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07-24-78 July 24, 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 24, 1978, with Mayor Leon M. Weekes presiding, and Acting City Manager Elizabeth Arnau, City Attorney Roger Saberson, and Council members Robert D. Chapin, Charlotte G. Durante, and Aaron I. Sanson, IV (arrived at 7:10), present. City Manager Mariott and Mr. Scheifley were absent. They are on vacation. 1. The opening prayer was delivered by Reverend Robert C. Klemm, Trinity Lutheran Church. 2. The Pledge of Allegiance to the flag of the United States o~ America was given. 3. Mrs. Durante moved for the approval of the minutes of the regular meeting of July 10, 1978, seconded by Mr. Chapin. Said motion passed unanimously. 4.a. Mr. Chapin stated that he is satisfied that things are going along well and that he has no criticism to make~ 4.b.1. Mrs. Durante stated that last Friday she met with Mr. Serafin Leal to talk about putting together a comprehensive program to deal with neighborhood revitalization and beautification. Mr. Leal is going to work up a preliminary plan and hopefully within a month or so he will be ready to make a presentation to Council. 4.b.2. Mrs. Durante, after having discussed it with the City Attorney, suggested that the matter of the Certified Auto Shop be brought before the Planning & Zoning Board and they then could give Council their decision before Council takes action on it. It is on the Planning & Zoning Board's agenda for tomorrow morning. 4.c.1. Mayor Weekes asked for Council,s permission to move item 8.d. up to item 6,b. because it is related to 6.b. It was the consensus of Council to move this item up just before item 6.c. and after 6.b. of tonight's agenda. 4.c.2. Mayor Weekes read a proclamation proclaiming the week of August 1 - 7, 1978 as Clown Week. Mr. Ray Gerner accepted the proclamation. 5. There were no public requests from the floor. Mr. Sanson arrived,the time being 7:10 P.M. 4.d. Mr. Sanson apologized to Council for being tardy and stated that he had one item to present. He was contacted today by the executive director of the Treasure Coast Regional Planning Council on which he serves. The executive director wanted him to bring to Council's attention, and perhaps they could schedule this for a Work- shop agenda, that he was notified last week by the state agency that is in charge of coastal zone management that some $200,000 - $250,000 has been allocated from state monies to be distributed to any govern- mental entities that wish to have studies or projects that they would like to perform relating to coastal zone management. It is on an 80/20 contribution split. The ~City would have to pay 20% of anything that they decided to do but the executive director wanted the City to know that that was available and, as such, we might want to give some thought before talking about it at Workshop to any ideas that we might have. The Acting City Manager made note of this for a future Workshop. 6.a. The Acting City Manager reported that Resolution No. 66-78 vacating and abandoning the south five feet of Lot 16, Delray Beach Esplanade and giving the City the south fifteen feet of the north 25 feet of Lot 25, Ocean Breeze for utility purposes is before Council for consideration. Mayor Weekes stated that this was brought to his attention by Mr. Simon who is the architect for the people who own a dwelling at the Cul-de-sac on Vista Del Mar. They had already contracted to put the pilings in for a swimming pool in an addition to the house when they found that there was a utility easement in the way of the construction. There are no utilities located in the easement. All of the public utilities have agre~d to the abandonment and the re- location of that easement. The City Engineer's office has approved it. It will appear on the Planning & Zoning Board's agenda in the morning. The resolution states that it is passed contingent upon approval by the Planning & Zoning Board. The Acting City Manager presented Resolution No. 66-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE SOUTH FIVE FEET ~5') OF LOT 16, DELRAY BEACH ESPLANADE AS RECORDED IN PLAT~BOOK 18, PAGE 39, OF PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 66-78 is on file in the official Resolution Book) Mrs. Durante moved for the passage of Resolution No. 66-78, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 6.b. Mayor Weekes presented City Service Awards to John B. Banting and Semmie L. Taylor for their service as members of the Delray Beach Housing Authority and to the late John G. Detwiler for his service as a member of the Civil Service Board. Mr. Banting and Reverend Taylor were not in the audience and the Acting City Manager agreed to see to it that they received their awards. 8.d. The Mayor noted that he had asked that item 8.d. be moved up to this item, item 8.d. being Resolution No.'62-78 recognizing and commending the late John G. Detwiler, who was until recently the Chairman of the Civil Service Board, for his outstanding contribution to the City by his dedicated and untiring service on the Civil Service Board. Mr. Chapin moved for passage of Resolution No. 62-78, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Chapin stated that it is his sad but proud duty to present for con- sideration of this Council, Resolution No. 62-78, recognizing the efforts of Jack Detwiler for his untiring and unselfish service to this community, as Chairman of the Civil Service Board. Mr. Chapin stated that it was at his suggestion four years ago that Jack Detwiler be considered as chairman of that board and he served extraordinarily well and was very fair and equitable in his rulings on behalf of the City and its employees; it is with great pride and pleasure that he moves that Council adopt Resolution No. 62-78. Mr. Sanson stated that he feels that Mr. Detwiler was one of the finest people that has served this City, that there was no question at any time that his motivations and his interests were entirely unself-motivated. The City was very fortunate to have Mr. Detwiler as a citizen of this town. - 2 - 7/24/78 Mayor Weekes noted that while Council does not normally read resolutions, he will read Resolution No. 62-78. Mayor Weekes presented Resolution No. 62-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA COMMENDING JOHN G. DETWILER FOR HIS DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, AS A MEMBER AND CHAIRMAN OF THE CIVIL SERVICE BOARD. (Copy of Resolution No. 62-78 is on file in the official Resolution Book) At this point the roll was called to the motion. Mrs. Detwiler came forward to accept the resolution and award. 6.c. The Acting City Manager reported that as authorized by Council at the June 26th meeting, the 7-acre tract of City-owned land on the north side of Lake Ida Road east of the E-4 Canal was offered for possible sale at Public Auction on July 13, 1978. Mr. Frank W. Geiger, Attorney, representing Southern Leaseholds, Inc., Frank Summerhayes, President, was the only bidder in the amount of $75,000. Consideration should be given to the offer to purchase the tract of land. The City Attorney gave Council a brief update on the Delray Beach Country Club and stated he met with Mr. Strawn last week, the attorney representing Florida Golf Club. They went over several proposals that he (City Attorney) had for inclusion in the contract as well as those that City Council requested. Mr. Strawn was going to get together with his client late last week and prepare a new draft of the contract and as soon as the City Attorney receives that draft, he will be back to Council with it. The City Attorney reported that as far as the property bid is concerned, this property is located north of Lake Ida Road, east of 1-95. It has been discussed by Council on a couple of occasions. It was advertised for sale for bids to be submitted on Thursday, July 13th and as the Acting City Manager has indicated, no other bids were received. The purchase price being offered by the proposed purchaser is $75,000. The appraised value as indicated by Mr. Sprott in his updated appraisal is $81,675. It is within the area where Council could in its discretion accept the proposal. It is not less than the appraised value by more than 10 per cent. Mr. Sanson stated that he is surprised that only one bid came in and asked the City Attorney where and how it was advertised. The City Attorney stated that it was advertised in the Delray News Journal on July 29th and July 6th, as required by City Charter it was advertised for two weeks. Mr. Sanson stated that he does not have any objections to selling the property at that price; however, he does have reservations about letting it go if he cannot feel that there is some insurance that that money is going to be used for a specific purpose of either purchasing more land or perhaps to improve upon existing land that the City might own. He asked the City Attorney what rights the Council would have to make this sale contingent upon these monies being used for a specific purpose. The City Attorney advised that the sale itself could not be made contingent on use for a specific purpose. Either sell the land or don't sell it. As far as the use that the money will be put to once the City receives the money, that is something that Council has to decide in its normal budgetary functions. The closing in the - 3 - 7/24/78 contract is set as December 29, 1978 but Council could, in the budget, make an appropriation allocation for the use of that money. Mr. Sanson stated that if he cannot get some kind of commitment from Council that they are going to make a commitment in this upcoming budget session mandating that the City Manager use this money for some specific function, ~he doubts he will vote to approve this sale. Mrs. Durante, in response to Mr. Sanson's statement, stated that if he feels very strongly about that kind of commitment, then that is something that Council could discuss that would be separate and apart from putting that as a contingency in the sales contract. You cannot bind the buyer of the property as to how the City is going to use the money. Maybe some resolution or some binding document that would be adopted by Council that would dictate the use of this money would be a separate item that could be discussed after the contract to sell the property has been negotiated. Mr. Sanson stated that he just wants to make sure that if the money is put into City accounts that there is some kind of mechanism set up to where the City Manager would have to have special action taken to spend it. The City Attorney went on to explain more about the terms of the contract. The expenses of the sale of the doc .~tamps and the surtax are the City's obligation. A motion should be passed so that title is subject to an easement for ingress and egress by Palm Beach County and also that there will be no tax prorations and that the contract will be further subject to the approval of the City Attorney's office as to format. Mr. Chapin moved that the City accept the bid of Southern Leaseholds, Inc., in the amount of $75,000 subject to the following 3 conditions: access for ingress and egress purposes on behalf of Palm Beach County; no proration of taxes for the year of 1978; and subject to the form of the contract being subsequently approved by the City Attorney, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes;~Mr~. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Reverend Klemm, before roll call, stated that it seems to him and to his church that there is a need for some type of an area that can be used as a playground. There are properties there that are not being utilized and, as a result, their facilities are being strained somewhat by the use of the general public. He questioned if some way of using the properties that are owned along Lake Ida Road to also benefit the entire community has been considered? Mayor Weekes noted that the City desperately needs a small park area in the vicinity of Chatelaine and tall Pines where there are a large number of families with children and he has been trying to locate a small parcel of land out there. The City would entertain the purchase of a piece of property 3 - 7 acres in that general vicinity for park purposes for children. Ed Galloway stated that he felt that running one ad in the Delray News Journal was insufficient, and 7 acres for that kind of money is low. Mayor Weekes, in response to Mr. Galloway, stated that the configuration of the property is very odd. It was a piece of prop- erty that was bisected by Lake Ida Road when Lake Ida Road was put in and paved and improved, and it left the City with a small piece on the north side and a small piece on the south side which is peculiar and difficult to.use. The City did not go out and seek to sell this land; the purchaser came to the City. That is why if the City had been seeking to sell it, we probably would have advertised it more widely. The bid is in line with the appraised value of the property, it is in line with the use potential of the property and it is R-1AA - 4 - 7/24/78 zoning which means that however he cuts the land up he has got to put substantially acceptable housing on it, single family housing. The City can find property better suited to its needs with that money. The Mayor agreed with Mr. Sanson that the money should be used for parks purposes but in a better location than that. Mrs. Durante stated that although the property abuts Lake Ida Road, there is a fence that goes down most of the way, almost to that canal so you would not have much of an access possibility to that property for a park. Also, the City does own a tract of prop- erty close to Trinity Lutheran Church that was at one time used for a practice field for the little league. The residents in that area complained so much that it had to be moved. There is a tract of City owned property across on the south side of Lake Ida Road that could be used if you are talking about a play area or something like that for children on Lake Ida Road. The City may want to look at that. Mr. Sanson added that he doesn't think that many ~sidents of the town are aware that the county government has recently taken under development 10 or 12 acres of land for park purposes right behind this property. At this point the roll was called to the motion. 6.d. The Acting City Manager reported that it is recommended that Council approve the User Charge and Industrial Cost Recovery Report dated June, 1978 prepared by Russell & Axon, Consulting Engi- neers, which aPproval was given by the South Central Regional Waste- water Treatment and DiSposal Board at its last meeting on July 13th. Mrs. Durante moved that Council ratify ~the action of the South Central Regional Wastewater Treatment and Disposal Board at its meeting on July 13th to approve the User Charge and Industrial Cost Recovery Report prepared by Russell & Axon, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 7__~. There were no petitions or communications. 8.a. The Acting City Manager recommended the passage of Reso- lution No. 59-78 accepting all of the sanitary sewer systems and paved streets for all of Dotterel Road from Lindell Boulevard, East, Tropic Palms Subdivision as operational. The Acting City Manager presented Resolution No. 59-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL OF THE SANITARY SEWER SYSTEMS AND PAVED STREETS FOR ALL OF DOTTEREL ROAD FROM LINDELL BOUL- EVARD, EAST INSTALLED IN TROPIC PALMS, PLAT NO.-I AS RECORDED IN PLAT BOOK NO. 25, PAGES 99 THROUGH 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY THE SAID UTILITIES AND STREET IMPROVEMENTS. (Copy of Resolution No. 59-78 is on file in the official Resolution Book.) Mr. Chapin moved that Resolution No. 59-78 be adopted, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 5 - 7/24/78 8.b. The Acting City Manager recommended the passage of Resolution No. 60-78 accepting water utilities and related facilities within the right-of-way of Dotterel Road and Jaeger Drive, Lake Ray Subdivision as operational. The Acting City Manager presented Resolution No. 60-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING WATER UTILITIES AND RELATED FACILITIES WITHIN THE RIGHT-OF-WAY OF DOTTEREL ROAD AND JAEGER DRIVE IN THE LAKE RAY SUBDIVISION AS RECORD- ED IN PLAT BOOK NO. 29, PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY THE SAID UTILITIES. (Copy of Resolution No. 60-78 is on file in the official Resolution Book) Mr. Sanson moved that Resolution No. 60-78 be adopted, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mr. Sanson stated that relative to these two resolutions and several others that have passed, the contractors have really done a nice and commendable job and one in which under the circum- stances was about the best that could be performed. 8.c. The Acting City Manager recommended the passage of Resolution No. 61-78. accepting an extension of sanitary sewers in System No. 31, comprising part of First and Second Sections of Tropic Isle as operational. The Acting City Manager presented Resolution No. 61-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING AN EX- TENSION OF SANITARY SEWERS INSTALLED IN SYSTEM #31, COMPRISING THAT PART OF TROPIC ISLE, FIRST AND SECOND SECTIONS, DELRAY BEACH, FLORIDA IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 24 PAGE 235 AND PLAT BOOK 24 PAGE 246, PALM BEACH COUNTY RECORDS. SAID SEWERS BEING ACCEPTED IN THE FIRST AND SECOND SECTIONS IN TROPIC ISLE IN SYSTEM 31; MAIN 31 LOCATED ON SPANISH TRAIL AND CYPRESS DRIVE, BETWEEN TROPIC BOULEVARD AND CYPRESS DRIVE; LATERAL 31-F ON FLORIDA BOULEVARD BETWEEN AVENUE "A" AND AVENUE "C"; LATERALS IN THE FIRST SECTION IN TROPIC'ISLE: LATERAL 31-A LOCATED ON McCLEARY STREET AND SPANISH TRAIL, BETWEEN TROPIC BOULEVARD AND McCLEARY STREET INCLUSIVE; LATERAL 31-A-2 LOCATED ON EVE STREET; LATERAL 31-B LOCATED ON TROPIC BOULEVARD; LATERAL 31-C LOCATED ON BOLENDER STREET; SAID SEWERS BEING ACCEPTED IN THE SECOND SECTION IN TROPIC ISLE IN SYSTEM #31; LATERAL 31-D LOCATED ON ALLAMANDA DRIVE;' LATERAL 31-E LOCATED ON BANYON DRIVE; LATERAL 31-F-1 LOCATED ON FLORIDA BOULE- VARD BETWEEN AVENUE "C" AND AVENUE "E"; LATERAL 31-G LOCATED ON SPANISH TRAIL BETWEEN AVENUE "E" AND CYPRESS DRIVE 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. - 6 - 7/24/78 O0 7 (Copy of Resoluti°h Ne. '6~8~ ~is on file in the official Resolution Book) Mr. Chapin moved that Resolution No. 61-78 be adopted, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.e. The Acting'City Manager stated that it was informally decided at the Workshop meeting on July 17th to adopt a resolution naming the building in Pompey Park the Pompey Park Community Center. Resolution No. 63-78 has been prepared and is before Council for consideration. The Acting City Manager presented Resolution No. 63-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA NAMING THE NEW RE- CREATION BUILDING LOCATED IN THE C. SPENCER POMPEY PARK, 240 N.W. 10TH AVENUE, AS "POMPEY PARK COMMUNITY CENTER". (Copy of Resolution No. 63-78 is on file in the official Resolution Book) Mrs. Durante moved for the passage of Resolution No. 63-78, seconded by Mr. ChaPin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.f. The Acting City Manager reported that Council decided at the last Workshop meeting on July 17th to have a resolution prepared for adoption consideration regarding the property tax rate, which resolution was suggested by Council Member Chapin. Mr. Chapin stated that Resolution No. 64-78 is rather short, and as he was the one who initiated this particular resolu- tion, he would like to read it. Mr. Chapin presented Resolution No. 64-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PALM BEACH, THE PALM BEACH COUNTY SCHOOL BOARD AND THE BETHESDA MEMORIAL HOSPITAL REDUCE MILLAGE RATES TO THE EXTENT NECESSARY TO OFFSET INCREASED REVENUE RESULTING FROM THE INCREASE IN THE ASSESSED VALUATION FOR 1978, BY ADOPTING BUDGETS LESS THAN THE COUNTY PROP- ERTY APPRAISER'S CERTIFIED MILLAGE FOR 1978. (Copy of Resolution No. 64-78 is on file in the official Resolution Book) Mr. Chapin read Resolution No. 64-78. He stated that he felt that the fiscal integrity requires that once the assessed valu- ation goes up that the taxing district reduce the millage accordingly a~d we are doing it in Delray Beach. The total millage in Delray is some 28 mills and we represent only one-third of the total millage. The remaining two-thirds is made up by the county, the school board, the hospital and other taxing districts. So while we may exercise fiscal responsibility and integrity, he is hopeful that the other taxing districts in the county will do the same as it affects the residents of Delray Beach. That is why he is pleased to recommend to Council the passage of Resolution No. 64-78. Mr. Chapin moved for passage of Resolution No. 64-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 7 - 7/24/78 The Acting City Manager reported that it is recommended that Council adopt Resolution No. 65-78 providing for the issuance of Utility Tax Revenue Bonds in the amount of $4,500,000 per prior Council action. The Acting City Manager presented Resolution No. 65-78: A RESOLUTION AUTHORIZING THE ISSUANCE OF $4,500,000 UTILITIES TAX REVENUE CERTIFI- CATES, SERIES 1978, OF THE CITY OF DELRAY BEACH, FLORIDA, TO FINANCE PART OF THE COST OF THE ACQUISITION AND CONSTRUCTION OF PUBLIC WORKS FACILITIES, ACQUISITION AND IMPROVEMENTS TO GOLF COURSE FACILITIES, ACQUISITION OF PROPERTY FOR MUNICIPAL PUR- POSES AND CONSTRUCTION OF ADDITIONS, IM- PROVEMENTS AND EXTENSIONS TO THE MUNICIPALLY OWNED WATER AND SANITARY SEWER SYSTEM AND TO REFUND CERTAIN ouTSTANDING OBLIGATIONS; AND PROVIDING FOR THE TERMS OF SAID UTILITIES TAX REVENUE CERTIFICATES, SERIES 1978, AND THE RIGHTS AND SECURITY OF THE HOLDERS THEREOF. (Copy of Resolution No. 65-78 is on file in the official Resolution Book) The City Attorney called attention to Page 2 of the reso- lution, paragraph A, subsection II, where he asked that an insertion be made. The purpose of the insertion is in case Council wishes to use part of the bond proceeds to provide recreation facilities in relation to the golf course, other than strictly golf-related recreation facilities. In response to a question from Mr. Sanson, the City Attorney stated that the City has been trying to move forward as quickly as possible to have the bonds validated, sold and obtain the funds. Each individual project that is referred to in the bond resolution is a prOject that has already been approved by City Council. Mr. Chapin stated that in light of the fact that this is not policy but strictly a formality and not something within the compe- tence of those of us on Council, he is perfectly willing to rely on those who advise Council, to expedite the financing because fi- nance rates are not going down. t There is nothing to be gained by delaying this matter. Mr. Chapin moved .for the adoption of Resolution No. 65-78 based upon confident legal advice and the advice of the outstanding bond council in New York, seconded by Mrs. Durante. Upon roi1 call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. Mr. Sanson stated, before roll call, that in deference to Council, this is 36 pages long. Possibly it could be nothing but of an administrative or technical nature and maybe there is no reason for him not to vote for it but he does not know that for a fact. He has not always agreed with the advice given to Council. He recommended a two week delay or a special meeting to discuss this matter. Mr. Chapin stated that this is something that is of a highly technical nature. Somewhere along the line, as a policymaker, you have to rely on ~mpetent technical advice. The City Attorney stated that the most important part of the resolution is what the money is going to be spent for which is on page 2. Those projects have already been discussed by Council. The other parts of the resolution are basically the technical require- ments necessary to provide for a utility revenue bond issue and also provide for the refunding of the 1967 bond issue that a portion of the funds from this are to be used for. - 8 - 7/24/78 Mr. Sanson stated that Council may have seen what he considers a rather strong opinion given by the State Attorney in the newspaper lately about City Attorneys and County Attorneys receiving fees for bond issues. Apparently the State Attorney seems to feel that there is a lot of question as to its legality. Mr. Sanson requested that the city administration put this item on a future Workshop meeting for Council discussion and a response from the City Attorney to the State Attorney's feelings about it as to whether, in fact, fees that he makes in this kind of transaction are in the best interest of the taxpayer. At this point the roll was called on the motion. 8.h. The Acting 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 passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July. 10th 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 Acting City Manager presented Ordinance No. 12-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 29-17(J) (1)(2) AND (3) AND REPLACING SAID SUBSECTIONS WITH THOSE CONTAINED HEREIN RELATING TO SPECIAL SETBACK REGULATIONS WHEN INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY EITHER DIRECTLY ABUTS RESIDENTIALLY ZONED PROPERTY OR WHERE INDUSTRIALLY OR COMM. ERCIALLY ZONED PROPERTY IS NEAR BUT SEPARATED FROM RESI- DENTIALLY ZONED PROPERTY; FURTHER PROVIDING FOR METHODS OF SCREENING THE INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY FROM THE RESIDENTIALLY ZONED PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 12-78 is on file in the official Ordinance Book) The Acting 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 passage of Ordinance No. 12-78 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.i. The Acting City Manager reported that Ordinance No. 27-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to allowing trellises to be constructed within setback areas is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 10th 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 Acting City Manager presented Ordinance No. 27-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF 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. - 9 - 7/24/78 (Copy of Ordinance No. 27-78 is on file in the official Ordinance Book) The Acting 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,p~ssage of Ordinance No. 27-78 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; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.j. The Acting City Manager reported that Ordinance No. 38-78 amending Chapter 27 "Sanitary Sewerage" of the Code of Ordinances relative to new rates for sanitary sewers is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 10th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The Acting 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 SECTION 27-28 La) AND (b) REVISING THE RATE STRUCTURE FOR USERS OF THE CITY SANITARY SEWERAGE SYSTEM TO PROVIDE ADEQUATE REVENUES FOR CONTINUED OPERATION AND MAINTENANCE OF THE CITY SANITARY SEWERAGE SYSTEM AND COMPLY WITH REQUIREMENTS OF THE ENVIRONMENTAL PRO- TECTION AGENCY; RELETTERING PRESENT (d) AND (e) AS (c) AND (d) RESPECTIVELY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 38-78 is on file in the official Ordinance Book) The Acting City Manager read the caption of the ordinance. A publi~ 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. Tore Wallin, 2717 Florida Boulevard, asked what the effective date of the ordinance is. The City Attorney stated, in response, that the effective date was changed from First Reading to be Januar~ 1, 1979. The real purpose of the ordinance, at this time, is to comply with require- ments of EPA and it is based on a sewer rate review done by Russell & Axon. It is going to be submitted to the EPA to insure that the City will get continued funding for its regional facility. Mr. Wallin further stated that he assumes that these additional increases are to cover the cost of operating the sewerage plant. Therefore, it has got nothing to do with charges that we are presently paying for,which is based upon fixtures. The City Attorney noted that Mr. Wallin's statement was not entirely correct. It is true that the predominant reason for adopting the ordinance is to provide for the payment of expenses generated by the regional facility but also, as part of their sewer rate review, they built in an inflation factor to add on to existing rates as an estimate of what expenses will be in the upcoming year. - 10 - 7/24/78 Mr. Wallin stated ~ha%'he~'~'~ieves that fixtures are not what the sewerage plant is looking at. The sewerage plant is based upon the amount of water that it gets and has to be treated. It should care less if you have 5 fixtures, 10 fixtures, or whatever. The only thing it really cares about is based upon the gallons that are received and t~eated, not the number o{ fixtures that you have. He believes that what should be done is a complete review be made to see if you cannot tie this in to the usage of water rather than the number of fixtures. Very few communities use fixture charges as a criteria. The majority are using water usage. In getting to water usage, what is normally said is that one person in a household uses 100 gallons a day or 3000 gallons a month. If you use those figures and come back to these charges against fixtures, you would be astonished. If you take a 2½ bathroom, single family home which would normally have 13 fixtures, at.the present time they would pay $7.95 a month. The new charge would be $13.39 or an increase of 68%. Assuming that this home was occupied by four people, they would then use, according to national figures, 12,000 gallons a month for their sanitary purposes such as cooking, bathing, and dishes. On that basis, they would be charged 45¢ per 1000 gallons. In Council's report from the consulting engineers, it was said that 32¢ per 1000 gallons is the operating charge for the sewerage plant. This charge is well above the cost of operating the sewerage plant. Mr. Wallin recommended that Council take a second look at the ordinance before passing it. Mayor Weekes stated that there is no way that any muni- cipal government is ever going to assess ahy charge for any service that is 100% equitable. There is no possible way that that is going to take place. ConSidering a family which has four people in the household, if you just took an average,, they would benefit from that to the detriment of the family whO has 1 or 2 people in the house- hold.. That inequity would be much greater than the inequity which is built into this kind of a system here. Then you are faced with the proposition of asking people to declare how many residents are in their house. The public hearing was closed. Mrs. Durante moved for the passage of Ordinance No. 38-78 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; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Sanson asked the City Attorney if one of these whereas clauses is so definite in the fact that our existing rate structure is not acceptable, is it to be assumed that what we are proposing is the only acceptable rate that would be accepted by EPA. The City Attorney stated, in response, that it is not the amount of the rate that is unacceptable, but the way it is calculated. It's the sliding scale that they disapproved of and it is not to be assumed that it is the only acceptable method. At this point the roll was called to the motion. 8.k. The Acting City Manager reported that Ordinance No. 39-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to accessory buildings in zero lot line developments is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 10th 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 Acting City Manager presented Ordinance No. 39-78: - 11 - 7/24/78 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 SEC- TIONS 29-6(P) (3), 29-7(P) (3) AND 29-8(P) (3); REPEALING SECTIONS 29-8.1(R) (9) PRD-4, 29-8.2 (R) k9) PRD-7, 29-8.3(R)(9) PRD-10 AND SUBSTITUT- ING THEREFOR NEW SECTIONS 29-8.1(R) (9) PRD-4, 29-8.2(R) (9) PRD-7, 29-8.3(R)(9) PRD-10 RE- LATING TO ACCESSORY BUILDINGS IN ZERO LOT LINE DEVELOPMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 39-78 is on file in the official Ordinance Book) The Acting City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Chapin moved for the adoption of Ordinance No. 39-78 on Second and FINAL Reading, seconded by Mr. Sanson. Upon 'roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.1. The Acting 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 projects is before Council for consideration of Second and FINAL Reading. This ordinance was passed on First Reading at the July 10th 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 Acting 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) kc) (1), 29-14 (43), 29-15kB) (56) AND 29-17(H) ~1) WAREHOUSES TO INCLUDE CARETAKER RESIDENCE WHEN LOCATED WITHIN THE PROJECT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 40-78 is on file in the official Ordinance Book) The Acting City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance - with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Chapin moved for the adoption of Ordinance No. 40-78 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; ~rs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Sanson stated that during discussion at workshop on this item, he stated that he would vote in favor of this motion, since then, he has had further thoughts on it. Inquiring as to the City Attorney and one member of the Planning and Zoning Board, as to why they felt this should be allowed, about the only answer he got was that "you have no choice, that it has been fairly well determined by the courts etc., that a man has the right, so to speak, to protect his property". They kept zeroing in on the fact that this type situation warehouses, or something like that, but if the argument, as they presented it on the basis of court decision is in fact the case, then you cannot apply~his just to a warehouse project. Therefore, he would assume that it would mean any type of commercial development, if a man wanted to put a residential unit within that commercial facility, he would be permitted to do so under the logic he got. He did not feel that this would be in the best interest of the proper zoning and proper use of land. Mayor Weekes stated that in commercial zones, residential use is permitted, as a conditional use, and many store owners and business owners have their living quarters on the premises with their commercial enterprise, upstairs, for example, or as an apart- ment in the rear. In the industrial zone, it has been expressly prohibited that yau cannot have any residential structure or living facility in that zone. The whole purpose behind it is to enable someone who has a series of warehouses to provide a caretaker on premises to protect those warehouses. At this point the roll was called to the motion. 8.m. The Acting City Manager reported that Ordinance No. 41-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to offstreet parking is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 10th 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 Acting City Manager presented Ordinance No. 41-78: 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 SECTION 29-18(B) (2) (a) (2) AND 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. (Copy of Ordinance No. 41-78 is on file in the official Ordinance Book) The Acting City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Chapin moved for the adoption of Ordinance No. 41-78 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a vote of 4 to 0. 8.n. Mr. Sanson stated that he would like Council to be aware that a member of his family has been retained to represent one of the parties concerned with this issue. He pointed out that they have discussed this issue previously and he has voiced his opinion about it. The member of his family was not involved at that time. Subsequent to that, that has become the case. He dismissed himself from any sem- blance of appearance of conflict of interest on this issue. Mayor Weekes asked the City Attorney if this represents a proper course of conduct on the part of Mr. Sanson in regard to this issue. The City Attorney stated that he checked this specific question with the Florida Ethics Commission to find out whether or not it would constitute a conflict of interest and was told that it would not. However, if there was some direct benefit to the official voting, that would be a conflict of interest and would excuse him from voting. Mr. Sanson stated that if he has the choice, he would not like to participate. He left the Council Chambers at 8:30 P.M., for the duration of item 8.n. The Acting City Manager reported that Ordinance No. 43-78 relative to rezoning and placing land presently zoned R-lA (rSingle Family Dwelling) District in LI (Light Industrial) District, located on the southwest corner of the intersection of Swinton Avenue and Southridge Road is before Council for consideration on First Reading. The affected property owners have been notified pursuant to Section 166.041(3) (C), Florida Statutes. At the meeting on July 10th, Council authorized the City Attorney to prepare the ordinance. Second and FINAL Reading and public hearing will be held at the meeting on August 14th. The Acting City Manager presented Ordinance No. 43-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELL- ING) DISTRICT, IN LI (LIGHT INDUSTRIAL) DISTRICT, LOTS 1 THROUGH 10, INCLUSIVE, BLOCK 4, SOUTHRIDGE, PLAT NO. 1, AS RECORDED IN PLAT BOOK 13, PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND IS IN SECTION 20-46-43, AND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SWINTON AVENUE AND SOUTHRIDGE ROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The Acting City Manager read the caption of the ordinance. The Mayor hoted~ that this is not a public hearing. The public hearing will be held on the Second Reading, but out of deference to Mr. Sanson, the attorney representing property owners in the area, the Mayor told him that he could speak for five minutes. Also, there is a gentleman who came all the way from Texas to be here and Council will allow him and a representative of Mr. Green's to speak for five minutes each. Aaron I. Sanson, III, attorney, stated that there was a petition presented by 67 out of the 110 lots within 500 feet of this proposed area for rezoning and he represents, legally, about 35 of those owners. The purpose of their objections to this is that this property was purchased when the idea was of having a residential use and to be divorced from the problems and confusion of commercial use of the property. A number of them purchased the property after the rezoning was made residential by this City Council in 1973. They bought it based on that idea and now the Council is intending to turn around and change the use of the property. These people have approach- ed the FHA and the Veterans Administration already and they have shown inclination to spend money for development of some of the lots in this area. When they find out that a commercial use is going to be continued in this adjacent property, the funds are probably going to disappear and they'will not be so anxious to loan the money. The Planning & Zoning Board seemed to imply in their discussion that they felt that these lots of Mr. Green's were not adjacent to the property. That may have been caused by the fact that most of them are across the street and Mr. Green's property is on the end of this area. Mr. Green had abandoned his commercial use of the property some four or five years ago and now he comes in and wishes to sell the property at higher value because it would be zoned commercially. It would be to his advantage to do so, but it would harm the residential owners and their value would drop immediately if this area on the outskirts were zoned commercially. The residents have become concerned recent- ly about the fact that B & W Crane Corporation has had its cranes on the property and these are 50 or 60 foot cranes. This is a main concern of people who came into Delray Beach knowing that it was a residential community. Efforts have been made along the line to change that use of Delray Beach and the atmosphere of Delray Beach but we hope that Council will retard the use by refusing to pass this ordinance. - 14 - 7/24/78 Eugene Swinford stated that his company deals with a lot of contracts and unions all over the United States. There is one clause that is always put in these contracts, 'that if any consider- ation is given to any party of any other contract that they will be given to us' speaking in terms of all other contractors dealing with that particular union. What we are doing here is spot zoning and he disagrees with it 100 per cent. If you are going to rezone this property, take the whole area of the subdivision. He stated that he owns four lots almost diagonally across the street from Mr. Green's property. He bought the property to make a home out of it and to retire in this area. At one time, after the redirecting of the traffic on Swinton to Dixie right there, the cranes were in there and you could not drive down the street. The trees were torn down. It was absolutely unbelievable at what went on. Mayor Weekes stated that crane service will not come into this area. Mr. Swinford further stated that he just drove in from Texas and has been told that cranes have been in there. Ronald Sales, attorney for Mr. Green, stated that the function of the Council meeting is not to have a public hearing but rather to pass the ordinance or not on First Reading so that a public hearing can be conducted on the Second Reading of the ordin- ance. The protesters misconceive the function of the Council tonight. In a Republican form of government such as this, decisions ought to be made with reference to the public interest and not with reference to numbers. However, Mr. Green has assembled some folks who are in favor of this proposition and they are in the audience now. He suggested to the protesters that they are not in the majority and if we were going to decide this thing on bare numbers, Mr. Green would probably carry the day. If Mr. Sanson represents 110 lots, he does not represent 110 folk. The background of the facts in which this condition exists is that the City planner recommended a light industrial use. Six out of Seven of the mem- bers of the Planning & Zoning Board recommended a light industrial use. That recommendation is probably appropriate because the prop- erty in question, contrary to being a spot zone, as was suggested, is adjacent to some railroad tracks, is bounded on the south by the Maule Industry, on the east are the Plymouth Pool Company Shops, to the north across Dixie Boulevard are unimproved single family residential lots. The property in question is improved with a 4000 square foot CBS building, the replacement value of which would be on the order of $80,000 and if it were demolished, which would be the consequence of leaving the property zoned to a single family use category, the owner would be left with 10 substandard lots. The appropriate thing to do would be to accomplish the rezoning which is a light industrial use. If B & W is housing cranes on the property, it is doing so as a trespasser and he will look into that but in a light industrial use, the uses that are permitted are very narrow uses and they are compatible with the neighborhood that exists there and he requests that Council adopt the ordinance on First Reading. The Mayor read the uses which are permitted in a light industrial zone for the members of the public who were present at the meeting. Mrs. Durante moved for the adoption of Ordinance No. 43-78 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. Before roll call Mrs. Durante stated, after some discussion, that, in effect, what Council would be doing by granting the LI zoning would be to allow them to put that existing building to certain uses that they cannot put it to now because it is zoned as single family. - 15 - 7/24/78 Mayor Weekes stated that Mr. Green had an industrial building. That property was zoned industrial'when it was taken into the City, at C-3, in 1964 and he does not believe that there is a person in the room who, if they owned a piece of MI zoned property and had it summarily rezoned as single family residence, wouldn't have screamed and hollered and that includes a lot of the people who are here complaining because we are considering rezoning it back to a light industrial use. At this point the roll call on the motion was had. Mr. Sanson returned to the Chambers at 8:55 P.M. At 8:58 P.M. a two minute recess was taken. The meeting reconvened at 9:00 P.M. 8.o. The Acting City Manager reported that Ordinance No. 44-78 amending Chapter 2 "Administration', of the Code of Ordinances relative to adopting the standard forms for the Consultants' Comp- etitive Negotiation Act is before Council for consideration on First Reading. The Acting City'Manager presented Ordinance No. 44-78: AN ORDINANCE'OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF ORDINANCES BY AMENDING SECTIONS 2-17.01(D) (2) (a) AND 2-17.01(E) (2) (a) TO PROVIDE THAT INFORMATION REQUIRED UNDER THIS SECTION BE ON THE CURRENT FEDERAL GOVERNMENT FORM APPLICABLE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Acting City Manager read the caption of the ordinance. The City Attorney stated that this ordinance is in the nature of an editorial change more than anything else to the code and that is why it was not brought to a Workshop meeting. The forms that are referred to are the standar~ government forms 254 and 255 which the engineers and architects that work on federal projects are used to using. Mr. Chapin moved for the adoption of Ordinance No. 44-78 on First Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.p. The Acting City Manager reported that Ordinance No. 45-78 amending Chapter 4 "Alcoholic Beverages" of the Code of Ordinances to allow City Council discretion to grant exceptions to the prohibi- tion on alcoholic beverages in public parks is before Council for consideration on First Reading. This was discussed at the June 19th Workshop meeting. The Acting City Manager presented Ordinance No. 45-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ALCOHOLIC BEVERAGES", BY AMENDING SECTION 4-6 TO ALLOW CITY COUNCIL DISCRETION TO GRANT EXCEPTIONS TO THE PROHIBITION ON ALCOHOLIC BEVERAGES IN PUBLIC PARKS; PROVIDING A SAV- ING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Acting City Manager read the caption of the ordinance. The City Attorney, in response to a question from Mr. Sanson, stated that Council would have to handle each exception on a case by case basis and decide each individually and attach such conditions to each request as Council feels are justified. - 16 - 7/24/78 7 The Mayor stated that some of the concerns are that it may be quite appropriate under certain circumstances to grant permission for the consumption of alcoholic beverages on public property but in certain other types of gatherings, we may not deem it to be appropriate. Mr. Sanson stated that there is no criteria outlined as to how Council is going to reach this determination in a fair and equitable manner. The Mayor advised that if Council could establish some kind of criteria that would stand up against'a suit charging the City with discrimination, he would be willing to consider it because it would enhance the use of the facilities we are going to have and we do have nice facilities in this City that are underutilized in some cases. Mr. Chapin moved that this matter be tabled for whatever further discussion may be appropriate, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.q. The Acting City Manager reported that Ordinance No. 46-78 amending Chapter 27 "Sanitary Sewerage" of the Code of Ordinances relative to new rates for sewer connection charges is before Council for consideration on First Reading. The Acting City Manager presented Ordinance No. 46-78: 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 SECTION 27-28.1(a) (b) (c)(d)AND (e) AND PROVIDING FOR ELIMINA- TION OF DIVISION OF THE CITY INTO TWO DIS- TRICTS FOR PURPOSES OF APPLICATION OF SEWER CONNECTION CHARGES; AND ENACTING A NEW SEC- TION 27-28.1(A) PROVIDING FOR APPLICATION OF CONNECTION CHARGES BASED ON WHETHER SANITARY SEWERS ARE AVAILABLE AS OF THE EFFECTIVE DATE OF THIS ORDINANCE; LETTERING EXCEPTION PROVISION TO READ (B) AND CHANGING (a) (b) AND (c) TO (1) (2) AND (3) RESPECTIVELY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Acting City Manager read the caption of the ordinance. Mr. Sanson moved for the adoption o~ Ordinance No. 46-78 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.r. The Acting City Manager stated that Ordinance No. 47-78 ~mending Chapter 29 "Zoning" of the Code of Ordinances amending Section 29-13 CBD. (Central Business District) to allow canopies, marquees and covered walkways to be placed over the ten foot front setback is before Council for consideration on First Reading. The Planning & Zoning Board at a meeting held on July 18th, recommended by unanimous vote that the amendment to allow canopies, marquees, and covered walkways to be placed over the ten foot front setback be approved. The Acting City Manager presented Ordinance No. 47-78: 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 29-13 CBD (CENTRAL BUSINESS DISTRICT) (E) TO ADD A PARAGRAPH TO PROVIDE THAT CANOPIES, - 17 - 7/24/78 MARQUEES AND COVERED WALKWAYS MAY BE PLACED OVER THE TEN (.10) FOOT FRONT SETBACK; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECT- IVE DATE. The Acting City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption of Ordinance No. 47-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll Call the City Attorney stated that in this ordinance on the last line there should be an addition to refer to the side street setback which is a ten foot setback as well so that the canopy or covered walkway could be around a corner on a corner building. If that addition were included, then the ordinance would be complete. This was included, as outlined by the City Attorney, in the motion. Mrs. Durante noted that with this ordinance, Council will have acted on five amendments to the zoning ordinance tonight and four out of those five were requested by someone else and not initiated by the Planning & Zoning Board. At this point the roll call on the motion was had. The Mayor advised that items 9~a. and 9.b. will be con- sidered simultaneously because they concern the same development, Pelican Harbor. 9.a. The Acting City Manager reported that the' Planning & Zoning Board at a meeting held on June 29th 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, if abandoned. If the indicated portion of Spanish Trail is abandoned, the City should retain a 12-foot utility easement. This item was deferred at the July 10th Council meeting. 9.b. The Acting 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 Pelican Harbor, at the northeast corner of the intersection of U.S. No.1 and the C-15 Canal be approved, subject to the following: (1) Comments of the Director of Public Utilities as stated in his June 20th memorandum. (2) Comments of the City Engineer as stated in his June 20th memorandum With the exception that conditions 5 and 7 not be applicable. (3) Comments of the Community Appearance Board as stated in their June 14th minutes. (4) Approval by the City Attorney's office as to documentation pertaining to common areas. (5) A time limitation of 18 months be set for development of the project. This item was deferred at the July 10th Council meeting. - 18 - 7/24/78 The Mayor noted that a letter from the City of Boca Raton answers Mr. Scheifley's question about who paid for the bridge. The City of Delray Beach property records from the finance department indicates that the bridge was completed on December 2, 1964 with funds provided by the Flood Control District for the two bridges named Spanish Trail and Brant Drive. The City Attorney stated that with regard to the abandon- ment, there are four thing that Council should give consideration to: (1) Whether or not the developer will be required to pay or deposit with the City, funds for the traffic impact created by the abandonment. (2) The retention of the City of a 12-foot utility easement that will be 6 feet on either side of the center line of the road to be abandoned. (3) The City Engineer's memorandum talks about an agreement between the City and the Central and Southern Florida Flood Control District. (4) The comments from the City of Boca Raton to the extent Council wants to consider those. The City Attorney stated further that the Florida Supreme Court has not as yet ever squarely dealt with the issue of whether or · not a city may sell abandoned property. The general rule, nationally, is that you may not sell dedicated right-of-way pursuant to an abandonment. This situation is somewhat different from that general rule to the extent that this abandonment is tied directly into an increase in traffic demand Ghat will be generated because of the abandonment. In a supplemental memorandum from the City Engineer to the City Manager dated July 21, 1978, it is stated that if the City proceeds with this abandonment, there will be an increase in traffic entering Federal Highway from this development. Based on this traffic increase, they recommend provisions be made to install traffic lights on Federal Highway. The request for traffic lights on Federal Highway was submitted to DOT and Council was advised that they have approved a traffic signal at Lindell Boulevard and U.S. No.1. To that extent, this is distinguishable from an abandonment where there is no resulting traffic impact. Alan Ciklen, attorney for the applicant, stated that the City Attorney's analysis is correct and they agreed to pay whatever their traffic impact produces on the property. They also agreed to pay for the hiring of a traffic engineer to do a traffic impact analysis on the area, if Council should so determine. If the traffic impact shows that a light is warranted, they will pay for it. They also agreed to give a blanket utility easement on those streets that will be vacated. Mayor Weekes asked if Mr. Cook would be prepared to put forth a sum of money for the abandonment. The City would then use that money for whatever purpose, presumably for the traffic light. The City Attorney stated that the City appropriately can request the developer to make a contribution for traffic impact. The City could agree, at this time with concurrence of the developer, that a certain amount would be allocated for traffic impact and that each party would go their own way accordingly or the City could take the position as part of the approval that we would have an agreement where- by the applicant would submit to the City an amount, say $40,000, and that would be held by our finance department pursuant to an agreement whereby the City would hire a traffic engineer, at the expense of the applicant, who would do a study. Mr. Chapin stated that he would not stick the developer with the full load of the entire cost; that is unfair. It has never been done before and it has a very doubtful and ~ub~ous legality, in his opinion. - 19 - 7/24/78 Frank Carey, Planning & Zoning Board Chairman, stated that the Planning & Zoning Board at no time in its deliberations on this project ever discussed a charge to the man for the abandonment of the right-of-way. They have never charged anyone for the gain of property as the result of an abandonment. It would be unfair and unjust to start now. They feel that this is a superior project and we should do whatever is possible to move it along as expeditiously as possible. Hopefully, this board tonight will see fit to approve this project. Mayor Weekes stated that he agrees with Mr. Carey. This matter involves a basic policy decision which goes beyond this development. This decision is whether or not this City will institute impact fees. That has been a troublesome location down there for the City from a planning standpoint for many years, particularly the Tropic Isle Harbor Shopping Center which has a large number of 25 - foot lots. Mrs. Durante stated that one problem is that they are asking the City to abandon a street that leads somewhere. In the past when the City abandoned a street, it was because it did not lead any- where and didn't serve any purpose; this street does serve a purpose. Mr. Carey stated that they have abandoned some through streets in the past. Mr. Patton, representing Tropic Harbor, stated that because of a hazardous traffic condition that existed and has grown pro- gressively worse as time has lapsed, the Tropic Harbor Association in cooperation with~the Tropic Bay Association and other homeowner associations has made repeated efforts over the past four years to have a traffic signal installed at either Tropic Isle Drive or Lindell Boulevard on Federal Highway. The last such attempt was initiated in October of 1977. At Mr. Mariott's suggestion and their consent, a meeting was arranged with the district representative of the Department of Transportation for the State of Florida. This meeting was held in the City Engineer's office on January 23, 1978. Those in attendance included Lem Brawner, Acting City Engineer, Lieutenant Smith of the Delray Beach Police Department, John Wilson of DOT and his assistant Joe DeCarlo, Oral Waller representing the Tropic Bay Association, and himself representing Tropic Harbor. It was agreed at this meeting that the DOT would conduct a traffic study at various intersections on Federal Highway between Canal-15 and Linton Boulevard including a review of the traffic accidents that have occurred within this area. It was also agreed that the DOT would furnish a copy of their file report and recommendations to the representative of Tropic Bay and Tropic Harbor Associations. Since the DOT meeting was held, a number of events have taken place. The County of Palm Beach approved the construction of a farmers market across the street from where Tropic Isle Drive intersects Federal Highway. This has resulted in increased traffic congestion at what already was a hazardous intersection. Cary Cook, owner and developer of Pelican Harbor, to be built adjacent to C-15, has asked the City Council to close to traffic the bridge on Spanish Trail that crosses C-15 into Boca Raton. If the City Council approves this action, it will deprive them, as well as some 360 families who will eventually reside in this development, of an existing exit and entry onto Fed- eral Highway. Speaking for the Tropic Harbor Association whose land abuts the proposed Pelican Harbor development, they are in sympathy -with Mr. Cook's request and have no objection to-the abandonment to that part of Spanish Trail south of where it intersects Spanish Circle and that part of Spanish Circle west of where it intersects Spanish Trail. This is conditional, however, of an exit onto Federal Highway by installing a traffic signal on Federal Highway at either Tropic Isle Drive or Lindell Boulevard. Except for its authorization by DOT and the question of funding, the need for a traffic signal for this area has been recognized for some time. Among those who have voiced themselves as being in favor are the Delray Police Department, the City Engineering Department, and the City Manager. The Tropic Harbor Association would be opposed to having its members assessed to pay for a traffic signal. They do not feel that the highway safety is unique to any particular group of residents within the city, but rather it should be funded by the City at large out of tax revenues. - 20 - 7/24/78 021 Mr. Sanson stated that the last time Council had discussion on this matter, the contention was made that the bridge had been built with private funds. Apparently that is not the case; it has been paid for by public funds. In view of that, the City of Boca Raton does have. a vested interest in this now and their comments are not favorable for us to abandon this bridge. It is a very reasonable re- quest that the applicant pay for the installation of the light. Attorney Ciklen, in response to a question from Mrs. Durante, stated that the traffic impact analysis is $3000. They had already co~3~issioned one. They will do whatever Council wants but they want to be treated fairly. They are behind schedule and anxious to move ahead. Cary Cook, architect and developer of Pelican Harbor, stated that it is illegal for them to buy an abandoned street and they would set a precedent to buy a light at Tropic Isle Drive and U.S.No.1. He suggested to Council that he would be willing to make a donation of a sum up to $40,000 to the City of Delray Beach. That would be a better way to handle the legalities. Mr. Chapin stated that he is prepared to move on this and the approach that he is going to take is going to be in the strict sense of the issues and any donation or gift that the developer wishes to give to this community is entirely voluntary and is up to the good office and generosity of the developer and if he is willing to make a gift, he is more than pleased to accept it. Mr. Chapin moved that Council approve the recommendation of the Planning and Zoning Board, relative to the abandonment of Spanish Circle and Spanish Trail and relative to the approval of the site and development plan for Pelican Harbor, subject only to the retention of the 12 foot utility easement, seconded by Mrs. Durante. Before roll call the City Attorney stated that, first of all, he thinks what Mr. Chapin intended to do was also to incorporate the comments of the Planning & Zoning Board and the conditions as outlined in the agenda information packet. Mr. Chapin stated that he does incorporate those conditions that the Planning & Zoning Board usually have. The City Attorney further stated that there also should be added as a condition a site plan approval the availability of water which has been done routinely with all developments; there should be deleted item 4 which is the approval for common facilities documen- tation. In regard to the abandonment of Spanish Trail, that needs the additional condition that he be allowed the opportunity to check out what, if any, liability the City would be incurring to the water management district for abandoning this road since we received, according to the Engineering Department, these funds pursuant to an agreement with the water management district. So if Council would make that as an additional condition that he be allowed the oppor- tunity~o check that out and determine whether or not there will be possible liability to the Central Southern Florida Flood Control Dis- trict and then if Council is otherwise agreeable to the motion, a resolution confirming this will be on the August 14th agenda. Mr. Chapin amended the motion to read: that Council approve the abandonment of Spanish Circle and Spanish Trail, approve the site and development plan for Pelican Harbor, subject not only to the retention of a 12 foot utility easement, but the comments and conditions attached to the Planning & Zoning Board's recommendation and further subject to the availability of water; also further sub- ject to the City Attorney's advice as to any possible liability to the water group and also deleting item 4 from those contingencies in the Planning and Zoning memorandum, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. - 21 - 7/24/78 Before roll call Attorney Ciklen stated that any monies that are donated to the City will be designated to be used for the installation of a traffic signalization. Mr. Chapin and Mrs. Durante both stated that they would not accept the donation as part of the motion. Mr. Chapin stated that when the donation is made, the proper thing for Council to do, as a matter of p~licy, is to discuss what to do with the donation at that time. At this point the roll was called to the motion. Mr. Sanson stated that if Council is going to approach things with commitments, they should be just that, not handshakes. Mr. Patton and his people will go back and have no assurances. Attorney Ciklen stated that now that they have Council's approval, they are still going to make a gift to the city to be used in any manner, but they hope it will be used for a traffic light. They will work with the City and whenever it thinks it is feasible for them to make their gift, they will do it. Mr. Carey stated that this is a totally private community with private roads. All services rendered to the community by the City will be on a fee basis, aside from fire and police protection. 9.c. The Acting City Manager reported that the Planning & Zoning Board at a meeting held on July 18th, recommended by unanimous vote that the site and development plan approval request for Shady- woods Recreation Area, located in Section 24-46-42 on the north side of Linton Boulevard, between Military Trail and Dover Road be approved, subject to the following: (1) Comments of the Chairman of the Community Appearance Board as stated in his June 19th letter. (2) Comments of the Director of Public Utilities as stated in his July 5th memorandum. (3) Comments of the South Florida Water Manage- ment District as stated in their July 12th letter. (4) Approval of the City Attorney's office as to documentation pertaining to common areas. (5) Availability of water. (6) A time limitation of 12 months be set for development of the project. Council may take action tonight or refer to a future Workshop meeting. The City Attorney stated that item 4 can be deleted. Mr. Carey stated that this recreation area is a building; it has tennis courts and a swimming pool and it lies between the two ends of the subdivision and the ordinance requires that the recre- ation area go through site and development plan approval. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board subject to the comments as outlined in the preface to the agenda with the deletion of item 4, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 22- 7/24/78 023 9.d. The Acting City Manager reported that the Planning & Zoning Board at a meeting held on July 18th recommended by unanimous vote that the conditional use approval request to allow a health spa in the Delray Mall Shopping Center be approved. Council may take action tonight or refer to a future Workshop meeting. Mr. Chapin moved that Council adopt the recommendations of the Planning and Zoning Board for the conditional use for a health spa in the Delray Mall, seconded by Mrs. Duante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 9.e. The Acting City Manager reported that the Planning & Zoning Board at a meeting held on July 18th, recommended by unanimous vote that the site and development plan approval request for Delray Lincoln Mercury Automobile Leasing Agency, located south of Linton Boulevard between Old Dixie Highway and U.S. No.1 be approved, subject to the following: (1) Comments of the Director of Public Utilities as stated in his June 6th memorandum. (2) Comments of the Community Appearance Board as stated in their June 14th minutes. (3) Availability of water. (4) A time limitation of 12 months be set for development of the project. Mr. Chapin moved that the recommendation of the Planning & Zoning Board relative to site and development plan approval for Delray Lincoln Mercury Automobile Leasing Agency be approved subject to the conditions 1 through 4 contained in tonight's agenda, second- ed by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 10. The Acting City Manager recommended that Council authorize payment of the City's bills. Mr. Chapin moved that the payment of the bills be ratified and confirmed, seconded by Mrs. Durante. The motion passed unanimously. General Fund ......... $297,789.22 Special Projects Fund ..... 1,770.00 Mr. Sanson moved, at 10:10 P.M., for the adjournment of the meeting, seconded by Mrs. Durante. The motion passed unanimously. City Clerk ATTEST: M A Y 0 R ~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 24, 1978 which minutes were formally approved and adopted by the City Council on ..~;~. / .~,/;'~f. Clerk - 23 - 7/24/78 O24- 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. - 24 - 7/24/78