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05-22-78
MAY 22, 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 22, 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 (arrived at 7:03 P.M.), Aaron I. Sanson, IV., and James H. Scheifley, present. 1. The opening prayer was delivered by Reverend Andrew Hall, First Baptist Church of Delray Beach. 2. · The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Chapin moved for the approval of the minutes of the regular meeting of May 8, 1978 and the special meeting of May 15, 1978, seconded by Mr. Sanson. The motion passed unanimously. 4.a.1. Mr. Chapin noted that last December he distributed to members of Council an agenda of items he would like to see resolved. He added he is very pleased that those 11 items are well under way. He would like to see action on the following items: 1. Consolidation of the five advisory boards. 2. City Beautification Committee has recommended to Council certain action with the beach vegetation program. Council should take action on this. 3. City Council should engage in an annual review of long range planning for capital improvements and the Council should review, in depth, Mr. Carey's memo of April 4, 1978 regarding the impact of development on the community. 4. That Council would have a meeting, on an annual basis, with the Housing Authority to look into the substandard housing situation. 5. A proposal was made last year by the Planning & Zoning Board to talk about the possibility of a liaison officer between the Planning & Zoning Board and the Building Department. The Building Department is in approval of this and Council should, as a matter of policy, act on this. 6. All the rezonings have been completed with a couple of technical exceptions. One is the Mackle property and the other is the Brennan property and the Roberts rezoning is on tonight's agenda. Also the rezoning of the Sherwood Shopping Plaza is unresolved. With these completed, all the properties will be in accord with the Land Use Plan. 4.a.2. Mr. Chapin stated he hopes that the administration and the various departments would take into consideration the concept of physical fitness in the Police and Fire Departments. He is hoping to receive a report from the administration as to the advisability and acceptability. 4.a.3. Mr. Chapin spoke in reference to an article regarding recycling and "the conservation of waste paper which was in the May issue of the Municipal Record. There are some very interesting developments in that regard and it would be a great benefit to this community. 4.a.4. Mr. Chapin stated he would like to see a workshop meeting on Dr. Farber's letter of May 15th regarding 10 acres at the Delray Beach Country Club to be set aside for tennis purposes. He added 1978 may be the year of golf and he is hopeful that 1979 will be the year of tennis. 4.b.1. Mr. Sanson stated he has in his possession a copy of the A-95 Review sheets that are given out at the Regional Planning Council of which he is a member. On page four of that document, there is an item for the town of Juno Beach in which they are asking for federal funds in the amount of $2,540,000 to construct a direct filtration water treatment plant. It appears to him that there is someone else who is very interested in the issue of direct filtration and added he will report back to Council pending further developments. 4.b.2. Mr. Sanson added two of the other items he had were covered in Mr. Chapin's remarks. One of those items was the consolidation of the five advisory boards; he hopes this can be done in the very near future. The other item is he, too, is very anxious to consider the Planning & Zoning Board's memo regarding development impacts. He spoke in reference to the newspaper article relative to street lighting requests from the Bass Creek development. This is an item where, with proper planning and proper requirements in the overall aspects of their site plan review, that Council could have mandated street lighting costs to be put in by the developer and Council would not have to be faced with the item of where the money will come from. Along those lines, he (Sanson) was quoted as saying he hadn't been contacted by anybody from Tropic Palms or Bass Creek. He noted that during the course of the day, he has been contacted and asked the City Manager for a brief update of this situation. The City Manager replied he has already responded to the president of the Homeowners Association of Tropic Palms. The City's entire street lighting budget is already committed so, if the City is to install any substantial number of street lights beyond those already authorized, it would be necessary for Council to make available additional money. Mr. Sanson spoke in reference to the numerous home burglaries in that area and asked if the Police Department has been put on notice to try to step up their patrols in that area. The City Manager replied in the affirmative. 4.b.3. Mr. Sanson spoke in reference to the item of parking restrictions on A1A saying this has been going on for 2½ years. He asked that a status report be given on this item. The City Attorney replied the Assistant City Attorney met with Mrs. Betty Matthews of the Beach Property Owners' Association and it is his understanding that there is an agreement con- cerning the ordinance and it should be before Council within a couple of weeks. 4.b.4. Mr. Sanson noted in February the City Attorney enclosed a letter to the City Manager from Jim Watts, City Attorney of West Palm Beach, asking that Council pass a resolution regarding the dual taxation issue. The City Attorney advised this resolution will be scheduled for a workshop meeting as to which services the City should include in the resolUtion to the county. Also, the City is awaiting a reply from the County Attorney, Bill Rutter, on the question of dual taxation and the county's response to specific resolutions from cities who have already adopted such a resolution. 4.c.1. Mr. Scheifley stated at a previous meeting of the Beautification Committee, Dr. Voss of FAU was present and made a presentation against planting more vegetation on the beach. His main point was that vegetation does not prevent beach erosion. Since that time, Council has received a recommendation in writing from the Beautification Committee. This morning he received a publication of the Florida Beach and Shore Preserva- tion Society in which the entire issue i~s devoted to the principal that vegetation does prevent beach erosion. He asked the City Manager to make sure that each member of the Beautification Committee and Council receives a copy of this article. This is food for thought for the upcoming workshop. Mayor Weekes stated he read the article and noted under one of the items it states "beach vegetation cannot withstand the direct assault of the ocean." This is what we are concerned with here; there is some minimal effect in maintaining the beach profile. 4.dol. Mayor Weekes read a proclamation proclaiming the week of June 3rd to June 11, 1978 as NATIONAL SAFE BOATING WEEK. A representative of the Coast Guard, Mr. Harris, accepted the Proclamation. He noted during safe boating week, representatives of the Coast Guard will be at the ramps every day to publicize and encourage safe boating. 5.a. Morris Madden, President of Section IV - High Point of Delray Beach, stated he would like the opportunity to address Council in relation to the water situation. Mayor Weekes informed him that he would be allowed to speak under item 6.b. - 2 - 5~22/78. 5.b. John Ghent, 246 Lake Eden Way, Delray Beach, spoke in reference to traffic signalization on northbound and southbound Federal Highway, between 8th Street on the north and 2nd Street on the south. There are presently a total of five traffic lights and noted today, he was stopped eight times going south and he was stopped six times going north. As he sees it, there are four problems that should be addressed. They are: 1. energy - every car that stops and idles. 2. safety - there is no safety in the traffic light system as it is because the tendency is if you come up to a light and it is turning yellow and you see the other light green, people would go through the yellow light. 3. time - this is a factor as time is important t© all of us. 4. image we project to visitors to the area - this is a town that doesn't change much, the City could upgrade in terms of traffic flow. The City Manager advised that the traffic signalization on the two Federal Highways is controlled by the state and at a recent Chamber of Commerce meeting, the City was told by the district representative of the Department of Transportation that the upgrading of signalization on both Federal Highways is in their plans. The City Manager added he would make this request clear to the DOT. 6.a.1. The City Manager reported that the City anticipates receiving a total of 30.8 percent of the total project cost in reimbursement funds from the state for the beach restoration project. To date, the City has received $196,308 and it is appropriate at this time for the City to forward a request to the State for the balance of those reimbursement funds in the amount of $209,235.60 for which purpose Resolution No. 45-78 has been prepared. The City Manager presented Resolution No. 45-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE BUREAU OF BEACHES AND SHORES, DEPARTMENT OF NATURAL RESOURCES, REQUESTING FUNDING FOR MAINTENANCE NOURISHMENT PROJECT. (Copy of Resolution No. 45-78 is on file in the official Resolution Book.) Mr. Chapin moved for the adoption of Resolution No. 45-78, seconded by _wir. Scheifley. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. The motion passed with a 5 to 0 vote. 6.a.2. The City Attorney informed Council that he has received a letter and form of agreement concerning an easement in High Point of Delray - Section 1. The reason he is asking for approval on this tonight is because the City's engineers have indicated that it is critical that the City gets the easement as soon as possible so the sanitary sewer service can be installed in this area. The obligations under the agreement of the City is to reimburse the condominium association for attorney and legal fees in the amount of $500 and to pay out of pocket expenses not to exceed $250. In return, they will grant an easement to the City, as described on the plans and specifications prepared by Suiter and O'Brien which are referred to in the agreement. There are two minor changes that should be made in the agreement. Paragraph one on page one after the word to enter "to the City good and valid title free and clear of encumbrances to" and then on page two, paragraph C, two weeks should be changed to three weeks. The subject of reimbursement for attorneys was discussed at a prior workshop, which was approved by Council. Mr. Scheifley moved that the City enter into an agreement with the Directors of High Point - Section 1 Condominium Association to effect the agreement with the changes as mentioned by the City Attorney, seconded by Mr. Sanson. The motion passed unanimously. Before roll call, Mr. Sanson asked the City Attorney if he - 3 - 5/22/78. felt the attorney's fees were reasonable and fair. The City Attorney replied he thinks they are in line from the standpoint that the City is not otherwise paying for the easement. Roll call on the motion was had at this time. 6.b. Karen Dunn, 706 Boulevard Chatelaine East, Delray Beach, representing the Homeowners' Association of Chatelaine, presented copies to Council of her agenda regarding the Delray Beach water problem. Mrs. Dunn stated she would like Council's comments on where the citizens stand. Mayor Weekes stated at the time the present plant was built in 1972, it was a 12.1 million gallon plant and we designed, at that time, an additional mode to be added to that plant at a future date. It is true that there is a plan for an additional 12 million gallon capacity for that plant using a lime softening mode of treatment. When this plant was built, it was designed for lime softening and we asked the physicians in the City whether they would recommend lime softening _ and their unanimous report was that there seems to be some relationship between lime softened water and coronary artery disease. Since 1972, the federal and state regulations have changed to require additional treatment of the water. Lime softening is Still the approved method by the Department of Environmental Regulation and it is the method they would like to see us use, but the medical fraternity has not changed its posture; they still believe that there is some relationship between artifically lime softened water and coronary artery disease and for that reason, the majority of Council and the prior Council have been endeavoring to find an alternative method of treatment. It is very difficult to move the bureaucracy and that is what Council has been attempting to do. Mayor-Weekes stated the City has done extensive testing and have just completed a pilot plant study which should give the answer to whether the City can find a successful alternative method of water treatment, either direct filtration or modified direct filtration. The City will hear a partial report on that tomorrow and a final report in the near future. This vacillating on the part of Council has been done in what we deemed to be the public interest and is based on the medical evidence but, also, the economic evidence before us. Lime softened water does cost more to produce, it does cost more to build a lime softening plant; not only for health reasons but for economic reasons we are attempting to find an alternate treatment method. Mrs. Dunn asked what was being done to alleviate the strain on the current water supply. She asked what would be the duration of the rationing. Mayor Weekes replied there is no certain date; it depends on a number of things. It depends upon whether or not the City is able to b~y water in the interim from an alternate source! that alternate source would probably be Boynton Beach, who presently is expanding their water plant which should be completed in September. This alternative has been approved by the Public Health Department and the Department of Environmental Regulation. The other alternative would be to attempt to upgrade the capacity so we can pump more than 12 million gallons of water through our plant without being penalized by the Public Health Department. That avenue is being explored. Mrs. Dunn noted that she is paying for a service and she feels she has a right to feel slighted when she is not given full service. It ~ was mentioned in a local newspaper that it only costs approximately $500 to put in a well and use untreated water for the lawn and landscaping, but stated there are many families that have all they can do to put food on the table. As her lawn and landscaping go, so goes her property value. She takes pride in what she has. What about enforcement of this ordinance for such areas as Gulfstream, who signed a 25 year contract with the City in May 1976, and unincorporated areas such as Delray Shores? She found out last week that Gulfstream did pass an ordinance that their citizens were to water on Tuesdays and Fridays. She noted at the time the contract was signed, it was signed with the assurance of the City Engineers that we would not have water problems. The City Manager replied there have been two main areas that have b~en referred to by Mrs. Dunn. He noted Gulfstream has passed the ordinance requiring that their citizens water only two days a week and Delray Beach intends to help the town of Gulfstream police that. A sizable amount of water is used in Delray Shores and according to advice from the City Attorney, the City can require them to live by the regulations of our ordinance and to take steps to turn the water off in individual cases. Tim Hunt, a county official who lives in Delray Shores, Chairman of the Delray Shores Civic Association, has been working with the City - 4 - 5/22/78. in setting up of a meeting this week to have Delray Shores comply with the ordinance. Mrs. Dunn asked when can we anticipate being able to use the new treatment plant? Mayor Weekes replied approximately 2½ years, saying the answer to that question depends upon what mode of treatment we would be able to use. If the City has to go to a lime softening plant, it would take 2~ years; there are other modes o~ treatment under considera- tion, which if they can be approved, might make it possible to have the plant open in 18 months. Mr. Sanson stated it is also important to point out that in the interim period, as Mayor Weekes alluded to in his opening remarks, there is a very good chance that we could present evidence that our plant could successfully handle a higher rate of water filtration. If that is the case, we are looking from the current 12 million gallons a day to 18 million gallons a day. It is his hope that the administration is very actively trying to get permission to do this. Mr. Chapin stated, if the water capacity could be increased, it would alleviate the short term crisis we now find ourselves in. This is the number one issue facing Council this year; Council has spent more time considering this issue and studying this issue and trying to come up with an intelligent solution for the best interest of the citizens of the City, in terms of health, economy and in terms of long range planning. In what we have found out is that answers do not come easy and Council has had to grapple with those difficult problems and we think we are doing about all we can do as laymen. Mrs. Dunn stated that a total of 1,080 permits were issued in 1977 and January through April 1978 a total of 598 building permits were issued. She noted that one building permit could be a single, multi-family or condominium dwelling. She asked how the building industry comes into play with this water problem. Mayor Weekes stated there has been no water main extensions since August 1977. The developers are now required to put in their own source of irrigation. Those who have not been mandated to do it are being encouraged to do so. The City has not shut off building permits nor does he want to do so. The construction industry in this City is a vital part of our economy and ne does not wish to see it shut down completely. Mrs. Dunn noted that history has proved itself that in cases of emergency people will rally, they don't have to be threatened with fines and jail terms. They will voluntarily cooperate but it is most difficult to say there is an emergency in which she can only water her lawn twice a week when it seems that the attitude at City Hall where construction is concerned, is "business as usual". Something is wrong, the City voluntarily asked for citizen cooperation in conserving water and apparently Council felt they weren't getting cooperation so they passed an emergency ordinance edicting $50 fines and jail sentences which is cruel and unusual punishment. When she is told that there is an emergency and it is business as usual, she can't accept it. Two wrongs don't make a right. Mr. Chapin stated he feels this community is great because of people like Mrs. Dunn who takes interest in making this a good community. Mr. Chapin added that Council members are elected to carry out the laws of the community for the good of the people and the City is negotiating a stipulation with the County Health Department which will limit building permit hookups. We are trying to negotiate a straight course protecting those that are already here and protecting those who have spent thousands of dollars in preparing to live here. We owe an obligation to the building industry, the banking community and to advise all developers that they must be on notice of this problem; we advised them as early as last fall. There is no substance, in his opinion, to the term "business as usual". Business is not as usual; we are trying very hard and that is why we are asking the cooperation of all to succeed in overcoming this short-term problem. Mrs. Dunn stated she is very sorry that she has to be present tonight - that kind of concern she does not want, nor do the people of Delray Beach because we are in a bind. It should have never gotten this far. She noted in 1977 there were 520 water hookups and noted so far this year there have been 402 water hookups. She came here tonight in hopes of some assurance when she left. She is all for sensible and reasonable, growth when the resources permit it but when we sell water to one City and then have to buy water from another, something is - 5 - 5/22/78. drastically wrong. Mr. Scheifley stated the reason the City is in this position is because of people like Mrs. Dunn who come to Council representing groups and advocating a position, which Council listens to, and because we did, that is why we are where we are today. He would like to go back 10 years when he was first elected to Council when a new water plant was built and for $300,000 soft water could have been added and the opinion of the public was unanimously against soft water. It is because of people like Mrs. Dunn we don't have a plant today. There is plenty of water - it is the matter of treating the water. The problem resolves itself into whether we will have direct filtration and hard water or lime softening and soft water. If the City had agreed two or three years ago to go along with the permit the City had to build the plant, the City would have had plenty of water today. Upon question by Mrs. Dunn, Mayor Weekes informed her that the water in the present plant is being treated by aeration, sedimenta- tion and chlorination which was accepted by the DER at the time the plant was built. Mrs. Dunn asked what is wrong with putting the new plant in with the same treatment as the old one? Mayor Weekes replied it is against the law; the federal government now requires secondary' treatment standards which weren't required when the old plant was built. Mayor Weekes noted the meaningful results of the pilot plant test studies will give Council an indication as to whether or not the City can proceed to use direct filtration or some form thereof. Mrs. Dunn stated she also read in the newspaper where the County was threatening legal action and that Council would have a formalized proposal by June 15th. Mayor Weekes stated Council should have a formalized proposal by the date and the legal action will be withdrawn because the City is entering into a stipulation with the County which will preclude that action. Morris Madden, President of Section IV - High Point of Delray Beach, stated High Point - Section IV is behind Mrs. Dunn 100%. Mr. Madden read a letter that was forwarded to Council from his association. This letter was questioning when the new 8" water main would be connected into Section IV High Point from Lake Ida Road across the canal at the northeast area at the roadway marker that was placed there by the water department on High Point Boulevard North. This marker has been there for over a year. He asked the reason for the long delay in affecting this connection. Mr. Madden added he finds the restrictions contained in Emergency Ordinance No. 24-78 hampers the proper growth of lawns, plants, etc. With the watering being allowed two days per week, he has already seen the change in the lawns. He asked, if should the lawns deteriorate to the extent of the need of replacement, who would pay for their replacement? Mayor Weekes explained that he has been told that if the lawns were watered on the schedule that the City has set forth, it should be enough to maintain the lawns. The City Manager noted that he has spoken to different qualified people in this regard, and he was informed that twice a week is sufficient _ to keep the grass alive. If it is provedthat that is not the case, he would certainly join Mr. Martin because he does not want to see the greenery turn brown. Louis Martin, Director of Public Utilities, informed that in Mr. Gene Joyner's County Agricultural Agent column which is published daily, he recommended that watering be twice a week at 35 to 40 minute intervals. He added he has spoken to Mr. Joyner and this coming week his column will be about Delray Beach and the irrigation of foliage Mr. Madden invited members of Council to come into the area of Section III and Section IV to see that the two day watering period is not sufficient - the grass is already turning brown. The City Manager added there are ways to determine whether or not twice a week watering is sufficient. Mr. Madden stated he would appreciate any effort made to determine the situation to try to alleviate the two day watering system to give more time. As was previously stated by Karen Dunn, the people are willing to cooperate. Mrs. Durante stated Council is concerned about the citizens and said she has a lot to lose if the lawns turn brown. If the lawns - 6 - 5/22/78. turn brown, the City Manager has said that he would be willing to take a look at the rationing schedule and review it. At this point, it is too early to tell because we just went on this schedule last week and it rained three days. We are in this bind together and we have to work it out together. Mr. Madden reiterated there are areas that have already been affected by the rationing, and asked who would pay for the lawns that have turned brown as a result of the rationing. The City Attorney replied that is not a question he could give an answer to tonight; he would research the matter. Mr. Mark Manafo, President of the Tropic Palms Homeowners Association, stated Mr. Scheifley previously stated that the' reason we are in this position is that Council has listened to people. The trouble with the entire nation is that politicians have the habit of forgetting that they are appointed and not anointed. Upon question by Mr. Manafo, Mayor Weekes informed that the daily water usage before the restriction was between 12 and 13½ million gallons per day. The water plant was operating over capacity by six times. There are some major problems ahead of us and they stem from lack of planning. He believes that Council has worked very hard on the water question and if the water plant could be built for a couple of million dollars cheaper, and if it is cheaper to operate, it should be done as the City operates on a budget and money is needed for other things. Regarding the state's position on lime softening - what position would anybody in the world expect the state with the largest phosphate industry in the country to take but rather than oppose lime softening. He believes we could qo to court with this and beat it and get direct filtration - that is the answer. Mr. Scheifley stated he understands Mr. Manafo's position and we can go that route. If we hold out for direct filtration but go into litigation on the decision we get on June 15th, instead of three years, you are talking about six years. Mr. Manafo added the question here tonight is the quality of life in Delray Beach. If the growth is not limited to match the services; for example,not one patrolman has been added to the police force. Zone three stretches from the bus station to the south City limits, from the beach to the west City limits; this is patrolled by one car. Yet there have been 200 or 300 homes recently added in that zone. He addressed the item of street lights in the Tropic Palms area, saying there are women who are afraid to go into their homes. Let's find out how many new homes are going to be built, how much tax dollars that will generate and not let these homes be built until there are adequate services to supply the citizens. The real question here tonight is that this town is about to explode with growth. We have seen this happen in Pompano and it will not happen in Boca Raton as they have a growth cap which slows their growth until they can develop their municipal services to match. Mr. Manafo asked that Council immediately begin to consider the appointment of a Planning Advisory Board made up of residents to serve with professional staff from the City to consult with the City Manager and Council on items that take place in the City. The real question which should be acted upon is are we going to slow or control the growth of the City? Mr. Manafo asked the City Manager if there is a plan of expansion of services to match growth of the City? The City Manager replied there is a five year plan, and we have about one or two years left of the five year plan. Mr. Manafo asked why Russell & Axon has remained on the job as the only consulting firm? They have no apparent background in direct filtration. Mayor Weekes replied Russell & Axon has employed the services of a Dr. Singley's organization. He is one of the foremost water treatment experts in the State of Florida. Mr. Manafo asked what happened to the study and consultant who did a study on direct filtration? Mayor Weekes replied no other consultant was ever hired - Dr. Charles Anderson has completed some jar tests. Mr. Manafo asked Mayor Weekes if he could offer assurance that Russell & Axon, a consulting firm with a base in lime softening, are doing their best to pursue the question of direct filtration? Mayor Weekes replied he could only give the word of George Russell, President, that they are. - 7 - 5/22/78. Mr. Manafo asked Mr. Chapin if he believed that there is any possible avenues through the courts for the City to pursue direct filtration and save the $2% million it would cost for lime softening? Mr. Chapin replied, the City has tried very hard to improve the quality of the water at the lowest possible price and added he hopes that this does not have to go to the courts - he feels before you go to court, you must first exhaust the administrative remedies. Mr. Scheifley stated that Mr. Manafo had a lot of misinformation as he earlier stated that Boca Raton had a growth cap. Boca has a lot of lawsuits because they have a growth cap of 40,000 units at 100,000 people. Delray Beach also has a growth cap which has been done scientifically. The City has reduced the density so that the maximum density is 15 units per acre. Mr. Manafo explained that he stands absolute- ly corrected - he would love to see the City developed in accordance with its plan. Mr. Sanson stated he has expressed numerous concern over the building boom and he is not in agreement with the uncontrolled growth; he would not hesitate to come up with concrete and specific solutions on how to put some controls on the building that is going on in the City. As a result of the growth, the town is going down the tubes. It is not just the water situation that bothers him - it is the quality of construction that some of the people are buying. Mr. Sanson added that for two years, Council has been talking about the inadequate number of personnel in the Building Department. Council was to have talked about this in workshop session about six months ago and to date, this has not been discussed. Mr. Manafo asked the Mayor if he would consider a Planning Advisory Board. The Mayor replied there are far too many boards in the City right now. Mr. Manafo asked if the water hookup information could be read at Council meetings and asked that the press print that information. Mayor Weekes replied he has no control over what the press will publish and the other is public information. Mr. Manafo stated he feels City Council is really doing a good job and asked that citizens make their ideas known by contacting members of Council. Betty Matthews, 1024 White Drive, Delray Beach, representing the Beach Property Owners' Association, stated since Mr. Manafo has mentioned growth of the City that there is such a thing in this country as the Petaluma Plan. Petaluma is a City in California north of San Francisco which was suddenly overrun with developers. The City was unable to provide services and the whole environment of a coUntry was disappearing,but there was a lawsuit brought to prohibit developers to proceed with growth and it went before the Supreme Court in California; it was determined that Petaluma has the right to restrict growth but it has the right to restrict growth with respect to the way it can provide services so there was a 5% maximum growth per year. Mr. Chapin explained the City (Petaluma), at the request of citizens, passed an ordinance stating that they would issue only 500 building permits per year. The building trades association in that area filed lawsuits saying that was unconstitutional on two grounds. The trial court did say that was unconstitutional and upon appeal to the Eighth District Court, reversed the trial court's decision. The City of Delray Beach is now almost in the same posture - he has felt that the City should consider such an ordinance but because of the water shortage we are arriving at the very same posture. Mr. Chapin added he anticipates very little growth for the rest of the year. Mrs. Matthews stated from the public response here tonight to the question of growth, it might be a good idea for the City to consider that type of limitation. She has had many people call her and say that they are unable to get parts for their sprinklers. Therefore, particularly elderly women living alone, have the option of turning their water off, they are not able to manually operate the sprinklers and they are considering the option of going to jail. She stated she feels that a jail term is a very heavy measure and wondered if that is really necessary. She also said that some people have bermuda grass which needs a lot of water. She asked that perhaps the number of gallons of water used each day could be published in the newspaper, and within a week if found that the water used was not exceeding the limit, - 8 - 5/22/78. perhaps some good faith could be shown and lessen the restrictions. She personally feels that the City officials are underrating the people of Delray Beach. Jeff Carstensen, 510 Kingbird Circle, Delray Beach, a former resident of Boynton Beach for five years, said the purpose of his moving to Delray Beach is that Boynton Beach has become run down. They had water rationing in Boynton Beach and when people saw that their lawns were turning brown, the people lost interest. If these restrictions are kept, there will be the same kind of problem in Delray Beach. Mayor Weekes stated it is not Council's intent to ruin anybody's lawn, and the City has been advised that two days a week is adequate for a healthy lawn. Mr. Carstensen suggested that alternate days be used instead of two days a week. Mrs. Durante stated since there are a lot of citizens who are concerned, why doesn't the City try voluntary measures for awhile. Mayor Weekes pointed out that the rationing was not imposed by the City Council. Dr. Mike Kimberley, 1586 Audubon Boulevard, Delray Beach, stated he is not too concerned about his lawn whether it.stays green- or not because when it comes his day to water, he waters the lawn. He is concerned about the water he turns on in the faucet. Is Council aware or have any knowledge of any water being tested at the water treatment plant be unacceptable? Mayor Weekes replied there has been no evidence of water coming through the plant that is not safe for human consumption. Dr. Kimberley asked, if the water plant is exceeding capacity, is this going to cause a situation where there would be excessive bacterial count? The Mayor replied no, the reason why the state and county are mandating has to do with the color and iron in the water which are aesthetic considerations, not health considerations. Dr. Kimberley spoke in reference to the 25 year contract with Gulfstream saying in May 1976, the Engineers assured Council that there would not be a water shortage. He asked how the City got into a water shortage if this study had been done? The City Manager replied it was the engineers, Russell & Axon, who made the study and recommenda- tion in May 1976. Mr. Philip Campbell, 1011 White Drive, Delray Beach, stated he has some sympathy with the builders as he has had a similar experience. Back in 1970 he purchased property and in 1972 he read in the newspapers that a restriction had been imposed on any further sewer connections. All of a sudden Delray builders were given a period of time in which if they didn't have a permit to tie to a sewer, they would not receive any further permits until such time as restrictions on the City sewerage hookups were removed. Mr. Campbell suggested that developers be given a period of time in which to obtain building permits, and after that time, no permits be issued as long as the City is under restrictions. MaYor Weekes stated that is an excellent suggestion - that is exactly the way it is working out. Tim Zilkowsky, 475 N.E. 8th Avenue, Delray Beach, stated he has served on many water conservation boards throughout the United States saying there are much more efficient ways than the cutting off of lawn sprinkling of conserving water. One half of the water used in houses is wasted in the form of going down the toilet, the different massaging showers and this is where a lot of the water is going. Mayor Weekes noted there is an excellent article in the current issue of the Consumer Report magazine talking about water conservation and he would like to receive permission from Consumer Report to reproduce that article. Mayor Weekes stated he has had a request from one of the Council members to make a change in the order of the agenda. Mrs. Durante moved that item 9.b. be moved to this point on the agenda, seconded by Mr. Scheifley, said motion passing unanimously. - 9 - 5/22/78. 9.b. The City Manager reported that at the May 8th meet~.ng, Council referred the petition of the Leo Foundation, Inc., for a special exception to allow a mental health care facility, an on-site water treatment plant and an on-site sewer treatment plant to the Planning & Zoning Board for study and recommendation. The subject property consists of five acres, and is in Section 25-46-42, located on the east side of Military Trail, approximately 700 feet south of Germantown Road. The initial plan calls for a 14,000 square foot building consisting of 38 beds, with a future proposal to construct an additional 12,000 square feet of building area to house administrative services. The facility will provide the following: (1) 24 hour emergency receiving facility for all psychiatric emergency in the South County area; (2) eight beds for the one to three day crises cases for stabilization services; (3) 12 beds for extended care up to 15 days; (4) six beds for the operation of one to two day short term alcohol detoxification program; and (5) extended two to four week alcoholic rehabilitation. The Planning & Zoning Board at a meeting held on May 16th, recommended by a vote of 5 to 1 (Wallin dissenting) that a letter be sent to the Board of County Commissioners supporting this petition because of the need for this type of facility. Mr. Scheifley moved that Council accept the recommendation of the Planning & Zoning Board to recommend favorable consideration by the County Commission, seconded by Mrs. Durante. The motion paSsed unanimously. Before roll call, Mr. Sanson stated he has some mixed emotions on this on the basis of the effect that this facility might have on changing the plans of the surrounding property owners. He stated he hopes that no precedent will be set for commercial zoning down that strip of Military Trail. Mr. Sanson added he is surprised by the Planning & Zoning Board's vote, he did not think it would have been that unanimous. He added that he appreciated Mr. Wallin's stand on this and he is familar with what his reasoning was. Mr. Sanson added he is familar with this facility - he recognizes the good they are trying to serve but he finds a decision tonight in favor or it contradictory to many of the past discussions Council had on residential home care. Mrs. Durante asked Mr. Sanson where else could a facility like this be located? A facility like this should not be placed in a commercial area where there is much hustle and bustle. Mr. Sanson stated the question is would the south county have purchased this land if it had not been given to them? He does not agree that there aren't more suitable locations. Perhaps it could have been on the aspect of some land fronting on Atlantic Avenue that on the land use map might be zoned residential but in the county it is zoned commercial, and we could have agreed to annex that land in as a commercial zoning which would still give somewhat of a residential atmosphere. Roll call on the motion was had at this time. 6.c. The City Manager recommended that Council authorize the City's Fiscal Agent, Dean Witter Reynolds, Inc.,to perform Fiscal Agent services for a $4 million Utility Tax Bond Issue for the financing of a Public Works Complex, the purchase of property at 200 West Atlantic Avenue, Delray Beach Country Club expenses, and water and sewer improvements. The Fiscal Agent's fee is to be $13,500. This was discussed at the May 15th workshop meeting. Mrs. Durante moved that Council authorize the City's Fiscal Agent, Dean Witter Reynolds, Inc, to perform fiscal agent services re: $4 million Utility Tax Bond Issue for the fee of $13,500, seconded by Mr. Scheifley. The motion passed unanimously. Before roll call, Mr. Sanson asked what the City is being obligated to in terms of increased rates for some type of financial obligation? The City Manager replied this should not impact any as far as the portion of water and sewer bond issue is concerned. This - 10 - 5/22/78. should be taken care of by water and sewer rates and revenue. It is anticipated that the Delray Beach Country Club will pay its own way according to the study made by the City's Financial Advisory Board. The property on West Atlantic Avenue is $110,000 and the Public Works Complex will cost $1,200,000. The City will have to take money from the general fund budget each year to pay debt service on these two amounts. The debt service would be roughly $102,000 a year on the public works complex and $9,300 on the West Atlantic Avenue property. Debt service includes both interest and principal. ~r. Sanson added there is a possibility that this might affect property taxes. Mr. Chapin asked how the fee price of $13,500 Was determined, what does Dean Witter Reynolds do and is the City bound by the competitive negotiations act in this case? The City Manager replied no, the City is not bound by the competitive negotiations act; Dean Witter Reynolds does the entire fiscal agent service work that is required with any bond issue, preparing the documents, etc. For the first million dollar bond issue, the fiscal agents quoted a flat rate of $7,500 and then for the additional three million dollars, that would be figured at the rate of two-tenths of one percent, which figures out to be $6,000. Roll call on the motion was had at this time. 6.d. The City Manager reported that the following bids have been received to replace the existing sea wall and wooden dock located at the City Dock, S.W. 1st Street and Marine Way: Bidder QUotation Broward Piling, Inc. $23,360 Pompano Beach Ray Qualmann Marine Contractors, Inc.$24,100 Pompano Beach City Manager Mariott recommended that the award be made to the low bidder, Broward Piling, Inc.,in the amount of $23,360. There is $10,000 allocated for repairs in the 1977-78 budget. It is recommended that the balance of $13,360 be charged to the 1978-79 budget. Mr. Chapin moved that Council award the contract to Broward Piling, Inc.,of Pompano Beach in the amount of $23,360 to replace seawall and wooden dock on the City Dock, seconded by Mr. Sanson. The motion passed unanimously. Before roll call, Mr. Sanson stated, as a related item, the Marine Way seawall should be repaired. He expressed his hope that Council and the administration could find a way to recognize the problem there which should be repaired. Mr. Sanson spoke in reference to the City dock rates saying they are very reasonable and he gets the impression that they are way under the current market value. Maybe this would be worth checking into to see if the City is receiving sufficient revenue. Roll call on the motion was had at this time. 6.e. The City Manager recommended that Council authorize approval of Change Order No. 2 - Sanitary Sewerage Project, Part C in the amount of $24,095.80 involving sewer mains in System 21 which were previously deleted by Change Order No. 1. These sewers are to be installed on Southridge Road in order to utilize some of the remaining funds in the EDA grant (which Council approved at the April 12, 1977 meeting in the amount of $1,041,159). Upon completion of this work, one more Change Order will be processed for additional sewer lines, depending on residual grant funds at the time. This change order will be funded 100% by the EDA. Mr. Chapin moved that Council approve Change Order No. 2 - Sanitary Sewerage Project, Part C in the amount of $24,095.80, seconded by Mrs. Durante. The motion passed unanimously. - 11 - 5/22/78. 6.f. The City Manager reported that the following quotations were received for the equipment and installation to convert a trash truck in the Public Works Department to a self-contained trash loading unit: Bidder Quotation Petersen Industrial Machines, Inc. $9,350 Lake Wales Transtat Equipment Company 9,'675 Orlando The City Manager recommended that the award be made to the low bidder, Petersen Industrial Machines, Inc.,in the amount of $9,350 with funds to come from budgeted Federal Revenue Sharing. This was discussed at the May 15th workshop meeting and is the first of the several actions planned in the revamping of the Sanitation Division. Mrs. Durante moved that Council award the bid to Petersen Industrial Machines, Inc.,in the amount of $9,350 for the equipment and installation to convert a trash truck in the Public Works Depart- ment, seconded by Mr. Chapin. The motion passed unanimously. Mayor Weekes stated he is pleased to see that the City Manager is moving ahead rapidly with the updating of the garbage collection service. ~ The City Manager recommended that Council ratify the City's execution of an agreement with Palm Beach County Urban League for S.P.E.D.Y. workers during the summer of 1978. The City has applied for and thinks it will get 36 workers under this program. Mrs. Durante moved that Council ratify the City's execution of an agreement with Palm Beach County Urban League for S.P.E.D.Y. workers for the summer, seconded by Mr. Chapin. The motion passed unanimously. Before roll call, Mr. Sanson stated he is not so sure that he shares the City Manager's optimism for one more year and asked the City Manager if there is a purpose to be served for the expenditure of these funds? The City Manager replied he thinks so - the program is funded entirely by the federal government - it does not cost the City any out of pocket money and it would provide jobs for 36 young people. Last year there was much difficulty and he didn't appreciate some of the workers'actions and statements, but he feels we should give this another try. Mayor Weekes stated based on the City Manager's recommendation, he is willing to give it another try. Mrs. Durante stated she feels this is worth it - it is something for the kids to do. Roll call on the motion was had at this time. 7. There were no petitions and communications. 8.a. The City Manager recommended that Resolution No. 42-78 ~ccepting an extension of sanitary sewerage project in Area 34, Tropic Palms Subdivision, comprising Avocet Road between Eagle Drive and Blue Bird Drive; Brant Drive between Avocet Road and Blue Jay Road; Blue Bird Drive between Brant Drive and Avocet Road; Cardinal Drive between Avocet Road and Blue Jay Road be approved as operational. The City Manager presented Resolution No. 42-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING AN EXTENSION OF SANITARY SEWER INSTALLED IN AREA 34, COMPRISING THAT PART OF TROPIC PALMS SUBDIVISION, PLAT NO. 1, DELRAY BEACH, FLORIDA, IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; A PART OF THE SUBDIVISION OF SAID SECTION 29, AND LOTS 10 TO 27 INCLUSIVE, BLOCK 4, TRACT "A" AND A PART OF BLOCK 7, DEL-~TON PARK, AS RECORDED IN PLAT BOOKS 6 AND 14, PAGES 50 AND 10 RESPECTIVELY, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID - 12 - 5/22/78. 423 SEWERS BEING ACCEPTED IN TRO~IC PALMS PLAT NO.1 LATERALS 34-E LOCATED ON AVOCET ROAD; THAT PART OF AVOCET ROAD BETWEEN EAGLE DRIVE ~ND BRANT DRIVE AND ALSO BRANT DRIVE; THAT PART OF BRANT DRIVE BETWEEN AVOCET ROAD AND BLUE JAY ROAD; LATERAL 34-E-1 ON BLUE BIRD DRIVE BETWEEN BRANT DRIVE AND AVOCET ROAD; LATERAL 34-E-2 LOCATED ON AVOCET ROAD BETWEEN BRANT DRIVE AND BLUE BIRD DRIVE; LATERAL 34-G LOCATED ON CARDINAL DRIVE BETWEEN AVOCET ROAD AND BLUE JAY ROAD AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FU~ISHED BY SAID SANITARY SEWER SYSTEM. (Copy of Resolution No. 42-78 is on file in the official Resolution Book.) Mr. Scheifley moved for the adoption of Resolution No. 42-78, 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. The motion passed with a 5 to 0 vote. 8.b. City Manager Mariott recommended that Resolution No. 43-78 accepting an extension of sanitary sewerage projects in Areas 32 and 33, Tropic Isle Subdivision, comprising Spanish Trail and Hyacinth Drive between Hyacinth Drive and Gardenia Drive; Spanish Trail between Iris Drive and Hyacinth Drive; Spanish Trail and Iris Drive between Avenue L and Iris Drive; Jasmine Drive, Jasmine Terrace and Jasmine Court be approved as operational. The City Manager presented Resolution No. 43-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING AN EXTENSION OF SANITARY SEWERS INSTALLED IN AREAS 32 AND 33 COMPRISING THAT PART OF TROPIC ISLE 3RD SECTION, DELRAY BEACH, FLORIDA IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND PART OF LOTS 8 THROUGH 22 INCLUSIVE OF THE PLAT RECORDED IN PLAT BOOK 2, PAGE 69, PALM BEACH COUNTY, FLORIDA, AND PART OF FIRST ADDITION TO DEL-RATON PARK AS RECORDED IN PLAT BOOK 24, PAGE 46, PALM BEACH COUNTY RECORDS; SAID SEWERS BEING ACCEPTED IN 3RD SECTION OF TROPIC ISLE IN AREA 32, LATERALS 32-A-1 LOCATED ON SPANISH TRAIL ~D HYACINTH DRIVE BETWEEN HYACINTH DRIVE AND GARDENIA DRIVE; LATERAL 32-A-1-A LOCATED ON SPANISH TRAIL BETWEEN IRIS DRIVE AND HYACINTH DRIVE; AREA 33 IN 3RD SECTION OF TROPIC ISLE, LATERALS, MAIN 33 LOCATED ON SPANISH TRAIL AND IRIS DRIVE BETWEEN AVENUE L AND IRIS DRIVE; LATERAL 33-E ON JASMINE DRIVE; LATERAL 33-E-1 on JASMINE TERRACE; LATERAL 33-E-2 ON JASMINE COURT AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWER SYSTEM. (Copy of Resolution No. 43-78 is on file in the official Resolution Book.) Mrs. Durante moved for the adoption of Resolution No. 43-78, 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. The motion passed with a 5 to 0 vote. Before roll call, Mr. Sanson spoke in reference to Resolutions 42-78 and 43-78 and asked if it means the people in those areas can hook up to the sewer system. The City Manager replied theoretically it does _ it states that the City is accepting those sewer systems as being operational; however, anyone who wishes to connect can make arrangements through the utilities department. Mr. Sanson asked if these people - 13 - 5/22/78. hookup within a certain time, the connection fee will be waived. The City Manager replied that is correct, he thinks the time limit is 30 days. Roll call on the motion was had at this time. 8.c. The City Manager reported that Ordinance No. 14-78 is amending Chapter 29 "Zoning" of the Code of Ordinances relative to zero lot line developments is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 8th 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. 14-78: 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 DELI{AY 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. (Copy of Ordinance No. 14-78 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 adoption of Ordinance No. 14-78 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. The motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Ordinance No. 29-78 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to allowing extension of the 60 day time limit for action by the City Council upon waiver by the property owner. This ordinance was passed on First Reading at the May 8th 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. 29-78: 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 29-23 (B) (4) TO ALLOW EXTENSION OF THE SIXTY (60) DAY TIME LIMIT FOR ACTION BY THE CITY COUNCIL UPON WAIVER BY THE PROPERTY O~NER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 29-78 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. - 14 - 5/22/78. 425 Mr. Chapin moved for the adoption of Ordinance No. 29-78 on Second and FINAL Reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sa~son - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. The motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 30-78 is amending Chapter 29 "Zoning" of the Code of Ordinances relative to independent trustees is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 8th 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. 30-78: AN ORDIN~qCE 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, FLORIDA, BY AMENDING SECTION 29-1 DEFINITIONS TO ADD A NEW SUBSECTION "INDEPENDENT TRUSTEES"; AMENDING SECTIONS 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. (Copy of Ordinance No. 30-78 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. Sanson moved for the adoption of Ordinance No. 30-78 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. The motion passed with a 5 to 0 vote. Before roll call, Mr. Sanson spoke in reference to the last minutes of the Planning & Zoning Board concerning the conversation that was had regarding a professional office building being allowed in the N.E. 8th Street area. There were some questions by the Planning & Zoning Board members as whether the City is letting this professional office building become too big as it is in the residential zone. Mr. Sanson added that he has asked the City Manager to prepare a survey of the neighborhood to find out how many professional offices have been allowed in and what the impact is on that area, so when this issue comes before Council at workshop it can be properly evaluated. Roll call on the motion was had at this time. 8.f. The City Manager reported that Ordinance No. 17-78 is amending Chapter 29 "Zoning" of the Code of Ordinances relative to SC (Specialized Commercial) District is before Council for consideration on First Reading. The Planning & Zoning Board at a meeting on April 18th unanimously recommended that Ordinance No. 17-78 should be adopted simultaneously with Ordinance No. 33-78 (item 8.i.) which will effect the rezoning. Ordinance No. 17-78 establishes the area to be rezoned as a special geographical area within the SC zoning district, which has its own special requirements for lot dimensions, site area, and setback, so as to eliminate possible non-conformities which may occur as a result of this rezoning to SC. The City Manager presented Ordinance No. 17-78: 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, FLORIDA, BY AMENDING SECTION 29-12 SC DISTRICT (N) - 15 - 5/22/78. BY ADDING A NEW SUBSECTION (5) ESTABLISHING A SPECIAL GEOGRAPHICAL AREA WHICH WOULD HAVE ITS OWN SPECIAL REQUIREMENTS FOR LOT DIMENSIONS, SITE AREA AND SETBACKS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mayor Weekes stated this was brought up at his request to conform with the uses. There were 17 non-conforming uses in that area. Mrs. Durante moved for the adoption of Ordinance No. 17-78 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. The motion passed with a 5 to 0 vote. Before roll call, Mr. Sanson asked if this would create anything like a Special Activities District. Mr. Carey, Chairman of the Planning & Zoning Board, replied negatively. Mrs. Durante noted this is legalizing what is already there. Mr. Sanson stated he knows that but with all the surrounding single family homes it seems to be unrestricted. Roll call on the motion was had at this time. ~ City Manager ~Mariott reported that Emergency Ordinance No. 25-78 is amending ChaPter 27, Article II, "Wells and Sprinkler Systems" relative to wells for potable and non-potable water is'before Council for consideration. This was discussed at the April 17th workshop meeting. The City Manager presented Emergency Ordihance No. 25-78: AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE II, "WELLS AND SPRINKLER SYSTEMS", AND SUBSTITUTING THEREFOR A NEW CHAPTER 27, ARTICLE II, PROVIDING PROCEDURES, REQUIREMENTS AND STANDARDS FOR CONSTRUCTING AND USING WATER WELLS FOR POTABLE AND NON-POTABLE PURPOSES WITHIN THE CITY; PROVIDING FOR PE~4ITS THEREFOR; PROVIDING FOR PERMIT FEES; PROVIDING FOR CONNECTION TO THE CITY WATER SUPPLY SYSTEM OF POTABLE WELLS IN CERTAIN INSTANCES; PROVIDING DEFINITIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Emergency Ordinance No. 25-78 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. The City Attorney advised that on page four of the ordinance, on the top of the page, there is a provision to be filled in which pertains to the number of days that a property will have to hookup to the City water supply system. This is something that needs to be filled in upon passage of the ordinance. Council agreed that hookups should be made within 120 days. Upon question by Mr. Sanson, the City Attorney advised that property owners wishing to connect would still be required to pay the connection at such time as they connect. We are now considering a provision in the interim treatment plant agreement that would require developers to post the connection fees at the time the agreement is signed. Mr. Sanson stated either that should be done or waive the fee just like what is done for the sewers to give the people a chance. The City Manager advised the sewer charge is different - a waiver is never made for water. We would be losing a lot of revenue if that was done. Mr. Chapin moved for the adoption of Emergency Ordinance No. 25-78 effective immediately upon passage, and as amended by the City Attorney (page 4 subsection (i) to connect to the City water system within 120 days), seconded by Mr. Scheifley. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mrs. 'Durante - Yes; Mr. - 16 - 5/22/78. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. The motion passed with a 5 to 0 vote. Before roll call, Mr. Schiefley spoke in reference to the first page of the ordinance under Section 1 (3) interim water treatment plant saying he assumed the plant will be treated by lime softening. Mr. Scheifley stated he is asking the question because if they want to build a lime softening plant and as long as it is approved by the Palm Beach County Health Department is it understood that it would be all right. Mayor Weekes asked what this has to do with this ordinance. Mr. Scheifley'replied you should anticipate the problems that are coming up and these are questions that might just as well be answered now as later. Mr. Sanson asked that the City Attorney be instructed to return to Council with suggested verbiage for Council's consideration that the developer will have an escrow account to pay the water hookup fees. The City Attorney advised that the interim treatment plant agreement will come back before Council. Roll call on the motion was had at this time. 8.h. The City Manager reported that Ordinance No. 32-78 relative to rezoning and placing land presently zoned R-lA (Single Family Dwelling) District in RM-6 (Multiple Family Dwelling) District, located in Block 72, east side of Swinton Avenue between S.E. 3rd Street and S.E. 4th Street is before Council for consideration on First Reading. The Planning & Zoning Board at a meeting held on April 18th, unanimously recommended that Block 72 be rezoned from R-lA to ~-6. The affected property owners have been notified pursuant to Section 166.041(3) (_C), Florida Statutes. Council discussed the rezoning at the May 1st workshop meeting and agreed to have the ordinance prepared. Second and FINAL Reading and public hearing will be held at the June 12th meeting. The City Manager presented Ordinance No. 32-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (_SINGLE F~ILY DWELLING) DISTRICT, IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, LOTS 1 THROUGH 24, INCLUSIVE, BLOCK 72, DELRAY BEACH, AS RECORDED IN PLAT BOOK 10, PAGE 57, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 32-78 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. The motion passed with a 5 to 0 vote. 8.i. The City Manager reported that Ordinance No. 33-78 relative to rezoning and placing land presently zoned GC (General Commercial) District in SC (Specialized Commercial) District, located in Sections 16-46-43 and 21-46-43 on the east and west side of the F.E.C. Railroad between S.E. 2nd Street and S.E. 6th Street is before Council for consideration on First Reading. The Planning & Zoning Board at a meeting held on April 18th, unanimously recommended that the subject property be rezoned from GC to SC because the majority of the present uses in this area are of an SC nature and not GC. The affected property owners have been notified pursuant to Section 166.041 (3) (C), Florida Statutes. Council, at the May 1st workshop meeting, agreed to have the ordinance prepared. Second and FINAL Reading and public hearing will be held at the June 12th meeting. - 17 - 5/22/78. The City Manager presented Ordinance No. 33-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL CO~RCIAL) DISTRICT IN SC (SPECIALIZED CO[~ERCIAL) DISTRICT, LOTS 1, 2 AND 15 THROUGH 23, INCLUSIVE, BLOCK 79, DELRAY BEACH AS RECORDED IN PLAT BOOK 10, PAGE 1; LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 80, DELRAY BEACH, AS RECORDED IN PLAT BOOK 1, PAGE 3; LOTS 1 THROUGH 14, INCLUSIVE, BLOCK 87, LINNS ADDITION TO OSCEOLA PARK, AS RECORDED IN PLAT BOOK 1, PAGE 133; LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 88, LINNS ADDITION TO OSCEOLA PARK, AS RECORDED IN PLAT BOOK 1, PAGE 133, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND A PARCEL OF LAND IN SECTION 21-46-43, BOUNDED ON THE NORTH BY S.E. 4TH STREET, ON THE SOUTH BY S.E. 6TH STREET, ON THE EAST BY THE CENTERLINE OF THE F.E.C. RAILROAD TRACKS AND ON THE WEST BY THE CENTERLINE OF S.E. 1ST AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977." The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption of Ordinance No. 33-78 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. The motion passed with a 5 to 0 vote. Before roll call, Mr. Sanson stated that if we are passing ordinances for special geographic districts, perhaps this could be done for areas like Federal Highway and West Atlantic Avenue so that we can reinstate the original district boundary line recommendations. Roll call on the motion was had at this time. 8~.j. City Manager Mariott reported that Ordinance No. 34-78 relative to rezoning and placing land presently zoned RM-15 (Multiple Family Dwelling) District in ~-6 (Multiple Family Dwelling~ District located in Block 58 and the south-½ of Block 57 between N.W. 2nd Street and N.W. 4th Street facing Swinton Avenue and the balance of Blocks 58 and 57 presently zoned RM-15 (Multiple Family Dwelling) District in R-lA (Single Family Dwelling) District is before Council for consideration on First Reading. The affected property owners have been notified pursuant to Section 166.041 (3) (C), Florida Statutes. Council, at the May 8th meeting, authorized the City Attorney to prepare the ordinance. Second and FINAL Reading and public hearing will be held at the meeting on June 12th. The City Manager presented Ordinance No. 34-78: 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 FAMILY DWELLING) DISTRICT, LOTS 15 THROUGH 20, INCLUSIVE, BLOCK 57, DELRAY BEACH, AS RECORDED IN PLAT BOOK 12, PAGE 86 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 58, DELRAY BEACH, AS RECORDED IN PLAT BOOK 10, PAGE 47 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN R-lA (SINGLE FAMILY DWELLING) DISTRICT, LOTS 8 THROUGH 14, INCLUSIVE, BLOCK 57, DELRAY BEACH, AS RECORDED IN PLAT BOOK 12, PAGE 86 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LOTS 13 THROUGH 24, INCLUSIVE, BLOCK 58, DELRAY BEACH,' AS RECORDED IN PLAT BOOK 10, PAGE 47 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND IS LOCATED IN SECTION - 18 - 5/22/78. 17-46-43, AND IS ON THE WEST SIDE OF SWINTON AVENUE, BETWEEN N.W. 2ND STREET AND N.W. 4TH STREET, AND AMENDING "ZONING ~AP OF DELRAY BEACH, FLORIDA, 1977" The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption of Ordinance No. 34-78 on First 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. The motion passed with a 5 to 0 vote. 8.k. The City Manager reported that Ordinance No. 35-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to a new zoning district, SAD, Special Activities District is before Council for consideration on First Reading. This was discussed at the May 15th workshop meeting. The City Manager presented Ordinance No. 35-78: ~N 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 CREATING A NEW ZONING DISTRICT TO BE KNOWN AS SECTION 29-15.1 SAD (SPECIAL ACTIVITIES DISTRICT) (NON-RESIDENTIAL) ALLOWING THE PROPERTY O~ER TO REQUEST DESIRED USES AT THE TIME OF FILING AN APPLICATION FOR REZONING; AMENDING SECTION 29-2 (C) "ESTABLISHMENT OF ZONING DISTRICTS" TO INCLUDE THE NEW SAD DISTRICT; 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. 35-78 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. The motion passed with a 5 to 0 vote. Before roll call, Mr. Chapin spoke in reference to page three, Section (N) Special Regulations asking what is meant by "it is the purpose of this zoning district to provide for uses that are permanent rather than transitory in nature"? Mr. Carey replied, basically, what they are referring to is the flea market type of thing. The City Attorney explained this language now appears in all the commercial zoning districts and it was put in specifically for the purpose of prohibiting the kinds of uses where you would have a department store or a building that is used as a shell and then the particular user of that structure would have, in essence, a flea market operation. This would have different uses moving in and out and those uses would not be subject to review in the context of the City's ordinances in terms of, for instance, parking requirements. Mr. Carey stated according to this ordinance, the petitioner goes before the Planning & Zoning Board with his requirements. This is the reverse of the disaster of the CC District that we went through at the time the developers of the Delray Mall were trying to find tenants. Mr. Sanson called attention to page three, Section (N) Special Regulations (5) saying recognizing the past disoussion regarding outside display of merchandise, and also seeing that Mr. Wallin voted against this ordinance based on the provision that 10% of the square footage of the interior of the building could be used, he made the following substitute motion: Mr. Sanson moved that this 10% be changed to 5% of the square footage of the interior of the building containing the main use may be used for outside display ....... The motion died for lack of a second. - 19 - 5/22/78. The City Attorney suggested if Council is inclined to make this change, they review this provision as it applies to all the commercial districts at a future workshop meeting. Mr. Sanson noted he supported the 5% before; he is trying to be consistent. Mr. Sanson stated the original recommendation on outdoor displays was that there be none. Mr. Carey replied yes, and explained the purpose of including this provision in the ordinance. Roll call on the original motion was had at this time. 8.1. City Manager Mariott reported that Ordinance No. 36-78 is revising Chapter 14A "Garbage and Trash" relative to increase in rates is before Council for consideration on First Reading. This was discussed at the May 15th workshop meeting. The City Manager presented Ordinance No. 36-78: AN ORDINANCE OF THE CITY COUNCIL OF THE 'CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 14A-8 SERVICE CHARGE OR FEE (A) (1) AND SUBSTITUTING THEREFOR A NEW SECTION 14A-8 (A) (1) ESTABLISHING DIFFERENT FEES FOR RESIDENTIAL DWELLING UNITS BASED UPON THE TYPE OF SERVICE BEING PROVIDED TO SUCH UNITS BY THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 36-78 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. The motion passed with a 5 to 0 vote. Before roll call, the City Attorney pointed out that the ordinance that is before Council is different than the one that was sent out with the agenda. There was a provision placed in paragraph C limiting those residential dwelling units that could request container type service to any unit that might request it. Mrs. Durante asked if you have less than 10 units you could not request container service? The City Attorney replied it is not economically feasible to have container service for a small number of units. Mrs. Durante asked what about Six or eight units? The City Attorney replied that is something that has to be worked out with the Public Works Department. Roll call on the motion was had at this time. Mrs. Durante stated there are places with nine units that have dumpsters and asked if those dumpsters will be moved. She noted she would hate to see those dumpsters moved. The City Attorney noted the exact number of units could be determined before second and final reading. 9.a. The City Manager reported that Council, at the May 8th meeting, referred the petition of Lacy Lee Everett for a special exception to allow an office warehouse combination, including automobile repair facilities and an on-site water treatment plant to the Planning & Zoning Board for study and recommendation. The subject property consists of four acres, and is in Section 13-46-42, located at the northeast corner of the intersection of Military Trail and Canal No. 33. The Planning & Zoning Board at a meeting held on May 16th, unanimously recommended that a letter be sent to the Board of County Commissioners opposing this petition, as the proposed uses are not compatible with the shopping center developments located north and south of the subject property. - 20 - 5/22/78. Mr. Sanson moved that a communication be sent to the Board of County Commissioners opposing this petition, seconded by Mr. Chapin. The motion passed unanimously. 9.b. This item was discussed earlier, after item 6.b. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on May 16th, unanimously recommended that the final plat approval request of Shadywoods (Phase II) located on the north side of Linton Boulevard between Military Trail and Dover Road be approved, subject to the following: (1) Comments of the Director of Public Utilities as stated in his April 17th memorandum. (2) Requirements of the South Florida Water Management District as stated in their permit issued January 19th. Mr. Scheifley moved for the final plat approval of Shadywoods (Phase II), subject to the two contingencies, seconded by Mr. Chapin. The motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on May 16th, unanimously recommended that the site and development plan approval request for stores and warehouses for E.J. Spence located at the southwest corner of the intersection of the F.E.C. Railroad and N.E. 4th Street be approved, subject to the following: (1) Comments of the Director of Public Utilities as stated in his April 27th memorandum. (2) Comments of the Community Appearance Board as stated in their May 10th minutes. (3) A time limitation of 12 months be set for development of the project. Council may take action on the item or refer to a future workshop meeting. Mr. Chapin moved that Council sustain the unanimous recommenda- tion of the Planning & Zoning Board, seconded by Mr. Scheifley. The motion passed unanimously. 9.e. City Manager Mariott reported that the Planning & Zoning Board at a meeting held on May 16th, unanimously recommended that the site and development plan approval request of Abbey Delray at the inter- section of Congress Avenue and Lowson Boulevard be approved, subject to the following: (1) Comments of the Director of Public Utilities as stated in his May 5th memorandum. (2) Comments of the City Engineer as stated in his May 5th memorandum. (3) Comments of the Community Appearance Board as stated in their May 10th minutes. (4) That the applicant shall have until September 27, 1979 to develop the project. This request represents a major modification to the site plan that was approved by City Council on September 27, 1976. The modification consists of adding carports over the parking areas. Council may take action on the item or refer to a future workshop meeting. Mr. Chapin moved to sustain the unanimous recommendation of the Planning & Zoning Board, seconded by Mr. Scheifley. The motion passed unanimously. - 21 - 5/22/78. 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 Mrs. Durante. The motion passed unanimously. General Fund ............... $899,005.75 Federal Revenue Sharing Trust Fund .... 100,000.00 Cigarette Tax Fund ........... 33,105.00 Special Projects Fund ........ i . 78,030.00 Beach Restoration 28.8,111.68 Lowson Blvd. W & S Project ........ 5,500.00 Federal Public Works Fund ........ 92,960.48 Water and Sewer Fund ........... 411,527.74 Mr. Chapin moved, at 10:30 P.M., for the adjournment of the meeting, seconded by Mrs. Durante. The motion passed unanimously. City clerk 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 22, 1978 which minutes were formall~ 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. - 22 - 5/22/78.