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02-28-77 133 A regular meeting of tl-~e C:[ty Co~ncJ.1 of tile City of Delray Beach, Florida, was held in the Cot:tncil Chambers at 7:05 P.M., Monday, February 28, 1977, wi'th [.!3:~?or Jamc~ ~[. Scheifley presiding, and City ~{anager J. ]~]_don M.~l~?Jott, Assistant City Attorney Clifford Shandy, and Council mc~!~]}ers J{'>i~ E. Gomery, Jr., David E. Randolph, Aaron I. Sanson, IV, and Le~on [~. Weekes, present. 1. The opening prayer was deii. vcred by Reverend Roy Forward, C~ristian Missionary & Alliance Church. 2. The Pledge of Allegiance tc t.]-]e Flag of the United States of America was given. 3. Mr. Sanson moved for th'e approval of the minutes of January 2'4', 1977, seconded by Mr. Weekes. The ~otion passed unanimously. City Manager Mario'tt referred to the n~inu'tes of J%nuary 24, 1977, Item 4.C., and stated that instead of reading, "will be brought up at the next Workshop," it should read, "will ?~e brought up at Workshop.." Mr. Sanson moved for the approval of the minutes of February 14, 1977, seconded by Mr. Geoquery. The motion passed unanimously. 4.a. Mr. Weekes inquired what the status of the settlement with Mr. George Clemens was that Council a?proved in February. Assistant City Attorney Shandy replied that he had nothing to report at present; he will ask City Attorney Saberson, and a report will be given at the next Workshop meeting on March '7, 11.977. 4.b. Mayor Scheifley read a Procl~r~ation proclaiming the day of March 9, 1977, as CRT DAY. (Organization for Rehabilitation through Training) 5.a. Mr. William Lee', 626 Eagle Drive, Tropic Palms, spoke concerning the fresh water canal in bac]-[ of his property. He stated that when the City was asked if they were responsible, the City said no. He stated the problem was that the owners of Lake Delray Apartments have dropped boulders on the south side of the bridge, blocking any access, The present owners have placed a barricade across the same area, and also a barricade across the north end of their property. This also causes debris drifting up thc canal~ Mr. Lee referred to a letter from City Attorney Saberson to the City Engineering Department, which stated that the City should not be involved in attempting to resolve the problem; the City does not now and never has, assumed any maintenance authority over the canal. The maintenance responsibility has, in all probability, been handled by the property owners living in'the Tropic Palms Subdivision. The letter further stated that the City Attorney recommended that the resolution of the problem be left to'the property owners in the area. Although the plat indicated that the canal is dedicated to public use, it may be that the reason for the barricade is to alleviate some other problem in the area other than simply to restrict access to and from the lake for fishing. ' Mr. Lee stated that a few months ago, he and several other neighbors wanted to put up a sea wall. They were under the assumption that this was part of Lake Worth Flood Drainage Control; they were advised this was not so, and that it was the City of Delray Beach's responsibility. He and his neighbors expended money, and the City said it is not their responsibility. .Other property owners have ruined the canal; Mr. Lee would like to see the barricades removed and the boulders removed. Mr. Lee said he and his neighbors paid extra to be on the canal, and the property is deflated for resale value. Mr. Lee was advised to telephone Assistant City Attorney Shandy on March 1, 1977, to try and resolve the problem. 6.a.1. City Manager Mariott stated 'that Mr. Ray~Liberti, Director o[ Palm Beach County Planning and Zoning, conducted a meeting recently with members of Council and the l'lanning and Zoning Board and *there was a compt,~.te d ~-~ ~ ' .... ~ . ~n ~c~~, ..... n]_~.~ between the City o~ De!ray and Mr Liber-t~i and his of zoning between khc Cik!. a ~d hh:~, County. llt was decided that Delray would prepare a map indic~{.i, ng ~!~.. ~;ituation in Delray with regard to Land Use and '- ' ~-1~3, Zon.~ and t~at we'd: ..... be transmitted to the County for joint conference. . ",£he mz~p '.s comp..~ .~x., and within the next few days, Mr. Kotulla will con-fac{: ~..]~ so the two departments may have further conversat:i.e}~. 6.a.2. City Manager H~r'ett stated that a request was made by Mr. Sanson at the last reg¥~lar Council meeting concerning the minutes of the Board of Adjustmc.?-~!~. Hr. Sanson had inquired why the Administra- tion had not seen that the ~oard of Adjustment distributed minutes in a more prompt manner. In {nquiring about this matter to Mr. Toth, and also the staff at "' ~ it was } ......... determined that there were no minutes, simply because met on December 9, ]_976, a~d at "-}'-u~:~ Board's meeting on January 27, 1977, the minutes of December ~, __';976, were approved. Those minutes were then distributed, and }.~r. Sanson received these on January 31, 1977. There were no other met kings. Mr. Sanson inquired as to whether distri- bution could be had before app.re%~a-lh of the minutes. City Manager Mariott stated that the Attorney's office should look into this because that is the only Board that i'P~ an auhenomous Board in that it is virtually a lower court; whether i.~N<se rains, res should be distributed prior to approval by the Board, is something the legal office should investigate. Mr. Sanson stated that if someone would challenge the decision of the Board, it is supposed to be done within 45 days. City Manager Mariott suggested that Mr. Sanson contact the City Attorney's office as to the advisability of this. 6.b. City Manager }~.~ariot'~_ s{-.ahed that the following bids were received to install raw ~'.~.%er mains between the Regional Water Treat- ment Facility and the new wells in the.vicinity of S.W. 10th Street and S.W. 12th Avenue. Bidder Quotation Barile Excavating & Pipeline Co. $319,218.35 Lake Park C.F.W. Construction Co. 324,685.00 Punta Gorda Intercounty Construction Corp. 355,081.50 Ft. ' Lauderdale '- 'K&L Contractors 393,286.25 Killarney Webb General Contracting, Inc. 394,459.95 Pompano Beach The City Manager recomsnended the award be made to the low bidder, Barile Excavating & Pipeline Company in the amount of - $319,218.35. This installation will be funded with money from the $5 million Water and Sewer Bond 'Issue. Mr. Gomery moved that the award to install the raw wat'er mains be'tween the Regional Water Treatment Facility and the new wells in the vicinity of S.W. 10th Street and S.W. 12th Avenue, be made to the low bidder, Barile Excavating & Pipeline Company, in the amount of $3'19,218.35, and that the funding will come from the $5 million Water and Sewer Bond Issue, seconded by Mr. Weekes, said motion passing unanimously. Mayor Scheifley.requested that the minutes reflect that the Mayor turned the gaw.:l over to the Vice-Mayor temporarily. 6.c. City Hanager Mariott stated that,' as was discussed at Work- ~hop on February 22, 1977, Council is to give consideration to the paymen't of legal expense incurred by the Tropic Isle Civic Association in connection with the Gateway Shopping Center litigation. 2/28/77 135 Mr. Sanson stated that the Mayor left the podium because he was the first President of 't]~e Ilomeowners Association ~for Tropic Isles, and is an honorary lifetime member of the Association, and the City Attorney's office advised he should not partake in the dis- cussion. Mr. weekes stated that, in view of the fact that certain information that was anticipated to be had is not available, the item be tabled to the next regular Council meeting, seconded by Mr. Gomery, said motion passing unanimously. The Mayor returned to the podium at this time. 6.d. City Manager Mariott stated that the Amateur Athletic Union (AAU) has selected Delray Beach to host the Youth National ~U Basket- ball Championship Tournament on June 30, 1977 to July 3, 1977, at the West Palm Beach Auditorium. Consideration should be given to authorizing approval of the West Palm Beach Auditorium lease agree- ment. A large spectator area is necessazy to accommodate this event; since Delray does not have an area this size, it will be held at the West Palm Beach Auditorium. A crowd of 5,000 to 6,000 people is expected; the Auditorium has a policy that for any group to use the facility, it is necessary that a lease agreement be executed. The Parks and Recrea- tion personnel of the City conferred with the City Attorney's office and was advised that this should be brought before Council for Council to authorize the Parks and Recreation Department to enter into the agreement, even though it is not expected to cost the City any money. The lease for the auditorium is at the rate of $750 per day. The City Attorney recommended that paragraph 32 be excluded from the lease agreement. The City Manager recommended that Council authorize the City to enter into the lease agreement for the use of the West Palm Beach Auditorium for the period and purpose stated, with the under- standing the City will attempt to get paragraph 32 removed from the lease agreement but with the authority to execute the agreement should the City be unsuccessful in. that. Mayor Scheifley que~tinn~d whether there would be any ~ircumstances under which the City would have to pay the $750 per day. Assistant City Attorney Shandy replied that if this were not a success- ful venture by not Selling the tickets anticipated, the City would have to make good on the deficiency. Also, there is an estimated cost for this tournament of about $35,000. The Recreation Department felt that the Obligation will'be met. Mr. Sanson stated that as he understood the matter, by signing the lease agreement, unless sufficient revenue is received from the tournament proceeds, the City would have to pay the difference. Mr. Weekes felt that the Parks and Recreation Department, and particularly Mr. Smith, are to be commended for sponsoring this event. The list of events sponsored in the past is impressive. The publicity and good will is tremendous to the City; therefore, he is in favor of the event. Mr. Sanson stated he had tw~ concerns: After reading in the sports section regarding the last tournament, it indicated that. the crowd turnout was disappointing. The crowd at Palm Beach Junior College was far from the anticipated turnout. Secondly, if the City did have to pay out funds, how could this be legal? City Manager Mariott replied that the test is whether or not the expense is for the benefit'of the City, and not whether the expense is for something that will occur in the City. If Council feels that this would be for the benefit of the City, it would then be legal. Assistant City Attorney Shandy stated the City has not been accessed in the past for these events. The Assistant City Attorney stated that the insurance carrier has issued certificates to cover the insurance and what is required. Mr. Gomery felt that with the attendance at the last even~, that the City is "sticking their necks out" with the taxpayer's money. Mr. Randolph stated he basically agreed with Mr. Weekes; he does not think the turnout at Palm Beach Junior College can be related to the event in West Palm Beach. .... ~ ~3E 2/28/77 136 Ih? felt a[~ l~ho~.]gh [:here will bc no commitment. Mr. Rand3.,ph moved that~-% · ti c Administration bc authorized to enter into the lcase agree~ent for the use of the West Palm Beach Auditorium during ~he period from June 30, 3_977 to July 3, 1977, ~seconded by Mr. Weekes. Assistant City Attorney Shandy suggested adding the wording to the motion "that the City Attorney's office be directed to make every effort to exclude paragraph 32, which appears in said agree-. ment," to which Mr. Randolph and Mr. Weekes agreed. Mr. Sanson asked if -the ohly thing the City was obligated to was the four times $750, and if the other tournament expenses are not met, is the City liable for them? Assistant City Attorney Shandy replied in the negative, and said the motion relates to the lease. The lease only provides for the rent as an obligation. As.far as the other activities in the tournament and the outlay of cash necessary, - that is not covered by the motion. Mayor Scheifley clarified the questions 'asked by Mr. Sanson, by asking if the limit of the City's liability was limited to $3,000. The Assistant City Attorney said it was not. Mr. Weekes said if the City was going to be liable,'Council should know something about it. Mr. Gottlinger, 1710 S. Ocean Blvd., Delray Beach, stated that he was in favor of the event if the City would be the beneficiary of the net profits. The City Manager replied that the City would not be the benefiCiary. Mr. Randolph withdrew his motion, and Mr. Weekes withdrew his second ....... Mr.. Gomery moved to table this item until further informa- tion is received, seconded by Mr. Sanson, said motion passing unanimously. This item will be put on the Agenda for the meeting of March 14, 1977. 6.e. City Manager Mariott recommended that Council authorize the execution of a City-County Maintenance Agreement fOr the traffic signal at Lake Ida Road and.Congress Avenue. The maintenance is estimated to cost the City approximately $800 to $1000 per year. The City will assume responsibility for the maintenance and. operation of the signal. A discussion was had whether or not the property on the four corners at this intersection is in the City limits or not. Mr. Weekes questioned who has been maintaining the light up to now, because the light has been there for several years. Mr. Sanson questioned if it is a new light th'at is being installed. The City Manager replied he did not know if it was or not. Due to the questions raised concerning this item, .Council asked that these questions be answered before official action is taken. Mr. Randolph moved to table this item for further informa- tion seconded by Mr.. Sanson, said motion passing unanimously. 6.f. City Manager Mariott recommended that Council authorize - the execution of a quit claim deed for the East 5 feet of Lot 6 and the West 5 feet of Lot 7, Block 1, Sherwood Park Subdivision from the City to J. Wallace and David D. Crawford in exChange for an execu- ted easement deed for the East 10 feet of the West 50 feet of Lot 7, Block 1, Sherwood Park Subdivision. This is for the purpose of relocating a 10 fool utility easement. Mr. Sanson moved for the execution of a quit claim deed and acceptance of an easement deed on the property as outlined in Item 6.f., seconded by Mr. Weekes, said motion passing unanimously. 6.g~ City Manager Mariott stated that Council is requested to consider authorizing submission of an offer to purchase property south of Miller Park as discussed at the last Workshop meeting. The C~ty Manager reported that this area is immediately south of Miller Park and is about nine acres. -4- 2/28/77 137 Mr. Sanson questioned Mr. Weekes as to where thc funds would com~ from. Mr. Weekes replied that the Administration related i.o }~im th~t~ the funds could be made available; at the last Workshop meeting, Mr. Weekes was authorized to approach the bank to discuss the possible purchase. Mr. Weekes spoke to Mr. William Sargeant, who is the real estate officer for the bank. Before proceeding any further, Mr. Weekes felt Council should agree to the content, of the l~h'her before then,. Mayor Scheifley stated that he and Mr. Weekes were talking to the President of the bank approximately six months ago, and tile land was appraised at that time for developmental purposes for $400,000. Pzesently, the purchase price is $135,000, which by all standards seems to be a reasonable price. Mr. Weekes clarified the point that the price is an offering price -- not a purchase price. Mr. Gomery questioned if the proper procedure was being used, inasmuch as the City has a new Land Use Plan which shows areas where parks will be needed. Also, if this should'go through the Planning and Zoning Board to see how it fits into the Land Use Plan and the possible development of the recreational facilities of the City first. Mr. Randolph replied that the City was attempting'to protect the green area surrounding the City; to get nine acres that the City could control would be a step in the right direction. Mr. Gott~inger questioned the legality of land acquisition without holding public hearings. Mr. Sanson asked the City Manager where the down paYment would come from of $40,000. The City Manager replied that it was determined the money could be raised if.the deal actually materialized and since he is not in possession of the papers, he cannot recall which source the money would be derived from. Mr. Sanson asked if this money would be given at the expense of any other projects previously dis- cussed. The City Manager answered that it would not. Mr. Sanson 'questioned the City Manager as to whether he would anticipate that the balance of the money would be secured by the City's Utility Tax. The City Manager replied he would not want to secure it by those means;' he wQuld only want to use the Utility Tax as security for the loan. The actual ~unds would come from other sources, and not from the Utility Tax. no Upon question by Mr. Sanson, Mr. Weekes said ~ realtor was involved in this deal. Mr. Weekes stated he would be reluctant to send the letter out until Such time as the questions that Mr. Gott- linger raised were answered. Mr. Weekes moved that Council authorize the letter, dated March 1, 1977, to be mailed to the bank making the offer, subject to the prior approval of the City Attorney as to the legal formalities involved, seconded by Mr. Randolph, said motion passing unanimously. 7.a. Mayor Scheifley acknowledged the minutes of the Beautification Committee for its February 2, 1977 meeting. Mayor Scheifley read from the minutes of the Beautification. Committee, the three items as follows: Atlantic Dunes Park - "It was brought out that Atlantic Dunes Park should be presented to City Council for their action. Research showed that this recommendation appeared in the minutes of the October 8, 1976 meeting, but was not specifically brought to the attention of Council -- Council action requested." It was determined that Council has taken action on this. "Virginia Outcalt thought.the City owned property just west of the public bath house which plans should be included in the overall plans. ~rs. Outcalt made a motion to have the additional property that is owned by the City incorporated in Ron's Landscaping plan .and made to be part of the original plan, seconded by Mary Bordeman. All voted yes -- Council action requested." This was discussed.at Workshop and it was' decided to consider it; a cost estimate was prepared in the amount'of $3,000. This will be presented again for discussion at the next Workshop meeting of March 7, 1977. "Mary Bordeman made a motion to heartily endorse the plans presented by Ron Oprzadek with a recommendation that some form of 'traffic control be installed for pedestrians crossing A1A from the parking area to Atlantic Dunes Park, seconded by N~ncy Ad0ms. Ail voted yes, with one member abstaining. Council action requested." The City Manager replied that the County is giving study to this i[cm. Many times the Beautification Committee will note "Council Action Requested," and it is something that Administration should act on to avoid delaying items for a month or more. Mr. Gomery stated that he expected the discussion of the priority for the projects to be in the Beautification minutes. For the benefit of the public, it was asked that the $]_50,000, which is obviously now going to be spread over three areas rather than two, be used first to develop the beach,' secondly, to develop the south parking lot, and third, to develop the north parking in that order; not develop all three in a cheap manner. Mr. Quentin Boerner stated he was under the impression there were sufficient funds for all three projects. - Mr. Sanson noted he had obtained a letter from the County Attorney's office about a month ago, which stated in no way would there be a problem with funds. 7.b. The City Manager stated that a request has been received from Reverend Rollis Taylor for a permit to erect a 20' x 40' tent on property located at the corner of N.W. llth Avenue and Atlantic Avenue for the purpose of conducting a religious revival during the period from March 21, 1977 through April 3, 1977. This revival has the approval of the Ministerial Association. In addition, Reverend Taylor has smbmitted a letter from Beverlyann Barton, owner of the property on which the tent is to be erected, giving her permission, as well as a certificate stating that' the tent has been flame retardant treated. Mr. Randolph questioned Reverend Taylor as to the location of property owned by Beverlyann Barton. Reverend Taylor replied that the property was on the east side of N.W. llth Avenue. Mr. Randolph stated that it would have to be a different location; east of N.W. llth Avenue, lots 5 and 6, are owned by Mrs. Bassey. Mayor Scheifley stated that according to Reverend Taylor's description of the location, a revival is being held by Reverend Phillip now, and this property is owned by the Hagwood's, not Beverlyann Barton. Mr. Randolph was con- cerned that the property may be across the street, which abuts residen- tial~property. This site, it was determined, is on the N.E. corner of Atlantic and llth Avenue. Mr. Randolph moved for the apProval for the use of the N.E. corner of N.W. llth Avenue and Atlantic Avenue for the purpose of conducting a religious, revival during the period of March 21, 1977, through April 3, 1977, seconded by Mr. Weekes, said motion passing unanimously. 8.a. City Manager Mariott stated the following bids have been received to furnish labor, equipment, and material to ~epair and correct infiltration into Sanitary Sewer System No. 83 (Delray Shores): Bidder Quotation The Pipeline Inspectors. '. Clean, Televise ~ ! Deerfield Beach repair, $1.10 ft. 6300 ft. x $1.10= $6,930. Pressure test and reseal, $2.00 ft. as require~ not to exceed 2,500 ft. 2.500 ft. x $2.00=$5,000. TOTAL $11,930.00 Fitzgerald Engineering Co., mnc. Clean and inspect, $.30 ft. Repair pipe joints, $20.00 ea. Pressure test all pipe joints, $3.00 each. TOTAL cost, every 5~ joint, $10,670.00 139 The C:i.!:~ i~anag,:~ ~:plaincd that the low bidder, as far as total d~l. lar amo~[. :is c<~<:~:'~ed, is actually the most expensive bid because thc bidd[~U was ~i,~-~::~ on a dj fferent basis than The Pipeline Inspectors. Th<:~ b,=st 1~.{~.i is -the first bid ($11,930.00) for two reasons. Their bid anticJ]i,?t.~]s s,~v:i, cing every sewer joint, whereas the Fitzgerald EngineerJ.ng Com[o~:y pro?~::,~ to do only every 5th joint. Secondly, the price quoted by The l~iDc-!'i.~ Inspectors is $2.00 per foot, whereas the I~.cz~ora_~.<:i :i~ ~3 00 per foot. The Fitzgerald Engineering quotation by ~'~ .... ~' . Company would be m~.~ch mo'~ expensive. The C~Ly Manager recommended that the award be made to The Pipeline Inspectors Jn the amount of $11,930.00 by passage of Resolution No. 15-77. This is the lower quotation in relation to the amount of work to be performed. Sufficient funds for this repair are provided in the curren~ b~dget. The City Manager presented Resolution No. 15-77: A RESOLUTION DF THE CITY COUNCIL OF THE CITY OF DELRAY BEACi~, FLO}~!OA, AWARDING A CONTRACT TO FURNISH LABOR, EQUIP~ENT, AHD MATERIAL TO REPAIR AND CORRECT INFILTRATION INTO SANITAI~Y SEWER SYSTEM NO. 83, LOCATED IN THE DELRAY SHORES AREA ~i~ ACCORDANCE WITH THE QUOTATION PROPOSALS.. (Copy of Reso!u~ion No. 15-77 is on file in the official Resolution Book.) Mr. Sanson qucz[~ioned City Manager Mariott on what' the status of Delray Shores was. City Manager Mariott replied that the City bought the Delray Shores Water and Sewer Utility several years ago, and added bo'~h of -khem to the City's water and sewer systems. There is a 25% surcharge for being outside the City. The surcharge applies to sewer as we!3. as water. Mr. Weekes mo~ed for the passage of Resolution No. 15-77, seconded by Mr. r~~.~. ....... =~..~. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - · Yes; Mayor ScheJfley - Yes. The motion passed with a 5 to 0 vote. 8.b. City Manager Mariott stated that Resolution No. 16-77 sets forth the need for, and describes the City's proposed beach renourish- ment program as discussed at several Workshop meetings'during the last few years or so. The City Mauager presented Resolution No. 16-77: A RESOLUTION OF THE CITY cOuNcIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE BUREAU OF BEACHES AND SHORES, DEPARTMENT OF NATURAL RESOURCES SETTING FORTH THE PUBLIC NEED, THE DESCRIPTION OF THE PROJECT PROPOSED AND THE LEGAL DESCRIPTION OF THE AREA FOR MAINTENANCE NOURISHMENT PROJECT FOR SU~4ER OF 1977. (Copy of Resolution No. 16~77 is on file in 'the official Resolution Book.) Mr. Gomery questioned'Mr. Strock as to the correct location. Mr. Strock replied that it is the north end of the public beach', which would be the north end of the revetment. Mr. Sanson questioned Mr. Strock as to how far south this goes. Mr. Strock replied two sections are planned; northern most 'section would terminate just south of Casuarina; the second element would begin just north of Banyan House, and terminate just north of the Delray Beach Club. Mr. Sanson moved for the passage of Resolution No. 16-77, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. RandoLph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. -7- 2/28/77 8.c. City Manager Mariott stated I~esoluti(~n NO. 17-'77, is ~elative to abandoning a north-south alley which abuts I.ots 1-24, in Block 1].2, De].ray Ueights located on the nox"th side of.! S.E. 4th Street between S.E. 5th Avenue and S.E. 6th Avenue. The Planning and Z©ning Board, at a meeting, he].d on February. 15, 1977, recommended by un~nJ.~nous vote that the subject alley be abandoned, provided a full. 16-foot utility easement is retained throughout the length of the al'iey, and · that the existing facilities not be disturbed. The City Manager presented Resolution No. 17-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH- SOUTH ALLEY WHICH ABUTS LO'±'S 1-24, BLOCK 112, DELRAY HEIGIITS, LOCATED ON THE NORTH SIDE OF S.E. 4TH STREET, BETWEEN S.E. 5TH AVENUE AND S.E. 6TI{ AVENUE, SAID ABANDONMENT BEING SUBJECT TO TH~ RETENTION OF A FULL 16 FOOT UTILITY EASEMENT. (Copy of Resolution No. 17-77 is on file in the official Resolution Book.) Mr. Randolph moved for the passage of Resolution No..17-77, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to'0'vote. 8.d. City Manager Mariott stated Ordinance No 9-77, amending Chapter 29 "Zoning" of the Code of Ordinances is relative to creating a new zoning district to be known as LC (Limited Commercial).~ This ordinance was passed on First Reading at the February 14-, 1977'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. 9-77: ' 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 TO CREATE A NEW ZONING DISTRICT TO BE KNOWN AS LIMITED COMMERCIAL (LC) AND PRESCRIBING THE USES PERMITTED THEREIN; AMENDING SECTION 29-2 (c) "ESTABLISt~ENT OF ZONING DISTRICTS" TO INCLUDE THE NEW LC DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 9-77 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. A ~ublic.~aring wa~ 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. _ Mr. Ken Jacobson spoke and questioned Mr. Frank Carey about the location of the Limited Commercial District. Mr. Carey replied that it was the General Commercial area east of the waterway on Atlantic Avenue. Mr. Jacobson then inquired whether this puts any of' the businesses in that area in a non-conforming use. Mr. Carey answered that it did not. The Public Hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 9-77 on Second aid Final Reading, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. -8- 2/28/77 8.e. City Manager Mariott stated Ordinance No. 10-7'7, wilL1 amend Chapter 29 "Zoning" of th~ Code of Ordinances relative to parking requirements for shopping centers. This ordinance was passed on First Reading at the February 14, 1977 meeting. Prior to considera- tion 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 presen'ted Ordinance No. 10-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-10 (I) BEING THE PARKING AND LOADING SECTION OF THE CC (COMMUNITY COMMERCIAL) DISTRICT PROVIDING THAT THE NUMBER OF PARKING SPACES FOR SHOPPING CENTERS SHALL BE 5.5 PER 1000 SQUARE FEET OF GROSS LEASABLE FLOOR AREA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 10-77 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. Mr. Gottlinger asked what the new requirement was; the Mayor answered that it was 5.5 per 1,000 feet. The old requirement varied with these. The City Manager stated the reason why this ordinance is in the process of being passed, is to standardize the requirement. The Public Hearing was closed. Mr. Sanson questioned an item in the way the change is worded. Where it states, "the number of parking spaces required for shopping centers shall be 5.5," does that mean that. more could be put in if so desired? The City Manager stated "yes," and this is the minimum. Mr. Sanson asked if it was desirable to have more than 5.5. 'He suggested wording the change so that 5.5 would be a minimum and a maximum. Mr. Randolph asked if he was to assume that the 5.5 per 1,000 square feet is for the yet to be built area in the CC zone. Mr. Carey replied that it applies to Phase III of the Delray Mall. Mr. Gomery moved for the passage of Ordinance No. 10-77, on Second and Final Reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randotph - Yes; ~r. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 9.a. City Manager Mariott reported that the Planning and Zoning Board at a meeting held on February 15, 1977, recommended by unanimous . vote that the City Council send a resolution to the County requestihg the Board of County Commissioners to pass a resolution allowing the City to hold a public hearing to rezone Lots 60 and 61, Delray Beach Shores, Section 21-46-43, west side of A1A between Lewis'Cove and Brooks Lane from RM (Residential Multiple Family) (County Zoning) to RM-6 (Multiple Family Dwelling) (City zoning.) Mr. Randolph moved that the City Attorney be directed to · prepare a resolution to send the County requesting the Board of County Commissiohers to pass a resolution allowing the City to hold a public hearing to rezone Lots 60 and 61, Delray Beach Shores, as located in Section 21-46-43, west side of A1A between Lewis Cove and Brooks Lane from RM (Residential Multiple Family) (County zoning) to RM-6 (Multiple Family'Dwelling) (City zoning), seconded by Mr. Gomery, said motion passing unanimously. -9- 2/28/77 .........'!.~.!,~. CJ Ly Nanag~.:.~ rlarioi~!. ~:'<:~ort~d that the Planning and Zoning No~,..rd at a meeting h©Id on i.~.;;~;,~.ry 15, 1977, reco~m'~]ended by unanimous vo[:c 'that an ~.m]endmcnt' o e,~e t.~'~,,tc "23A-9, (6) of the Subdivision Regulation, relative ho waivi~U the sidewalk requirements on one or Hayor Scheifley qu~:-~.'~Lio:ned Assistant City Attorney Shandy, and read "']!he Planning and Zo~'~J.p.g Board may waive the sidewalk require- merits on one or both s-ides ol: .",'~l otr¢.~:t,_, .,~ " ' ~'-.q etc." Mayor Scheifley asked if thaL should not read, "The Planning and Zoning Board may recommend thc waiving eL- t:he s'L,!cwalk requirements, as the decision would be wi'th Council. The Ass:i. stant City Attorney replied that it would. Mr. Gomery moved thai-: the City Attorney be directed to prepare an ordinance effectin..-'.,~ the amendment to Section 23A-9 (6) _ of the Subdivision Regu~.atzon, to read as per the suggested amendment provided, seconded bi' ~:r. Weekes, said motion passing unanimously. 9.c. City Manager HariotL reported that the Planning and Zoning ~oard, at a meeting held on Feh. ruary 15, 1977, recommended by unanimous vote that Section 29-17 (J) (2) of the Zoning Ordinance relative to District Boundary Line regulations foL- industrial property be amended and that Section 29-17 (J) (3) be repealed because it is in conflict with the proposed District Boundary Lines regulations for industrial property. It is suggested t]-,.a~ Council direct the City Attorney to prepare an ordinance effecting the amendment or refer to a future Work- shop meeting. Mr. Weekes moved that Item 9.~. be referred to Workshop, seconded by Mr. Randolph, said :notion passing unanimously.. 9.d. City Manager Hariott reported that 'the Planning and Zoning .hoard, at a meeting held on February 15, 1977, recommended by unanimous vote that a parcel of land located in Section' 9-46-43, north of N.E. 8th Street between N.E. 7th Avenue and U.S. No. 1 be rezoned from RM-15 (Multiple Family Dwelling) District to GC (Ger. eral Commercial) District becat, se the proposed Land Use Plan designates this area as commercial and the existing uses in this area are predominately commercial. The City Manager stated that. it is reconmtended that Council pass a motion requesting the City Clerk to notify the property owners in the area in accordance with the Home Rule Act. Mr. Sanson requested that City Manager Mariott locate whatever City department that would be proper to provide him with a report on what is taking place on the lot located at the end of N.E. 7th Avenue. There were surveyors on the lot; they said some construction is proceeding. One of the property owners contacted him requesting to know what was going on, Mr. Sanson added. Mr. Weekes moved that the City Clerk be directed to notify the property owners in the area in accordance with the provisions for }rezoning contained in the Home Rule Act, seconded by Mr. Gomery, said motion passing unanimously. 9.e. City Manager Mariott reported that the Planning and Zoning Board recommended that property in Section 4-46-43, located south of · Gulfstream Boulevard between U.S. No. 1 and Dixie Highway, be annexed. An application has been received from Lawrence Shankman to annex a parcel of land subject to the GC (General Commercial) District. The Planning and Zoning Board at a meeting held on February 15, 19.77, recommended by unanimous vote that the property be annexed, subject to the GC (General Commercial) District, because the proposed Land Use Plan designates this area as commercial. Mr. Sanson asked City Manager Mariott if this would be an immediate annexation. City Manager Mariott replied that the ordinance can ]~ drafted. Mr. Sanson moved that the ~ity Attorney be requested to prepare an ordinance effecting 'the annexation of the lot under Item 9.e., seconded by Mr. Comery, said motion passing unanimously. -10.- 2/28/77 143 9.f. City Manager Mariott reported that the P]al~ning aI]d Zoning Board at a meeting held on February 15, 1977, recomm¢~nded ]Dy unanimous vote that the following Land Use Plan Elements be adopted: (1) Updated Master Land Use Plan; (2) Recreation Plan; (3) Housing Plan; (4) Controls and Regulations, which includes the Subdivision Regulations and the Codes Enforcement. The City Manager recommended that Council either sustain the recommendation of the Planning and Zoning Board or refer to a future Workshop meeting. Mr. Gomery moved that Item 9.f. be referred to a future Workshop, seconded by Mr. Randolph, said motion passing unanimously. 10. The City Manager recommended that Council authorize payment of the City's bills. Mr..Randolph moved that Council authorize payment of the City's bills, seconded by Mr. Weekes, said motion passing unanimously. General Fund .............. $518,644.06 Water & Sewer Fund ........... 387,700.00 Cigarette Tax Fund ........... 14,040.00 Utility Tax Fund ............ 13,500..00 Refundable Deposits Fund ........ 7,000.00 Special Projects Fund .......... 2,853.00 Improvement Trust Fund ......... 34,521.67 Federal Revenue Sharing Fund ...... 70,000.00 Lowson Blvd. W&S Project Fund ...... 100,000.00 Mr. Gomery moved for the adjournment of the meeting, seconded by Mr. Randolph, said motion passing unanimously. The meeting was adjourned at 8:50 P.M. City Clerk APPROVED: ~, M.A Y'O R  -11- 2/28/77 1,t4 ~,~