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05-08-78 MAY 8, 1978 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, May 8, 1978, with Mayor Leon M. Weekes presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, Charlotte G. Durante, Aaron I. Sanson, IV., and James H. Scheifley, present. 1. The opening prayer was delivered by Reverend Robert Klemm, Of the Trinity Evangelical Lutheran Church. 2. The Pledge of Allegiance to the flag of the United States ~f America was given. 3. Mr. Sanson questioned whether the minutes of April 10, 1978 ~eet Mr. Canon's approval. The City Clerk noted that there had been two corrections made - one on page 11 and one on page 13. Mr. Sanson stated Mr. Canon was to contact him after the last Council meeting to deliver his suggested changes but he never brought them and, therefore, assumes he is in agreement with these. Mr. Chapin moved for the approval of the minutes of the regular meeting of April 24, 1978, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Sanson moved for the approval of Item 6.e. of the minutes of the regular meeting of April 10, 1978, seconded by Mr. Chapin. Said motion passed unanimously. Mr. Chapin moved for the approval of the minutes of the Special Meeting of May 1, 1978, seconded by Mrs. Durante. Said motion passed unanimously. 4.a. Mr. Scheifley stated he has some very serious allegations based on hearsay and rumor against the Mayor and the City Manager con- cerning the baseball game; he understands that (1) the Mayor is dis- criminating against players over 60 years of age in picking his team, (2) he heard a rumor that the Mayor is using players from the Beauti- fication Committee whose eligibility is questionable, (3) he heard they are having secret practices. As far as the Administration is concerned, Mr. Scheifley stated he understands that the City Manager is using players who are temporary, probationary employees, CETA employees whose eligibility is questionable and he is planning to use five females and four males and that is discriminating against men. Mr. Scheifley suggested that these charges be directed to the Board of Housing. Appeal who has not met in three years as it will give them something to do. 4.b.1. Mr. Sanson inquired as to the status of the Special Activity District Ordinance. The City Attorney noted that it will be on the agenda for Council workshop meeting next Monday night. 4.b.2. Mr. Sanson asked that the City Manager schedule for a work- shop in the near future, a discussion on some items related to the Community Appearance Board and ask that the Chairman be present. This was acknowledged by the City Manager. 4.c.1. The Mayor read a proclamation proclaiming the week of May 14 through May 20 as "MUNICIPAL CLERKS WEEK". 4.b.2. Mayor Weekes stated he would like to discuss the Emergency Ordinance which Council passed last Monday night on restriction of using water for irrigation purposes and a program to include other water conservation measures. To use 50 to 60 percent of the City's treated water for irrigation is a tremendous waste, even if the City had an ample supply of treated water. Mayor Weekes urged the residents to look into the possibility of putting in shallow wells for irrigating their lawns. The cost of it is not prohibitive; it will amortize itself over a period of a few years and would go a long way to conserve the City's precious, treated water. Mayor Weekes noted that if anyone drives past his house, the City Manager's house, and Mr. Sanson's house and think they are not abiding by the law that was passed, it is because they have invested in a well and pump and are not using the City's water supply for the watering of their lawns. The Police Department will enforce the ordinance. He noted that they may have some problems in adjusting the schedule because of the timed sprinklers, but he hopes that the citizens will cooperate in this endeavor. He stated he would also like to see the City of Delray Beach be a forerunner in conserving water from other uses and would like to set for a very early workshop, consideration of other methods of conservation which they might voluntarily seek the citizens to use, such as repair of leaky faucets, reduction of water in the flushing of toilets, which can very readily be done, etc. Mayor Weekes stated he would like to see this Council appropriate a nominal sum of money to advertise in the local press to urge citizens to engage in this, particularly with reference to the scheduling of the lawn sprinkling program. Upon question by the Mayor, the City Manager stated he doesn't think Council needs to make any special appropriation for that, it will just be taken out of the Council's budgeted funds. 5. Ike Kresser, 234 N.E. 17th Street, Delray Beach, questioned the cost to dig the well and put it in operation. Mayor Weekes stated he can only make a guess but $500 should do it. He stated he would like to have one of the local well drillers publish an ad in the paper saying this is what it would cost to sink a shallow well and put in a 1½ to 2 horsepower pump, or whatever it takes. Tore Wallin, 2717 Florida Blvd., Delray Beach, stated the people who live in the east portion of the City cannot get fresh water to use on their lawns. The Mayor stated he understands that there are places in the City where it is not feasible to do this. Mr. Kresser questioned the condition of the water brought up from the wells which is very rusty and will cause a problem to their homes. Mayor Weekes noted that if the sprinkler system is properly installed there is no necessity for getting the water all over your house. It was agreed that Mr. Kresser would go to the Mayor's office and discuss this in more detail. 6.a.1. The City Manager noted that Mr. Ben Toole, the Executive Director of the South County Mental Health Center, is present con- cerning a request he would like to make of the City Council. The City Manager stated he has some additional information that he would like to make following Mr. Toole's request to Council and it concerns Resolution No. 41-78. Ben Toole, Executive Director, South County Mental Health Center, stated his purpose for appearing before Council is to request Council's support for a resolution he hopes Council will adopt to the Palm Beach County Planning and Zoning Board in support of the granting of a special exception which they have applied for. A public hearing will be held next Thursday morning. They have requested a rezoning of some property located very near the Linton Boulevard/ Military Trail area - a 5-acre parcel of land that has been donated to the South County Mental Health Center for their construction of a short-term, residential, treatment facility. The land is currently zoned agricultural; they have gone through the process of requesting the County Zoning Board to grant them a special exception which would allow them to construct those needed facilities. The City Manager stated that this afternoon the Planning Director provided him with three memorandums; each one covering a different subject and each one having to do with an item that is to appear before the County Planning and Zoning Commission and ultimately - 2- 5/8/78 383 the County Commission with regard to rezonings, special exceptions petitions, etc. One of those three concerns the piece of property in question that Mr. Toole described. It is a tract of land that is located on the east side of Military Trail about 700 feet south of Germantown Road. As Mr. Toole stated, the request of the South County Mental Health Center to the County, is that they be granted a special exception to permit the location of a 14,000 square foot building that would house 38 beds for the future proposal to con- struct an additional 12,000 square foot addition to the building at this location. As is normally done in cases of this kind, the City receives notification by the County, the Planning Department determines whether or not the proposed use will be in conformance with the City's Land Use Plan and advises the City Manager accordingly. If found that the instance warrants it, it is brought to the City Council to determine whether they wish the City to take a position. In this particular instance, the City's Land Use Plan shows single family zoning at this location; the use to which the organization wishes to put this land, is not, specifically, listed in the City's single family classification ordinance nor elsewhere in the ordinance. Therefore, it is a questionable area and it is not known where this particular use would be placed in the ordinance. Mr. Scheifley asked what is the recommendation of the Planning & Zoning Board? The City Manager stated that this has not been to them because it is outside the City in the reserve area. The Mayor noted that he discussed this with Mr. Carey and Mr. Carey stated to him that he has no problem with it. Mr. Scheifley was of the opinion that these requests, which are in the City's reserve area and have been covered by the Land Use Plan, should go to the Planning & Zoning Board for their recommendations. The City Manager stated that ideally that is correct and on occasions they do that; however, in some instances, the lead time is so short that there is not time for Planning & Zoning Board's con- sideration. Mr. Scheifley stated he has seen petitions acted on in haste, by the County Commission itself, such as the one on the Delray Hospital, without hearing the other parties and he has no idea what residential development is around this or if there are any objections to this facility in the neighborhood. Mrs. Durante noted that the neighborhood is Blood's Hammock Groves which is just to the east and there are a couple of houses to the south; the area is undeveloped land, which is about 5-acres of land and anything that would develop wouldn't be that close. There would only be one facility like this to a community. Mr. Sanson asked Mr. Toole what does he mean by a~short term residential health care? Mr. Toole stated that specifically, they are talking about a facility to provide immediate emergency evaluation for crisis intervention on a one to three day basis; for those clients who need an extended stay in the facility, they are talking about 3 to 14 days, however, the maximum stay for anybody in this facility would be 30 days. The President's Commission recently submitted their report and they indicated that nationally, patients don't get well in State institutions; that communities have the responsibility for providing a facility. He stated they are not asking City Council to provide this because they have their own means, what they are actually asking is sanction for the location. Mr. Sanson stated they recognize that the surrounding land is undeveloped, but in trying to speak to proposed development, they know that directly south of this there will be, supposedly, an extensive and very high income residential development. The point being that the neighborhood, he would personally hope, would develop into a high income level neighborhood with homes on large lots with a golf course, and possibly tennis courts, etc. - 3- 5/8/78 354 Mr. Sanson stated it is also his hope that along Military, throughout the City boundaries, that the commercial developments will be kept to a minimum and they do not end up with strip commercial zoning down Military as has been on Atlantic Avenue and Federal High- way. He stated he wonders whether this might help in any way to create a commercial atmosphere; this is not a commercial facility per se but whether, in fact, it would hurt the City saying no to future people who might want commercial. Mayor Weekes stated he agrees that this is not a commercial facility and he personally would have no problem whatsoever in saying no to a commercial facility. He would not look at this as an indi- cation or a precedent for commercial one way or the other. The City Manager noted whether this Council takes any posi- tion or not, there is insufficient time for it to go to the Planning & Zoning Board and back to Council to make any input to the County. Mr. Chapin stated he finds himself in a certain amount of reluctance, as a public official, to make a decision without the orderly process of the decision making process being adhered to. His position would be that he does not want to oppose this, but he does not want to speak in favor of it either because he does not think he has all the facts to make an intelligent, logical decision. Upon question by Mrs. Durante, the City Manager stated in most cases, a request such as this would not normally go to the Planning &Zoning Board unless referred to by Council. Mrs. Durante stated that this is a South County Facility and Council is going to have to decide to allow it somewhere so it is a matter of deciding where. Mr. Scheifley moved that Council take no action on Resolu- tion No. 41-78, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - No; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - No. Said motion passed with a 3 to 2 vote. Before the roll call the following discussion was had. Mrs. Durante stated that it takes a lot of money, time and effort to get something like this started. The land has been completely donated to the Center by the Leo Foundation, that's one of the reasons they are asking for the special exception on that piece of property; where would they find a large piece of property that is not surrounded by something that would accommodate it? Mr. Scheifley stated that everything Mrs. Durante says is true but that does not have anything to do with it because the question at hand is whether Council should act on it; there is not enough information on the points that have been brought up about how people in the neighborhood feel about it and the Planning & Zoning Board hasn't acted on it. Mrs. Durante expressed hope that Council would begin to find the information they want, rather than wait until the next time this comes up. Mr. Sanson stated he is very familiar with the activities of the mental health center and recognizes the benefits that that center gives the public at large, and he does not particularly desire to oppose their efforts but he does agree with what has been said. At this point the roll was called on the motion. The City Manager stated as he understands, Council's motion is to take no action on the resolution; Mayor Weekes stated that is correct. The City Manager then asked if Council wants the City to take any action on the memo received, whether or not to make any input to the County on the letter? He noted that the County is - 4 - 5/8/78 385 going to act on this on Thursday of this week with or without the City's input. Mr. Chapin stated he would think if one government asked another government for time to study the question, he thinks they will respect their wishes in the matter. The City Manager asked if he is suggesting that the City ask the County to delay action on this? Mr. Chapin answered, yes, so that they can make the proper response. Mr. Sanson asked Mr. Toole if it is possible to wait a few weeks on this before they have their hearing before the County in order that the County could refer this to the Planning & Zoning Board and Council reconsider it? Mr. Toole stated that it is possible; however, the land was given to them in December, 1977 with a stipulation that in a 12 month period they would have to have some adequate construction going on; they have been trying to get this through the County Planning and Zoning since January and the earliest date now is sometime in June. This is the first public hearing coming up next week. Mr. Sanson questioned if Mr. Toole could get the hearing rescheduled if a majority of Council is concerned as far as having the City's Planning & Zoning Board review this at their next meeting which is the 16th and Council could reconsider it on the 22nd. Mr. Toole stated they already have a schedule of set hearings; they have a public hearing before the Planning & Zoning Board next week, about two weeks after that there is a meeting with the County Commissioners and another two weeks after that there is a County Commissioner's public hearing. Mayor Weekes asked why couldn't the City of Delray have its input at one of those meetings with the County Commissioners and simply say that the City has not had time to arrive at the resolution of the matter, at this time, and will have their input at one of the meetings before the County Commission. Upon clarification request from Mr. Toole, Mayor Weekes stated that the City will not have any response by this coming Thursday and that is not to be assumed that it will be a negative response; it is just that the City has not had an opportunity to investigate it and will have a response at one of the meetings with the County Commissioners. The City Manager stated this will be communicated to the County Commissioners. Mr. Sanson moved that this be referred to the Planning & Zoning Board for consideration at their May 16th meeting, seconded by Mr. Chapin. Said motion passed unanimously. 6.a.2. The City Manager stated that the next two items are in exactly the same vein as the first one. The only thing different is there is no resolution accompanying these and, in each case, Council will determine whether or not it wants to make the City's position known. The Mayor noted that Mr. Kotulla has put "oppose" on one of the three items Council has. The City Manager stated that he put the hand written notes on each item not Mr. Kotulla. The City Manager stated that on the first one, his interpretation was that it was questionable and was his interpretation of Mr. Kotulla's feelings; on item B, his interpretation was it's borderline and on C, his impression was oppose. Mayor Weekes noted that on the third item (c), they are talking about commercial use in an area that the City's Land Use Plan calls single family development and he feels this shouldn't be referred to anybody. - 5 - 5/8/78 Mr. Chapin moved that with regard to the County Rezoning Petition No. 78-115, that this Council go on record with the County Commission opposing the rezoning request, seconded by Mr. Scheifley. Said motion passed unanimously. Before the roll call Mr. Sanson stated that he thinks all of them have debated for some time the aspect of zoning on West Atlantic Avenue between Congress Avenue and Military Trail. They talk about the obvious thing of wanting to annex these pockets and to get out to where they can bring in the major shopping center, Delray Square Shopping Center, and it becomes obvious to him that when these places are built as commercial, the City will, at no point probably, annex them into the City. This is more a question as to the reality of the single family zoning. Mayor Weekes stated he agrees with Mr. Sanson 100 percent that that's what it shows and he thinks that Council has no alter- native at this point on this matter but to stand by the Land Use Plan. The roll was then called on the motion. 6.a.3. The City Manager questioned whether Council would like to discuss item B, which is part of the three items given to Council? Mr. Sanson stated that he knows nothing about this except for the fact that he personally would not like to see automobile repair facilities located at this location and on that basis, he would oppose it. The City Manager noted that this location is the northeast corner of Military Trail and Canal 33. Mr. Sanson stated that if Mr. Kotulla feels that this would come in at CC zoning, that would obviously then be a much more restric- tive commercial zoning; he has no problem in opposing this one, otherwise, he suggests that Council do the same thing with this as they did to the other one and refer it to the Planning & Zoning Board and give no response. It was acknowledged by the City Manager that Council was agreeable to have no response at this time and to have this referred to the Planning & Zoning Board. He noted he will tell the County that the City may want to respond later. 6.b. Mayor Weekes presented the following City Service Awards to: Mr. William H. Conroy, Jr. - Member of the Electrical Examining Board from January, 1974 to April, 1978. Mr. Kenneth Durante - Member of the Civil Service Board from April, 1974 through April, 1978. Mrs. Charlotte Durante - Member of the Planning & Zoning Board from October, 1976 through March, 1978. Mr. William J. Davis - An alternate member of the Board of Adjustment from August, 1976 through March, 1978. The Mayor also presented a plaque to Mr. James H. Scheifley in appreciation of outstanding and dedicated service while serving on the Board of Trustees of the Police and Fire Fighter's Retirement System, City of Delray Beach. - 6- 5/8/78 38.7 6.c. The City Manager reported that Council, at the April 24th meeting, authorized the City Attorney to prepare an ordinance to rezone property in Block 72 between N. W. 2nd Street and N. W. 4th Street on Swinton Avenue. This was an incorrect legal description. The motion should have stated that the City Attorney be instructed to prepare an ordinance so that Block 58 and the south half of Block 57 would be rezoned RM-6 (Multiple Family Dwelling) District from N. W. 2nd Street to N. W. 4th Street facing Swinton Avenue and the balance of Blocks 58 and 57 be rezoned R-lA (Single Family Dwelling) District. Mr. Chapin moved that Block 58 and the south half of Block 57 be rezoned RM-6 from N. W. 2nd Street to N. W. 4th Street facing Swinton Avenue and the balance of Blocks 58 and 57 be rezoned R-lA, seconded by Mrs. Durante. Said motion passed unanimously. 6.d. The City Manager reported that a public auction was held on April 27th at the Public Works building for the sale of one generator. This item was sold to the only bidder and a total of $150 was realized from the sale. Authorization for this sale was given by Council on April 10, 1978 and Council should confirm sale of the surplus property. Mr. Scheifley moved that Council confirm the sale of one generator sold on April 27th for a total of $150, seconded by Mr. Chapin. Said motion passed unanimously. Upon question by Mr. Chapin if it is necessary that Council confirm the sale, the City Attorney advised that the reason for this being on the agenda was because on the agenda of April 10, there was question as to whether to authorize the advertising of the sale or the actual sale itself. 6.e. The City Manager reported that as was agreed at the workshop meeting on May 1st, Council is to give formal consideration to the purchase of the abandoned gasoline station property on West Atlantic Avenue for a total purchase price of $110,000 With $11,000 down pay- ment; the balance to be paid within six months with arrangements being consummated by a legal counsel for the City to take possession of the property immediately upon making the down payment of $11,000, making the improvements to it and using the land. Mr. Scheifley was of the opinion Council should not get involved in any capital expenditures from this point on which will possibly prejudice the fulfillment of previous commitments that have already been made; if he could have some assurance from the City Manager that if the property is purchased, it would not, in any way, prejudice a prior commitment which Council has made for the Delray Beach Country Club, he would then be in favor of this. The City Manager advised he gives that assurance as requested by Mr. Scheifley with a couple of conditions attached to it; they are looking at total improvements, water, sewer, public works com- plex, and the purchase of this site, costing approximately $8% million. The $110,000 is not a large enough item to, in any way, prejudice the City's being able to finance the purchase of the golf course. In this $8% million something like $2 million is for the purchase of the golf course and the necessary lands outside the option to make the 18 holes playable plus fixing up the course and buying equipment. It does not include money for purchasing the extra 16 acres nor for purchasing the third nine holes. Mr. Sanson asked for some clarification as to the method this land would be purchased. In previous conversations, he has agreed with the remarks made and he wasn't too crazy about the manner in which the City is talking about purchasing the property. The City Attorney advised that this is really no problem. Ordinarily, possession of the property would be delivered at closing but a contractual arrangement could be worked out where possession - 7- 5/8/78 would be delivered earlier than closing and the contract could be recorded so that all parties would be on notice as to the City's interest. If you're talking about the improvements that will be required, that's another matter but as long as the City is in con- trol in terms of the dollars required to close, he does not think that is significant either. Mr. Sanson moved that the City Administration be authorized to purchase the land, as outlined fronting on Atlantic Avenue on the map, for the purchase price of $110,000 with ultimate financing to come from funds to be raised by a utility tax revenue bond issue with $11,000 to be paid down from City general funds to be repaid by the utility tax bond issue money, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - No; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had. Mr. Chapin noted he is going to vote against this motion because he does not think this is a high priority item; he feels that by purchasing this, they are playing monopoly with the taxpayers' funds. Mayor Weekes disagreed with Mr. Chapin and stated the City has a definite need for this property as there is a facility which was formerly a service station that could be readily adapted to re- pair of police vehicles. Very little money will be needed to put the hoist back into operation and things of that sort. It could continue to be used after the new public works building has been built and he thinks it could be an ongoing benefit to the City in that regard. Mr. Sanson stated he sees an intermediate use of the building, short-termed that it might be, but he also sees a long term use to the extent that upon the completion of Miller Park and Pompey Park the City could review this property to see if they could upgrade the existing ball field next to it and make a use of half the ground plus this additional land for the benefit of recreational purposes. If in any review, it is found that there is no real, long-term use for this property, he feels confident that the City could resell the land and receive the money back. At this point the roll on the motion was called. 6.f. The City Manager reported that the Standard Terms and Conditions of the three LPW Grants require that an independent audit be made of each project. Estimated maximum fee for each project from May, Zima & Company are as follows: LPW Grant 04-51-00654 Round I Sewers $5,435.00 LPW Grant 04-51-26794 Round II Sewers 3,963.00 LPW Grant 04-51-26797 Barwick Road Water Main 2,955.00 It is recommended that Council retain May, Zima & Company for these audits. Mr. Sanson asked if the monies for these audits will be reimbursed by the federal government or is it part of the grant funds? The City Manager answered that this would be part of the project cost and they would not be reimbursable unless there is sufficient funds within those grants because they have the amounts of the grants now - they are talking about $1,700,000 in grant money. Mr. Scheifley moved that the City Council retain the firm of May, Zima & Company for the audits of the three grants as outlined in the agenda, seconded by Mr. Chapin. Said motion passed unanimously. 6.g. The City Manager reported that on April 10, 1978, Council made a purchase award to Jack Nicklaus Pontiac for a pickup truck with utility body in the amount of $4,980.96. Last week Jack Nicklaus Pontiac advised that their quote was for a standard body and not for - 8 - 5/8/78 389 a utility body, which is needed. They forwarded a quote for a utility body for $5,758.43. Since Adams Chevrolet was the only bidder to quote on a utility body for $5,786.97 and the City Attorney advised that we cannot hold Jack Nicklaus Pontiac to their original quote, it is recommended that the award be made to Adams Chevrolet. There is $5,500 budgeted for this truck and the balance of $286.97 can be made up from other sources in the Parks & Recreation Department. The Mayor noted that the difference in the two bids is about $28.00. Mr. Sanson moved that the award for the utility pick-up truck be given to Adams Chevrolet for $5,786.97 with $5,500 to come from budgeted funds in this year's budget and the balance of $286.97 to be made up from other sources in the Parks & Recreation Department, seconded by Mr. Chapin. Said motion passed unanimously. 6.h. The City Manager reported that it was agreed at the work- shop meeting on May 1st that the City Manager would invite represen- tatives of Cody & Associates, Inc., and Roberts & Associates, the second and third low bidders~ for an interview and that a recommen- dation would then be presented to City Council with respect to the firm to be selected to perform the Pay Plan Study for the City. Representatives of those two firms were invited to meet with him and the Roberts & Associates firm advised that they would not be able to come this week for an interview; in fact, they will not be able to come for three weeks and it will be another six weeks before they could start the study. He then called Cody & Associates, Inc., and their Vice President came down and talked with him and it is his recommendation that the award be made to Cody & Associates, Inc. in the amount of $6,000. If Council makes the award tonight, arrange- ments have been made for the study to start tomorrow at 1:00 P. M.; they are to have the study completed by July 1st, which would be within the City's time restraints and the $6,000 price is reasonable. Mr. Chapin moved that this Council award the contract to Cody & Associates, Inc., for the amount of $6,000 to study the City's Pay Plan and the City's Merit Increase Plan, and to report back to the City Administration by no later than July 1, 1978, so that their recommendations will, hopefully, be incorporated in next year's annual budget, seconded by Mr. Sanson. Said motion passed unanimously. 6.i. The City.Manager reported that Council informally agreed, at the workshop meeting on May 1st, to enter into an agreement with the Plam Beach County Solid Waste Authority for three years beginning November 1, 1978 and terminating October 31, 1981. This contract is agreeable to the administrations of Boca Raton, Delray Beach and the Solid Waste Authority as well as the City Attorneys of Boca Raton and Delray Beach. The City Attorney suggested that Council's approval be sub- ject to the City and the authority entering into a satisfactory lease arrangement for the facilities. The City Manager noted that this would be by separate instrument at a later date and he fully agrees with the City Attorney. Mr. Chapin moved that Council enter into an agreement with the Palm Beach County Solid Waste Authority for three years beginning November 1, 1978 and terminating on October 31, 1981 subject to a satisfactory lease between the City and the authority, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call Mayor Weekes asked the City Attorney if he can vote on this issue since he has to sign the document on be- half of the City as the Mayor and he will also have to sign the document on behalf of the Solid Waste Authority of which he is a member. The City Attorney stated that he could still vote on it as long as it does not go to his own private interest - it is public interest as opposed to private interest and he can, therefore, vote. - 9- 5/8/78 Upon question by Mr. Scheifley as to who presently owns the facility, the City owns the ground, the City Manager answered, Waste Management. Mr. Scheifley then asked if Waste Management will sell it to Solid Waste Authority and that the City will still own the land but the lease will be for that purpose? The City Manager stated that is correct. Upon question by Mr. Sanson for a clarification of whether or not the City acutally owns that land, it was noted that, yes, the City owns that land - it is part of the dump. Mr. Sanson stated he would be very hopeful that by the time 1981 rolls around every effort will be made to tear down this facility and move it elsewhere so that Miller Park can have the full aesthetic, environmental quality it deserves. He stated he feels that perhaps with some increased planning, this could have been prevented right now and they could have seen this facility on the way out. At this point the roll was called on the motion. 6.j. The City Manager reported that it is recommended that Council approve an easement deed between the City and the Delray Beach Housing Authority for a water supply well and water main installation on the Stewart Arms property. Mr. Scheifley moved that Council approve an easement deed between the City and the Delray Beach Housing Authority for a water supply well and water main installation on the Stewart Arms property, seconded by Mrs. Durante. Said motion passed unanimously. 6.k. The City Manager .reported Council, at the workshop meeting on May 1st, agreed informally to the reappointment of Willard Young, as a regular member of the Financial Advisory Board, to a two-year term ending April 12, 1980; the appointment of Brian Pfeifler, as a regular member, to a two-year term ending April 12, 1980; the appoint- ment of Thomas Smith, as a regular member, to the unexpired term of Walter H. Anstey ending April 12, 1979; and the appointments of Frederick Blaser and Terry Braun, as alternate members, to two-year terms ending April 12, 1980. Mr. Chapin moved for the reappointment of Willard Young, as a regular member, to the Financial Advisory Board to a two-year term ending April 12, 1980, the appointment of Brian Pfeifler, as a regular member, to a two-year term ending April 12, 1980, the appoint- ment of Thomas Smith, as a regular member, to the unexpired term of Walter H. Anstey ending April 12, 1979, and the appointments of Frederick Blaser and Terry Braun, as alternate members, to two-year terms ending April 12, 1980, seconded by Mrs. Durante. Said motion passed unanimously. 6.1. The City Manager reported that Council informally decided, at the May 1st workshop meeting, to appoint Leo Blair as a member of the Planning & Zoning Board to the unexpired term of Charlotte Durante ending September 28, 1981. Mrs. Durante moved for the appointment of Leo Blair, as a member of the Planning & Zoning Board, to the unexpired term of Charlotte Durante ending September 28, 1981, seconded by Mr. Sanson. Said motion passed unanimously. Mr. Sanson stated he had an opportunity to talk to Mr. Blair in trying to determine his feelings about land use planning and he did relate that he owned a large piece of property here in town. When he bought it, it was zoned 40 units per acre and it is now down to 10 and he has never objected. Mr. Sanson stated he thought that was very good credentials. 6.m. The City Manager reported that Council informally agreed, at the May 1st workshop meeting, to the appointment of George Armas as a regular member of the Community Appearance Board, to the un- expired term of Frances Thompson ending August 25, 1978 and the appointment of Donald A. Goodrum, as an alternate member, to the - 10 - 5/8/78 391 unexpired term of George Armas ending August 25, 1978. Mr. Chapin moved that George Armas be appointed, as a regular member of the Community Appearance Board, to the unexpired term of Frances Thompson ending August 25, 1978 and the appointment of Donald Goodrum, as an alternate member, to the unexpired term of George Armas ending August 25, 1978, seconded by Mr. Sanson. Said motion passed unanimously. 6.n. The City Manager reported that, at the workshop meeting on May 1st, Council informally agreed to appoint Robert Fellows as an alternate member on the PERC Commission. Mrs. Durante moved for the appointment of Robert Fellows, as an alternate member on the PERC Commission, for a term ending March 13, 1982, seconded by Mr. Chapin. Said motion passed unani- mously. The City Manager stated that the City Attorney has recommended that Council take an additional action on this which is to appoint the present three members of the PERC Commission to terms as provided by the last ordinance, which approval was March 13, 1978. If this is done, he stated he could give the expiration dates of the terms of the three members to be incorporated into a motion. Kelly Brown's term would expire March 13, 1979, Dr. John Miklos' term would expire March 13, 1980 and John Saracino's term, the chairman, would expire March 13, 1981. The City Attorney recommends that those appointments be made in that manner. Mr. Sanson asked if this is in line with the State law, and the City Attorney answered, yes. Mr. Chapin questioned if they have been contacted and are willing to serve for that length of time? The City Manager stated that they have not been contacted because this just came up late today but the City Attorney has asked him to ask all of them to acknowledge their acceptance in writing. Mr. Sanson moved for the appointment of Kelly Brown, as a member of the PERC Commission, to a term ending March 13, 1979, Dr. John Miklos to a term ending March 13, 1980, and John Saracino to a term ending March 13, 1981, seconded by Mrs. Durante. Said motion passed unanimously. 7.a. Mayor Weekes acknowledged the minutes of the Beautification Committee meeting held on April 5, 1978. He noted that attached to those minutes was a recommendation from the Beautification Committee dated April 6th regarding the beautification of the beach. The City Manager stated that is on the schedule for workshop. Mayor Weekes stated that, at that time, Council will consider the Beautification Committee's recommendation. Mr. Sanson stated that in line with the next to the last paragraph on the front page, some of the garden clubs in town are getting very interested in trying to see what they can do about getting a more aesthetically pleasing appearance in the cemetery. He stated he brought up to that board that the City had applied for Federal money to look at the landscaping out there but could not give them a report as to the status of that application. He asked the City Manager if he could get an update on that and maybe see that Mr. Oprazadek receives it. 7.b. The City Manager reported a communication has been received from the Area Planning Board dated April 25th requesting A-95 Clearinghouse review and comments relative to the Palm Beach County Health Department proposal for voluntary light-duty vehicle inspection/ maintenance program. Council has a copy of a letter dated May 1st from the City Manager to the APB stating that the City anticipates no major problems or criticisms of this program and that in support of this type of program, the City adopted Resolution No. 32-78 - 11'- 5/8/78 advocating air quality planning. Council may either concur with the City Manager's letter or state its disapproval. Mr. Sanson moved that Council sustain the letter dated May 1st that the City Manager sent to the Area Planning Board relative to the Palm Beach County Health Department proposal for voluntary light-duty vehicle inspection/maintenance program, seconded by Mr. Chapin. Said motion passed unanimously. Mr. Sanson stated that the resolution Council passed on air quality was sent to the Metropolitan Planning Organization and just for future reference, somebody from this Council will probably always be sitting on that board and it is going to become an extremely important board in its deliberations of transportation planning in Palm Beach County. Mr. Chuck Potter pointed out to him last week that many counties in the state of Florida, in an effort to slow down the growth of bureaucracy and agencies similar to-this, have amended the title of those organizations to Metropolitan Transpor- tation Planning Organizations because many of the bureaucrats are now trying to substitute things into the workings of these boards, the deliberation of them, such as air quality, planning and obser- vation, environmental concerns, etc., which go way beyond the, in his opinion, spectrum of what the board is really intended, which is the local transportation planning. 7.c. The City Manager reported a communication has been received from the Area Planning Board dated April 25th requesting A-95 Clear- inghouse review and comments relative to the FHA Woods of Southridge Subdivision. Council has a copy of a letter dated April 28th from the City Manager to the APB stating that from a planning and zoning aspect, there are no problems with the feasibility of the proposed project. Although, this parcel of land is not presently within the City of Delray Beach, the City's Land Use Plan designates this area for single family development, which is what is planned. Council may either concur with the City Manager's letter or state its dis- approval. This is a single family development area consisting of 123 lots on approximately 19 acres of land and is in conformance with the City's Land Use Plan. The City Manager stated that the City was under a water main extension moratorium and the City was giving no commitment with regard to utilities at this time. Mr. Scheifley moved that Council approve the letter that was sent on April 28, 1978, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call Mr. Sanson stated that this is the same project that has been discussed before. He has not had the time, nor probably will, to sit down and completely analyze this to pre- sent his findings to Council. But, primarily, he has tried to look at this and he thinks there are some real problems with this project. Simple mathematics leads him to believe that this thing is very questionable in regards to it being termed single family under the conditions of the City's current lot sizes and setbacks and zoning classifications in the zoning code. Mayor Weekes stated that it is in conformance with the City's Land Use Plan and unless there are some very serious concerns about the project, he would, therefore, vote to sustain the City Manager's letter. At this point the roll was called on the motiOn. 7.d. The City Manager reported that a communication has been received from the Area Planning Board dated April 25th, requesting A-95 Clearinghouse review and comments relative to the Gulfstream Areawide Council on Aging Capital Assistance for Private Non-Profit Corporations. Council received a copy of a letter dated April 27th from the City Manager to the APB stating that the proposed capital - 12 - 5/8/78 393 assistance when completed will have no adverse effect on the natural, social or economic environment. This is for the bus for senior citizens for which federal funds are being sought. Council may either concur with the City Manager's letter or state its disapproval. Mr. Sanson asked for a clarification and asked if the City is applying for these funds. The City Manager stated that funds were applied for a long time ago. Mr. Sanson stated he thought the committee did and that the City allocated the funds. The City Manager advised that he has sent in a few pieces of paper for the funds and he is sure that Gulfstream has too; the City is~to put up a small percentage of the cost and is a party to the application. Mr. Scheifley moved that Council approve the letter that was dated April 27, 1978 by the City Manager concerning this item, seconded by Mr. Chapin. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 36-78, requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural) (County) to R-1AAA (Single Family Dwelling District) (City), west of the E-4 Canal, between Germantown Road and the L-37 Canal, is before Council for passage consideration. The Planning & Zoning Board, at a meeting held on March 21st, recommended by unanimous vote that the property be annexed subject to R-1AAA zoning. Council, at the March 28th meeting, authorized the City Attorney to prepare the resolution. The City Manager presented Resolution No. 36-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PE~{ISSION FROM THE BOARD OF COUNTY COM- MISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062(2), TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AG (AGRICUL- TURAL) TO THE CITY'S ZONING CLASSIFICATION R-1AAA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 36-78 is on file in the official Resolution Book.) Mr. Chapin moved for the adoption of Resolution No. 36-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Sanson asked if there was anyone present on behalf of the applicant; there was none. He noted that this is the piece of property which will almost abut the health center. 8.b. The City Manager reported that Resolution No. 37-78, vacating and abandoning a 10-foot strip of land located on the south side of a 30-foot City easement which is part of Lot 11, Block 1, Osceola Park, located in Section 21-46-43 at the southwest corner of the intersection of the Intracoastal Waterway and S.E. 5th Street if extended east, is before Council for passage consideration. The reason for the abandonment is to allow the petitioner to use the 10 feet for measuring building setbacks. Council, at its meeting on April 24th, authorized the City Attorney to prepare the resolution. The City Manager presented Resolution No. 37-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 10 FOOT STRIP OF LAND LOCATED ON THE SOUTH SIDE OF A 30 FOOT EASEMENT WHICH IS PART OF LOT 11, BLOCK 1, OSCEOLA PARK. - 13 - 5/8/78 3§ 4 (Copy of Resolution No. 37-78 is on file in the official Resolution Book.) Mrs. Durante moved for the passage of Resolution No. 37-78, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Resolution No. 38-78, requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RS (Residential Single Family) (County) to RM-10 (Multiple Family Dwelling District) (City) on the east side of Frederick Boulevard, between Avenue "H" and Avenue "J", is before Council for passage consideration. The Planning & Zoning Board, at a meeting held on October 18, 1977, recommended by unanimous vote that the property be annexed subject to RM-10 zoning. Council, at its meeting on November 14, 1977, authorized the City Attorney to prepare the resolution. The City Manager presented Resolution No. 38-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COM- MISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS(RESIDENTIAL SINGLE F~ILY) TO THE CITY'S ZONING CLASSIFICATION RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT. It was questioned as to why it has taken so long for this resolution and the following resolution (Resolution No. 39-78) to come back to Council. Mr. Carey noted that the petitioner's name, for one reason, has changed from Dubin to HDV Construction Corp. Mrs. Durante moved for the adoption of Resolution No. 38-78, seconded by Mr. Sanson. There was no roll call on this, but the following discussion was had. It was noted by the City Clerk, upon question by the Mayor, that the deed to this property has always been in the name of HVD, Dubin was the representative. Mr. Chapin noted that Mr. Medlen stated publicly that he is all for adopting the County Land Use Plan but he is being frustrated in his efforts by the municipalities. Action of this type leads to remarks such as this, whichre facetious and not well taken. Mayor Weekes stated that this is a unanimous vote of the Planning & Zoning Board and unfortuantely there are a few areas where the City and County don't agree. Mr. Sanson stated this is the property which currently has the trailer park on it; Mr. Carey advised that part of the property has a trailer park on it. Mr. Sanson noted that he questioned the posture of this City towards a trailer park now being in the City in terms of (1) what happens when one trailer leaves - can another one come in and park in its place? (2) is the guy allowed to add another 25 trailers? (3) is he going to have to get them all off? Some three years ago, the Health Department tried to order the City to provide water and sewer to all trailer parks and annex them in and it was a 4 to 1 vote that Council did not want to go ahead with that; they wanted no trailer parks. Mr. Sanson stated he was the one who said let's go on ahead on the basis that if they ever want to get rid of them, this is the only way to do it. You have to get them into the City and eventually and hopefully, for some reason, they will close down or something and then they won't be allowed to reopen; therefore, he is seriously asking Council to consider the reality of - 14 - 5/8/78 395 this - how are you going to get rid of them unless some rules are established now to insure some controls over whether or not new trailers can move in or be replaced or whatever. The City Attorney advised it could be a non-conforming use just like any other use not covered in the zoning code; If you would discontinue the use for more than 180 days continuously, then they would lose the use. He would not say that if one trailer moved out that no trailer could move back in. Mr. Sanson questioned that if there are 25 trailers there now and five trailers moved out and were gone for over 180 days, those five trailers could not move back in; the City Attorney stated they would construe that as a partial termination. Mr. Sanson then questioned what if there were 25 trailers and they tried to put in 26; the City Attorney stated that would be an expansion of a non-conforming use, which is prohibited. Mr. Sanson noted that someone will have to determine the status of that trailer park and keep very close tabs on it. He would suggest that before Council takes this action, or while they do it, that they instruct the City Administration to make sure they take an adequate look at that piece of property to control it. Mayor Weekes noted that this property and the one following are located adjacent to each other and that they are all part of the same parcel of land. The petition is asking for SC zoning on one and RM-10 on the other and before Council annexes this property, he would like to talk to the owner and find out from him what his develop- ment plans really are. Mr. Sanson noted that there is a trailer park that just went through an extensive renovation across the street and they doubled by a third the number of trailers located there. He would not think it would be economically unfeasible for the petitioner to consider full scale development. Mr. Chapin moved that Council table this item, 8.c, and the next item, 8.d., of tonight's agenda, for further deliberation, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. Resolution No. 39-78, requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RS (Residential Single Family) and CG (General Commercial) (County) to SC (Specialized Commercial District) (City) on the east side of U.S. No. 1 between Avenue "H" and Avenue "J", was tabled in the motion made for item 8.c. of tonight's agenda. Mr. Sanson requested that when these items come up for further discussion, the City Attorney's office make sure that their analysis of this, from a legal basis, is correct in regards to the petitioner expanding or decreasing, and what could be done eventually to phase out the trailers. This was acknowledged by the City Attorney. Mayor Weekes noted that he would like to meet with the petitioner at a workshop before it comes back on the table. This was acknowledged by the City Manager. 8.e. The City Manager reported that Resolution No. 40-78, accepting the water main extension, Barwick Road Loop, as operational and final payment to be made to Plantation Construction Company, Inc., in the amount of $12,906.75, is before Council for passage consideration. The total construction cost was $132,361.50, $2,628.50 less than the amount bid. The City Manager presented Resolution No. 40-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING THE 12" D.I.P. WATER MAIN EXTENSION, BAR- WICK ROAD LOOP, EDA NO. 04-51-26797 AND RELATED FACILITIES LOCATED AT A POINT OF - 15 - 5/8/78 .39 BEGINNING AT WEST ATLANTIC AVENUE, THENCE IN A NORTHERLY DIRECTION ON BARWICK ROAD TO THE INTERSECTION OF LAKE IDA ROAD AND BARWICK ROAD, THENCE IN AN EASTERLY DIREC- TION FOR A DISTANCE OF 2,180' ON LAKE IDA ROAD TO CHATELAINE BOULEVARD, CITY OF DELRAY BEACH, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY THE SAID UTILITIES. (Copy of Resolution No. 40-78 is on file in the official Resolution Book.) Mr. Chapin moved for the adoption of Resolution No. 40-78, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 18-78, rela- tive to rezoning and placing land presently zoned RM-15 (Multiple Family Dwelling) District in RM-6 (Multiple Family Dwelling) District located on the north side of S. W. 10th Street between S. W. 15th Avenue and S. W. 12th Avenue, is before Council for passage considera- tion on Second and FINAL Reading. This ordinance was passed on First Reading at the April 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. 18-78: ~N 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 FAMILY DWELLING) DISTRICT, REPLAT OF PORTIONS OF DELRAY BEACH HEIGHTS EXTENSION SECTION "A" & "B", BLOCK 4, LOTS 1 THROUGH 16; BLOCK 6, LOTS 1 THROUGH 14; BLOCK 8, LOTS 1 THROUGH 14; BLOCK 9, LOTS 1 THROUGH 7 AS RECORDED IN PLAT BOOK 28, PAGE 171, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE NORTH SIDE OF S. W. 10TH STREET BETWEEN S. W. 15TH AVENUE AND S. W. 12TH AVENUE, AND AMENDING "ZONING MAP OF DEL- RAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 18-78 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. A public hearing was held having been advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Dan Kotulla, Planning Director, City of Delray Beach, stated that although Council is considering this , so to speak, as an iso- lated parcel of land, originally this was part of the 73 some odd parcels of land the City had for rezoning under the comprehensive rezoning for the entire City. Their original intent in rezoning this piece of property from RM-15 down to RM-6, was that one of their main goals in developing the Comprehensive Land Use Plan was reducing the overall saturation population of the City, not in any one area, but overall. What they did in order to accomplish that goal was look at all parcels throughout the City (vacant) and then systematically go through and analyze each one; in almost all instances, all vacant parcels had their density reduced in one form or another. - 16- 5/8/78 397 This was not one piece of property that was singled out; they went through the entire four quadrants of the City. Upon question by Mr. Scheifley, Mr. Kotulla stated the Planning & Zoning Board's recommendation was from RM-15 to RM-6. The public hearing was closed. Mrs. Durante moved for the adoption of Ordinance No. 18-78 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No; Mr. Scheifley - Yes; Mayor Weekes - No. Said motion passed with a 3 to 2 vote. 8.g. The City Manager reported that Ordinance No. 23-78 is before Council for passage consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 9 "Building Code" of the Code of Ordinances relative to flood hazards. This ordinance was passed on First Reading at the April 24th meeting. This ordinance includes revisions to the National Flood Insurance Program regulations which must be adopted by June 1, 1978 or the City's eligibility in the National Flood Insurance Program will be suspended. 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. 23-78: 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 REPEALING SECTION 9-6.10 AND ENACTING A NEW SECTION 9-6.10 RELATING TO FLOOD DAMAGE PREVENTION IN ALL AREAS OF SPECIAL FLOOD HAZARD WITHIN THE JURISDIC- TION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING FORTH A STATEMENT OF PURPOSE OBJECTIVES, DEFINING SPECIFIC WORDS AND PHRASES, INCORPORATING BY REFERENCE THE FLOOD INSURANCE RATE MAP OF JULY 16, 1976, AND REVISIONS THERETO, ESTABLISHING A DEVELOPMENT PERMIT, PROVIDING FOR PENAL- TIES FOR VIOLATION, DESIGNATION OF CHIEF BUILDING OFFICIAL AS ADMINISTRATOR AND SETTING FORTH ADMINISTRATOR'S DUTIES, PROVIDING PERMIT AND VARIANCE PROCEDURES, SETTING FORTH STANDARDS FOR FLOOD HAZARD REDUCTION AND SUBDIVISION PROPOSALS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 23-78 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. Mr. Chapin moved for the adoption of Ordinance No. 23-78 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Sanson stated that on the last page of this ordinance there is a Section C, STANDARDS FOR SUBDIVISION PROPOSALS, and questioned if there is a need to have this tied into the Subdivision ordinance to make sure that any provision of this ordinance is clearly spelled out in the Subdivision ordinance as well. - 17 - 5/8/78 The City Attorney stated that you can place a provision in the ordinance that would place a reference in both ordinances for a cross-reference that will, in fact, be indexed when the codification project is finished so that you will be able to identify it. Mr. Sanson noted that there is also a point on page 8 where criteria is specifically spelled out for the Board of Adjustment's consideration and asked how are they made aware of that. The City Attorney stated that they would be made aware of that through Mr. Shandy who represents the Board of Adjustment. At this point the roll was called. 8.h. The City Manager reported that Ordinance No. 26-78, amending Chapter 29 "Zoning" of the Code of Ordinances, relative to conversion of dwelling units, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the April 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be heard. The City Manager presented Ordinance No. 26-78: MN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-17 "SUPPLEMENTARY REGULATIONS" BY ADDING A NEW SUBSECTION (S) CONVERSIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 26-78 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. Mrs. Durante moved for the passage of Ordinance No. 26-78, amending Chapter 29 of the Zoning Code of Ordinances, on Second and FINAL Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.i. The City Manager reported that Ordinance No. 27-78 is before Council for passage consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances, relative to allowing trellises to be constructed within setback areas. This ordinance was passed on First Reading at the April 24th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 27-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-1 "DEFINITIONS" TO ADD TRELLIS; AMENDING SECTION 29-17 "SUPPLEMENTARY REGULA- TIONS'' (G) TO PERMIT TRELLISES IN SET- BACKS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 18 - 5/8/78 399 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. Frank Carey, Chairman of the Planning & Zoning Board, requested that Council refer this back to the Planning & Zoning Board. He stated he is very uneasy about this; Council is going to act on another ordinance in about a week or two allowing pools within the setback areas with no enclosures. But some clever person could take the trellis ordinance and cleverly run a trellis out over the pool and the next thing you know he would have a screen enclosure which is not the intent of the swimming pool ordinance. Mr. Carey stated he thinks this whole thing should be reconsidered. The public hearing was closed. Mr. Scheifley moved that Council table this ordinance and refer it back to the Planning & Zoning Board, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.j. The City Manager reported that Ordinance No. 28-78, amending Chapter 29 "Zoning" of the Code of Ordinances relative to establishing a new procedure for submission and approval of common properties documentation, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the April 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing is scheduled to be held at this time. The City Manager presented Ordinance No. 28-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-6(P) (1), SECTION 29-7(P) (1), SECTION 29-8(P) (1), SECTION 29-8.1(R)(7), SECTION 29-8.2 (R) (7) , SECTION 29-8.3(R) (7) ESTABLISH- ING A NEW PROCEDURE FOR THE SUBMISSION AND APPROVAL OF COMMON PROPERTIES DOCU- MENTATION IN MULTIPLE FAMILY DEVELOP- MENTS; 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. Mr. Carey stated he has a real problem with this ordinance and that it has been expanded considerably from the ordinance that is currently in the code. He noted that on page 2, section B, sub- paragraph which begins "As a part of and at the time ......... "is the paragraph that he has problems with; he can foresee this as resulting in long delays in the approval for site plans - this is not part of the present ordinance. The public hearing was closed. The City Attorney stated that the reason this was put in this way was because the original provision in the ordinance provided that the approval would come before the issuance of building permits. In light of the problem that was created because of having that pro- vision in the ordinance, this provision was included so that the applicant would know at the time he filed the application with the Planning Department that the application wouldn't be accepted unless - 19 - 5/8/78 he, at least, submitted a proposed form of documentation. At the same time, that approval for the application would not leave the Planning & Zoning Board until such time as he actually had the approval. He stated he does not think it will result in undue delays by having that kind of frame work. Mr. Weekes stated that the applicant can't get an approval until he has approval from the City Attorney's office but he could be processing the application through Planning & Zoning during that interim period; the City Attorney confirmed this statement. Mr. Chapin asked the City Attorney to enighten Council as to whether or not his office can process these within 60 days from the time of receipt. The City Attorney stated, yes, he thinks they can. Mr. Chapin stated that the substantial fear that has been raised by Mr. Carey and Mayor Weekes is that the City may be under- staffed and the City Attorney's required approval may delay further the permitting process which is considered substantial. He stated he will not vote for this until he can be assured that the City has adequate legal services to, in no way, delay further, above and beyond the six or seven City departments that must approve these various multifamily development plans. The City Attorney stated that he thinks 60 days is an adequate amount of time to review the documentation and this requirement of review is something that currently exists in the process now; the ordinance is just changing where in the process it is going to come. The reason the ordinance is before Council, or the reason it was amended, is because an ordinance was passed in January with a re- quest by Council to the City Attorney's office to come back with an amendment to the ordinance. The concept of the ordinance itself originates in the zoning code that was adopted in March, 1976. The City Attorney stated he personally feels that this particular section of the Code is something he is going to want Council to take a look at anyway because he has serious questions about the whole concept and the whole section. He noted that in the event that the ordinance is not adopted tonight, there will, in effect, be no require- ment of this type in the Code. During the discussion between the City Attorney and Mr. Carey, it was noted by the City Attorney that this ordinance specifically divides the developments between those who filed for a site and development plan prior to May 9th; if someone is amending a plan that was filed prior to May 9th, he would not try to go back and oppose the requirement. He stated he thought about this and it would be very unfair to try to impose that kind of requirement. Mayor Weekes stated that for the record, in view of the City Attorney's reservations about the necessity of-the City requiring this in the first place, and his concerns for increased burden on already overburdened people in this City who are trying to build and develop, he is not going to support it. The City Attorney outlined and explained what the ordinance does and its purpose. Mr. Chapin stated that before actually adopting this ordinance on Second and Final reading, he thinks they will be better served by taking a long look at the entire question on the merits. Upon question by Mr. Sanson, the City Attorney explained why the ordinance was prepared and brought before Council now and why the ordinance, adopted in January, was prepared and brought to Council. Mr. Sanson questioned whether this is providing an inconven- ience to Mr. Siemens, which is the impression he gets. The City Attorney stated that this does not relate to Mr. Siemens at all; he has had serious reservations about this for a long time. He stated as he sees one type of development come through and review the - 20 - 5/8/78 different sets of documents, several questions were raised in his mind because of those documents and because of the type of develop- ments that went through. Mr. Chapin moved that this item be tabled, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Mr. Chapin left the room at 9:15 P. M. and returned at 9:18 P. M. 8.k. The City Manager reported that Ordinance No. 14-78, amending Chapter 29 "Zoning" of the Code of Ordinances relative to zero lot line developments, is before Council for passage consideration on First Reading. Council, at the March 28th meeting, referred the ordinance back to the Planning & Zoning Board for further study and recommendation. The Planning & Zoning Board's recommendations have been incorporated in the ordinance. This was discussed at the May 1st workshop meeting. The City Manager presented Ordinance No. 14-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES 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 RM-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. Sanson requested an explanation of this ordinance in layman's terms. Mr. Carey stated that they have always had trouble with this ordinance when they got down to the garage whether attached or unattached. Now the garage is addressed entirely differently, it states now "Provided, however, that the attached garage shall be placed contiguous to the side property line that the principal structure is located, provided the sum of the two (2) required side setbacks exists on the opposite side property line". He confirmed the statement that there is a double setback on one side and no setback on the other. Mr. Sanson questioned if there is still the possibility that two buildings could be right next to each other; Mr. Carey answered no way in the world. Mr. Carey stated, upon question by Mr. Sanson, that this ordinance gives the dimensions as to where exactly the setbacks are. Mr. Scheifley moved for the adoption of Ordinance No. 14-78 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.1. The City Manager reported that Ordinance No. 29-78, amending Chapter 29 "Zoning" of the Code of Ordinances relative to allowing extension of the 60-day time limit for action by the City Council upon waiver by the property owner, is before Council for passage consideration on First Reading. This was discussed at the workshop meeting on May 1st. - 21 - 5/8/78 The City Manager presented Ordinance No. 29-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-23(B) (4) TO ALLOW EXTENSION OF THE SIXTY (60) DAY TIME LIMIT FOR ACTION BY THE CITY COUNCIL UPON WAIVER BY THE PROPERTY OWNER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption of Ordinance No. 29-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.m. The City Manager reported that Ordinance No. 30-78, amending Chapter 29 "Zoning" of the Code of Ordinances relative to independent trustees, is before Council for passage consideration on First Reading. This was discussed at the May 1st workshop meeting. The City Manager presented Ordinance No. 30-78: .AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BE~CH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-1 DEFINI- TIONS TO ADD A NEW SUBSECTION "INDEPENDENT TRUSTEES"; ~ENDING SECTION 29-7(C) (11) AND 29-8(C) (12) TO INCLUDE INDEPENDENT TRUSTEES AS A CONDITIONAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of t~e ordinance. Mr. Sanson moved for the adoption of Ordinance No. 30-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9.a. The City Manager reported that an application has been received from Rhodes B. and Jessie H. Baker to annex a 9.31 acre parcel of land, subject to RM-10 (Multiple Family Dwelling) District. The property is presently vacant and the proposed use is for multiple family housing. The subject property is in'Section 30-46-43 and is located at the southeast corner of the intersection of Germantown Road and S. W. 22nd Avenue. The Planning & Zoning Board, at a meeting held on April 25th, recommended by unanimous vote, that the property be annexed subject to the RM-10 zoning. Council may authorize the City Attorney to prepare a resolution to the Palm Beach County Board of 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. Scheifley moved that Council accept the recommendation of the Planning & Zoning Board and direct the City Attorney to prepare a resolution annexing this property as RM-10, seconded by Mr. Sanson. Said motion passed unanimously. Along with Mr. Sanson's second to the motion he stated that this will be another situation along the line with Mr. Medlen's feelings about Council, because they are going to want it single - 22 - 5/8/78 4O3 family. They normally want single family from any change from agri- cultural. He stated that he just pointed it out because in some manner somebody should give an explanation before the County Commis- sioners as to why the City is doing this - they don't understand it. 10. The City Manager recommended that Council authorize payment of the City's bills. Mr. Chapin moved that Council ratify payment of the City's bills, seconded by Mr. Scheifley. Said motion passed unanimously. General Fund ................. $567,835.57 Utilities Tax Fund .............. 3,990.00 Fed. Public Works Fund ............ 14,368.80 Water & Sewer Fund .............. 88,789.32 11. Mr. Sanson informed Council that on Thursday, he will be attending a meeting of the Florida League of Cities Legislative Con- ference, the Palm Beach Municipal League is scheduling a luncheon for all delegation members that day, and if the City Administration or any member of Council have a particular interest in any bills that legislation is now pending, feel free to convey that to him. Mr. Scheifley stated that on this bill pending for annexing an enclave before the development of it, he hopes Mr. Sanson tells them they have unanimous support of Council. Mr. Sanson moved,at 9:28 P. M., for the adjournment of the meeting, seconded by Mr. Chapin. Said motion passed unanimously. 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 May 8, 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. - 23 - 5/8/78