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07-10-78 July 10, 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, July 10, 1978, with Mayor Leon M. Weekes presiding, and City Manager J. Eldon Mario-tt, City Attorney Roger Saberson, and Council members Charlotte G. Durante, and James H. Scheifley, present. Council members Robert D. Chapin and Aaron I. Sanson, IV, were absent. Mr. Chapin was on vacation and Mr. Sanson was at a meeting in West Palm Beach. i. The opening prayer was delivered by Reverend Wallace Mast, ~hUrch of the ~alms. There was a moment of silent prayer in the memory of Mr. Jack Detwiler %7ho is the immediate past president of the Civil Service Board who passed away over the weekend. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Scheifley moved for the approval of the minutes of the regular meeting of June 26, 1978, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mrs. Durante stated that there is a problem concerning water billing by the City, in cases where a tenant leaves and the water bill is passed on to the landlord. She noted a particular situation that she is aware of in which a rented apartment has a water bill, as of today, which totals $418.40 and is on the shut-off list. Notice is about to be served to the owner of that property about that water bill. This is also the'case of a running faucet which was supposed to have been repaired by the landlord. In one month's time, that water bill jumped $100. This is a problem that needs some attention. In response to a statement by the City Manager, Mrs. Durante noted that the landlord might not know that there is a leaky faucet because the landlord does not get the water bill. The land- lord should have been informed. Mayor Weekes stated that the City should not get stuck for the water bill in a situation like this nor should the landlord. The City Attorney stated that the way the matter was left last time was that the feasibility of notifying the landlord in conjunction with the accountholder was going to be checked to see if that would be feasible with our billing system. From a legal stand- point, there is a state statute, Chapter 159.17 of the Florida Statutes that permits the City to have a lien on any property that is served by water or sewer service when there are bonds that have been issued on that system, which is true in Delray. Therefore, being a lien on the property, it is something that the owner or landlord would be charged with. There is an alternative that the City has discussed before and that is to raise the initial deposit required. The Mayor asked the City Manager to get some figures as to how much money is involved where this lien is levied against the land- lord so Council could see just what size problem they are dealing with. 4.a.2. Mrs. Durante asked Council's consideration for resolution of support for what the community is calling a "Roots Cultural Festival". Mrs. Wesley, one of the coordinators of this plan, spoke on behalf of it. She stated that their plans are grandiose and they hope the festival to be also. The festival has several objectives. One is to keep the cormmunity interested in doing things to upgrade the community, and to keep community pride in the eyes of the commun- ity. Another is to let all of Delray see what a rich cultural heritage that we have in Delray in terms of various backgrounds, and we hope that it could develop into something like that which the City of Coconut Grove has done and what the City of Key West has done. Key West has a roots festival. Coconut Grove has a festival which has turned into a tourist attraction. Various activities are planned to interest young and old people. A parade has been planned which will have flagbearers with flags from various countries. Also, a tennis tournament, a swim meet, and a display of graphic arts is planned. West Palm Beach has an Afro Arts Festival and they are going to cooperate. It is also planned to have a children's theater and an adult's theater. Committees that are working on all these things have been formed. Resolution No. 58-78 was presented for Council considera- tion. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORT- ING THE JEFFERSON MANOR HOMES ASSOCIA- TION AND THE DELRAY BEACH VOTERS LEAGUE ~i~i~ IN THEIR EFFORTS TO SPONSOR THE FIRST ~ ~ "ROOTS CULTURAL FESTIVAL" IN THE CITY .~ OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 58-78 is on file in the official Resolution Book.) Mr. Scheifley moved for the adoption of Resolution No. 58-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed unanimously with a 3 to 0 vote. 4.b. Mr. Scheifley requested that the administration get an update on Sarah Gleason Park. The City Manager stated that it certainly should be finished before the season this year with the possible exception of landscaping. Landscaping and similar improvements are to be con- sidered in the new budget from Federal Revenue sharing funds and assuming that that is approved, then it should be opened and fully landscaped. 5.a. Torre Wallin stated that in the last 1½ - 2 years, they have spent roughly over $10,000 replacing galvanized piping, where, if they had been properly installed would not have been necessary. No diodes were installed in any place on these risers at Tropic Bay. As a result, they have now replaced all but 10 of all the risers with copper and with proper diodes where they are joining the iron piping. Also, there has been a considerable amount of trouble where aluminum wiring is used and the reason for the trouble is because the aluminum is not properly sealed where it is connected into the breakers. They have had about 5 cases where breakers have burned out and have to be replaced at considerable cost. He did not feel proper inspections were made. 5.b.1. John Donovan, 1515 Gallinule Drive, complimented the people that work in the Trash Department for the wonderful job they have done in Bass Creek in picking up all the trash for all the families that moved in. 5.b.2. Mr. Donovan stated that the City has an ordinance that dogs are licensed from June 1st to June 1st. He further stated that scarcely a fraction of the dogs here are properly licensed . These dogs should have rabies shots. He suggested that publicity be given in the free papers and that people that had licenses last year be given a notice for renewal and that a concerted effort be made to license all the dogs here within the City. The City Attorney agreed to look into this matter. 6.a.1. The City Manager noted that Delray Beach is a member of the Metropolitan Area Planning Board and that Mr. Sanson serves as a member of the group. They also have A Technical Advisory Committee. Former City Engineer, Mark Fleming, was a member when he was City - 2 - 7/10/78 Engineer. The Planning Director was the alternate member. The City Manager then asked that Council recommend the appointment of Kirk Schreiber, a civil engineer in the engineering department, as the City's member of the Technical Advisory Committee and that it re- commend the appointment of Gerald Church, the City Engineer, as the alternate member. Mr. Scheifley moved that whoever appoints the Technical Advisory Committee, that it be the recommendation of Council for Kirk Schreiber to the Technical Advisory Committee and Gerald Church as the alternate, seconded by Mrs. Durante. Said motion passed unanimously. 6.a.2. The City Manager advised that the City's application for grant funds for solar energy at the Pompey Park Building in the amount of $157,600 has not been approved, as he was informed from Washington by telephone. There is supposed to be a letter in transit informing the City of that. The City Manager stated he has dis- cussed this with Roy Simon, the architect, and they suggest that the City delay giving the contractors word to proceed in the absense of solar energy as long as possible, which probably can be no more than another two or three days in order to let them proceed with construc- tion without the solar energy feature. The Community Development Office of the County and the City are very disappointed that this grant has not been approved. Mayor Weekes stated that the Council has no alternative but to instruct the architect to ask the contractor to proceed on the alternate basis, using conventional energy. As far as waiting for the letter to get here, there is no telling how long that might be. It was the consensus of Council to proceed in this manner. 6.a.3. The City Manager stated that the latest revision of the Operations Agreement between the South Central Regional Wastewater Treatment and Disposal Board (SCRWTD) and Delray Beach for operation of the plant was passed out to members of the Board and others at the last Board meeting on June 29th. He and Paul Startzman have reviewed it and they both are in agreement with it as are the attorneys. This will be on the SCRWTD Board meeting for Thursday night of this week. Mayor Weekes stated that no motion is necessary. The members of the Board just wanted to be certain that the City Manager and the City Attorney were in agreement on the document. 6.a.4. The City Manager stated that the City has a request from the Sunrise Kiwanis Club with regard to a special day of celebration that they call "Delray Beach Festival Day". They had something similar last year. The request originally came in by letter back in May and what they need is City Administration approval for use of certain City park facilities. It was forwarded to the City Attorney's office and the Assistant City Attorney suggested that this be con- sidered and acted on by Council. As far as the City Administration is concerned, the only question is that they plan on using skydiving in connection with this, and whether or not there will be a possi- bility of injuries resulting from the skydiving. Franklin Boyar, 118 Bonnie Briar Lane, spoke on behalf of the Sunrise Kiwanis Club. He stated that they had three skydivers last year. This is the same group of skydivers that has performed a dozen times in the last year diving onto the beach and at Lake Ida. They have changed their waiver of liability to include the city. The City Attorney stated that there was an amendment to the waiver of liability for the joggers and they will each sign such a provision. The difference with this is that if the skydiving does run afoul, it will not only be the skydiver that has a problem,but it may cause car accidents and so forth. Mr. Shandy who has been the one reviewing this project, felt it would be too great a risk to have the skydivers participate in the program. They did participate last - 3 - 7/10/78 year and there was no problem at that time, but that particular aspect of it is something that needs to be looked into further. As for the rest of the project, the reason it was suggested that Council approv- al be sought is more to inform Council and have Council endorsement of the program so that there will be cooperation and communication between the City and the club. Mr. Boyar further stated that they also have a hang glider that comes and performs and goes up into the air very high coming off the ocean. Mayor Weekes, in response to Mr. Boyar's statement, stated that hang gliding would not have the involvement of the public. There is not much likelihood that he would land on someone's house or car or somebody's person. The danger there would be to the hang glider and a waiver there would suffice in that instance. Mr. Scheifley moved that Council endorse the concept of this Sunrise Kiwanis Day with the understanding that there will be no financial liabilities as far as skydiving is concerned, seconded by Mrs. Durante. Said motion passed unanimously. 6.a.5. The City Attorney reported that Ordinance No. 42-78, an annexation ordinance, is before Council for passage consideration on First Reading. This is referred to as the Pebb annexation. It is a piece of property that City Council has previously approved bringing into the City at R-1AAA. It has been approved by the County Comm- ision. The property owner requested that this matter be moved for- ward as qmickly as possible. It has been approved by all parties necessary. The City Manager presented Ordinance No. 42-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH PARCELS OF LAND LOCATED IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 42-78 on First Reading, seconded by Mrs. Durante. Upon roll call, Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. The motion passed with a 3 to 0 vote. 6.b. The City Manager noted that two terms of the Delray Beach Housing Authority expire on July 14, 1978. Those terms being the Reverend Semmie Taylor and John Banting. It was informally decided at the Workshop meeting of July 3rd that Dr. Warren Nubern would be appointed to one of the terms at tonight's meeting and Council may now consider filling the other vacancy. The City Attorney stated that under the State Statute, it is necessary for the mayor to appoint, subject to the approval of City Council. Mayor Weekes appointed Dr. Warren Nubern and Mrs. Nadine Jones Hart. Mr. Scheifley moved that the appointments of the Mayor be rejected. The motion died for lack of a second. Mayor Weekes appointed Dr. Warren Nubern to the Housing Authority for a four year term beginning July 14th to replace Reverend - 4 - 7/10/78 485 Taylor. Mrs. Durante moved to confirm the recommendation of the Mayor of that appointment, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. Mayor Weekes appointed Mrs. Nadine Jones Hart to replace Mr. John Banting on that board for a four year term beginning July 14th. Mrs. Durante moved to confirm the appointment of Mrs. Nadine Hart to fill that term. The motion died for lack of a second. Mayor Weekes appointed Mr. Edward P. Egan for a four year term beginning July 14, 1978. Mr. Scheifley moved that the mayor's recommendation be accepted, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 6.c. The City Manager noted that the term of Morgan Zook as a member of the Delray Beach Downtown Development Authority expired on July 1st. It was informally decided at the Workshop meeting that this would be on the agenda tonight for Council to consider reappoint- ing Mr. Zook to a three term ending July 1, 1981. Mrs.' Durante moved for the reappointment of Mr. Zook to the Delray Beach Downtown Development Authority, seconded by Mr. · Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 6.d. The City Attorney recommended that Council authorize the retention of Mr. L.C. Sheppard, Jr., of the firm .of Adams, Coogler, Watson, and Smith to defend the City in the lawsuit Tinkham vs. City of Delray Beach and the individual police officer named as a defend- ant and the rate authorized to be $50 an hour plus costs. Mr. Scheifley moved to accept the recommendation of the City Attorney, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 7.a. Mayor Weekes acknowledged receipt of the minutes of the Beautification Committee meeting held on June 7, 1978. He noted that they are requesting that a city ordinance be put through to require developers to put in perimeter paths in their plans and to pay for these the same as they do their landscaping. Council attention is requested on the matters of the ordinance for developers to put in perimeter bike paths. Mrs. Durante moved to refer this matter to the Planning and Zoning Board for study and recommendation, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley ' Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 7.b. The City Manager reported that a communication has been received from the Area Planning Board dated June 23, 1978 requesting A-95 Clearinghouse review and comments relative to the Palm Beach County Board of County Commissioners Fourth Year Community Develop- ment Application FY-78-79. The City Manager advised that his office responded under the new procedure to this request in a favorable way. It is on the agenda for Council to either confirm the action taken by the City Manager or to rescind it. Mrs. Durante moved that Council confirm the action taken by the City Manager, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. - 5 - 7/10/78 8.a. The City Manager reported that Resolution No. 55-78 supporting the South County Mental Health Center in their efforts to obtain a child abuse grant is before Council for passage consideration. The City Manager presented Resolution No. 55-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORT- ING THE SOUTH COUNTY MENTAL HEALTH CEN- TER IN THEIR EFFORTS TO OBTAIN A CHILD ABUSE GRANT WITH THE FEDERAL GOVERNMENT. (Copy of Resolution No. 55-78 is on file in the official Resolution Book.) Mrs. Durante moved for the adoption of Resolution No. 55-78, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 8.b. The City Manager reported that Resolution No. 56-78, authorizing construction of an expansion to the Wastewater Service Building at 1700 Lake Ida Road is before Council for consideration. The City Manager stated that three bids have been received for the construction of this building. They are as follows: Bidder Quotation R.J. Sullivan Company $36,300 Coral Springs Janus Brothers Construction 44,545 Coconut Creek Fullwood & Burns, Inc. 43,440 West Palm Beach It is recommended that Resolution No. 56-78 be adopted awarding the contract to the low bidder, R.J. Sullivan Company in the amount of $36,300. The funding will come $30,000 from an account that is specifically budgeted for this purpose in the current budget with the remaining $6,300 to come from the utility fund budget. The City Manager presented Resolution No. 56-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZ- ING CONSTRUCTION OF AN EXPANSION TO THE WASTEWATER SERVICE BUILDING LOCATED AT 1700 LAKE IDA ROAD, AND ACCEPTANCE OF BIDS FOR SAID EXPANSION. ~Copy of Resolution No. 56-78 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 56-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 8.c. The City Manager reported that the following four quotations ~-~-ve been received for the completion of the sanitary sewer system in the Sudan Subdivision: Bidder Quotation Onontario of Palm Beach, Inc. $19,200 Riviera Beach Atlantic Underground Construction 19,500 Boynton Beach - 6 - 7/10/78 487 Harvel of Deland ~ $20,450 Delray Beach Lyons Construction Company 21,100 Pompano Beach It is recommended that the award be made by the passage of Resolution No. 57-78 to Onontario of Palm Beach, Inc.,in the amount of $19,200 for which adequate funding is available. The City Attorney asked Council, as part of adopting this resolution, that the requirement of a payment performance bond, as required by State Statute be waived on this particular project. The City Manager presented Resolution No. 57-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE COMPLETION OF THE SANITARY SEWER SYSTEM IN THE SUDAN SUBDIVISION. (Copy of Resolution No. 57-78 is on file in the official Resolution Book) Mrs. Durante moved for the passage of Resolution No. 57-78, with the provision that the payment performance bond be waived, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 8.d. The City Manager reported that Ordinance No. 12-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to district boundary lines is before Council for consideration on First Reading. This was discussed at the July 3rd Workshop meeting. The City Manager presented Ordinance No. 12-78: AN ORDINanCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 29-17 (J) (1) (2) AND (3) AND REPLACING SAID SUBSECTIONS WITH THOSE CONTAINED HEREIN RE- LATING TO SPECIAL SETBACK REGULATIONS WHEN INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY EITHER DIRECTLY ABUTS RESIDENTIALLY ZONED PROPERTY OR WHERE INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY IS NEAR BUT SEPARATED FROM RESIDENTIALLY ZONED PROPERTY; FURTHER PROVID- ING FOR METHODS OF SCREENING THE INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY FROM THE RESI- DENTIALLY ZONED PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for passage of Ordinance No. 12-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 8.e. The City Manager reported that Ordinance No. 27-78 is before Council for consideration on First 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 was discussed at the July 3, 1978, Workshop meeting. The City Manager presented Ordinance No. 27-78: - 7 - 7/10/78 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 29-1 "DEFINITIONS" TO ADD TRELLIS; AMENDING SECTION 29-17 "SUPPLEMENTARY REGULATIONS" (G) TO PERMIT TRELLISES IN SETBACKS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 27-78 on First Reading, Seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 8.f. The City Manager reported that Ordinance No. 37-78 relative to annexing a 14,451.8-square foot parcel of land located in Section 8-46-43 at the southeast corner of the intersection of N.W. 9th Street and N.W. 8th Avenue subject to R-1AA ~Single Family Dwelling) District has been prepared for Council consideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family). Council, at the June 26th meeting, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 37-78. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 37-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 8.g.. The City Manager reported that Ordinance No. 38-78, amending Chapter 27 "Sanitary Sewerage!' relative to new rates for sanitary sewers is before Council for consideration on First Reading. This was discussed at the May 1st Workshop meeting. The City Manager presented Ordinance No. 38-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27, ARTICLE III, "SANITARY SEWERAGE" OF THE CODE OF ORDINANCES BY REPEALING EXISTING SECTION 27-28 (a), (b) AND (c) AND ENACTING A NEW SEC- TION 27-28 (a) AND (b) REVISING THE RATE STRUC- TURE FOR USERS OF THE CITY SANITARY SEWERAGE SYSTEM TO PROVIDE ADEQUATE REVENUES FOR CON- TINUED OPERATION AND ~INTENANCE OF THE CITY SANITARY SEWERAGE SYSTEM AND COMPLY WITH REQUIREMENTS OF THE ENVIRONMENTAL PROTECTION AGENCY; RELETTERING PRESENT (d) AND (e) AS (c) AND (d) RESPECTIVELY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Attorney stated that this ordinance is an imple- mentation of the Russell & Axon Sewer Rate Review Dated May, 1978. - 8 - 7/10/78 There is also a letter dated June 21, 1978 from Dennis Kay of Russell & Axon which further explains the EPA requirement and also the reason for the rate increase. Mr. Scheifley moved for the passage of Ordinance No. 38-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 8.h. The City Manager reported that Ordinance No. 39-78, amending Chapter 29 "Zoning" of the Code of Ordinances relative to accessory buildings in zero lot developments is before Council for consideration on First Reading. This was discussed at the July 3rd Workshop meeting. The City Manager presented Ordinance No. 39-78: 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 REPEALING SECTIONS 29-6(P) (3) RM-6, 29-7(P) (3) RM-10, AND 29-8(P) (3) RM-15 AND SUBSTITUTING THEREFOR NEW SECTIONS 29-6(P) (3) , 29-7(P) (3) AND 29-8 (P) (3); REPEAL- ING SECTIONS 29-8.1(R) (9) PRD-4, 29-8.2(R) (9) PRD-7, 29-8.3(R) (9) PRD-10 AND SUBSTITUTING THEREFOR NEW SECTIONS 29-8.1(R)(9) PRD-4, 29-8.2 (R) (9) PRD-7, 29-8.3(R)(9) PRD-10 RELATING TO ACCESSORY BUILDINGS IN ZERO LOT LINE DEVELOP- MENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 39-78 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed by a 3 to 0 vote. 8.i. The City Manager reported that Ordinance No. 40-78, amending Chapter 29 "Zoning" of the Code of Ordinances relative to allowing a caretaker's residence in conjunction with warehouse pro- jects is before Council for consideration on First Reading. This was discussed at the July 3rd Workshop meeting. The City Manager presented Ordinance No. 40-78: 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 29-1 "DEFINITIONS" TO ADD CARETAKER; AMENDING SECTIONS 29-12(N) (5) (c)(1), 29-14 (B) (43), 29-15(B) (56) AND 29-17(H) (1) WAREHOUSES TO INCLUDE CARETAKER RESIDENCE WHEN LOCATED WITHIN THE PROJECT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for passage of Ordinance No. 40-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed by a 3 to 0 vote. The City Manager reported that Ordinance No. 41-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to off street parking is before Council for consideration on First Reading. The City Manager presented Ordinance No. 41-78: - 9 - 7/10/78 49]) 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 REPEALING SECTION 29-18(B) (2) (a) (2) ~qD ENACTING A NEW SECTION 29-18(B) (2) (a) (2) RELATIVE TO THE LOCATION OF ALTERNATE OFF STREET PARKING SITES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 41-78, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on June 20th recommended by unanimous vote that the site and development plan approval request for Golf Park Villas, north of Lowson Boulevard between Congress Avenue and S.Wo 20th Court be approved, subject to the following: 1. Comments of the Director of Public Utilities as stated in his May 30, 1978 memorandum. 2. Comments of the City Engineer as stated in his June 20, 1978 memorandum. 3. Approval by the City Attorney's office as to documentation per- taining to common areas. 4. A time limitation of 12 months be set for development of the project. This is for 26 dwelling units on 1.852 acres of land. This was dis- cussed by Council at its July 3rd Workshop meeting. The City Attorney suggested that in Council approval, Council add the condition of availability of water as has been done in the various site plan approvals. Mrs. Durante moved that Council sustain the recommendation of the Planning and Zoning Board to approve the site and development plan as requested for the Golf Park Villas, subject to the avail- ability of water, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed unanimously. Before roll call on the motion, the City Manager, in re- sponse to a question from Roy Simon, architect, stated that this is a standard clause that is being inserted. This development is not being singled out. All this does is get the City off the hook should the developer not be able to get water. At this point the roll was called to the motion. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on June 20th recommended by unanimous vote that part of Spanish Circle and Spanish Trail which lies within the Pelican Harbor development be abandoned because this is a well planned, private, self-contained, and secure PRD development and every effort should be made to achieve this. The subject property is in Section 33-46-43 and is located at the northeast corner of the intersection of U.S. No. 1 and the C-15 Canal. It is recommended that consideration be given to requiring the developer to pay the City for the abandoned public street right- of-way, which will be added to his land for private development purposes. This was discussed at the Workshop meeting on July 3rd. - 10 - 7/10/78 The City Manager stated that concerning the abandonment of a connection between the cities of Delray Beach and Boca Raton, the City Engineering Department made contact with the city of Boca Raton to get their reaction. The City Engineer of Boca Raton is opposed to the closing for two reasons: (1) It is a sound bridge and it provides an emergency exit for both cities and (2) Concerns the traffic signalization. The City Manager reported that Delray's City Engineering Department looked at the probable cost of installing a traffic signal on Federal Highway at two locations. The first one at Tropic Isle Drive which would be the access way to the subject development and the cost is estimated to be on the order of $35,000 total for installing the traffic signal at that location to be paid by someone. The second location that was looked at was Lindell Boulevard as a sub- stitute for Tropic Isle Drive. The estimated cost at that location would be $25,000 or $10,000 less. It is thought by the traffic engineers that that would be a much more effective location traffic- wise than at the Tropic Isle Drive location for many reasons. If this location were used, it would call for the obtaining of consid- erable additional right of way along the east side of Federal Highway on which to build a new street plus the construction cost of the street. So, all in all, it would end up costing more money, but it is thought by the engineers that it would be better in the long run. The City Manager further stated that concerning the right of way itself that is the subject of abandonment proceedings~ Art Sprott did a quick appraisal for the City. Council should give consideration as to whether it wants to charge the developer the fair market price for that land that would become a part of his development, if it is abandoned. The estimates may turn out to be a little diff- erent should proceedings call for making an exact determination. Mr. Sprott made his appraisal based on the square footage given him. These reportedly are an estimated 37,604 square feet totalled in the two 'street locations that are the subject of abandonment. Mr. Sprott appraises the property at a value of $1 per square foot. Mr. Scheifley stated that according to two letters he has read, it is his understanding that both Gerald Church and Kirk Schreiber are opposed to this abandonment. He asked the City Manager if he agreed with Mr. Church. The City Manager stated that he has not had the opportunity to go into detail as these gentlemen have in studying it and he is not prepared to express his own personal judgment. Council has the judgment of our City Engineer and the Planning and Zoning Board. Mayor Weekes stated that he has no objection to abandoning Spanish Circle, and he can see the wisdom in abandoning Spanish Trail where it crosses the C-15 canal and having another ingress and egress from Boca Raton. Alan Ciklen with the law firm of Boose and Ciklen of West Palm Beach, representing the developer, stated that they are not going to abandon the bridge at this particular time. The only thing they are asking for is to abandon and vacate the roads that were previously dedicated by plat. They also will cooperate with the city of Boca Raton and if they elect to abandon any rights of way there, they will go through Boca Raton's procedure. They have no objection to paying their fair share for the traffic lights. Mayor Weekes stated that he does not believe that the developer should be required to pay for the abandoned right of way. This city has abandoned alleys, streets, and subdivision plats and never before has this subject been raised. Those streets were dedi- cated to the City by a developer and if they are abandoned, public policy has always been that they will revert to the landowner. There is no reason for anybody to research this. Mrs. Durante moved that Council defer items 9b and 9c until the August 14th regular meeting of Council, seconded by Mr. Scheifley. - ll - 7/10/7S Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 9.c. This item was taken care of in the previous motion to defer 9b and 9c until the August 14th regular meeting of Council. 9.d. The City Manager reported that the Planning and Zoning Board ~t a meeting held on June 20th recommended by a vote of 6 to 1 (Carey dissenting) that the Green rezoning request of a parcel of land from R-lA (Single Family Dwelling) District to LI (Light Industrial) District located in Section 20-46-43 at the southWest corner of the intersection of Swinton Avenue and Southridge Road be approved for the following reasons: 1. The change would not adversely affect property values in the area. 2. The LI District would act as the buffer to the MI uses. 3, The change would not be contrary to the existing land use pattern. 4. The change would not create an isolated district unrelated to adjacent districts. This item was discussed at the Workshop meeting of July 3rd and Council may authorize the City Attorney to prepare the rezoning ordinance. Mrs. Durante moved that Council sustain the recommendation of the Planning and Zoning Board relative to rezoning a parcel of land from the R-lA District to the LI District and instruct the City Attorney to prepare such an ordinance and authorize the City Clerk's office to send out the required notices, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 10. The City Manager recommended that Council approve payment of the City's bills. Mr. Scheifley moved that Council ratify payment of the City's bills, seconded by Mrs. Durante. Said motion passed unanimously. General Fund ........... $383,254.76 Cigarette Tax Fund .......... 6,105.00 Special Projects Fund ........ 3,540.00 Beach Restoration .......... 85,000.00 Water & Sewer Fund .......... 21,319.18 · he Mayor stated that before Council adjourns, there is one item he would like to get some input on and that is approval of the report of Russell & Axon on construction of the water treatment plant. Council deferred this out of deference to Mr. Sanson to enable him to get some input from Mr. Paslay. It has been some 2 or 3 weeks ago and if we keep~deferring it we will run out of time and not be able to maintain our schedule. Russell and Axon is going to come back to us and rightfully say, "You were the ones that held us up for 30 days and that is why we are late". The City Manager suggested Council hold a special meeting before the Workshop meeting on Monday. Mayor Weekes agreed. Mayor Weekes asked that someone call Mr. Sanson and tell him that Council expects this to be on the special meeting for ne:~t Monday night and if he has any input to be prepared to have it at that time. Mr. Scheifley moved at 8:50 P.M. for the adjournment of the meeting, seconded by Mrs. Durante. Said motion passed unanimously. - 12 - 7/10/78 City Clerk APPROVED: 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 July 10, 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. - 13 - 7/10/7s