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10-09-78 OCTOBER 9, 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, October 9, 1978, with Mayor Leon M. Weekes presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, Charlotte G. Durante, Aaron I. Sanson, IV.,and James H. Scheifley, present. 1. The opening prayer was delivered by Dr. William L. Fischer, Unity of Delray Beach. 2. The Pledge of Allegiance to the flag of the United States ~-{ America was given. 3. Mr. Chapin moved for the approval of the minutes of the r-~gular meeting of September 25, 1978, seconded by Mrs. Durante. Said motion passed with a 4 to 0 vote. Mr. Scheifley abstained from voting due to his absence at the last meeting. 4.a.1. Mr. Sanson stated that all of them are aware of the situa- tion developing with the sailboats collecting on the north beach. He went up there and looked at it this weekend and it really does appear to be getting out of hand and he hopes that Council will address this question in the future. 4.a.2. Mr. Sanson stated that a copy of a resolution has been re- ceived from the City of Boynton Beach relative to their resolving to try to have the South Florida Water Management District members changed to elected officials instead of appointed officials as they are now. The question has come up as to whether Delray Beach should pass a similar resolution. He feels that it is an item that should definitely be given attention. It was the consensus of Council that the City should adopt a similar resolution. The City Attorney was instructed to prepare a resolution similar to the one passed by Boynton Beach for the next Council meeting. 4.a.3. Mr. Sanson stated that he visited the Atlantic Dunes Park this weekend and he is concerned because the parking lots are fully operational now, yet may people are continuing to park on the east side of the road. He suggested that the City Administration might post some "no parking" signs on that side of the road. The City Manager stated that the last he heard on this matter, permission was being sought from DOT to post the signs and that he would check into the matter further. 4.a.4. Mr. Sanson noted that some time back the City signed a water and sewer agreement with Woods of Southridge which is a county pocket. He was wondering why this piece of property is not subject to being annexed right away and asked permission to have the City Attorney sit down and work with him on this and look at it from a legal standpoint and see whether there is some way the City could annex this property. Council agreed to Mr. Sanson's request. 4.b.1. Mayor Weekes presented a proclamation proclaiming Sunday, November 19, 1978 as "Shrine Hospital Day". A member of the Shriners of North America accepted the proclamation and reported on the various hospitals that benefit from the Shrine activities. 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 recommended that Council skip over this item. 6.c. The City Manager reported that it is recommended that Council authorize Russell & Axon to prepare a user charge and cost recovery System with respect to sewer service charges, the concept of which is to be formulated by Russell & Axon, the City Administration and the City Attorney and recommended to City Council at a subsequent meeting. This was discussed at the October 2nd workshop meeting. The City Attorney suggested that Council take up item 6.c. and item 6.d. together and authorize Russell & Axon to do a sewer rate study involving ail sewer rates charged by the City of~Delray Beach and also analyzing the rates charged under the Developers Util- ity Service Agreement, the type of which is listed in 6.1. in the agenda. Mr. Chapin moved that Council authorize the firm of Russell & Axon to prepare a cost analysis with respect to sewer and water connection fees; secondly, with respect to sewer rate study and, thirdly, rate study in connection with the Develope~Utility Service Agreement, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call, Mr. Sanson made a substitute motion that this item be put out to competitive bid. The motion died for lack of a second. The roll was called to the motion at this time. 6.e. The Mayor reported that as discussed at the October 2nd workshop meeting, Council is to give consideration to establishing a City annexation policy for land west of Military Trail. Mr. Chapin moved that Council establish a City policy that the City's reserve area be reduced from 1320 feet west of Military Trail to the center line of Military Trailtand that the City adopt as its official policy that henceforth there shall be no annexations west of the center line of Military Trail and that the City Attorney's office be authorized to prepare the documentation necessary to make that change effective as part of the City's comprehensive plan and put it back on a formal Council agenda, seconded by Mr. Scheifley. Said motion passed unanimously. 6.f. The City Manager reported that Council determined at its October 2nd workshop meeting when discussing Planning & Zoning Board memorandum dated September 22, 1978 to consider appointing a committee at tonight's meeting with respect to annexation of County pockets. Since that workshop meeting, Mike Brody has called and offered his services as a member of the committee should Council so desire. Mayor Weekes stated that he attended the Board of Directors meeting at the Chamber of Commerce last Wednesday and the subject was discussed there. One of the members of that Board came up with a thought that we might have more success with this endeavor if it were fronted by someone other than the City itself. It would not change the thrust of it, or the fact that Council would appoint the committee, but it would have a certain public relations effect, in that the people who are going out and doing the actual legwork and contacting the people living in the pockets are not directly from the City. The Chamber of Commerce recommended Bill Ward who lives in a pocket to be appointed to the committee. The President of the Chamber of Commerce, Tom Smith, also lives in a pocket and he said he would be the first to agree to be annexed. Mr. Chapin stated that he feels that an independent group without bias can do a far better job in making an unemot'~nal, sound, economic approach. It was the Chamber who spawned the City Beautifi- cation Committee, the City's Solicitation Committee and the Beach Restoration Action Committee. He thinks that the City should remove itself directly from participation in this effort. - 2 - 10/9/78 Mr. Scheifley stated that getting a group outside of the City Council is an excellent idea. There are a number of prominent people living in the pockets who will fight this. The Mayor stated that it was suggested they appoint a seven person committee. They have eight people suggested and they need to at least add a realtor to the group and from those nine people, they need to appoint seven, one of which shall be the representative from the Chamber of Commerce, which will be Bill Ward, and leave open a representative from the Board of Realtors and let them make that appointment. Mr. Chapin moved that Council approve an ad hoc committee to serve under the auspices of the Delray Beach Chamber of Commerce, that is their director and their staff, to work on this problem of convincing those approximately 55 property owners who are within our geographical boundaries to voluntarily annex into our City; the following seven members to serve on that committee: Phyllis Plume, Leo Blair, Jack Gomery, Roger Saberson, Bill Young, Ron Sanson and Bill Ward; and that this group select a chairman and that this chair- man keep this group advised of its efforts on a 30 day basis. Mayor Weekes asked Mr. Chapin if he deliberately omitted the Board of Realtors. Mr. Chapin stated that he felt that when this was discussed at workshop they arrived at a workable group of seven and he would very much like to have the Board of Realtors involved and he would not object to expanding this to a nine member group and to include Mr. Brody and a member of the Board of Realtors. Mr. Chapin suggest- ed that Mr. Brody and a member of the Board of Realtors act as alter- nates. Mr. Scheifley seconded the motion. Mrs. Plume stated that she feels that a committee of nine members would be fine and she is opposed to having alternates. Mr. Chapin changed his motion to include nine members on the committee including Mr. Brody and a representative to be desig- nated by the Delray Beach Board of Realtors, seconded by Mr. Scheifley. Said motion passed unanimously. Mr. Chapin stated that at the workshop' last week there was an item regarding his proposal for a potential interlocal agreement with the County. That is not on the agenda tonight because the City Attorney's office was overindulged with legal work but he has been informed that it will be on the agenda two weeks from tonight. 6.g. The City Manager reported that at a conference held recently and participated in by the City Managers of Boynton Beach and Delray Beach, interested citizens, the Principal of Atlantic High School and Law Enforcement Agencies of Delray Beach, Boynton Beach and the County Sheriff's Department, a judgment was arrived at that the most econom- ical and most feasible way of providing the needed minimum law enforce- ment protection and security at the home football games at Atlantic High School would be for the Cities of Delray Beach and Boynton Beach to each pay $180.00 per season which would be the equivalent of each City providing for the expense of one deputy at each of the five home games. This $180.00 expenditure would not be taken to Council were it not for the fact that it would be used for a purpose at a location outside of Delray Beach. Although the location is outside Delray Beach, the expenditure would certainly be for a municipal purpose in that it would be for the benefit of Delray Beach participants and residents. Approval is therefore recommended. The City Attorney stated that the amount of money is not significant, however, he feels that the type of request that is being made here is the type that is increasingly being made to cities and counties throughout Florida and gradually the amounts will increase, not necessarily in this functional area but in others. He is con- cerned because he feels that it is taking funds, in essence, from - 3 - 10/9/78 Delray tax dollars and turning them over to another governmental entity who has taxing power to perform a function that they are supposed to perform with the funds they receive under that authority. This type of approach could be used to justify expenditures for school books, which are within the control of the Palm Beach County School Board, to justify expenditures for Sheriff's road patrol in areas out- side the City. There is no question that providing law enforcement officers at a football game is a public purpose and a public function but it really comes down to him as a public purpose for which agency? In view of the fact that each agency does have the taxing power and is supposed to perform these respective functions, he feels that this is a borderline situation and that this type of request will be brought back to the Council as aJprecedent. Mr. Scheifley stated that there is no question that this is a worthy cause but it is just one more step in participating in another function which is going to lead inevitably to a metropolitan form of government. Mrs. Durante stated that she agrees with the City Attorney. She wonders what the County is doing with the tax dollars that they collect. She is paying them tax dollars already. Mr. Sanson also agreed with the City Attorney's statements. Mr. Chapin moved that Council pass a resolution to the Palm Beach County School Board requesting that the County School Board provide adequate security for the attendees at the Atlantic High School sporting events. Upon request from the other members of Council, Mr. Chapin added to his motion that the City administration communicate in writing with Earl Hawk, principal of Atlantic High School advising Mr. Hawk of our sympathy with the problem but we feel that the proper financial source for funding of this request is the Palm Beach County School Board and not the City of Delray Beach, seconded by Mrs. Durante. Said motion passed unanimously. 6.h. The City Manager reported that changes in the Code of Ordi- nances reflected in the Conference Memorandum and Addendum and author- iz~ng the Municipal Code Corporation to prepar~ proofs of the new code are to be considered by Council tonight. This was discussed at the October 2nd workshop meeting. Mrs. Durante moved that Council approve the changes in the Code of Ordinances as reflected in the Conference Memorandum and Addendum and authorize the Municipal Code Corporation to prepare proofs of the new codes, seconded by Mr. Chapin. Said motion passed unanimously. 6.i. The City Manager reported that the following two bids were received for extension of the raw water main to Well l-W: Bidder Quotation B. A. T. Pipeline Contractors $~8,48Q.00 West Palm Beach Barile Excavating & Pipeline Co. 11,657.00 Lake Park It is recommended that the award be made to the low bidder, B. A. T. Pipeline Contractors in the amount of $8,480.00 with funds to come from the 1972 Water and Sewer Revenue Bonds. Mrs. Durante moved that the award be made to the iow bidder, B. A. T. Pipeline Contractors for the amount of $8,480.00 for the extension of the raw water main, seconded by Mr. Sanson. Said motion passed unanimously. - 4 - 10/9/78 6.~.. The City Manager reported that as was discussed at the October 2nd workshop meeting, it is recommended that Council approve an amendment to the City - Russell & Axon agreement relative to pay- ment of mileage expense at the standard City mileage rate in effect at the time the mileage was incurred. Mrs. Durante moved that Council approve the amendment to the City - Russell & Axon agreement relative to payment of mileage expense at the standard City mileage rate in effect at the time the mileage was incurred, seconded by Mr. Chapin. Said motion passed unanimously. 6.k. The City Manager reported that it is recommended that Council authorize approval of Change Order No. 2 - Sanitary Sewer Improvements - Round II, which decreases the contract by $2,515.81 and increases the completion time by 76 calendar days. The reason for the decrease in price was an adjustment of final quantities. Less pipe and less asphalt replacement were required than originally planned. The time extension was necessary due to the fact that electric power was not available at the lift station site in time to complete the project as planned. The total adjusted contract price is $361,737.24. Mr. Chapin moved that the Change Order No. 2 for the sanitary sewer improvements - Round II be approved, seconded by Mrs. Durante. Said motion passed unanimously. 6.1. The City Manager reported that it is recommended that Council approve the execution of a Developers Utility Service Agreement with High Point of Delray Builders, Inc.~ for the providing of water and sewer service to the area described as High Point of Delray, Section VII (Phase I). $14,800 will be deposited in the Developers Fund account to cover 148 units @ $100 each. Mrs. Durante moved for the execution of the Developers Utility Service Agreement with High Point of Delray Builders for the amount of $14,800 to be deposited in the Developers Fund account, seconded by Mr. Sanson. Said motion passed unanimously. 6.m. The City Manager reported that it is recommended that Council approve a 12-foot easement deed between the City and Florida Power & Light at S.W. 6th Street between S.W. 8th Avenue and S.W. 14th Avenue in order for Florida Power & Light to provide overhead service to the irrigation pump at the cemetery. There is no money involved and this easement lies wholly within City property. The City Attorney suggested that this be made revocable in 30 days notice. Mr. Sanson moved that Council approve a 12-foot easement deed between the City and Florida Power & Light at S.W. 6th Street between S.W. 8th Avenue and S.W. 14th Avenue and that this easement deed be revocable within 30 days notice, seconded by Mrs. Durante. Said motion passed unanimously. 6.n. The City Manager reported that it is recommended that Council authorize approval of Change Order No. 3 - Sanitary Sewerage Project, Part C in the amount of $85,989.75, involving the following major items: 1) Adjustment of final quantities in accordance with as-built measurements. 2) Additional pavement replacement to eliminate patches down the middle of certain streets, replace previously damaged pavement, and eliminate certain drainage problems. 3) Furnishing and installing lift station and force main No. 3lA to avoid dangerous excava- tion under the Tropic Boulevard bridge. - 5 - 10/9/78 The total adjusted contract price to date is $1,130,159.15 and will be funded 100% by EDA. Mr. Scheifley moved that Change Order No. 3 - Sanitary Sewerage Project, Part C in the amount of $85,989.75 be approved, seconded by Mr. Chapin. Said motion passed unanimously. 7.a. The City Manager reported that a petition for a Certificate of Public Convenience and Necessity was submitted to Council at its meeting on September 25th. A public hearing, in compliance with Sec- tion 26-7 of the City's Code of Ordinances, has been scheduled to be held at this time for the purpose of receiving objections, if any, to such additional license being issued. Following the public hearing, Council should determine if additional cab service, with the City, is needed and if the applicant, Giacomo Mazzeo d/b/a Metric Taxi is will- ing and able to provide same. Council should then take whatever action it considers to be appropriate. A public hearing was held in compliance with Section 26-7 of the City's Code of Ordinances. Mayor Weekes stated that all members of Council received a copy of a letter from Mr. Thomas F. Burrows of Metropolitan Trans- portation Company objecting to the granting of this Certificate of Convenience and Necessity on the basis that the equipment presently certified by the City is not being utilized due to the seasonal nature of the business. They are only running a part of the cabs and he does not believe that any more cabs are warranted in the City. This letter is dated October 4, 1978. Dolores Lopat, the former operations manager for Metropolitan Transportation, stated that she was with the company for 3 months on a trial basis due to the fact that he was putting the business up for sale. He was closing the doors as of June, 1978 if no one wanted to buy the business due to the fact that he could not run the business because of his other entities; he is a realtor. He has offered to sell the bUsiness to her. He has two automobiles, no air conditioning in one and no meter in the other. She gave him an offer based on that; he objected to the amount she offered. She feels another cab company in this town is warranted due to' the population growth that is coming up and also most of the companies in this town have not serviced the area in the manner that they should. They concentrate on airport calls and leave the poor local people astray. The public hearing was closed. The City Manager stated that he has two issues he would like to bring up; one has to do with whether or not the City is actually making all the inspections provided by ordinance with regard to taxi- cabs and the answer is no. The second thing has to do with the Yellow Cab Company. Every time a new application is made for one of these certificates, the question is raised with regard to the Yellow Cab Company and how they are operating. He has a report from the Build- ing Inspection Department regarding a telephone call they say was made to the cab company. They called the Yellow Cab Company today and a female operator answered and the party calling asked if Yellow Cab would pick up passengers in the City of Delray Beach and deliver them within the City of Delray Beach. She answered yes, we do it all the time and we have two cabs in the area at all times. Therefore, it is his understanding that this report that was made by Yellow Cab Company is not in compliance with their permit. That will be checked out administratively and if they are not in compliance with the permit then the proper action will be taken. Mr. Chapin moved that Council approve a Certificate of Pub- lic Convenience and Necessity for Mr. Mazzeo d/b/a Metric Taxi, for five taxicabs, seconded by Mr. Scheifley. Said motion passed unani- mously. - 6 - 10/9/78 7.b. The Mayor acknowledged the minutes of the Beautification Committee for the meeting held September 6, 1978 and noted that there is a request in there for consideration of additional trash containers at Atlantic Dunes Park. The City Manager stated that five containers have been put in the park and two have been put in the parking lot as a result of that request. In response to Mr. Sanson, Mr. Chapin stated that north of where the gence is at Atlantic Dunes Park is private property owned by the Seagate Hotel and Seagate Hotel, Inc.,has tried unsuccessfully to regulate the use of its property from trespassers. Just north of that is the south end of the public property and, by custom, people have been using that as a boat ramp. The City Manager stated that there is a project underway that he thinks will largely resolve that problem of promiscuous parking between the Seagate Club and Casuarina Road on the east side of the street. There is a joint effort underway, most of which is being paid by the Seagate Club and a small part by the City, which will result in the sidewalk being extended and rather extensive beautification being put in to prohibit parking in that area. Mrs. Matthews, of the Beautification Committee, stated that they have been trying to work on that for a long time. At one time they came up with the idea that the Seagate Club might donate that land to the City but the problem there is that the land is not owned; it is leased on a long term lease by the Seagate Club. Mr. Winters had the Parks and Recreation Department work out a very good arrangement with them whereby a curb and sidewalk are going to be put in and the City is participating in that cost. The City Horticulturalist has done a very good-looking landscape plan and most of the cost will be paid for by the Seagate Club. Permission has been granted from the DOT for that curb and pretty soon it will look a lot better. 7.c. The City Manager reported that a communication has been re- ceived from the Area Planning Board dated September 21st requesting A-95 Clearing House review and co~ents relative to Palm Beach County Board of County Commissioners/Community Action Council, Supervision/Admini- stration and General Community Programming FY 1978-79. The City Manager sent a letter to the APB dated September 28th stating that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disapproval. Mrs. Durante moved that Council concur with the City Manager's letter of September 28 to the Area Planning Board, seconded by Mr. Sanson. Said motion passed unanimously. 7.d. The City Manager reported that a communication has been received from the League of Women Voters of South Palm Beach County requesting permission to solicit funds from November 1st through November 10, 1978, approval of which is recommended by the Solicitations Committee. Mr. Scheifley moved that Council approve the request for the solicitation of funds by the League of Women Voters as recommended by the Solicitations Committee, seconded by Mr. Chapin. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 82-78 encour- aging business and light industry to locate in this area to supplement the City's economic base and provide year round employment has been prepared for Council consideration. This was discussed at the Sep- tember 18th workshop meeting. - 7 - 10/9/78 The City Manager presented Resolution No. 82-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENCOURAGING BUSINESS AND LIGHT INDUSTRY, COMPATIBLE WITH OUR ENVIRONMENT, AND PROVIDING YEAR ROUND JOB OPPORTUNITIES, TO LOCATE IN THE DELRAY BEACH AREA. (Copy of Resolution No. 82-78 is on file in the official ResOlution Book) Mrs. Durante moved for the approval of Resolution No. 82-78, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. $cheifley - Yes; Mayor Weekes - Yes. Said ~otion passed with a 5 to 0 vote. 8.b. The City Manager reported that it is recommended that Resolution No. 83-78 accepting the lift station and gravity sewer mains in Sudan Subdivision, located on Davis Road south of Dorson Way be approved as operational. The City Manager presented Resolution No. 83-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING THE LIFT STA- TION AND GRAVITY SEWER MAINS IN SUDAN SUBDIVI- SION, DELRAY BEACH, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE ' SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWER SYSTEM. (Copy of Resolution No. 83-78 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 83-'78, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes.; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Resolution No. 84-78 to close access to Rainberry Lake, located in Section 7-46-43 on the south side of Canal L-30, one-half mile west of Congress Avenue is before Council for consideration. The Engineering Department considered the request and have reported no reason to oppose it. The City Manager presented Resolution No. 84-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE APPLI- CATION OF LAKESBERRY DEVELOPERS, INC., FILED PURSUANT TO FLORIDA STATUTES 253.124 TO CLOSE ACCESS TO RAINBERRY LAKE A/K/A LAKE KILLARNEY FROM THE LAKE WORTH DRAINAGE DISTRICT CANAL. (Copy of Resolution No. 84-78 is on file in the official Resolution Book) Mr. Church, City Engineer, pointed out the location of the property on a map upon request from Council. He stated that the developer who owns this entire tract would like to close the lake as part of his development in order that he would have essentially a lake where he could control boating, and water skiing and it would provide a means of reduced noise. In order to do this the developer requires the approval of various governmental agencies. The Palm Beach County Health Department has approved this and has foumd no adverse impact as a result of closing it. The Engineering Department has reviewed it and recommend that the resolution be approved. - 8 - 10/9/78 In response to Mr. Sanson, the City Attorney stated that the lake is privately owned in the sense that the land around the lake is privately owned and the bottom of the lake is owned by the devel- oper. DER or the Department of Natural Resources will not consider the permit until they receive an approval from the City. Mr. Richard Siemens, the developer, stated that the lake has been private since the time it was built. It is not a natural lake. Initially, when that lake was built, there was no connection between the lake and the canal, but since then, somebody opened it. They intend to close the lake and keep it as a private lake. Even if it were not closed, it would still be owned by the Rainberry Lake Homeowners Association and be maintained by them. It is their intent to control the traffic on the lake because there is some boat traffic that takes place by people discharging their boats into the lake at Lake Ida and coming around and then water skiing in that lake. What happens eventually is that if they get enough traffic in there, they are going to get bank erosion caused by boats and so forth as to create a problem for the people who will some day be living there. Mr. Chapin moved for the passage of Resolution No. 84-78 subject to corrections as stated by the City. Attorney, seconded by Mr. ScheifIey. 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. 62-78 relative to rezoning and placing land presently zoned ~4-10 (Multiple Family Dwelling) District in SC (Specialized Commercial) District, located in Section 16-46-43 at the southeast corner of the intersection of S.E. 2nd Street and S.E. 1st Avenue is before Council for considera- tion on Second and FINAL Reading. This ordinance was passed on First Reading at the September llth 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. 62-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SC (SPECIALIZED COMMER- CIAL) DISTRICT, LOTS 3,4 AND 5, BLOCK 79, DELRAY BEACH, AS RECORDED IN PLAT BOOK 10, PAGE 1, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND IS IN SECTION 16-46-43, AND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF SoE. 2ND STREET AND S.Eo 1ST AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 62-78 is on file in the official Or'dinance 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. 62-78 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. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 63-78 relative to rezoning and placing land presently zoned RM-15 (Multiple Family Dwelling) District in R-1AA-B (Single Family Dwelling) District, located in Section 28-46-43 on the east side of Boone Drive between Evergreen Drive and Fern Drive is before Council for consideration on - 9 - 10/9/78 Second and FINAL Reading. This ordinance was passed on First Reading at the September llth 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. 63-78: 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 R-1AA-B (SINGLE FAMILY DWELLING) DISTRICT, THAT PART OF THE SUBDIVI- SION OF TROPIC BAY, AS RECORDED IN PLAT BOOK 29, PAGE 20, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE CEN- TER LINE OF BOONE DRIVE, SOUTH OF THE CENTER LINE OF EVERGREEN DRIVE AND NORTH OF CENTER LINE OF FE~ DRIVE, AS SHOWN 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". (Copy of Ordinance No. 63-78 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A pub- lic 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. 63-78 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr~ Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion pasSed with a 5 to 0 vote. Before roll call Mr. Chapin stated that with the disclosure that his law firm represents the Tropic Bay Condominium Association, he will vote yes. At this time the roll was called to the motion. 8.f. The City Manager reported that Ordinance No. 64-78 is be- fore Council for consideration on Second and FINAL Reading. This ordinance, if passed, will annex 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. This ordinance was passed on First Reading at the September llth 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. 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 SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 64-78 is on file in the official Ordinance Book) - 10 - 10/9/78 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 for the passage of Ordinance No. 64-78 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.g. The City Manager reported that Ordinance No. 69-78 repealing Chapter 8 "Boats, Docks and Waterways" and amending Chapter 15 "Health and Sanitation" of the Code of Ordinances relative to seawalls is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 25th 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. 69-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 8, ARTICLE II, "SEAWALLS", OF THE CODE OF ORDI- NANCES; AMENDING CHAPTER 15, ARTICLE I, "HEALTH AND SANITATION", OF THE CODE OF ORDI- NANCES BY ENACTING A NEW SECTION 15-4.1 RE- QUIRING CONSTRUCTION OR MAINTENANCE OF SEAWALLS IN CERTAIN SITUATIONS DECLARED TO CONSTITUTE A PUBLIC NUISANCE; AMENDING THE SECOND PARAGRAPH OF SECTION 15-6 AND SECTION 15-8(1) AND (2) TO ALLOW AN EXTENSION OF TIME FOR ABATEMENT OF NUISANCES IN THE CASE OF VIOLATION OF SECTION 15-4.1 PERTAIninG TO SEAWALLS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 69-78 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A pub- lic 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. 69-78 on Second and FINAL Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Chapin - 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 No. 70-78 is be- fore Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 13, Article II, Division 2 "Delray Beach Community Antenna Television Franchise Ordinance" of the Code of Ordinances to allow grantee to solicit for subscriptions for service. This ordinance was passed on First Reading at the September 25th 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. 70-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, ARTICLE II, DIVISION 2, "DELRAY BEACH COMMUNITY ANTENNA TELEVISION FRANCHISE ORDINANCE", OF THE CODE OF ORDINANCES BY ENACTING A NEW SECTION 13-29.1 TO ALLOW GRANTEE TO SOLICIT FOR SUB- SCRIPTIONS FOR SERVICE; REQUIRING COMPLIANCE WITH CERTAIN CONDITIONS; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. - 11- 10/9/78 (Copy of Ordinance No. 70-78 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Sanson noted that these people are already out soliciting and they came by his house about two weeks ago. Mr. Scheifley moved for the passage of Ordinance No. 70-78 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.i. The City Manager reported that Ordinance No. 71-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to common facilities is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 25th 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. 71-78: 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 ALL SEC- TIONS OF THE ZONING CODE WHICH REQUIRES THE APPROVAL OF THE CITY ATTORNEY'S OFFICE IN REGARD TO THE OWNERSHIP AND MAINTENANCE OF COMMON PROP- ERTIES SUCH AS RECREATIONAL AREA, UTILITIES AND STREETS IN MULTIPLE FAMILY AND PLANNED RESI- DENTIAL ZONING DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. '71-78 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 passage of Ordinance No. 71-78 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.~. The City Manager reported that Ordinance No. 72-78 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will rezone and place land zoned LI (Light Industrial) District in SAD (Special Activities) Dis. trict in Section 19-46-43 at the southeast corner of the intersection of Congress Avenue and Lowson Boulevard. This ordinance was passed on First Reading at the September 25th 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. 72-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D~LRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT IN THE SAD (SPECIAL ACTIVITIES) DIS- TRICT, BEING APPROXIMATELY 3.9 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF CONGRESS AVENUE AND LOWSON BOULEVARD IN SECTION - 12 - 10/-9/78 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 72-78 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. Henry Skokowski, representing Mr. Paulson, stated that during the First Reading, they were discussing the limitations of the time of use on the uses which they have identified that would be appropriate for this center. They have narrowed down their list to about 39 uses. In reviewing that last request they noticed that they had originally agreed to a 7:00 A.M. to 11:00 P.M. operation. One of the uses they have down is a food store operation which may be a non-franchise type convenience operation, a smaller food store. They would like Council to consider allowing the time of use for that particular facility being from 6:00 A.M. to 11:00 P.M. They are in agreement with the 7:00 A.M. to 11:00 P.M. on all the other uses. The reason for it is they think that there is a need for workers in the early morning hours to perhaps have the use of a food store at 6:00 in the morning. The public hearing was closed. Mr. Sanson left the Council Chambers, the time being 9:02 P.M. Upon question from Mr. Scheifley, The City Attorney stated that he thinks that they could legally have one use that would have a different hour of operation than the other uses and then it would be a matter of whether or not that use continues to operate in a manner which you think is appropriate and, if not, change the hours. Mr. Scheifley moved for the passage of Ordinance No. 72-78 on Second and FINAL Reading with the conditions as outlined by the City Attorney. Upon the advice of the'City Attorney, Mr. Scheifley re- worded his motion. Mr. Scheifley moved for the passage of Ordinance No. 72-78 on Second and FINAL Reading with one minor amendment and that is that of the 39 permitted uses, No. 16, food stores, be alloWed to open at 6:00 A.M. rather than 7:00 A.M. as all the others will and be open until 11:00 P.M. and also on the condition that after a reasonable period of time the hours of opening may be reviewed by Council for the purpose of possible change, seconded Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. Before roll call, Mr. Chapin stated that he voted for this ordinance on First Reading but he will vote against this ordinance on Second Reading because he thinks it is very unfortunate to take an analogy of spot zoning. When you have 39 uses, you put a burden upon those who have the obligation to enforce an ordinance to specially treat one of the 39 uses one way and all 38 uses another way. At this point the roll was called to the motion. Mr. Sanson returned to the Council Chambers, the time being 9:10 P.M. 8.k. The City Manager reported that Ordinance No. 73-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to frontages on curving streets and cul-de-sacs is before Council for consideration on First Reading. This was discussed at the September 18th workshop meeting. - 13 - 10/9/78 The City Manager presented Ordinance No. 73-78: 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 ALL RESIDENTIAL ZONING DISTRICTS TO ADD A SUBSECTION WHICH WOULD ALLOW THE FRONTAGES FOR LOTS LOCATED ON CURVING STREETS AND CUL-DE-SACS TO BE REDUCED BY 40% WHEN THE CENTER LINE RADIUS OF THE ADJACENT STREET IS 100 FEET OR LESS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption of Ordinance No. 73-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.1. The City Manager reported that Ordinance No. 74-78 relative to annexing a 12.5-acre parcel of land located in Section 7-46-43 at the southeast corner of the intersection of Lake Ida Road and Congress Avenue, subject to CC (Community Commercial) District is before Council for consideration on First Reading. This property is presently zoned in~e county as CN (Neighborhood Commercial). Council, at the Sep- tember 25th meeting, directed the City Attorney to prepare the ordi- nance. Second and FINAL Reading and public hearing will be held at the meeting on November 13th. The City Manager presented Ordinance No. 74-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH PARCELS OF LAND LOCATED IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PRO- VIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Chapin moved that Council adopt Ordinance No. 74-78 on First Reading annexing 12.5 acres of land at the southeast corner of the intersection of Lake Ida Road and Congress Avenue, 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. 9.a. The City Manager reported that the Planning & Zoning Board - at a meeting held on September 19th, recommended by unanimous vote that the site and development plan approval request for Pine Trail South located in Section 13-46-43 on the south side of the L-32 Canal, between Military Trail and Barwick Road be approved, subject to the following: 1) Comments of the City Engineer as stated in his August llth memorandum. 2) Comments of the Director of Public Utilities as stated in his August 14th memorandum. 3) Comments of the Lake Worth Drainage District as stated in their September 14th letter. 4) Comments of the Community Appearance Board. - 14 - 10/9/78 5) Availability of water. 6) A time limitation of 12 months be set for development of the project. This was discussed at the workshop meeting on October 2nd. Mayor Weekes turned the chair over the Vice-Mayor Chapin and left the Council Chambers for discussion of this item. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board subject to the comments in the preface to the agenda, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Vice-Mayor Chapin - Yes. Said motion passed with a 4 to 0 vote. Mayor Weekes returned to the Council Chambers at this time. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on September 21st, recommended by unanimous vote that the final plat approval request for Rainberry Lake, Phase I (Pines of Delray North, No. 1), located in Section 7-46-43 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 City Engineer as stated in his September 21st memorandum. 2) Comments of the Director of Public Utilities as stated in his September 14th memorandum. 3) Comments of the Lake Worth Drainage District as stated in their September 15th letter. 4) Availability of water. Upon question from Mr. Sanson, the City Attorney stated that this is a final plat approval within the confines of the site and development plan that has already been approved. The Planning & Zoning Board approved an overall site and development plan for the project which consists of single family and multiple family and this parti- cular plat is for the multiple family aspect of the project. It wonld have been more practical to have had the site and development plan and the plat processed at the same time. Mr. Scheifley moved that the final plat be approved for Rainberry Lake, Phase I, Pines of Delray, No. 1, located in Section 7-46-43 on the west side of Congress Avenue subject to the comments Nos. 1,2,3j and 4 as outlined in the agenda from the City Engineer, the Director of Public Utilities, the Lake Worth Drainage District and (g) the availability of water, Seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Glassman, the developer., in response to Mr. Sanson, stated that the preliminary plans were approved and with that they were able to begin foundation for the models. They have a foundation permit. The City Attorney stated that the important thing is, from the development aspect of it, that whoever owns the land will have to develop it in accordance with the plan that has been approved by the City. If Mr. Glassman should sell it to someone else, they would have to develop it in accordance with the plan approved by the City or get a new approval. At this point the roll was called to the motion. - 15 - 10/9/?s 10. The City Manager recommended that Council authorize payment o~ the City's bills. Mr. Chapin recommended that the matter of Council voting on the payment of the City's bills be brought to a workshop meeting. Mr. Scheifley moved that Council ratify payment of the City's bills, seconded by Mr. Sanson. Said motion passed unanimously. General Fund ............. $548,422.74 Utilities Tax Fund .......... 70,000.00 Federal Public Works Fund ...... 31,801.55 Water and Sewer Fund ......... 17,417.00 Mayor Weekes declared the meeting adjourned at 9:25 P.M. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of October 9, 1978 which minutes were formally approved and adopted by the City Council on ~zr~l~.~/ /~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. - 16 - 10/9/78