Loading...
09-11-78 SEPTEMBER 11, 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, September 11, 1978, with Mayor Leon M. Weekes presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, Charlotte G. Durante, Aaron I. Sanson, IV, and James H. Scheifley, present. 1. The Lord's prayer was recited in unison. 2. The Pledge of Allegiance to the flag of the United States o--{ America was given. 3. Mr. Chapin moved for the approval of the minutes of the r-~gular meeting of August 28, 1978, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mr. Chapin noted that a lot of people have been talking about taxation and how the so-called tax revolt affects Delray Beach. On August 28th, he asked the City Manager to give him some figures as to the cost of government per capita in this town as adjusted for in- flation for 1973, 1975 and 1977. He was pleased to note that the cost of government per capita in 1973 was $85.09; in 1975 it was re- duced to $62.36; in 1977 it was reduced further to $56.49 per capita adjusted for inflation. He thinks that with the mill decrease that Council has authorized, that trend will probably remain the same. This relates to operating expenditures and not to capital improvements. You have to pay for good competent services, but in so doing, this town is very fortunate that the cost of government has not gone up. 4.bol. Mrs. Durante stated that in reading her newsletter from the Florida League of Cities today, she noticed an item concerning the City of Miami which recently forwarded to the League's office an ordinance they recently adopted dealing with prostitution in the City. She understands that this ordinance is supposed to be effective in curtailing prostitution and if any City desires a copy of that ordi- nance, they may get a copy from the League's office. She would like to see this City obtain a copy as the .business is here and it is thriving. The City Manager stated that he saw the same article today and he wrote a note to get a copy of it. 4.c.1. Mayor Weekes introduced Bill Stevens, a candidate for the Florida State Senate, District 30, who was in the audience. He stated that Mr. Stevens is one of the few candidates for that seat who has ever taken the trouble to come up and let us meet him. 4.c.2. Mayor Weekes noted that he had received a letter from Mr. Richard P. Owsley. Mr. Owsley sustained a rather severe fire in his home and the gist of the letter is that Mr. and Mrs. Owsley wanted the Mayor and Council to know that they appreciate and admire the caliber and knowledge of the Delray Fire Department and Chief Jackson. They responded to the fire very promptly and managed to save as much as was possible. The Fire Chief and Fire Department is to be commended for their response to that fire. 4.c.3. Mayor Weekes asked if any member of Council would be able to attend a workshop meeting on September 13, 1978 at the Palm Beach County City Hall Commission Chambers on the County's proposed fair share ordinance for road improvements. Mr. Sanson stated that he had planned on going and that he would represent the Council. 4.c.4. Mayor Weekes presented a proclamation proclaiming the week of September 17 - 23 as "Constitution Week". He gave the proclamation to the Asst. City Clerk to be delivered to the proper persons. 5. There were no public requests from the floor. 6.a. The City Manager had no items to present that were not on the agenda. 6.b. The City Manager reported that Council ranked Arthur Vo Strock & Associates, Inc.~, No. 1 under provisions of the City's Consultants' Competitive Negotiation Act Ordinance at a workshop meeting held on August 7, 1978, and authorized the administration to attempt to negotiate a contract with said firm for the inspection ~f bridges in the City as mandated by the state. A contract satisfactory to the administration and Arthur V. Strock & Associates, Inc., has been negotiated, approval of which is recommended. Council should, by motion confirm the rating of Arthur V. Strock & Associates, Inc., as No. 1 for the inspection of bridges in the City. Mr. Sanson moved that Council confirm the rating of Arthur _ V. Strock & Associates, Inc., as No. 1 ranking for the inspection of bridges in the City and the administration approve the contract as proper, seconded by Mr. Chapin. Said motion passed unanimously. · ...... 6.c. The City Manager reported that a proposal from Candeub, Fleissig, and Associates for services relating to a housing and community improvement action program has been submitted. The thrust of this proposal is to maximize the use of existing resources to im- prove the housing and environmental conditions of low and moderate income residents. This was discussed at a workshop meeting on August 28th. Approval is recommended. Mr. Chapin moved that Council approve an agreement with the firm of Candeub, Fleissig, and Associates to give us a proposal for housing action and community improvement program at the cost of $6,000. seconded by Mrs. Durante. Said motion passed unanimously. Mr. Sanson stated, before roll call, that it would be his hope that Candeub, Fleissig and Associates might be directed as such that a priority of this would be to see what can be done to improve and keep the existing housing which is already substandard or about to become so. At this point the roll was called to the motion. 6.d. The City Manager reported that Council ranked Roy M. Simon, Architect, as No. 1 under provisions of the City's Consultants' Competitive Negotiation Act Ordinance at a workshop meeting held on August 7th and authorized the City administration to attempt to negotiate a contract with said firm for the performance of architec- tural services for the Public Works Complex. A contract satisfactory to the administration and Mr. Simon has been negotiated. The City can save considerable money by performing the following services Under the jurisdiction of its Engineering Department: grading and paving; drainage; water and sewage; yard lighting; fencing and gates. The proposed contract with the architect therefore contains a provision that the listed items will not be a part of the architect's responsi- bility. Council should, by motion, confirm the rating of Roy M. Simon as No. 1 to perform the architectural services for the Public Works - Complex. This item was tabled at the August 28th meeting. Mr. Chapin stated that when this item, as well as the rating of the architect to perform the expansion of City Hall, came up on August 7th, he was not present. He noted that if he had been there at that time, he would have voted for Roy Simon to be the first choice to do the work. for the City Hall expansion and Mr. Toth to do the Public Works complex. He stated that he is not sure it is public knowledge, but he understands that Mr. Toth may be moving to Colorado. If that is a fact and the City Hall expansion is a long way down the road, the City would be better served by someone who is going to be here on site to .see that project through to completion. Mayor Weekes stated that he can see no reason why Council cannot defer item 6.j. until they can confirm the information which Mr. Chapin has received. - 2 - 9/11/78 Mr. Scheifley moved ~that ~nneit approve the contract for Roy M. Simon, architect, to do the work for the proposed Public Works Complex. The City Attorney asked that Council add as part of the motion to confirm Mr. Simon's ranking as No. 1 to do that project. Mr. Scheifley added that the motion should so state that Mr. Simon was ranked as No. 1 by the City Council to do that work, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - No; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. 6.e. The City Manager reported that Section 4.06 of the City Charter provides that the City Manager, with the approval of Council, may appoint one person as the head of two departments. It is there- fore recommended that Council pass the following motion: "Move that Council authorize the City Manager to appoint one person to serve as head of the Public Works and Public Utilities Departments for an in- definite period as determined by the City Manager." Mr. Scheifley moved that Council authorize the City Manager to appoint one person to serve as head of the Public Works and Public Utilities Departments for an indefinite period as determined by the City Manager, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Mr. Sanson stated, before roll call, that he thought it was a little strange that this item should come to Council without any workshop discussion. It seems to him to be a very big step. The City Manager stated that he has no objections to approaching this in any way that Council sees fit. He thought that this would be the appropriate way to open it and he gave his reasons in a memorandum to Council. In response to Mr. Sanson, the City Manager stated that he does not anticipate a merger of the two depart- ments. At this point the roll was called to the motion. 6.f. The City Manager reported that compensation arrangement for the City Attorney's office as reflected in the City Attorney's letter to Council dated September 6th is to be considered tonight. Mr. Chapin stated that following the budget workshop meeting, Council authorized the City Manager and him to meet with the City Attorney. They did have such a meeting and they outlined a method of compensation which he feels is very fair and reasonable for both parties, first the City and second the City Attorney. It is an arrange- ment based upon a retainer with an hourly charge for an overage. It eliminates flat fees for bond issues and it eliminates flat fees based on percentages for real estate work. He thinks it is a very modern, equitable and fair arrangement and he commends it to Council for adoption in the new budget. Mr. Scheifley moved that the compensation for the City Attorney and Assistant City Attorney as outlined in the memorandum dated September 6, 1978, and acceptable to the City Council be approved, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call, Mr. Sanson stated that he thinks it is prudent that perhaps some kind of memo be distributed to the City Boards, particularly the Planning & Zoning Board, that there is a new arrange- ment now and that the City Attorney and his assistant are being paid on an hourly basis and if their presence is not absolutely necessary or mandatory perhaps the City could save taxpayers' monies by not having them be requested to be present. At this point the roll was called to the motion. - 3 - 9/11/78 ~ The City Manager reported that Council Member Charlotte G. Durante stated at the August 28th workshop meeting that she would like to serve on the Community Development Citizens Advisory Committee as a replacement for David Randolph. Council agreed to have it placed on the agenda. Mrs. Durante stated that this is related to item 6.c. regarding the housing and community improvement proposal. She is going to be very much involved in that with Mr. Leal. They will be looking at ways in which they can utilize community development funds and she would like to be the representative from this City to sit on that committee. Mr. Chapin moved that Council approve Mrs. Durante to re- place Mr. Randolph on the Community Development Citizens Advisory Committee, seconded by Mr. Scheifley. Said motion passed unanimously. 6.h. The City Manager reported that it is recommended that Counci authorize the execution of a lease agreement between the City and Palm Beach County for the Catherine Strong Center~ This was discussed at the August 21st workshop meeting. The City Attorney stated that before Council considers approval, he would like to inform Council that, as far as the insurance provisions are concerned, these have been discussed with our insurance consultants and they have recommended that we request the County to provide the type of insurance that the City would maintain applicable to this particular piece of property. The County has been contacted and their insurance policy would not permit this. They do not insure for hi~her than the amount set forth in this a~reement. The City's insurance coverage would come into effect after the limits are reached set forth in Paragraph 20. In re~oonse to Mr Scheifley, the City Manager stated that arrangements W~ere made for Mrs. Hill to come in and talk with them and after t~ discussed it rather thoroughly, she seemed to be in agreement .wilth the concept and he volunteered to let her take a look at a cop~'~bf the proposed agreement prior to its execution. He has not hea.~d what her reaction was. He wOuld assume that if it had been in t.h~e negative, he would have heard back from her. In response to a question from Mr. Sanson, the City Manager stated that the City would be responsible for the maintenance of the grounds, but not responsible for paying the utilities outside. The ~City has full control of the outside but the County will still pay the utilities. Mr. Scheifley moved that the agreement identified as 6.h. on the agenda, the proposed lease agreement between the City and the Board of County Commissioners for the use of the Catherine Strong Recreation Center, be approved, seconded by Mrs. Durante. Said motion passed u~nimously. Before roll call, Mr. Sanson asked the City Attorney if he i~- confident that there will be no problem for this City to cancel this lease if, for any reason, the City felt it needed the building for the use of the citizens of Delray Beach. The City Attorney stated that thi~ is correct. At this point the roll was called to the motion. 6.i. The City Manager reported that it is recommended that Council authorize the execution of an amended agreement for the installation of landscaping with the Sherwood Park Civic Association, providing that the City can, upon 30 days notice, require the removal of the land- scaping. Execution of the original agreement was approved by Council at the August 28th meeting. There will be no cost or obligation to the City. Mr. Chapin moved that Council approve an amended agreement with Sherwood Park Civic Association regarding landscaping, seconded by Mr. Sanson. Said motion passed unanimously. - 4 - 9/11/78 6.j. Mr. Sanson moved that this item be tabled for two weeks until Mr. Chapin's concerns (as stated in item 6.d.) can be verified, seconded by Mr. Chapin. Said motion passed unanimously. 6.k. The City Manager reported that Council should consider retaining the firm of Adams, Coogler, Watson and Smith to defend the City and Chief Cochran in the case of Maginley vs. City of Delray Beach and Murray O. Cochran. The City Attorney stated that this involves the case brought against the City based upon libel and slander and against Chief Cochran of the Police Department. It was originally being conducted by insurance defense counsel, but the insurance company has informed the City that after reviewing the policy and the exclusions in the policy, there is not coverage for this claim. All the documentation for the case has been reviewed by our insurance consultants and in con- sultation with them, we agree with the insurance defense lawyers. Therefore he requests that the City authorize the retaining of the firm of Adams, Coogler, Watson and Smith to defend the case on behalf of the City. That is the firm that is presently defending it. The rate of retention will be $50 per hour and $500 a day for trial. Mr. Chapin moved that the City retain the firm of Adams, Coogler, Watson and Smith to defend the City and its Police Chief in a lawsuit brought by one of its police officers, Officer Maginley, in the suit against the City and the Police Chief to protect the interest of the City and its employees, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed a 4 to 1 vote. Before-roll call, Mr. Sanson stated that he cannot agree with this motion. He recognizeS that if one of the defendants is the City of Delray that we have to retain counsel to protect this City, but he cannot, in good conscience, spend taxpayers' funds represent- ing individuals involved in this case. The main reason he thinks the way this case was handled is inept is because, as he understands it, some of the actions that precipitated this problem were in direct dis- regard and negligence of the advice of the City Attorney's office. Perhaps, if that advice had been followed, the City would not have gotten into this situation. The City Manager stated that it is not true that the City Attorney's advice was not followed. It was followed. What Mr. Sanson is talking about has to do with whether or not cheating was done by two officers in the taking of a written exam, one of them being Officer Maginley. Chief Cochran proposed to make it mandatory that these two men take a polygraph test subject to , perhaps, being dis- missed from the force. They did not agree to do it. He sought the advice of the City Attorney's office and the City Attorney advised him not to do that so he did not. The City Attorney stated that the characterization that the advice was followed completely is not accurate, but he does not think it is to anyone's advantage to dredge up all those details at this time. He does recommend that the City defend both Chief Cochran and the City and he believes that the City should have a policy of defend- ing its employees when they are acting on behalf of the City. The Council has adopted an ordinance to that effect. Mr. Chapin noted that one of the first motions that he asked to be put on the workshop agenda when he became an elected official of this community was an ordinance to protect the members of Council, the members of its advisory boards and the City employees who are acting in the scope of their employment obligations. Mr. Sanson stated that he fails to see the logic in this case because we have here a City employee against a City employee and so why are the rights of Mr. Maginley any less than the rights of the Police Chief. This man's reputation was impuned and there was no fact to the accusation that was made. If Council is, in fact, protecting - 5 - 9/11/78 its City employees in the essence of them performing their functions and duties then it would be every bit as important for this City to pay the legal fees for Mr. Maginley. At this point the roll was called to the motion. 6.1. The City Manager reported that he received a letter from Stanley G. Tate, the applicant, in which Mr. Tate requested that the application for annexation which appears on tonight's agenda be with- drawn and reset for the next regularly scheduled Council meeting on September 25, 1978. Mr. Scheifley moved that consideration of the petition for annexation by Mr. Tate for a certain area on Military Trail be tabled for two weeks, seconded by Mr. Sanson. Said motion passed unanimously. 6.m. The City Manager reported that it is recommended that Counci- authorize the award of a contract for renovation of a wall along the east side of Anchor Park at a cost not to exceed $4,800, the amount of the lone bid received to date. It is recommended that the contract be awarded to Campbell Construction Company. An attempt was made all day today to secure additional bids and the City has been unable to do so. The $4,800 is a fair amount, so Council approval is therefore recommended. Mr. Scheifley moved that the contract be awarded for the renovation of the wall in Anchor Park as outlined by the City Manager, seconded by Mr. Sanson. Said motion passed unanimously. 7.a. The Mayor acknowledged the minutes of the Beautification Committee meeting held on August 2, 1978. Mayor Weekes stated that they asked for Council's attention on two items; one is the appropriation of $5,000 requested by the Parks Department for the cemetery. It is not in the proposed budget, but they feel that the cemetery needs a facelift The Evening Garden Club is willing to work on the project and feels that the City should put $5,000 into the project, a request with which he wholeheartedly concurs; the cemetery is just one step above a disgrace to the citizens of this City. The City Manager stated that he cannot understand why that is on there because it is in the budget. There is a $12,500 item in the budget and along with the explanation that came to him from the Parks and Recreation Department explaining the $12,500 appropriation, they say that this will then make all of the cemetery on automatic systems. This also includes $5,000 for planting a hedge along the west fence and landscaping of the new section as suggested by the Beautification Committee. The Mayor stated that the next item on the Beautification Committee minutes is a request for action with regard to controlling undesirable and/or illegal behavior in Atlantic Dunes Park such as picnics, drinking of alcoholic beverages and so forth. They request - that control should be tightened now so as to prevent future problems in this regard. The Mayor further stated that Council needs to take action on this to see that the ordinances are enforced and if they are enforced at the outset before people get into the habit of using that park for things which are against the City ordinances, it won't be so hard to control. The City Manager stated that he has talked to the Police Department about this matter and will continue to do so. Mr. Sanson stated that they received a memo the other day in regard to Mr. Winters putting up gates. It seems to him that these gates should be put up immediately and the park should start getting closed. - 6- 9/11/78 The City Manager stated that the installation of the gates is under way. Mr. Winters was exploring the feasibility of purchasing a different type of gate that the County has now gone to which is a much more expensive gate than the ones he had planned to get. After investigation, he has abandoned that plan and gone back to the origi- nal plan so they will be up as soon as he can get it done. 8.a. The City Manager reported that Ordinance No. 7-78 amending Chapter 15C "Landscaping" of the Code of Ordinances relative to land- scaping is before Council for consideration on Second and FINAL Read- ing. This ordinance was passed on First Reading at the August 28th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 7-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15C "LANDSCAPING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 15C-5(b) RELATIVE TO PERIODIC INSPEC- TION OF LANDSCAPING, USE OF SURFACE OR SUB- SURFACE WATER FOR SPRINKLING AND USE OF CITY WATER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 7-78 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Chapin moved for the adoption of Ordinance No. 7-78 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported that Ordinance No. 49-78 relative to rezoning and placing land presently zoned RM-15 (Multiple Family Dwelling) District in RM-10 (Multiple Family Dwelling) District, located in Section 29-46-43 south of Linton Boulevard, between Lindell Boulevard and S.W. 4th Avenue is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 14th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a publ~c hearing h'as been scheduled to be held at this time in order that any interested parties may be heard. The City Manager presented Ordinance No. 49-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED P~f-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND IN SEC- TION 29-46-43, LOCATED SOUTH OF LINTON BOULE- VARD, BETWEEN LINDELL BOULEVARD AND S.W. 4TH AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance 49-78 is on file in the official Ordinance Book) - 7 - 9/11/78 The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Scheifley moved that Ordinance No. 49-78 be passed on Second and FINAL Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Ordinance No. 50-78 relative to rezoning and placing land presently zoned RM-15 (Multiple Family Dwelling) District in PRD-4 (Planned Residential) District, located in Sections 29-46-43 and 30-46-43, on the west side of Lindell Boule- -- vard between Linton Boulevard and Dotterel Road is before Council for consideration on Second and. FINAL Reading. This ordinance was passed on First Reading at the August 14th 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 in order that any interested parties may be heard. The City Manager presented Ordinance No. 50-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PRD-4 (PLANNED RESI- DENTIAL) DISTRICT, A PARCEL OF LAND IN SEC- TION 29-46-43 AND 30-46-43, LOCATED ON THE WEST SIDE OF LINDELL BOULEVARD, BETWEEN LINTON BOULEVARD AND DOTTEREL ROAD, AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977" (Copy of Ordinance 50-78 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Durante moved for passage of Ordinance No. 50-78 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Ordinance No. 51-78 relative to rezoning and placing land presently zoned R-1AA (Single Family Dwelling) District in PRD-4 (Planned Residential) District, located in Section 29-46-43 on the north side of Audubon Boulevard between 1-95 and Lindell Boulevard is before Council for consideration on - Second and FINAL Reading. This ordinance was passed on First Reading at the August 14th 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 in order that any interested parties may be heard. The City Manager presented Ordinance No. 51-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PRD-4 (PLANNED RESI- DENTIAL) DISTRICT, A PARCEL OF LAND IN SEC- TION 29-46-43, LOCATED ON THE NORTH SIDE OF AUDUBON BOULEVARD, BE~EN 1-95 AND LINDELL BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". - 8 - 9/11/78 (Copy of Ordinance No. 51-78 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Chapin moved for the adoption of Ordinance No. 51-78 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 57-78 relative to annexing a 9.31-acre parcel of land located in Section 30-46-43 at the southeast corner of the intersection of Germantown Road and S.W. 22nd Avenue subject to RM-10 (Multiple Family Dwelling) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 14th 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 in order that any interested parties may be heard. The City Manager presented Ordinance No. 57-78: 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 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNI- CIPAL 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. (Copy of Ordinance No. 57-78 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Durante moved for the passage of Ordinance No. 57-78 on Second and FINAL Reading, seconded ~y Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 59-78 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to board and care homes. This ordinance was passed on First Reading at the August 28th 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 in order that any interested parties may be heard. The City Manager presented Ordinance No. 59-78: 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(8) "DEFINITIONS" TO CHANGE THE LIMIT OF PERSONS PERMITTED IN BOARD AND CARE HOMES FROM 10 TO 20 PEOPLE RESIDING AT ANY ONE TIME IN SUCH FACILITY; PROVIDING A SAVING CLAUSE: PRO- VIDING AN EFFECTIVE DATE. - 9 - 9/11/78 (Copy of Ordinance No. 59-78 is on file in the official Ordinance Book) The City Mananger 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. Scheifley moved for the passage of Ordinance No. 59-78 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; Mr. Scheifle~ ~ Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. ~.g. The City Manager reported that Ordinance No. 60-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to commercial site plans is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 28th 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 in order that any interested parties may be heard. The City Manager presented Ordinance No. 60-78: 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 29-11 (N) (4) GC (GENERAL COMMERCIAL DISTRICT), 29- 12(N) (4) SC (SPECIALIZED COMMERCIAL DISTRICT), 29-13(0)(3) CBD (CENTRAL BUSINESS DISTRICT), 29-13. i(M) (4) LC (LIMITED COMMERCIAL DISTRICT) RELATING TO THE SITE AND DEVELOPMENT PLAN APPROVAL REQUIREMENTS FOR CERTAIN COMMERCIAL DEVELOPMENTS; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 60-78 is on file in the official Ordi- nance Book)The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Chapin moved for the adoption of Ordinance No. 60-78 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.h. The City Manager reported that Ordinance 61-78 adootinm the 19%~-79 municioal budget is before Council for passage consideration. There are three separate actions that need to be taken with regard to this one item: the holding of a public hearing on the federal revenue sharing budget, a public hearing on the regular City budget and consideration of passage on First Reading of the implementing ordi- nance. With regard to the federal revenue sharing budget, the City Manager held a public hearing, as required by law, some months ago. Three residents attended that public hearing and their input and recommendations were heard. The total federal revenue sharing budget for the coming fiscal year is $358,375. Those funds are allocated to some 13 different activities: Finance Administration - $2,000; Police Department - $108,750; Fire Department - $46,150; Traffic Engineering - $41,000; Garbage Collection - $69,500; Trash Collection - $32,500; the Central Garage - $16,200; Playgrounds and Playfields - $3,725; Robert P. Miller Park - $2,600; Sarah G. Gleason Park and Beach - $13,700; Tennis Courts - $2,400; C. Spencer Pompey Park - $2,600; Parks Division - $17,250 bringing it to a total of $358,375. A public hearing was held on the federal revenue sharing portion of the budget having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. - 10 - 9/11/78 Mayor Weekes read a letter which was given to him this evening by Mr. Rudolph Brey which he has as~'ed to be read into the record: "Mr. Weekes and members of the City Council, Please accept and record this letter in lieu of a personal appearance this evening due to renewed requests for the City Manager and Finance Officer for allocation of federal revenue sharing funds for the next fiscal year. Due to a previous commitment, I cannot appear. This request is to be recorded as coming from a concerned citizen. Basically it would be the same presentation as the AARP and others made last year. Thank you for your consider- ation and inclusion in the upcoming budgets. Respectfully, Rudolph Brey." The City Manager referred to the budget in response to a question from the audience. He stated that $54,500 is for a front loader packer truck and $15,000 is for commercial containers making a total of $69,500. Mr. Weber stated, in response to the City Manager, that there is $3,700 budgeted for bicycle paths on Barwick Road. That work has been done and will be paid for out of the forthcoming budget. The public hearing was closed on the federal revenue sharing portion of the budget. Mr. Sanson stated that he is very pleased with the manner in which this particular section of the budget was handled. For the members of the public that aren't aware of it and the press, we do have expenditures entirely for, so to speak, capital costs. That is the way, in his opinion, Congress meant for federal revenue sharing monies to be spent. He asked the City Manager why this year's receipt of funds is less than previous years. The City Manager stated that the City had a larger carry over last year. Mr. Weber stated that they are referring to the section of the money the City is receiving from the Federal Government. The City received a little bit more in the past year due to some recomputations on per capita income and population,~etc. They are taking it away from the City in the coming year; it is adjusted and we are getting our fair share. In response to Mr. Sanson, Mr. Weber further stated that there is money budgeted in the capital improvement fund from interest earnings and a portion of that money is applicable and has already been encumbered for the installation of a sprinkler system at Sarah Gleason Park. In addition, there is about $6,000 - $7,000 that will be spent there. This money is also allocated from the capital improvements fund. Mr. Scheifley stated that at a workshop meeting, it was the consensus of Council that the western part of Sarah Gleason Park might be considered as a location for a Sister City exhibit. He asked the City Manager if that would affect the landscaping. The City Manager stated that it might affect the landscaping; that is one of the sites that is being looked at and will be taken into consideration. The City Manager reported, in regard to the general revenue budget, there are six funds in the regular City budget encompassing the various agency budgets of the City. A total millage cut of one mill is reflected in the budget as it now stands after being at work- shop by Council, as compared to the last year's millage rate. The first fund is the General Fund which is balanced revenue and expenses at $9,142,530. An itemization of the detail is set forth in the ordinance, Ordinance No. 61-78. The second budget is the Water and - 11 - 9/11/78 The City Manager presented Ordinance No. 63-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FA>lILY DWELLING) DISTRICT, IN R-1AA-B (SINGLE FAUltILY ~ELLING) DISTRICT, THAT PART OF THE SUBDIV- ISION OF TROPIC BAY, AS RECORDED IN PLAT BOOK 29, PAGE 20, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE CENTER LINE OF BOONE DRIVE, SOUTH OF THE CENTER LINE OF EVERGREEN DRIVE AND NORTH OF CENTER LINE OF FERN DRIVE, AS SHO~N ON THE PLAT OF TROPIC ISLE 3RD SECTION, AS RECORDED IN PLAT BOOK 25, PAGE 37, OF THE PUBLIC RECORDS OF PALM - BEACH COUNTY, FLORIDA, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 63-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Chapin stated that with the dis- closure that he represents the Tropic Bay Condominium Apartment Asso- ciation, he will vote yes. At this point the roll was called to the motion. 8.k. The City Manager reported that Ordinance No. 64-78 relative to annexing a 2-acre parcel of land located in Section 8-46-43 at the southeast corner of the intersection of Lake Ida Road and Depot Avenue, subject to R-lA (Single Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family). Council, at the August 28th meeting, directed the City Attorney to prepare the ordinance. Second and FINAL Reading and public hearing will be held at the meeting on October 9th. The City Manager presented Ordinance No. 64-78: 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 SEC- TION 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. 64-78 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.1. The City Manager reported that Ordinance No. 65-78 amending Chapter 2 "Administration" of the Code of Ordinances relative to increasing the compensation of Council Members is before Council for consideration on First Reading. This was discussed at the August 23rd workshop meeting. The City Manager presented Ordinance No. 65-78: - 14 - 9/11/78 098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-1.1 TO PROVIDE THAT EACH COUNCIL- MEMBER'S SALARY SHALL BE INCREASED FROM $300 PER MONTH TO $400 PER MONTH AND THE MAYOR'S SALARY SHALL BE INCREASED FROM $400 PER MONTH TO $500 PER MONTH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. The City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 65-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Chapin stated that this ordi- nance would not affect this Council, but would take effect upon the seating of the new Council. At this point the roll was called to the motion. 8.m. The City Manager reported that Ordinance No. 66-78 amending the Charter and Civil Service Act is before Council for consideration on First Reading. This ordinance provides that employees covered by a collective bargaining agreement shall not receive the benefits of the Civil Service System unless otherwise provided in the Code of Rules and Regulations or Personnel Policies adopted by the City or the collective bargaining agreement to be voted on in a referendum election on November 7, 1978. This was discussed at the September 5th workshop meeting. The City Manager presented Ordinance No. 66-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM TO BE HELD NOVEMBER 7, 1978, ADDING TO PART I, SECTION 4.04 OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, A SUBSECTION(j) AND AMENDING SECTIONS 2 AND 4 OF THE CHARTER AND CIVIL SERVICE ACT, WHICH SECTIONS OF THE CHAR- TER AND CIVIL SERVICE ACT PROVIDE FOR THE ESTABLISHmeNT OFA CIVIL SERVICE BOARD, A CODE OF CIVIL SERVICE RULES AND REGULATIONS, AND PERSONNEL POLICIES; AND WHICH SECTIONS, CODE AND PERSONNEL POLICIES PROVIDE TERMS AND CONDI- TIONS OF EMPLOYMENT AND A SYSTEM OF CIVIL SERV- ICE FOR CITY EMPLOYEES; SAID Ab~NDb~NTS TO PROVIDE THAT THE CIVIL SERVICE BOARD, THE CODE OF CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES SHALL CONTINUE TO APPLY TO AND BE MAINTAINED FOR ALL REGULAR EMPLOYEES WHO ARE NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT AND THAT REGULAR EMPLOYEES WHO ARE COVERED BY COLLECTIVE BARGAINING AGREEMENT, UNLESS OTHERWISE PROVIDED EITHER IN THIS ORDI- NANCE, OR IN THE CODE OF CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES OR IN THE COLLECTIVE BARGAINING AGREEMENT, SHALL BE REMOVED FROM THE BENEFITS OF THE CIVIL SERVICE ACT, CIVIL SERVICE CODE OF RULES AND REGULA- TIONS AND PERSONNEL POLICIES. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 66-78 on First Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 15 - 9/11/78 ~r. Sanson stated, before roll call, that he is very supportive of this question being put to the people. However, he is concerned about a couple of things, the basic one being what the Council intends to do to make the people understand what this question is about. Mr. Sanson advised that the City of Fort Lauderdale passed a similar ordinance. He contacted the Mayor of Fort Lauderdale and he was sent a pamphlet which outlines what the ordinance is about and what it is trying to accomplish. This is not an easily understandable ordinance; if it is to be put on the ballot, it is encumbent upon Council and other informed citizens to try to make the public aware. Mr. Scheifley stated that he concurs with Mr. Sanson's statements. He further stated that before they vote on this measure, he would hope that they would have a definitive resolution of whose responsibility it is to see to it that there is a general education of the public on this particular point. The City Manager suggested that the City Attorney's office, perhaps, simplify the basics and then let everyone accept speaking engagements as they come along to the various clubs, and, in addition, the press will give it ample coverage. Mr. Sanson recommended putting this item on the March ballot rather than the November ballot. The City Manager stated that the reason he would like to see this on the November ballot rather than March is to keep it divorced from City politics as much as possible. At this point the roll was called to the motion. 8.n. The City Manager reported that Ordinance No. 67-78 amending Chapter 9 "Building Code" of the Code of Ordinances relative to demolitions is before Council for consideration on First Reading. The City Manager presented Ordinance No. 67-78: AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING ARTICLE II, "UNSAFE BUILDINGS" AND ENACTING A NEW ARTICLE II ENTITLED "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS" SETTING FORTH ITS APPLICA- TION TO UNSAFE BUILDINGS AS THEP~IN DEFINED; DEFINING SPECIFIC WORDS AND PHRASES; PROVID- ING COMPLIANCE REQUIREMENTS FOR ALTERATIONS, ADDITIONS AND REPAIRS; DESIGNATING AN ENFORCE- MENT OFFICER AND SETTING FORTH HIS POWERS AND DUTIES; PROVIDING FOR INSPECTIONS, DESIGNATING STANDARDS FOR COMPLIANCE; PROVIDING FOR NOTICE OF NON-COMPLIANCE, NOTICE TO VACATE, POSTING NOTICE OF UNSAFE BUILDINGS; PROVIDING FOR APPEALS TO THE EXISTING BOARD OF ADJUSTMENT, RULES OF PROCEDURE FOR HEARING APPEALS, ALLOWING THE BOARD OF ADJUSTMENT TO APPOINT HEARING EXAMINERS AND TO ISSUE SUBPOENAS, SETTING FORTH A FORM OF NOTICE OF HEARING; PROVIDING FOR RECORDING OF COST OR REPAIR OR DEMOLITION, LIENS, VIOLATIONS AND PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 67-78 on First Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 16 - 9/11/78 8.o. The City Manager reported that Ordinance No. 68-78 pro- viding for a referendum to be held on November 7, 1978, amending Article V "Elections" of the City Charter is before Council for con- sideration on First Reading. This was discussed at the workshop meeting on September 5th. The City Manager presented Ordinance No. 68-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM TO BE HELD ON NOVEMBER 7, 1978, AMENDING ARTICLE V, "ELECTIONS", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH BY REPEAL- ING SECTION 5.04(a) AND (b)(1) AND ENACTING A NEW SECTION 5.04(a) AND (b)(1) IN LIEU THERE- OF; WHICH SECTION OF THE CHARTER SETS FORTH THE REQUIREMENTS FOR ELECTION OF CANDIDATES IN THE FIRST NONPARTISAN ELECTION; SAID AMEND- MENT TO CLARIFY THE NUMBER OF VOTES REQUIRED FOR ELECTION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 68-78 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Scheifley stated that if the old ordinance was interpreted literally and the ballot and the vote were synonamous, it was impossible for anybody to be elected and so the City Attorney, fortunately, got a ruling that it would only require a simple majority of the number of ballots rather than the number of votes. He thinks that it is very important that this be passed as quickly as possible. At this point the roll was called to the motion. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on August 22nd, recommended by unanimous vote that the site and development plan approval request for Rainberry Lake, located in Section 18-46-43 on the west side of Congress Avenue between Lake Ida Road and the L-30 Canal be approved, subject to the following: (1) Comments of the Director of Public Utilities as stated in his July 20th memorandum. (2) Comments of the City Engineer as stated in his August 10th memorandum, with the pro- vision that the three additional exits as requested by the City Engineer not be pro- vided. (3) Comments of the Lake Worth Drainage District as stated in their July 12th letter. (4) Comments of the Community Appearance Board. (5) Availability of water. (6) A time limitation of 18 months be set for development of the project. This was discussed at the September 5th workshop meeting. The Mayor stepped down from any discussion on this item and turned the chair over to Vice-Mayor Chapin. - 17 - 9/11/78 Mr. Sanson stated, in regard to the Deparment of Administra- tion in the State Government that handles the DRI process, he has not had a chance yet to receive their reply to any reaction they might have to the fact that this total project is encompassing more than 2,000 units, when in fact it was represented it would not. Secondly, last Thursday, he attended a meeting of the Metropolitan Transporta- tion Planning Organization and he had it confirmed and clarified there that the County Government has no intentions or plans to provide any money for the improvement of Lake Ida Road. Third, on Friday, he had occasion to hear a better part of an address by the County Attor- ney's office to the Palm Beach Municipal League, at which Mrs. Durante and Mr. Mariott were present, dealing with the proposed impact fee ordinance in which money collected would go towards trans- portation improvements. The ordinance is presently being drafted and could, perhaps, have some benefits to municipalities by providing money to them. Much of the body of the address, to him, demonstrated quite graphically and vividly what serious trouble this County is in, in having money to meet its future transportation needs. They have created substantial development along Lake Ida Road and not one dime is allocated to provide improvements.' Much of the development is still under construction or yet to be started. Thousands of new people are going to be living on that road. Where is the money going to come from when the people come to the Council and demand traffic lights turning lanes, and certain satisfactions that they feel are needed to provide them with safe and adequate ingress and egress into their developments? He, personally, thinks that this site plan should not be approved until such time that provision is made by the developer on some kind of per unit basis to provide for transportation improve- ments. He has conferred with the~,County Commissioner, Mr. Medlen, who is fighting very hard for this impact fee ordinance.~ Mr. Medlen has stated that he fully expects this ordinance will be acted on by January. Mr. Medlen has also assured him, as has the County Attorney's office that nothing will be done if, in fact, the ordinance is not felt to be fully constitutional and enforceable. Mr. Sanson urged that approval of this site plan be postponed until such time as January rolls around and Council can see what the disposition of that ordinance is. He pointed out to Council that this was a very unusual discussion for the City's Planning & Zoning Board. There are some serious questions as to the quality of this development and whether or not the site plan is a good one. He stated that he will have to oppose this motion based on the basic soundness concerning where the City is going to find the money for the transportation improvements of the future. Mr. Scheifley stated that the City is operating under its present rules and present procedures and it cannot look at something on the condition that some new County ordinance or impact fee may be imposed at some time in the future. On that basis and subject to the six numbered sentences listed in the preface to the agenda as coming from the Director of Public Utilities, the City Engineer, the Lake Worth Drainage District, the Community Appearance Board, the avail- ability of water and the time limitation, Mr. Scheifley moved to sustain the recommendation of the Planning & Zoning Board and approve this site plan, seconded by Mrs. Durante. The City Attorney requested that Council postpone the approval of the site plan until he can get a reading from the Division of State Planning as to whether they feel this is a DRI or not. He tried to get in touch with the General Counsel Division of State Planning today and was not able to. He requests that Council post- pone this until the meeting of September 25th so he can get a deter- mination from them as. to how they feel about it. Mrs. Durante stated that she would go along with the City Attorney if he is asking for a postponement, but ~she would like to reply to Mr. Sanson's statements. She does not think that Council should penalize this development to wait for a system that the City has not even adopted yet. Mr. Sanson stated that he would feel more towards Mrs. Durante's position if, in fact, most of the development that has occurred along Lake Ida Road were not by the same developer. - 18 - 9/11/78 Vice-Mayor Chapin asked Council if they would accept the advice of the City Attorney to postpone this item until the 25th of September. Mr. Scheifley stated that this item cannot possibly pass on September 25th because he will not be here, Mayor Weekes will refuse to vote on the item due to conflict of interest, and that leaves only three Council members, Mr. Chapin, Mrs. Durante, and Mr. Sanson. Since Mr. Sanson is voting against this item, the vote will be 2 to 1 which is not a passing vote. Vice-Mayor Chapin asked the City Attorney his reason for requesting a delay. The City Attorney stated that it has to do with whether or not the combined developments that have been proposed and are partly under way by Mr. Siemens will constitute what is called a Development of Regional Impact (DRI) under Chapter 380 of the Florida Statutes. If it would be construed to be a DRI, then the application has to be reviewed in addition to the City by the Regional Planning Council which he represents. They would render a report to the City that would delineate their recommendations for the project in 5 or 6 speci- fied areas which include the impact on the environment, the impact on the economy, traffic, solid waste and so on down the line as far as public services and public facilities are concerned. His initial reaction to this development is that it very well might not be a DRI, but he does want to check that out before this City Council approves it and lets the project go forward. Also, he would like to clear up what he thinks may be a misconception on the part of City Council in terms of their ability to look at and to assess for the impact that a development has on traffic. If you phrase that in terms of looking at this development in terms of an ordinance that may be passed in 5 or 6 months down the road, that is one thing. If you look at it in terms of analyzing the present projected impact of the develop- ment and assessing for that impact, there is nothing to prohibit Council from doing that. Council also has the authority to request a traffic impact analysis and to require additional right-of-way, additional paving and so on. Mrs Phyllis Plume of the Planning & Zoning Board stated that this plan is quite different from the concept they had for a PRD. This plan is really two site plans laid down together, side by side. In a way, it meets all the requirements of the PRD. Yet, they did not think it was a very good plan based on their own intent of the PRD and it was for that reason that they thought they would ask the developer to come back and explain why he feels that this is his best effort. The lake itself is an oversized lake and a very limiting sort of thing. The developer had to meet the requests of the people living on Lone Pine Road and he has made a big effort to work with those people. The main problem with this property is it's across the street from the sewer plant, so no matter how he planned it, he felt he had to put multiple housing up there. The Board listened to him and the ultimate outcome was that this is really all you can do with this property and so they are going to keep one portion of it PRD-4. In response to a question from Mr. Scheifley, Mrs. Plume further stated that they talked about ingress and egress. The engineer talked about having two more entrances onto Davis Road. The developer, in trying to comply with the wishes of the people who live on Lone Pine Road, deliberately has eliminated any entrances. The two plans are being planned for security so they each have an ingress and egress. Mr. Scheifley asked Mr. Sanson if the City Attorney finds that this does not constitute a DRI, would Mr. Sanson still vote against it. Mr. Sanson stated that he would. Mr. Scheifley stated that since Mayor Weekes will not vote, this item will not get acted upon. He suggested that Council pass it with conditions tonight. - 19 - The City Attorney, in response to Vice Mayor Chapin, stated that the City has the authority to enforce Chapter 380 as does the Division of State Planning, and what the City would be missing or incurring is not a remedy that would be invoked against it by the State Planning but rather missing the opportunity of having this develop- ment reviewed in a competely different posture than if it were reviewed just by the City. The City Manager suggested that Council approve this subject to it not being a DRI. The City Attorney stated that if the development is a DRI, the City should not approve it until it goes through the process and once it goes through the process, it will then come back and not only be reviewed by the Regional Planning Council but it will be processed ~ in the City as a rezoning petition. Mr. Siemens, the applicant, stated that on the basis of the zoning that exists ~on the couple of parcels that are under question they could have developed an additional 600 units on the site. If the determination is that they have, in fact, more than 2,000 units that is the threshold for the DRI which existed prior to February, 1978, they will simply reduce the number of units down so that they do not have that many units. In response to a statement from Mr. Sanson, Mr. Siemens stated that the ownership of the two parcels is quite different. In one particular entity, he is an equal partner and in the other property, he has a minority interest. Mr. Scheifley asked Mr. Siemens if he has given any con- sideration to the traffic impact that will be caused by these addi- tional units and if he has planned for this impact on Congress Avenue and Lake Ida Road. Mr. Siemens stated that, obviously, the location of this property being at that particular intersection is going to have some significant impact on the intersection. They have laid the property out and finally determined that it made the most sense to put the most traffic right onto Congress versus directing it out onto Lake Ida Road. Mr. Scheifley asked Mr. Siemens if he has checked with the Department of Transportation to find out when Lake Ida Road and Congress Avenue will be four-laned because this may take care of the problem. Mr. Siemens stated that these are County roads. They have long range and short range planning there and he has not been able to get a determination as to when they are going to do anything. Mr. Sanson stated that on Thursday, he attended the MPO meeting. He looked at the 5 year plan that the City adopted. Neither street is on that plan. If Council does not have Mr. Siemens recog- nize the responsibility and help out with it,~then this Council, through the MPO organization should certainly get a resolution asking for immediate attention to be given to this area. Mr. Siemens stated that they put two-thirds of the traffic directly onto Congress and retained only one-third of the traffic im- pact of this site onto Lake Ida Road. The roads that they are going to be developing the access into the property are going to be pri- vate roads. Mr. Scheifley moved that final consideration of this site plan be postponed until the meeting of Monday, October 9th, during which time it is assumed the City Attorney will bring in some meaning- ful information concerning the subject at hand, seconded by Mr. Sanson. Upon roll call Council voted as follows: Vice-Mayor Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes. Said motion passed with a 4 to 0 vote. Before roll call Mr. Scheifley withdrew his previous motion and Mrs. Durante withdrew her second. - 20- 9/11/78 At this time the roll was ~alled to the motion. Mayor Weekes returned to the Council Chambers at this time and assumed the chair. 10. The City Manager recommended that Council authorize pay- me~t of the City's bills. Mr. Sanson moved that Council ratify payment of the City's bills, seconded by Mr. Scheifley. Said motion passed unanimously. General Fund ............. $427,037.77 Cigarette Tax Fund .......... 9,802.00 Utilities Tax Fund .......... 100,000o00 Special Projects Fund ......... 17,420.18 Mr. Chapin moved, at 9:40 P.M., for the adjournment of the meeting, seconded by Mr. Scheifley. Said motion passed unanimously. ~ City Clerk ATTE S T: 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 September 11, 1978 which minutes were formally approved and adopted by the City Council on.~_~.~ ~.f~/~f. 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. - 21 - 9/11/78