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03-28-78 319 MARCH 28, 1978 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, March 28, 1978, with ~4ayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson and Council members Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV., and Leon M. Weekes, present. 1. The Lord's Prayer was recited in unison. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Weekes moved for the approval of the minutes of the regular meeting of March 13, 1978 and the special meetings of March 6, 1978, March 8, 1978, March 10, 1978, March 20, 1978 and March 22, 1978, seconded by Mr. Sanson. The motion passed unanimously. 4.a.1. Mr. Chapin stated, over the weekend he had an opportunity to talk to a past president of the Garden Clubs of America and conversation was had whether the City could be chosen for a project to implement, without cost to the City, beautification and design of the aesthetics of our community. Several communities around the country are being chosen and, if the City could be one of these communities chosen, it would be an advantage to the City. 4.a.2. Mr. Chapin stated he has talked to a national director of an organization involving parks and recreation and was informed that they too have select communities which funds are donated for land use planning of parks and recreation facilities. He expressed his hope of Delray Beach being the recipient of some type of assistance in this regard. 4.b.1. Mr. Sanson asked the status of the billboard on South Federal Highway. Mr. Weekes advised he called Southern Federal Savings & Loan Association and talked to Frank Steele who was before Council at the March 20th special meeting. Mr. Steele was going to have one of his superiors call him (Weekes) back and this was never done. The bank has notified the contractor that the lease has been cancelled, the check has been returned but the contractor apparently has ignored this. Mr. Sanson stated he was told by the manager of the local branch of Southern Federal that the sign would be down within 30 days. It was noted by Mayor Scheifley that there are two more billboards being erected in county pockets, one on North Federal Highway and one near the C-15 Canal. 4.c.1. Mr. Weekes stated he has received a number of telephone calls regarding adding another access into the Bass Creek area in Tropic Palms by extending Dotterel Road between Lindell Boulevard and Audubon Boulevard. A cost estimate was prepared on January 31st, by the City Manager, and this project is estimated to cost $70,464.84. This project is absolutely necessary for the safety and welfare of the people who are living in that area and he would like the consensus of Council to place this item on a workshop agenda, to consider using the balance of the street and road improvement bond issue which amounts to $63,000 towards this project. Council agreed to place this item on the agenda for a future workshop meeting. 4.d.1. Mayor Scheifley read a proclamation proclaiming Thursday, March 30, 1978 as Organization for Rehabilitation through Training day. ~.. There were no~public requests from the floor. 6.a.1. The City Manager reported that John Klinck of Russell & Axon has prepared a large cardboard which contains a number of recent photographs regarding the expansion of the water treatment plant, which will be on display in the lobby of the City Hall. Mr. Klinck appeared before Council detailing the photographs. 6.a.2. The City Manager reported that two quotations have been received ~or the purchase of playground equipment for the two parks at 1-95 and West Atlantic Avenue and they are as follows: Bidder Quotation Game Time of Delray Beach $2,470.00 Delray Beach Bidder Quotation Miracle Recreation Equipment $2,750.00 Ft. Lauderdale A third bid was received, however, it was disqualified because it was for adult recreation equipment. These two parks are for children and youth. The total purchase price, including $500 freight, for purchase from the low bidder, Game Time of Delray Beach, is $5,440.00. The current budget provides $5,000 for this purpose; an additional $440.00 would be needed, which can be made available from other Parks & Recreation accounts without the necessity of making additional allocation of funds. The City Manager recommended that Council authorize purchase of this equipment from the low bidder, Game Time of Delray Beach for the purchase price, per park, of $2,470.00 and for a total price of $5,440.00. Mr. Sanson moved for the approval of the purchase of the playground equipment, as outlined in the City Manager's memorandum of March 28th, -~ seconded by Mr. Randolph. The motion passed unanimously. Upon question by Mr. Weekes, the City Manager advised authorizatio has been given to install the sprinkler system in that area; the installatic._ of the sprinkler system is underway. 6.b. City Manager Mariott reported that Council informally decided at the workshop meeting on March 20th to pay $8,090 (or an amended amount) requested by the Beach Bathhouse contractor for additional expense incurred for salaries, materials, etc., resulting from the delays beyond the contractors control. The City Manager recommended that Council approve the amount of $8,090 to be added to the contract price. Upon question by Mr. Sanson, Mr. Hanna advised that he did not have the square footage available of the bathhouse; however he would get that information. Mr. Hanna stated this amount is the best deal the City could get to get out of this bind. The amount of $8,090 is the amount that was quoted as of March 7th. Mr. Weekes moved that Council accept the administration's recommendation to increase the contract by $8,090 to complete the project with funding from the General Fund Contingency Account, seconded by Mr. Chapin. The motion passed unanimously. Upon question by Mayor Scheifley, Mr'. Hanna advised this price does not include landscaping. Mr. Sanson stated he was under the impression that additional action would be taken to proceed on a course of action and added he is ready to make a motion to institute legal proceedings against the Gipper. The City Attorney advised he has reviewed this situation and does not feel that there is a cause of action because in order to have a claim for malicious prosecution against the Gipper, we would have to be able to show the claim that they have made is a groundless claim. The engineer the City retained to participate in the case has already, in writing, stated that the demolition aggravated!the condition that existed in the cracks in the Gipper wall. That being so, he does not believe that a court would conclude that it was a totally groundless case that would give the City sufficient cause to be able to hold the Gipper liable. The City Manager asked if the City would have cause for action against the demolition contractor. The City Attorney advised that that would be worked oUt as part of the lawsuit. Mr. Sanson stated he was under the impression that it was conclude that the demolition had not caused any problems. The City Attorney noted as part of the original negotiations that were conducted, the City attempted to work out the settlement between all the parties involved, but the various insurance companies, contractors, the Gipper, etc., could not come to any agreement. 6.c. The City Manager reported that the following bids were received for selling the City fire hose for the Fire Department: Bidder Quotation Biscayne Fire Equipment Company $5,922.00 Miami Bi-Lateral Fire Hose Company 11,032.00 Ft. Lauderdale City Manager Mariott recommended that the award be made to the low - 2 - 3228/78. 37,1 bidder, Biscayne Fire Equipment Company in the amount of $5,922.00 for which funds are provided in the current budget. Mr. Weekes moved that Council award the low bid to Biscayne Fire Equipment Company in the amount of $5,922.00 for fire hose, seconded by Mr. Chapin. The motion passed unanimously. Mr. Weekes questioned the price difference in the bids. Chief Todd Jackson advised both the bidders bid on the same specifications and he does not know why there is such a price difference. 6.d. The City Manager reported that at the March 20th workshop meeting, Council informally agreed to make the following Board of Adjustment appointments: Donald R. DeRenzo to a new three-year term as a regular member ending March 15, 1981. William Romberge~ to a three-year term as a regular member ending March 15, 1981. Charles Toth to the unexpired term of William Romberger as an alternate member ending March 15, 1980. Delbert Swilley to a three year term as an alternate member (replacing William J. Davis) ending March 15, 1981. Mr. Chapin moved to appoint Donald R. DeRenzo to a three-year term as a regular member ending March 15, 1981, seconded by Mr. Weekes. The motion passed unanimously. Mr. Chapin moved to appoint Charles Toth to a three year term as a regular member ending March 15, 1981, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. Before roll call, Mr. Sanson stated this is different than had been agreed to at the workshop and he will continue to maintain that he would like to see Mr. Romberger elevated to a regular member and Mr. Toth as an alternate member and added he is not happy with some of the decisions that Mr. Toth has made. Mr. Sanson added he feels the Board of Adjustment is extremely important to this city and the integrity of the zoning ordinance should be upheld. Mr. Chapin moved to appoint Delbert Swilley to a three year term as an alternate member (_replacing William J. Davis) ending March 15, 1981, seconded by Mr. Randolph. The motion passed unanimously. 6.e. The City Manager recommended that Council approve the Saltwater Intrusion Management Plan as discussed at the March 20th workshop meeting, with the understanding that the monitoring program (.estimated cost: $10,000 for installation and first year operation) be funded by the Water and Sewer Fund contingency account and that the four new water supply wells (estimated project cost: $500,000) be funded by the contemplated Water and Sewer Revenue bond issue or other bond issue. Mr. Chapin moved that Council approve the Saltwater Intrusion Management Plan, at an estimated cost of $10,000, seconded by Mr. Weekes. The motion passed unanimously. Mr. Chapin asked that the item of the four new water supply wells at an estimated cost of $500,000 be scheduled for a workshop meeting. Mr. Sanson asked why the City would not be going through the competitive negotiations act on the $500,000 water supply wells, and asked why something like this could not be done in-house; why do we have to add an additional fee? Mayor Scheifley stated these questions could be resolved at the workshop meeting. 7.a. The City Manager reported that a communication has been received from the Area Planning Board dated February 28th, requesting A-95 Clearinghouse Review and comments relative to the Florida Department of Environmental Regulatibn~Florida Coastal Zone Management Planning Program (4th Year). It is necessary to have A-95 Clearinghouse Review in order to get approval of the various governmental agencies and also to get approval of grant funds when grant funds are involved. - 3 - 3/28/78 Corrected Page ~3.~ Mr. Sanson explained that in order to insure that government appli- cations for federal funds, in order to insure that there is not duplication of effort being done in certain programs and to insure that things are con- sistent, any person now applying for federal funds has to submit an A-95 application to the local governments that are affected. Furthermore, the Area Planning Board and the Regional Planning Council review all the A-95 applications. If we submit money for sewer project, we have to prepare an A-95 application and that goes through all the things and any of the govern- ments reviewing it can give their comments as to whether they agree with the application or disagree. In this case, this is sort of a reverse thing. This is where the state is having to come to us because the Coastal Zone Management Program can't have an affect on us locally so the state has to ask every local government to give their comments as to how they feel about it. Mr. Sanson moved to concur with the-~i-ty Manager's letter o2 March 13th, seconded by Mr. Weekes. The motion passed unanimously. 7.b. The City Manager reported that a communication has been received from the Delray Beach National Little League, Inc., requesting permission to solicit funds from April 14th through April 16, 1978, approval of which is recommended by the Solicitations Committee. Mr. Chapin moved that Council approve the recommendation of the Solicitations Committee to allow the Delray Beach National Little League, Inc.,to solicit funds from April 14th through Aptil 16, 1978, seconded by Mr. Sanson. The motion passed unanimously. 8.a. The City Manager reported that the following bids have been received to furnish and install a chain link fence at Miller Park, Phase II: Bidder ~Quotation Pompano Fence Company $13,900.00 Pompano Beach Hardrives of Delray, Inc. .16,500.00 Delray Beach Federal Fence Company 17,793.16 Ft. Lauderdale City Manager Mariott recommended that an award be made to the low bidder, Pompano Fence Company in the amount of $13,900 by passage of Resolution No. 26-78. The project will be funded with money from Federal Revenue Sharing Funds. This resolution was deferred at the March 6th Special Meeting since there was only bid. The City Manager presented Resolution No. 26-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO FURNISH AND INSTALL A CHAIN LINK FENCE IN ACCORDANCE WITH CITY SPECIFICATIONS AT ROBERT P. MILLER PARK, PHASE II, LOCATED AT 1905 SOUTHWEST FOURTH AVENUE, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 26-78 is on file in the official Resolution Book.) Mr. Weekes moved for the passage of Resolution No. 26-78, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Mr. Sanson asked that the City Manager furnish Council with a status report on the completion of Phase II Miller Park. Mr. Chapin thanked Mr. Weekes for requesting the administration to obtain other bids, which resulted in a saving to the City. 8.b. The City Manager reported that the following bids have been received to lower a water main on Dixie Boulevard in compliance with the required depth as stipulated in the City specifications and relocate a water main within the City right-of-way on Benjamin Avenue, which section of water main encroaches~on private property: Bidder Quotation Atlantic Pipeline Construction, Inc. $2,275.00 .Lake Park - 4 - 3/28/78 Corrected Page 323 Bidder Quotation Heavy Construction of N.P.B.,Inc. $2,762.50 Lake Park The City Manager recommended that an award be made to Atlantic Pipeline Construction, Inc., in the amount of $2,275 by passage of Resolution No. 27-78, with funds to come from the Water and Sewer Distribution Account of the Water and Sewer Fund in the current budget. The City Manager presented Resolution No. 27-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO LOWER APPROXIMATELY 650' OF EXISTING 6" CAST IRON WATER MAIN ON DIXIE BOULEVARD, SOUTHRIDGE SUBDIVISION, IN COMPLIANCE WITH THE REQUIRED DEPTH AS STIPULATED IN THE CITY SPECIFICATIONS, AND RELOCATE APPROXIMATELY 325' OF EXISTING 6" CAST IRON WATER MAIN WITHIN THE CITY RIGHT-OF-WAY ON BENJAMIN AVENUE, WHICH SECTION OF WATER MAIN ENCROACHES ON PRI~ATE PROPERTY IN SOUTHRIDGE SUBDIVISION, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 27-78 is on file in the official Resolution Book.) Mr. Randolph moved for the passage of Resolution No. 27-78, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Resolution No. 28-78 is requesting that the major airlines which serve West Palm Beach provide air service between West Palm Beach and Orlando. This was discussed at the March 20th workshop meeting. The City Manager presented Resolution No. 28-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE MAJOR AIRLINES WHICH SERVE WEST PALM BEACH PROVIDE AIR SERVICE BETWEEN WEST PALM BEACH AND ORLANDO; AND FOR OTHER PURPOSES. (Copy of Resolution No. 28-78 is on file in the official Resolution Book.) Mr. Weekes moved for the passage of Resolution No. 28-78, seconded by Mr. Sanson. Mr. Weekes informed Council that Air Florida has applied for two flights daily to and from Orlando which will greatly improve the service. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Resolution No. 29-78 is authorizing negotiation of a contract to furnish materials and labor to construct a water supply well. This well was deleted from the original contract with Alsay-Pippen due to the inability of the City to get an easement across the Stewart Arms property. It has been determined that an easement will be available from the Delray Beach Housing Authority for the raw water main and the construction of this well can now proceed. The City Manager presented Resolution No. 29-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO FURNISH MATERIALS AND LABOR TO CONSTRUCT A WATER SUPPLY WELL IN ACCORDANCE WITH PLANS AND SPECIFICATIONS. (Copy of Resolution No. 29-78 is On file in the official Resolution Book.) Mr. Chapin asked why this item was not put to competitive bid. The City Manager advised the engineers have told us that if this was put to competitive bids, the price would be considerably more. - 5 - 3/28/78. Mr. Klinck informed Council that the original bids were taken on · .ebruary 24, 1976. The proceed to construct was in effect on March 1, 1976, and the other three wells installation was completed March 28, 1977, and this negotiation with the contractor includes consideration of the fact that during those two years prices have gone up considerably and includes computation of using the actual prices in that contract and including 2~ more,which is not as much as the overall increase that type of work has gone up in that period of time. Mr. Klinck stated this well is going to be 150' deep instead of the usual 100' that the other wells were drilled so there is an increase in price due to that extra depth that we know we will have to go'to get to the water. Upon question by Mr. Sanson, the City Manager advised the money is in the 1972 water and sewer bond issue; the money was never used. Mr. Sanson moved for the passage of Resolution No. 29-78, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.e. The City Manager recommended that Resolution No. 30-78 accepting raw water mains from the western well field be accepted as operational and final payment be made to Barile Excavating & Pipeline Company in the amount of $15,634.70. This will be funded with money from the 1972 Water and Sewer Bond Issue. The City Manager presented Resolution No. 30-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING PART "B" RAW WATER MAIN LOCATED FROM THE POINT OF BEGINNING ON SOUTHWEST 15TH AVENUE, SOUTHWEST 7TH STREET AND SOUTHWEST 6TH STREET TO THE SOUTH WATER TREATMENT PLANT IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 30-78 is on file in the official Resolution Book.) Mr. Randolph moved for the passage of Resolution No. 30-78, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Mr. Randolph moved that Council authorize final payment in the amount of $15,634.70, to Barile Excavating & Pipeline Company, for work contained in Resolution No. 30-78, seconded by Mr. Weekes. The motion passed unanimously. 8.f. The City Manager reported that Ordinance No. 10-78 is relative to rezoning and placing land presently zoned RM-15 (Multiple Family Dwelling) District in RM-6 (Multiple Family Dwelling) District, located in Section 29-46-43 east of Jaeger Drive between Curlew Road and Dotterel Road is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the March 13th Council meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held. The City Manager presented Ordinance No. 10-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN RM-6 (MULTIPLE F~ILY DWELLING) DISTRICT, E½ AND W½ of NE¼ OF NW¼ OF SE¼ OF SECTION 29-46-43, AS RECORDED IN PLAT BOOK 6, PAGE 50 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS LYING NORTH OF CURLEW ROAD, SOUTH OF DOTTEREL ROAD AND EAST OF JAEGER DRIVE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 10-78 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. - 6 - 3/28/78 Corrected Page Mr. Chapin moved for the passage of Ordinance No. 10-78 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.g~ The City Manager reported that Ordinance No. 12-78, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to district boundary lines. This ordinance was passed on First Reading at the February 13th Council meeting and tabled on Second and Final Reading at the February 27th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held. The City Manager presented Ordinance No. 12-78: 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 REPEALING SECTION 29-17(J) (1) (2) AND (3) AND REPLACING SAID SUBSECTIONS WITH THOSE CONTAINED HEREIN RELATING TO SPECIAL SETBACK REGULATIONS WHEN INDUSTRIALLY QR COM24ERCIALLY ZONED PROPERTY EITHER DIRECTLY ABUTS RESIDENTIALLY ZONED PROPERTY OR WHERE INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY IS NEAR BUT SEPARATED FROM RESIDENTIALLY ZONED PROPERTY; FURTHER PROVIDING FOR METHODS OF SCREENING THE INDUSTRIALLY OR CO~4ERCIALLY ZONED PROPERTY FROM THE RESIDENTIALLY ZONED PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 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. The City Attorney noted in the second paragraph, last line "this shall be a landscaped area", should be removed, as per Council's prior request. Mr. Chapin moved for the passage of Ordinance No. 12-78 on Second and FINAL Reading, as amended by deletion of the last sentence in the second paragraph "this shall be a landscaped area", seconded by Mr. Sanson. Before roll call, Mr. Sanson stated after having this ordinance drag out over 1% years, he is glad to see it finally coming to a conclusion. Mr. Sanson asked that the Planning & Zoning Board continue to look at this and return with some recommendation on how we could take care of the bad problems in certain areas of the City but still provide their original recommendation of 60' setbacks in undeveloped areas such as Linton Boulevard. Mrs. Phyllis Plume answered yes, the Planning & Zoning Board would be doing this. Mr. Weekes spoke in reference to Section 1, paragraph (J) (1) (b) where the rear or side of commercially zoned property does not directly abut residentially zoned property but is separated from it by an alley, the commercially zoned property shall provide a ten (10) foot building setback from the property line located adjacent to the separator. Mr. Weekes asked what would happen if there is also a right-of-way for the FEC Railroad tract intervening the commercially zoned property and the residentially zoned property. Mr. Weekes stated in Section 1, paragraph (J) (1) (b) it should include railroad right-of-way. The City Attorney noted this specific question came up once before and because of the problem in the commercial area in the downtown area that the Planning & Zoning Board specifically limited it to an alley so that, if it was separated by a street, they would not have to put in the wall. This was done to alleviate problems. Mrs. Plume noted she concurs with Mr. Weekes and stated all you have to do is look at the Publix Shopping Center, near the post office. Where you have residential across the street, with the back side of the Publix, you have to have a wall divider, in this case, it is a hedge. Mr. Chapin withdrew his motion and Mr. Sanson withdrew his second. Mr. Randolph stated he would have voted against Ordinance No. 12-78 because he feels that this will help some areas and it will hurt the West Atlantic Avenue area. - 7 - 3/28/78 Mr. Chapin moved to table Ordinance No. 12-78, seconded by Mr. Weekes. The motion passed unanimously. Before roll call, the following discussion was had. The City Attorney advised that he would meet with the Planning & Zoning Board to amend the ordinance. Mr. Ken Ellingsworth requested that the original committee be included in the discussion to amend the ordinance. Council agreed with Mr. Ellingsworth's request. Mr. Sanson asked that the item of West Atlantic Avenue be considered in studying the ordinance. He note~ 60' setbacks are badly needed in some areas of the City. Roll call on the motion was had at this time. 8.h. The City Manager reported that Ordinance No. 13-78 is repealing Chapter 25A "Trees and Shrubs" of the Code of Ordinances relative to removal of certain trees. This was discussed at the March 20th workshop meeting. The City Manager presented Ordinance No. 13-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 25A "TREES AND SHRUBS", ARTICLE II "REMOVAL OF CERTAIN TREES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AND SUBSTITUTING IN ITS PLACE A NEW CHAPTER 25A, ARTICLE II ENTITLED "REMOVAL OF SHRUB VEGETATION AND CERTAIN TREES"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of. the ordinance. Mr. Sanson moved for the passage of Ordinance No. 13-78 on First Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The.motion passed with a 5 to 0 vote. 8.i. City Manager Mariott reported that Ordinance No. 14-78 is amending Ordinance No. 61-77 which amended Chapter 29 "Zoning" of the Code of Ordinances relative to zero lot line developments is before Council on First Reading. Recommended amendments from the Planning & Zoning Board have been incorporated in the ordinance. These amendments constitute a revision to the ordinance which was originally passed on First Reading at the February 13th meeting. The City Manager presented Ordinance No. 14-78. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-5 SINGLE FAMILY DWELLING DISTRICTS (N) SPECIAL REGULATIONS BY ENACTING A NEW (2) AND RENUMBERING EXISTING (~2) AND (3);SECTION 29-6 RM-6 (P) (~3); Section 29-7 ~4-10 (P)(3); SECTION 29-8 RM-15(P) (3); SECTION 29-8.1 PRD-4(R)(9); SECTION 29-8.2 PRD-7 (R) (9); SECTION 29-8.3 PRD-10 (R) (9); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Weekes moved for the passage of Ordinance No. 14-78 on First Reading, seconded by Mr. Chapin. Mr. Sanson asked, if he was reading the ordinance correctly to s~y that the Planning & Zoning Board is saying, that if you have a zero lot line dwelling and it has an attached garage, that attached garage does not have to comply with building setbacks? Mrs. Phyllis Plume replied the attached garage is usually part of the main building which is very likely to be on the zero lot line. A question was raised regarding unattached and .attached garages and Council agreed to table the item. Mr. Sanson moved to table this item and refer it back to the Planning & Zoning Board, seconded by Mr. Randolph, said motion passing unanimously. - 8 - 3/28/78. and FINAL Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; ~ Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. The City Manager reported that Ordinance No. 12-78, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to district boundary lines. 'This ordinance was passed on First Reading at the February 13th Council meeting and tabled on Second and Final Reading at the February 27th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held. The City Manager presented Ordinance No. 12-78: 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 REPEALING SECTION 29-17(J) (1) (2) AND (3) AND REPLACING SAID SUBSECTIONS WITH THOSE CONTAINED HEREIN RELATING TO SPECIAL SETBACK REGULATIONS WHEN INDUSTRIALLY QR CO~4ERCIALLY ZONED PROPERTY EITHER DIRECTLY ABUTS RESIDENTIALLY ZONED PROPERTY OR WHERE INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY IS NEAR BUT SEPARATED FROM RESIDENTIALLY ZONED PROPERTY; FURTHER PROVIDING FOR METHODS OF SCREENING THE INDUSTRIALLY OR CO~4ERCIALLY ZONED PROPERTY FROM THE RESIDENTIALLY ZONED PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING kN EFFECTIVE DATE. 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. The City Attorney noted in the second paragraph, last line "this shall be a landscaped area", should be removed, as per Council's prior request. Mr. Chapin moved for the passage of Ordinance No. 12-78 on Second and FINAL Reading, as amended by deletion of the last sentence in the second paragraph "this shall be a landscaped area", seconded by Mr. Sanson. Before roll call, Mr. Sanson stated after having this ordinance drag out over 1½ years, he is glad to see it finally coming to a conclusion. Mr. Sanson asked that the Planning & Zoning Board continue to look at this and return with some recommendation on how we could take care of the bad problems in certain areas of the City but still provide their original recommendation of 60' setbacks in undeveloped areas such as Linton Boulevard. Mrs. Phyllis Plume answered yes, the Planning & Zoning Board would be doing this. Mr. Weekes spoke in reference to Section 1, paragraph (J) (1) (b) where the rear or side of commercially zoned property does not directly abut residentially zoned property but is separated from it by an alley, the commercially zoned property shall provide a ten (10) foot building setback from the property line located adjacent to the separator. Mr. Weekes asked what would happen if there is also a right-of-way for the FEC Railroad tract intervening the commercially zoned property and the residentially zoned property. Mr. Weekes stated in Section 1, paragraph (J) (1) (b) it should include railroad right-of-way. The City Attorney noted this specific question came up once before and because of the problem in the commercial area in the downtown area that the Planning & Zoning Board specifically limited it to an alley so that, if it was separated by a street, they would not have to put in the wall. This was done to alleviate problems. Mrs. Plume noted she concurs with Mr. Weekes and stated all you have to do is look at the Publix Shopping Center, near the post office. Where you have residential across the street, with the back side of the Publix, you have to have a wall divider, in this case, it is a hedge. Mr. Chapin withdrew his motion and Mr. Sanson withdrew his second. Mr. Randolph stated he would have voted against Ordinance No. 12-78 because he feels that this will help some areas and it will hurt the West Atlantic Avenue area. - 7 - '3/28/78 Mr. Chapin moved to table Ordinance No. 12-78, seconded by Mr. Neekes. The motion passed unanimously. Before roll call, the following discussion was had. The City Attorney advised that he would meet with the Planning & Zoning Board to amend the ordinance. Mr. Ken Ellingsworth requested that the original committee be included in the discussion to amend the ordinance. Council agreed with Mr. Ellingsworth's request. Mr. Sanson asked that the item of Nest Atlantic Avenue be considered in studying the ordinance, He noted 60' setbacks are badly needed in some areas of the City. Roll call on the motion was had at this time. 8.h. The City Manager reported that Ordinance No. 13-78 is repealing Chapter 25A "Trees and Shrubs" of the Code of Ordinances relative to removal of certain trees. This was discussed at the March 20th workshop meeting. The City Manager presented Ordinance No. 13-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 25A "TREES AND SHRUBS", ARTICLE II "REMOVAL OF CERTAIN TREES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AND SUBSTITUTING IN ITS PLACE A NEW CHAPTER 25A, ARTICLE II ENTITLED "REMOVAL OF SHRUB VEGETATION AND CERTAIN TREES"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of. the ordinance. Mr. Sanson moved for the passage of Ordinance No. 13-78 on First Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The.motion passed with a 5 to 0 vote. 8.i. City Manager Mariott reported that Ordinance No. 14-78 is amending Ordinance No. 61-77 which amended Chapter 29 "Zoning" of the Code of Ordinances relative to zero lot line developments is before Council on First Reading. Recommended amendments from the Planning & Zoning Board have been incorporated in the ordinance. These amendments constitute a revision to the ordinance which was originally passed on First Reading at the February 13th meeting. The City Manager presented Ordinance No. 14-78. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-5 SINGLE FAMILY DWELLING DISTRICTS (N) SPECIAL REGULATIONS BY ENACTING A NEW (2) AND RENUMBERING EXISTING (~2) AND (.3);SECTION 29-6 ~-6 (P) (3); Section 29-7 ~4-10 (?)(3); SECTION 29-8 ~4-15(P) (3); SECTION 29-8.1 PRD-4(R)(9); SECTION 29-8.2 PRD-7 (R) (9); SECTION 29-8.3 PRD-10 (R) (9); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Weekes moved for the passage of Ordinance No. 14-78 on First Reading, seconded by Mr. Chapin. Mr. Sanson asked, if he was reading the ordinance correctly to say that the Planning & Zoning Board is saying, that if you have a zero lot line dwelling and it has an attached garage, that attached garage does not have to comply with building setbacks? Mrs. Phyllis Plume replied the attached garage is usually part of the main building which is very likely to be on the zero lot line. A question was raised regarding unattached and attached garages and Council agreed to table the item. Mr. Sanson moved to table this item and refer it back to the Planning & Zoning Board, seconded by Mr. Randolph, said motion passing unanimously. - 8 - 3/28/78. 8.j. The City Manager reported that Ordinance No. 20-78 is relative to amending Chapter 14 of the Code of Ordinances by adopting the 1976 Edition of the Fire Prevention Code, the 1976 Revision of the Fire Prevention Code and the 16 volume set of the 1978 National Fire Codes prescribed by the National Fire Protection Association is before Council for consideration on First Reading. This will update the National Fire Code from the 1973 Edition to the 1978 Edition. The City Manager presented Ordinance No. 20-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14 "FIRE DEPARTMENT, FIRE PREVENTION AND FIRE REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 14-1 AND SECTION 14-7 AND ENACTING NEW SECTIONS 14-1 AND 14-7; ENACTING A NEW SECTION 14-12 PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Randolph moved for the passage of Ordinance No. 20-78 on First Reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Mr. Sanson asked what the status was on the sprinkler system ordinance. The City Manager advised it is presently in the City Attorney's office. 8.ko The City Manager reported that Ordin'ance No. 21-78 is amending Chapter 29 "Zoning" of the Code of Ordinances relative to building height is before Council for consideration on first reading. This was discussed at the March 20th workshop meeting. The City Manager presented Ordinance No. 21-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~{ENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-6 ~4-6 (MULTIPLE FAMILY DWELLING) DISTRICT ~) TO LIMIT THE MAXIMUM HEIGHT TO TWO FLOORS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the passage of Ordinance No. 21-78 on First Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 9.a. The City Manager reported that an application has been received from Pebb Enterprises (Jeffrey Rosenberg) to annex a 28.11 acre parcel of land, subject to R-1AAA (.Single Family Dwelling) District. The property is presently vacant, and the proposed use is for residential single family homes. The subject property is in Section 25-46-42 and is located west of the E-4 Canal, between Germantown Road and the L-37 Canal. Council may authorize the City Attorney to prepare a resolution to the Palm Beach County Board of County Commissioners requesting permission to rezone this property when annexed or refer to workshop. This property is presently zoned in the County as AG (.Agricultural). Mr. Sanson moved that a resolution be prepared to the Palm Beach County Board of County Commissioners requesting permission to rezone the subject property, seconded by Mr. Weekes. The motion passed unanimously. Mr. Sanson asked that the City Attorney's office furnish Council with a status report on the property that is adjacent to the subject property which is a large development that Council had some question about annexing and the water and sewer agreement. - 9 - 3/28/78. 9.b. The City Manager asked that the report from the Planning & Zoning Board relative to amended final plat - Rainberry Bay (Section lA) be deferred. 9.c. The City Manager reported that the Planning & Zoning Board at their meeting of March 21st unanimously recommended that the easement abandonment request for Lots 60 & 61, Delray Beach Shores Subdivision, located on the west side of A1A, between Lewis Cove and Brooks Lane be approved. Mr. Weekes moved that the easement be abandoned on Lots 60 & 61 Delray Beach Shores Subdivision, and that the City Attorney's office be instructed to prepare a resolution, seconded by Mr. Sanson. The motion passed unanimously. 9.d. The City Manager reported that the Pla~ing & Zoning Board at their meeting of March 21st unanimously recommended that the final ,~ plat approval request of Patrician Villas, located at the southwest corner of the intersection of Lowson Boulevard and Homewood Boulevard be approved, subject to the following: (1) Comments of the Director of Public Utilities as stated in his March 3rd memorandum. (2) Availability of water. Mr. Sanson stated he was in attendance at this Planning & Zoning Board meeting and Mr. Carey raised a question which a satisfactory answer was not given. Mr. Carey pointed out that when this project was given site plan approval, a condition of that site plan was that the developer would pave Homewood Boulevard. That has yet to be done. The City Manager advised~that Patrician Villas has a $30,000 bond posted with the City which guarantees the paving of Homewood Boulevard. Mr. Weekes moved that Council accept the unanimous recommendation of the Planning & Zoning Board for final plat approval of Patrician Villas, seconded by Mr. Sanson. The motion passed unanimously. 10.... The City Manager recommended that Council authorize payment of the City's bills. Mr. Randolph moved that Council authorize payment of the City's bills, seconded by Mr. Weekes. The motion passed unanimously. General Fund ................ $382,972.50 Cigarette Tax Fund .............. 6,105.00 Utilities Tax Fund .............. 50,000.00 Federal Public Works Fund .......... 144,377.91 Water and Sewer Fund ............. 489.69 Mr. Chapin moved, at 8:30 P.M., for the adjournment of the meeting, seconded by Mr. Weekes. The motion passed unanimously. CLE~ _~/ . 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 March 28, 1978 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. - 10 - 3/28/78.