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10-08-79 OCTOBER 8, 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, October, 8, 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 Father Donald Clawson, S~. Paul's Episcopal Church. 2. The Pledge of Allegiance to the flag of the United States of A~erica was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of September 24, 1979, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird stated that he considers the map with the informa- tion ~repared by Jackie Law to be a superb idea executed at little cost and a great benefit to the citizens. Those who have had the opportunity to get one will find most of the information generally needed by a citizen. 4.a.2. Mr. Bird asked the status of the Standard Oil station at the intersection of Atlantic Avenue and N.E. 6th Avenue which Mr. Carey brought up at the last meeting. He asked if any action has been taken to ensure that that facility will meet the City's standards as to land- scaping and engineering. The City Manager replied that the Building Inspection Department's findings were that they consider the station to be in com- pliance with the City's codes and ordinances. He intends to have a conversation with the City Attorney as a follow-up to that. The Build- ing Inspection Department reported to him that the section which Mr. Bird quoted will not apply in this instance. The City Attorney stated that Mr. Shandy discussed this matter with Roy Reid just before leaving on vacation and Mr. Reid instructed the inspection personnel in the Building Department, in the presence of Mr. Shandy, as to the proper procedure to be followed in the future. 4.b.1. Mr. Young stated that he has had five calls in the last two days regarding the lack of attention to the beach. The sidewalk is covered with sand and the beach is in deplorable condition with cans, bottles and rubbish scattered around. He asked about the possibility of getting this situation corrected. 4.b.2. Mr. Young stated that the City Manager has a priority list of things to be done and he was wondering if Council could be furnished with a copy of that and some designation as to whether or not the work on that list has been accomplished. The City Manager replied that regarding the beach, he re- ceived complimentary calls within the last few days. It has to do with a new program that is being tried on an experimental basis for cleaning the beach. He has a few letters with regard to it. They've only been at it a few days but he's had fairly good reports on it so far. He thinks they should wait and see how that works out and he will be back to Council on this in the next we~k or so. 4.c.1. Mayor Weekes stated that there are a number of people here in regard to item 9.c., the Abbey Delray site plan approval. He asked that Council move this item forward rather than have all these people wait until the end of the agenda. Mr. Scheifley moved that item 9.c. be moved up to follow item 5 on the agenda, seconded by Mr. Bird. Said motion passed unani- mously. 5.a. Mr. Sam Portnay stated that they of Section 6 High Point wish to show their appreciation for the wonderful work that this Council has done for them. He thanked Council for the haste given to High Point so that they could get clearance from Lake Worth and South Florida Water and the cooperation of annexing the new 25 acre section into the City. He also thanked the City Attorney for the time he has taken up with him. 5.b. Mr. Robert Woodling stated that he is representing a group of people who have come tonight to request reconsideration of City Ordinance No. 64-69 which raised the rates of dockage at the City docks. Mayor Weekes stated that the members of Council and the Administration have a copy of the letter that was sent regarding this. He recommends that they schedule this for the next workshop meeting one week from tonight. Mr. Woodling stated that due to the fact that it might take some time to work on this, they wondered if the enforcement of this ordinance could be waived until such time as it is reexamined by the City Council~ The City Attorney stated that the ordinance became effective on October 1, 1979. Mayor Weekes stated that he thinks that that matter can also be discussed as a part of the overall discussion next Monday night. Mr. Woodling stated that the rents are due on October 10th, which is the day after tomorrow. The City Attorney replied that since the ordinance is in effect, the fees will have to be paid. The City Manager suggested that they let the ordinance stand for the time being and have them pay accordingly. Should a decision be made to.change the ordinance, then reimbursements could be made at a later time. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on September 18th, recommended by a vote of 6 to 0 (Carey abstaining) that the conditional use, site and development plan approval request in the PRD-10 (Planned Residential) District to allow a 288 unit Life Care Retirement Community with associated nursing care for Abbey Delray South, located on the west side of the E-4 Canal, between Linton Boulevard and Germantown Road, be approved, subject to: 1) City Engineer's memorandum of August 27th. 2) Director of Public Utilities memorandum of August 29th. 3) Availability of water. 4) A time limitation of 18 months be set for develop- ment of the project. This was discussed at the workshop meeting on October 1st. Mr. Young moved to approve the site plan for Abbey Delray South in accordance with the recommendation from the Planning & Zoning Board, seconded by Mr. Scheifley. Before roll call the following discussion was had: Mr. Sam Schwimer stated that he is a member of the Board of Directors of the Pines of Delray Condo Association. He presented a petition signed by 359 residents of the Pines of Delray opposing allowing Abbey Delray South or any other organization to develop a community containing buildings of more than three stories. One of the members of the Planning & Zoning Board, in discussing this petition, made a statement to the effect that they were sick and tired of seeing the concrete block subdivisions that have been going up in this area. He challenged that and invited the members of the Board to come down and see what the Abbey Delray has been doing up to now. Mr. Schwimer presented two pictures which he passed around to Council. He heard somebody say that the - 2 - 10/8/79 members of Council had already made up their mind and that there would be a unanimous vote on this. He thinks that the members of Council all have open minds and are willing to consider whatever they hear tonight. He hopes that they will vote against the request. Mr. Arthur Hirsch, Pines of Delray, stated that about a year or so ago, they had the pleasure of listening to Mr. Scheifley give a lecture. At that time he specifically said there would be no highrises in the City of Delray. At a further time he had the pleasure of being with Mayor %$eekes at the Pines Association Installation and at that time Mayor Weekes told him there would be no highrises in the City of Delray. Mr. Scheifley stated that last week, a gentleman stated that when he was running for mayor, he made the statement that there would never be any buildings in Delray Beach over three stories. That is absolutely false; he said five stories and they can go to seven stories if the first two are enclosed parking. "Highrise" is a matter of defi- nition and conception and he really doesn't know ~]at the dividing line is between a highrise and a lowrise; it certainly isn't defined by law. The problem here is a question of what the ordinance is and if there are going to be objections to five story buildings, then there is something wrong with the ordinance. He doesn't think there is because five stories maximum is a very modest amount in comparison to neighboring cities where they are building up to 50 stories. In response to Mrs. Durante, Mrs. Plume, Planning and Zoning Board, replied that there are 30 acres in that tract. At PRD-10, they can have ten units per acre or less. Forty percent of this land will be in single units; because of the design sixty percent of the land will be open space. Under the PRD-10, they are permitted to go to three stories; they can apply for a higher height up to five stories, a maximum of seven as Mr. Scheifley explained. The applicant must then seek conditional use which is what he did. The Planning & Zoning Board felt that the merits of this particular design justified going up to preserve open space and the beautiful trees and growth that exists. Mayor Weekes stated that he did spend the evening with the people from the Pines of Delray last year and enjoyed i~ very much. It was in a social setting; he didn't make the remark publicly which Mr. Hirsch attributed to him. He might have made it in a social context. As to the other proposition which Mr. Schwimer brought up, that Council's mind was already ~ade up and that it was going to be a 5 to 0 vote, it may very well work out that way. They have what they think is a very fine Planning & Zoning Board; they spend limitless amounts of hours on Planning & Zoning matters without any pay. It's very rare that this Council will overturn a unanimous vote of that Board. In response to Mr. Bird, the representative for the developer stated they are 300 feet to their own property line with anything over one story. So it would be another 150 feet to the first dwelling unit in the Pines of Delray. About forty percent is to be retained as it is today. The City Attorney asked the representative if he understands that the approval is subject to the providing of right-of-way along the north side of the project on Linton Boulevard. He replied that he does understand that. Mr. Joseph Bell stated that he thinks that the people from the Pines of Delray are concerned as to the blocking of the sunrise. He asked if, in the next six months, they could have something on the Council's agenda hearing from the Planning & Zoning Board as to what assurance the rest of them who live in Delray might have as to the City's plans and whether they could be granted variances from those plans. - 3 - 10/8/79 Mayor Weekes replied that that could be readily done either at a public meeting or he could speak with Mr. Carey, Chairman of the Planning & Zoning Board, or Mr. Kotulla, Planning Director. At the last regular meeting of this Council, they passed on Second Reading a Compre- hensive Plan which was mandated by the State of Florida and included a land use element which discussed all these things. There were at least six public hearings on that plan; it was two years in the making; there was a consultant firm that assisted in the preparation of the plan. They advertised it in large ads in the press. There was only one person who spoke at the public hearing. The kind of question that Mr. Bell raised now is exactly why they sought public input into that so that the public could understand these things. The City Attorney stated that in regard to the motion, the memorandum from the City Engineer, which this is subject to, does not indicate at what point in time the right-of-way is to be given. With _ Council's consent, the motion could be amended to provide that the right-of-way for both Linton Boulevard and Germantown Road be provided prior to the issuance of any building permit. Mr. Young amended his motion to approve the site plan for Abbey Delray in accordance with the recommendation from the Planning & Zoning Board with the stipulation outlined by the City Attorney, seconded by Mr. Scheifley. Said motion passed unanimously. Mayor Weekes declared a recess at 7:45 P.M. The meeting reconvened at 7:50 P.M. 6.ao The City Manager reported that Council passed a resolution, No. 65-79, awarding a contract for the construction of cart paths at the Delray Beach Country Club. Upon the recommendation of the City Attorney, he is offering to Council a new substitute Resolution No. 79-79 to replace Resolution No. 65-79. The new one differs in these respects: the maximum lineal feet would be increased from 7300 to 8000; the price per lineal foot would be increased from $4.50 to $4.55; the bonding require- ments 6f the City are provided for by virtue of the new agreement that would be executed pursuant to passage and following the passage of new Resolution No. 79-79. It would have the effect of raising the possible maximum cost from $32,850 to $36,400 which would still be about $20,000 plus less than the second bid that the City received. Adoption of Resolution No. 79-79 is recommended. The City Manager presented Resolution No. 79-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 65-79 AND AWARDING A CONTRACT FOR THE INSTALLATION OF CART PATHS AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 79-79 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 79-79, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; / Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.b. The City Manager reported that as discussed at workshop on October 1st, Council is to consider the naming of Block 48 as Merritt Park in honor of Leroy W. (Buddy) Merritt. Mr. Scheifley moved that Block 48 be named Merritt Park in honor of Buddy Merritt, seconded by Mr. Young. Said motion passed unanimously. Before roll call, Mr. Scheifley stated that Mr. Merritt was an outstanding civic leader, former Councilman, former President of the Chamber of Commerce along with many other honors and he is very happy to make this motion. The other members of Council echoed Mr. Scheifley's comments. At this point the roll was called to the motion. - 4 - 10/8/79 6.c. The City Manager reported that it is recommended that Council approve exectuion of a Letter of Contract between the City and Palm Beach County relative to CETA Title VI Special Project extending the project from October 1, 1979 to November 30, 1979. This Letter of Contract will extend the CETA project while negotiations are completed for the agreement between the City and Palm Beach County authorized at the September 24th meeting. Mr. Young moved for the approval for the execution of the Letter of Contract between the City and Palm Beach County relative to CETA Title VI Special Project, seconded by Mr. Bird. Said motion passed unanimously. 6.d. The City Manager reported that as discussed at the workshop meeting on October Ist, Council is to consider the reappointments of Messrs. Armand B. Mouw, Alvaro Vera and Michael Botos as regular members of the Contractors Board of Examiners to three-year terms ending October 9, 1982 and ~essrs. Kenneth Jacobson and Robert Federspiel as alternate members to three-year terms ending October 9, 1982. Mr. Scheifley moved that Messrs. Armand B. Mouw, Alvaro Vera and ~ichael Botos be appointed regular members of the Contractors Board of Examiners to three-year terms ending October 9, 1982 and Messrs. Kenneth Jacobson and Robert Federspiel as alternate members to three- year terms ending October 9, 1982, seconded by Mrs. Durante. Said motion passed unanimously. 7.ao The City Manager reported that the City is in receipt of a request from the Delray Beach Housing Authority for financial assistance in relocating an electric pole and supporting wires in preparation for a parking lot to be constructed at Stewart Arms. The estimated cost for that was $1500; however, the City has been unable to verify that amount with Florida Power and Light. It is possible that the amount could be more than $1500; they're not sure at this point. The City has no responsiblity with regard to this. Whether or not the City could legally expend the funds would be in the domain of the City Attorney; if the answer is yes, it comes to a question of policy as far as the Council is concerned. The City Manager further stated that he ~s a strong supporter of the Delray Beach Housing Authority andRe suggested the formation of that body about nine years ago. However, he is not in favor of the City paying for the relocation of this light pole and wiring. He thinks that that is an expenditure that the Housing Authori%y should find its way to bear. Due to tightened up auditing procedures that are being applied to Florida Power & Light, it's becoming almost impossible to get those kinds of things done that cities used to be able to get done. Mr. Young moved that Council deny the request of the Delray Beach Housing Authority to extend the $1500 for the relocating of the pole and wire by Florida Power & Light, seconded by Mr. Scheifley. Said motion passed unanimously. 7.b. The City Manager reported that a petition has been received from Joseph Kovar to change the name of his taxicab company from Smokey, Inc. d/b/a Greyhound Taxi and Grey Taxi to Grey Taxi and the City Attorney has advised that Council action is not needed on this. 8.a. The City Manager reported that the following quotations were received for landscaping at the Delray Beach Country Club: Bidder Quotation Sunny State Nursery & Landscape Co., Inc. $22,931.00 Boca Raton Cartwright's Landscaping 24,142.35 Delray Beach Turner Nursery & Landscape Company 26,847.50 Boca Raton - 5 - 10/8/79 It is recommended that the contract be awarded by passage of Resolution No. 78-79 to the low bidder, Sunny State Nursery & Landscape Co., Inc. in the amount of $22,931, with funding to come from the 1978 Utility Tax Revenue Bond Issue. The City Manager presented Resolution No. 78-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR LANDSCAPING AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 78-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 78-79, fo]~ the landscaping of the Delray Beach Country Club by the low bidder, Sun State Nursery & Landscape Co., in the amount of $22,931.00, seconded by Mr. Scheifley. Mr. Scheifley asked the City Manager if there is any possibility that this contract could be expedited and pushed along a little faster than some of the things that have gone on out there. The City Manager replied that he has talked with them in that vein but he's not sure just how much it can be moved along. He is in favor of moving it along as rapidly as they can. The City Attorney recommended that Council give the Admini- stration the authority to waive the bond requirement. Mr. Bird amended his motion ~o include the statement that the bond requirement may be waived at th~ discretion of the Admini- stration, 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.b. The City Manager reported that Ordinance No. 61-79 relative to annexing Parcel A of the "Revised Rosedale Park Plat Property of Joseph Serp", located at 1800 North Federal Highway, subject to GC (General Commercial) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 10th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 61-79.: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH ALL OF PARCEL A OF THE "REVISED ROSEDALE PARK PLAT PROPERTY OF JOSEPH SERP" ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 15, AT PAGE 31, SAID LAND BEING IN SECTION 9, TO~'~SHIP 4~ SOUTH, RANGE 43 EAST AND LYING WEST OF U.S. HIGHWAY NO. 1, 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. 61-79 is on file in the official Ordinance Book) The City Manager read ~he 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. 61-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley r Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed w~th a 5 to 0 vote. - 6 - 10/8/79 8.c. The City Manager reported that Ordinance No. 68-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances by deleting "excluding drive-in facilities" from financial institutions. This ordinance was passed on First Reading at the September 24th 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. 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. (Copy of Ordinance No. 68-79 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 wit]] 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. 68-79 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.d. The City Manager reported that Ordinance No. 69-79, amending ~hapter 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 Second and FINAL Reading. This ordinance was passed on First Reading at the September 24th 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. 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, INCLUDING WASHING, WAXING, AND INTERIOR CLEANING. ALL OTHER AUTOMOTIVE SERVICES ARE PROHIBITED" AS A CONDI- TIONAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 69-79 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. 69-79 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.e. The City Manager reported that Ordinance No. 70-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 13A "Employer-Employee Relations" of the Code of Ordinances relative to PERC. This ordinance was passed on First Reading at the September 24th 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. - 7 - 10/8/79 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 AMENDING 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 COMMISSION FOR ANY EMPLOYEES COVERED BY A VALID COLLECTIVE BARGAINING AGREE- MENT; 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 ~OMMISSION ACTION NOT TO CONSTITUTE 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. (Copy of Ordinance No. 70-79 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. 70-79 _ on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 71-79, amending 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 Second and FINAL Reading. This ordinance was passed on First Reading at the September 24th 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. 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 AMEND- ING 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. - 8 - 10/8/79 (Copy of Ordinance No. 71-79 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. A lady from the audience asked if this would apply only to buildings for which permits have not already been issued. Mayor Weekes replied that it would. The public hearing was closed. Mrs. Durante moved for the passage of Ordinance No. 71-79 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.Q. The City Manager reported that Ordinance No. 72-79 relative to rezoning and placing land zoned R-1AA (Single Family Dwelling) Dis- trict to RM-6 (Multiple Family Dwelling) District, located at the north- west corner of Del-Haven Drive and A1A is before Council for considera- tion on First Reading. Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on October 22nd. Council, at the September 22nd meeting, directed the City Attorney to prepare the ordinance effecting the rezoning. The City Manager presented Ordinance No. 72-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE NORTHWEST CORNER OF DEL-HAVEN DRIVE AND A-i-A, AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 72-79 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 - No; Mayor Weekes - Yes. Said motion passed by a 4 to 1 vote. Mayor Weekes left the Council Chambers at this time and Vice-~4ayor Scheifley took the chair. 9.a. The City Manager reported that the Planning & Zoning Board ~t a meeting held on September 25th, recommended by unanimous vote that the final plat approval request for Rainberry Lake (Phase IV A), located on the west side of Congress Avenue between Lake Ida Road and the L-30 Canal be approved, subject to: 1) City Engineer's memorandum of September 24th. 2) Director of Public Utilities memorandum of September 12th. 3) That a sidewalk be constructed on one side of the main north-south street, and a meandering bikepath running north-south be constructed as shown on the approved site plan. 4) Approval of the site and development plans by City Council. 5) Availability of water. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Bird. Said motion passed unanimously. - 9 - 10/8/79 Mayor Weekes returned to the Chair at this time. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on September 25th, recommended by unanimous vote that the final plat approval request for Sabal Pine South (Phase II), located north of~the C-15 Canal, between Congress Avenue and the E-4 Canal be approved, subject to: 1) City Engineer's memorandum of September 24th. 2) Director of Public Utilities memorandum of September 14th. 3) Availability of water. 4) That the sidewalk requirement be waived because it does not lend itself to the design of this develop- ment. Mr. Bird moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Scheifley. Said motion passed unanimously. 9.d. The City Manager reported that an application has been received from Gloria J. and John D. Faulkner to annex an ll,942-square foot parcel of land, subject to R-1AA (Single Family Dwelling) District. The subject property is in Section 4-46-43 and is located on the west side of Seacrest Boulevard between Tangerine Trail and Avacado Road. Since this request is in conformance with the existing City's Land Use Plan and County zoning for this area, approval of the annexation 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. Mr. Scheifley moved that the City Attorney be instructed to prepare an ordinance annexing the land as described by the City Manager, seconded by Mrs. Durante. Said motion passed unanimously. Mayor Weekes left the Council Chambers at this time and Vice-Mayor Scheifley took the chair. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held on September 18th, recommended by unanimous vote that the site and development plan approval request for Rainberry Lake, lo- cated on the west side of Congress Avenue between Lake Ida Road and the L-30 Canal, be approved, subject to: 1) City Engineer's memorandum of August 23rd. 2) Director of Public Utilities memorandum of August 16th. 3) Availability of water. 4) A time limitation of 18 months be set for develop- ment of the project. This was discussed at the October 1st workshop meeting. Mr. Bird moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes returned to the Chair at this time. - 10 - 10/8/79 9.f. The City Manager reported that the Planning & Zoning Board at a meeting held on September 25th, recommended by unanimous vote that the abandonment of a street in the Lake Ida Shores Subdivision, which is in conflict with the recently approved Isles of Delray Subdivision be approved, subject to the City Enginner's September 12th memorandum. The property is located in Section 8-46-43 on the west side of N.W. 8th Avenue, between Lake Ida Road and N.W. 9th Street (Lake Shore Drive). Mr. Bird moved that Council sustain the recommendation of the Planning & Zoning Board subject to the developer agreeing to the City Engineer's September 12th memorandum, seconded by Mrs. Durante. Said motion passed unanimously. 9.2. The City Manager reported that the Planning & Zoning Board at a meeting held on September 25th, recommended by unanimous vote that the abandonment of the north four feet of a 16-foot utility easement within the Delray Oaks development, Section 30-46-43, northwest corner of Congress Avenue and the C-15 Canal be approved. This easement is requested due to construction in the immediate area of the easement. It is recommended that the City Attorney be directed to prepare the reso- lution effecting the abandonment. Mr. Bird moved that Council sustain the Planning & Zoning Board's recomr~endation and the City Attorney be directed to prepare a resolution effecting the abandonment, seconded by Mrs. Durante. Said motion passed unanimously. Mayor %'~eekes declared the meeting adjourned at 8:20 P.M. ty 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 October 8, 1979, which minutes were formally approved and adopted by the City Council on ~. ~t /~. NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, addi- tions, or deletions to the minutes as set forth above. - 11 - 10/8/79 2i2