for denying the request was that it was not in conformance with the land use plan. If the Council determines to deny the recommendation of the Planning & Zoning Board and grant the request, then it's appropriate that they treat it now so that the land use plan can be amended to reflect that change. Mr. Bird stated that he has seen the property in question on Del-Haven Drive and for two blocks in either direction there is no single family on A-1-A. In fact, there is very little that isn't highrise. Mr. Bird moved that they direct the Planning Director to change the land use designation on the proposed land use plan map to be consistent with the applicant's zoning request as reflected in item 9.c. of the agenda, 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: In response to questions from Council, Mr. Bird stated that his motion would have the effect of not accepting the Planning & Zoning Board's recommendation just for that 11,695 square foot parcel, not for the whole block. Mr. Carey stated that the Board has anguished over this property for a long time. They've protected the single family homes on the opposite side of the canal by holding the single family desig- nation on the north side of Del-Haven Drive. This is the easternmost lot of those lots. If Council goes against the Board's recommendation, he suggests that they make it public record that the owner of the lot to the west of this one doesn't come in and request rezoning. Mayor Weekes assured Mr. Carey that that won't happen. - 18 - 9/24/79 At this point the roll was called to the motion. Mayor Weekes reported that they will take the items in reverse order. The next item they will consider is the one brought up by Attorney David Lynn regarding Jerry's Place. This. property is on South Federal Highway at LaMat being the southwest corner of LaMat. Mr. Scheifley stated that in this argument of a multi- family on a highway, how do they reconcile with the fact that they have all this multiple family along the railroad which is built up and sells quickly and which is much noisier than Federal Highway. As Mr. Carey stated earlier, you can do anything with any piece of property and make it attractive. He can't see where multiple family along the Federal Highway is not condusive. It was the consensus of Council to leave the Land Use Plan as is in this area. Mayor Weekes announced that the next item for discussion is in the similar area which Mr. Svitak brought up, an area in which they are presently in litigation. That is the Dixie Highway area, generally speaking, from LaMat South along Dixie Highway. No action was taken on this item. Mayor Weekes announced that the next item for discussion is the Duvall/Chua tract of 25 acres which Mrs. Benson spoke on. Council should recognize that Mrs. Benson has indicated that her client is~going to seek annexation into the City at multi-family zoning. Council really needs to determine now whether or not they are going to be willing to grant that zoning. They could change the land use plan on a 25 acre parcel without a great deal of difficulty. Mr. Scheifley stated that if they don't change the zoning on this parcel and they apply for PUD through the County, would the City be required to give them water and sewer. The City Attorney re- plied that the City could deny it only if there was a legitimate reason for denial; they could not deny it strictly limited to the basis that the density was inappropriate. The City Attorney further stated that the Comprehensive Plan operates within the current corporate limits of the City. At such time as the Council wants to review an annexation request and decides to annex a piece of property, it will be amending the Com- prehensive Plan to add that particular property to the plan and apply a zoning classification within the limitation of the Annexation Statute that provides that a piece of property will remain as shown on the County's land use plan and zoning regulations for a period of two years after annexation unless a change is approved by the County. In response to Mrs. Durante, Mayor Weekes stated that the County's zoning on that property is now RS, single family. Mr. Bird moved that Council direct the Planning Director to modify the Land Use Plan map of the Future Land Use Element to reflect multiple family zoning consistent with RM-6 for this area, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - No; Mr. Scheifley - No; Mr. Young - Yes; Mayor ~eekes - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mrs. Durante stated that she doesn't like for anybody to think that they can put the City in this position and she thinks that the County would see it the same way when it got to the County Commission. Mayor Weekes stated that he is going to support the motion because this parcel is surrounded on three sides by multiple family already built up and in use and it looks like spot zoning. Mr. Scheifley stated that he is going to vote against the motion because he has a great deal of faith in the Planning & Zoning Board. As ~4r. Carey stated, you have got to look at the overall pic- ture. - 19 - 9/24/79 At this point the roll was called to the motion. The City Attorney reported that the next step would be for Council to make a motion to adopt the Future Land Use Element of the Comprehensive Plan with the amendments that have been previously approved by Council. Mayor Weekes stated that they should consider collector' road status of Lake Ida Road which was brought up by Mrs. Finst before proceeding. Mr. Bird asked Mrs. Finst what other reasonably available east/west thoroughfare is there if they do not widen and utilize Lake Ida Road as the east/west collector road. Mrs. Finst suggested Lowson Boulevard. Mr. Bird replied that he is really referring to the north side of the City. South of Atlantic Avenue, there are several. Mr. Carey stated that the Year 2000 Plan designates Lake Ida Road as a four lane collector road. The vehicular count capacity for that road at four lanes is 20,000 vehicles a day. The projected daily volume for Lake Ida Road in the year 2000 is 35,600 on four lanes. You can't take one road out of context; you have got to look at the whole road plan. Mr. Wallin, Planning & Zoning Board member, added that he was on the Traffic Committee from 1970 to 1972 and at that time this road was designated as a collector road. This is how far back it goes. No action was taken on this item. Mr. Bird moved to adopt the Future Land Use Element of the Comprehensive Plan with the amendments that have been previously approved by Council, 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.p. The City Manager reported that Ordinance No. 65-79 adopt- ing a Comprehensive Plan pursuant to the provisions of the "Local Government Comprehensive Planning Act of 1975" is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 10th 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. 65-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975"; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 65-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. The City Attorney pointed out that in Section 2 of this ordinance there was a revision to reflect a new date: that the plan prepared by Candeub, Fleissig and Associates as revised by the City of Delray Beach Planning Department with today's date. That is to re- flect all of the amendments that have been made in the land use plan map and to reflect other amendments that have been made by the Planning Department. So Council will be adopting the Comprehensive Plan as originally prepared by Candeub, Fleissig and Associates but with additions, deletions and amendments that may have been made by the Planning Deparment up through today's date. Also included in this adoption is the land use map and the future land use element. Also the language that in reference in the Comprehensive Plan whether in the text or the maps, the area outside the City limits is considered to be advisory only. - 20 - 9/24/79 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 to adopt Ordinance No. 65-79 on Second and FINAL Reading as amended by City Council reflecting the amendments that have been made on Land Use Plan map, 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.q. The City Manager reported that Ordinance No. 66-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to allowing alternate parking spaces on RM-10 or RM-15 (Multiple Family Dwelling) District zoned land when adjacent to land zoned CBD (Central Business) District. This ordinance was passed on First Reading at the September 10th 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. 66-79: 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 29-18(B)(2)(a)(2) OFF-STREET PARKING REGULATIONS RELATIVE TO ALLOWING ALTERNATE PARKING SPACES ON RM-10 OR RM-15 ZONED LAND, WHEN ADJACENT TO LAND ZONED CBD (CENTRAL BUSINESS DISTRICT); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 66-79 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. 66-79 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.r. The City Manager reported that Ordinance No. 67-79, amend- ing Ordinance No. 69-77 relative to increasing cemetery fees and service charges is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 10th 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. 67-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 69-77 PERTAINING TO FEES AND SERVICE CHARGES FOR THE CITY'S CEMETERY BY INCREASING THE FEES FOR INTERMENT, DISINTERMENT AND THE SURCHARGES FOR WORK PERFORMED ON SATURDAYS OR HOLIDAYS; AND RATIFYING THE OTHER RULES AND REGULATIONS GOVERNING THE DELRAY BEACH CEMETERY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 67-79 is on file in the official Ordinance Book) - 21 - 9/24/79 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. Scheifley moved for the passage of Ordinance No. 67-79 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.s. The City Manager reported that Ordinance No. 68-79 amending Chapter 29 "Zoning" of the Code of Ordinances by deleting "excluding drive-in facilities" from financial institutions is before Council for consideration on First Reading. Council directed the City Attorney to prepare the ordinance at the September 10th meeting. The City Manager presented Ordinance No. 68-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 29-10(B)(28) CC (COMMUNITY COMmeRCIAL) DISTRICT BY DELETING "EXCLUDING DRIVE-IN FACILITIES" FROM FINANCIAL INSTITUTIONS; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 68-79 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.t. The City Manager reported that Ordinance No. 69-79, amend- ing Chapter 29 "Zoning" of the Code of Ordinances by adding "Automotive grooming, including washing, waxing and interior cleaning. All other automotive services are prohibited" as a conditional use is before Council for consideration on First Reading. Council, at the September 10th meeting, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 69-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 29-11(C) GC (GENERAL COMMERCIAL) DISTRICT BY ADDING "AUTOMOTIVE GROOMING, IN- CLUDING WASHING, WAXING, AND INTERIOR CLEANING. ALL OTHER AUTOMOTIVE SERVICES ARE PROHIBITED" AS A CONDITIONAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 69-79 on First 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.u. The City Manager reported that Ordinance No. 70-79, amending Chapter 13A "Employer-Employee Relations" of the Code of Ordinances relative to PERC is before Council for consideration on First Reading. The State PERC ordered the City to amend its local option ordinance to make it substantially equivalent to Chapter 447 as amended by the general laws enacted by the 1979 session of the Florida Legislature. - 22 - 9/24/79 The City Attorney reported that this ordinance is necessi- tated by an order that was entered by the State Public Employee Rela- tions Commission mandating that all cities which are holders of local options with local option commissions make the amendments that had been reflected in the State Statutes for the State Public Employees Commission. The City Manager presented Ordinance No. 70-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 166 OF THE FLORIDA STATUTES, AND CHAPTER 447 OF THE FLORIDA STATUTES, RE- LATING TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF FLORIDA, BY AMENDING CHAPTER 13A "EMPLOYER-EMPLOYEE RELATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, RELATIVE TO PUBLIC EMPLOYEE RELATIONS; BY A~NDING THE EXCEPTIONS TO THE DEFINITION OF PUBLIC EMPLOYEE BY DELETING PROCEDURAL LIMITATIONS ON APPLICATIONS FOR DESIGNATION OF MANAGERIAL AND CONFIDENTIAL EMPLOYEES; BY CLARIFYING THE DEFINITION OF MANAGERIAL EMPLOYEES; BY LIMITING THE PERIOD DURING WHICH A CERTIFICATION PETITION MAY BE FILED WITH THE DELRAY BEACH PUBLIC EMPLOYEE RELATIONS COMMISION FOR ANY EMPLOYEES COVERED BY A VALID COLLECTIVE BARGAINING AGREE- ~NT; BY SPECIFYING PROCEDURES FOR DECERTIFICATION; BY PROVIDING THAT INTERVENTION BY AN EMPLOYEE ORGANIZATION IN A CERTIFICATION ELECTION WILL BE SUBJECT TO PERMISSION OF THE COMMISSION; BY PROHIBITING THE COMMISSION IN THE ABSENCE OF EXTRAORDINARY CIRCUMSTANCES FROM ISSUING SUBPOENAS OR SUBPOENAS DUCES TECUM TO COMMISSION MEMBERS OR EMPLOYEES WITH RESPECT TO THE PERFORMANCE OF THEIR OFFICIAL DUTIES, AND OTHERWISE REVISING COMMISSION POWERS AND DUTIES; BY DECLARING CERTAIN COMMISSION ACTION NOT TO CONS?ITUTE RULES FOR PURPOSES OF SECTION 120.52(14), FLORIDA STATUTES; BY REVISING THE PROCEDURE BY WHICH EMPLOYEE ORGANIZATIONS REGISTER WITH THE COMMISSION; BY REQUIRING ANNUAL RENEWAL OF REGISTRATION; BY REVISING SECTION 13A-17 RELATIVE TO THE PROCEDURES FOR HANDLING A CHARGE OF UNFAIR LABOR PRACTICE BEFORE THE COMMISSION, AND FOR REMEDYING AN UNFAIR LABOR PRACTICE; BY ADDING A NEW SECTION 13A-17.1 TO PROVIDE FOR ENFORCEMENT OF COM- MISSION ORDERS BY THE CIRCUIT COURTS; BY CLARIFYING PROCEDURES FOR JUDICIAL REVIEW OF COMMISSION ORDERS; AND BY PROHIBITING THE ASSESSMENT AGAINST THE COMMISSION OF COSTS OR FEES RELATING TO AN APPEAL FROM AN ORDER ISSUED BY THE COMMISSION IN AN ADJUDICATORY, ADVERSARY PROCEED- ING; PROVIDING FOR EFFECTIVENESS OF ORDINANCE NO. 70-79; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird was out of the room at this time. Mr. Scheifley moved for the passage of Ordinance No. 70-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.v. The City Manager reported that Ordinance No. 71-79, amend- ing Chapter 9 "Building Code" of the Code of Ordinances to provide that the floor slab shall be seven feet rather than six feet above mean sea level is before Council for consideration on First Reading. This ordinance includes revisions to the National Flood Insurance Program regulations using revised zones and elevations in the special flood hazard areas to insure continued eligibility to participate in the NFIP. A copy of a letter from the Department of Housing and Urban Development to the Mayor dated March 9, 1979 has been furnished to Council. - 23 - 9/24/79 The City Manager presented Ordinance No. 71-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 9-1.2 (SEC. 105.4(b)) TO PROVIDE THAT THE FLOOR SLAB SHALL BE SEVEN (7) FEET RATHER THAN SIX (6) FEET ABOVE MEAN SEA LEVEL AND TO A~ND SECTION 9-46(a) BY ADDING "AS AMENDED BY ORDINANCE NO. 71-79"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 71-79 on First Reading, seconded by Mrs. Dura~te. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird returned to the meeting at this time. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on September 18th, recommended by unanimous vote that the final plat approval request for Isles of Delray (Section I), located at the northeast corner of Lake Ida Road and the E-4 Canal be approved, subject to the following: 1) City Engineer's memorandum of September 7th. 2) Director of Public Utilities memorandum of September 6th. 3) Availability of water. Mrs. Durante moved for the approval of the final plat for Isles of Delray conditioned upon a document dedicating the right-of-way for a City street meeting City standards for access for these residen- tial units to be approved by the City Attorney and the City Engineer and subject to the recommendations contained in 9.a. of the preface to the agenda, seconded by Mr. Bird. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on September 18th, recommended by unanimous vote that the conditional use approval request in the CBD (Central Business District) to allow a dance school, located in Section 16-46-43; at the southeast corner of N.E. 6th Avenue and N.E. 1st Street be approved. Mrs. Durante moved that they sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Young. Said motion passed unanimously. 10. Mr. Young stated that he has spoken to Mr. Frank twice on the telephone and Mr. Frank is very interested in purchasing the boat, Exciton, and has offered to pay somewhere between $20,000 and $25,000 for it. The City Manager stated that he spoke to Mr. Frank today and in the conversation with him, Mr. Frank mentioned a figure of about $20,000. The City Manager told him that he will have to come up with a larger figure because $20,000 won't get the boat. Mr. Young can continue negotiations with Mr. Frank and determine whether or not he will offer a figure that might be acceptable. In response to a question, the City Attorney stated that there is no reason why they cannot continue to negotiate with Mr. Frank. The provision of the Charter provides that the City will advertise the proposed terms and conditions of the sale for two weeks. At such time as Mr. Frank wants to submit a formal written offer and the Council wants to consider it, then they can publish a notification in the newspaper that they are going to consider the offer, what the terms and conditions of that offer are and that they will hold a meeting on that offer to make a decision on it. - 24 - 9/24/79 Mr. Young stated that he wil'~1 contact Mr. Fra~ again tomorrow. 9.c. This item was considered with item 8.o. The City Attorney stated that Council should still act on item 9.c. at this time because that property also has to be rezoned in addition to the land use designation being changed. They should direct an ordinance rezoning the property to RM-6. Mr. Bird moved that the City Attorney be directed to pre- pare the ordinance, 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. Mayor Weekes declared the meeting adjourned at 10:45 P.M. CitY Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of September 24, 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. - 25- 9/24/79