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07-11-77 323 JULY 11, 1977 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P. M., Monday, July 11, 1977 with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV, and Leon M. Weekes, present. 1. The Lord's Prayer was repeated in unison. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Randolph moved for the approval of the regular minutes of June 27, 1977 and special minutes of June 24, 1977, seconded by Mr. Chapin. The motion passed unanimously. Before roll call Mr. Sanson noted that in the minutes of June 27, under 9.d., the last paragraph, it stated he "complimented Col. Haft", it should read Mr. Curlan. Mayor Scheifley noted that in the minutes of the meeting of June 24, 1977, last page, the phrase "play bargaining" should be plea bargaining. 4.a. Mr. Sanson stated that he has ~hree main concerns about the budget and if Council would like to pursue any of the suggestions in the form of a motion he would do so, or if Council would like to have a discussion on them in the future that is fine. He stated that the pro- perty appraiser's office has increased the millage substantially through- out the County and he thinks it is very important for the local taxing authorities to be cognizant of that fact and pass on the tax savings to the citizens through the reduction of individual millage, Through investigation he has found out that the City of Delray Beach has had a 13 percent increase in this year in the assessments. (1) Mr. Sanson stated he would like to think that Council would be presented a budget reflecting a decrease in the amount of millage from last year because of this. (Mr. Sanson noted that Ocean Ridge has cut back on its budget; -the City of Lantana has instructed their budget to be prepared subject to the same amount of money being received as the year previous; the School Board attempted to instruct their budget to be presented that way, but has not been agreed to yet.) (2) Mr. Sanson stated that he also feels strongly that he would like to be presented a budget without any salary increases as part of it and if there is going to be a recommen- dation from the City Administration for an increase in salaries, Council would be allowed to make that choice and add it, rather than be told and have to face decreasing it. (3) Mr. Sanson stated he has stressed several times before the aspect of being presented Revenue Sharing Funds as a separate entity and one in which is brought to the attention of Council with the expenditure of Revenue Sharing Funds being done for capital expenditures and not operational expenditures. If the City Manager feels that there is a need to spend that money on operational expenses, that choice could be made separately. Mr. Weekes stated that the budget making process is purely an Administrative matter; the City Manager is abundantly aware how Council feels about the possibility of reducing the millage he has been made abundantly aware of how Council feels about using Federal Revenue Sharing Funds for operating expenses. Mr. Weekes stated these items should come to Council for approval after it has been prepared by the Administration; it is wishful thinking to believe that, when the City has been using several hundred thousand dollars of Federal Revenue Sharing Funds for operating expenses, in the last couple of years, they can take those funds out of there and use them only for capital expenditures and still re- duce millage even though there has been a nominal increase in the ad valorem tax base with the City of Delray Beach. Mr. Sanson stated it could be offset if Council is presented a budget perhaps, without salary increases included and then Council would be allowed the advantage of considering a budget to add funds rather than having to take them away. 324 Mr. Chapin stated he thinks the subject is premature; he concurs that if there is a 13 percent increase in the assessment, hope- fully there will be some reduction or hold the line on millage to off- set the increase of final tax burden and if you're going to take out Revenue Sharing Funds, you are going to have to increase the millage; there is ample time to get into this, it is premature to get into the finalities and intricacies of the budget. Mr. Randolph stated he shares Mr. Weekes views on this subject. He stated he would not want to see this Council do anything that would shed or cloud at any point, particularly at the beginning of budget discussions, on salary increases; there is enough problems with unionism now and this would give them a little more to battle the City of Delray Beach with. Mayor Scheifley stated because there is some degree of unanimity further discussion is eliminated on this matter. 5. There was no public request from the floor. ..6.a.1. The City Manager stated that there are three ordinances the City needs to pass having to do with the updating of. the Mechanical Code, Plumbing Code, and the Building Code. The ordinances for the Building Code and Mechanical Code are listed on the agenda. The deadline is near for passing the ordinances before certain regulations go into effect as far as the State is concerned. These ordinances are for First Reading consideration. The City Manager presented Ordinance No. 52-77: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 21-1 AND 21-2 OF CHAPTER 21 "PLUMBING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ADOPTING THE 1975 EDITION (SECOND PRINTING) OF THE STANDARD PLUMBING CODE, READOPTING AMENDMENTS THEREOF; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A S~!ING CLAUSE; PROVIDING A PENALTY CLAUSE. The City Manager read the caption of the ordinance. Mr. Weekes moved that Council adopt Ordinance No. 52-77 on First Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. 6.a.2. The City Manager reported that Ordinance No. 17-77, the diStrict boundary line ordinance, is before Council for passage consi- deration on First Reading. The City Manager presented Ordinance No. 17-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 29-17 (J) (1) (2) AND (3) AND REPLACING SAID SUBSECTIONS WITH THOSE CONTAINED HEREIN RELATING TO SPECIAL SETBACK REGULATIONS WHEN INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY EITHER " ~. DIRECTLY ABUTS RESIDENTIALLY ZONED PRO- '' PERTY OR WHERE INDUSTRIALLY OR COMMERCIALLY . · '.-~. ZONED PROPERTY IS NEAR BuT SEPARATED FROM RESIDENTIALLY ZONED PROPERTY; FURTHER - 2 - 7/11/77 325 PROVIDING FOR METHODS OF SCREENING THE INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY FROM THE RESIDENTIALLY ZONED PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Attorney stated there is one change in this ordi- nance on page 4, under paragraph 2, an exception was put in the ordinance for the installation of Australian Pines which could have been installed at a lower height than the other landscaping; however, in consultation with the City Horticulturist, she suggested that they be installed at the same height as the other landscaping; therefore, the exception should be deleted. Mayor Scheifley asked if this was considered by the Planning & Zoning Board. Mr. Carey, Chairman of the Planning & Zoning Board, stated he does not recall ever having acted on this. Mr. Tore Wallin, member of the Planning & Zoning Board, stated the Planning & Zoning Board has not considered this ordinance. The City Attorney stated this was sent to the special commit- tee appointed for the purpose of reviewing this particular ordinance specifically. That committee has been met with subsequent to Council authorization to prepare the ordinance and the committee members were also furnished copies of the final draft of the ordinance approximately a month ago in case they had any comments pertaining to the ordinance as drafted. Mr. Wallin stated that this ordinance came to the committee but it has never been returned to the Planning & Zoning Board for its final approval and thinks it should. Mr. Chapin moved that Council refer proposed Ordinance No. 17-77 to the Planning & Zoning Board for its comments and recommendations, seconded by Mr. Weekes. Upon roll call Council voted as follows': Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. 6.a.3. The City Manager reported that Ordinance No. 53-77, relative to annexation of the property on application by Mr. Richard Siemens, is before Council for passage consideration on First Reading. The City Attorney was authorized by Council to draft the ordinance at the June 27th meeting. The City Manager presented Ordinance No. 53-77: 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 7, 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. Weekes moved for the passage of Ordinance No. 53-77 on First Reading., seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had. Mr. Sanson stated that so many things lately, relative to Mr. Siemens seems to be getting special attention and he. wonders why this could not have been put on the regular agenda. The City Attorney stated that his office was authorized at the last meeting to prepare the ordinance and it was left off by an oversight and subsequently brought up this way, which is the same as with the district boundary line ordinance. Mr. Sanson stated this project is going to have one of the largest effects on the City of Delray that any project has ever had and it seems the public of Delray should be fully aware, ahead of time, when- ever any consideration is being given to it; if any member of the public wished to comment on it they would have the opportunity to. The City Attorney stated that the ordinance is not published on First Reading; it is published on Second Reading and, it is at this time the public hearing is held. 6.b. The City Manager reported that as discussed at the July 5th workshop meeting, Council is to consider changing the name of Rhodes Villa Avenue to Rhodes Villa Lane. The Planning & Zoning Board, at a meeting held on June 21st, recommended by unanimous vote that the street name change be approved. The City is in receipt of a petition signed by a number of citizens asking that the City change the avenue from Rhodes Villa Avenue to Rhodes Villa Lane. The City Attorney stated that the sign could not be posted until after the Subdivision ordinance is amended. Mr. Chapin moved that Council Change the name of the street in Delray Beach Shores from Rhodes Villa Avenue to Rhodes Villa Lane, seconded by Mr. Weekes. Said motion passed unanimously. 6.c. The City Manager reported that it was informally decided at the July 5th workshop meeting that the. City would become a member of Sister Cities International which entails payment of annual dues in the amount of $150 and is before Council for formal consideration. Mr. Randolph moved that the City of Delray Beach initiate action to become a member of the Sister City Program, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 1 vote. 6.d. The City Manager reported that Mr. Charles Koehler, President of Koehler Enterprises, has requested a license to operate a junkyard at 1865 S. W. 2nd Street for the purpose of recycling scrap and the resale of salvageable parts. It is recommended that Council authorize the issuance of a permit for operation of the automobile junkyard as requested, conditional upon the applicant complying with all ordinance requirements including the installation of a fence enclosing the premises. This was discussed at the July.5th workshop. Mr. Weekes moved that Council authorize the 'issuance of a permit for operation of the automobile junkyard at 1865 S. W. 2nd Street for the purpose of recycling scrap and the resale of salvageable parts, _ seconded by Mr. Randolph. Said motion paSsed unanimously. 6.e. The City Manager reported that Council informally agreed at t-~workshop meeting on July 5th to the reappointment of Philip S. Campbell as a member of the PERC Commission to a term ending July 7, 1981 and is now before Council for formal approval. Mr. Chapin moved for the reappointmeot of Philip S. Campbell for a four year term ending July 7, 1981, seconded by Mr. Randolph. Said motion passed unanimously. 6.f. The City Manager reported that Council informally agreed at the July 5th workshop meeting to the reappointment of Clifford Durden as a member of the Delray Beach Housing Authority to a term ending July 14, 1981. He noted that Mr. Durden has agreed to accept reappointment and it is before Council for formal consideration. - 4 - 7/11/77 327 Mayor Scheifley stated that he hereby appoints Clifford Durden to the Housing Authority for the term as outlined by the City Manager and asked if Council would accept his appointment. Mr. Weekes moved that Council ratify the Mayor's appoint- ment of Mr. Durden to the Housing Authority for a term ending July 14, 1981, seconded by Mr. Chapin. Said motion passed unanimously. 6.~. The City Manager reported that it is recommended that Counoil authorize the acceptance of an easement deed from J. W. Nowlin to the City for the south 10 feet of the north 25 feet of Lots 1 and 4 of Southern Pines Subdivision for the purpose of installing and maintaining an under- ground snaitary sewer from South Swinton Avenue to Lot 5 (S. W. 10th Street). Mr. Weekes moved that Council accept the easement deed from Mr. Nowlin as outlined in the preface to the agenda, seconded by Mr. Sanson. Said motion passed unanimously. 6.h. The City Manager reported that it is recommended that Council authorize the execution of an agreement for the providing of water and sewer service to Lots 1 through 8, Block 6, located on S. E. 9th Street between 5th and 6th Avenues and other properties in this vicinity. The proposal is that'the City pay two-thirds and the applicant one-third of the installation cost, which is estimated to be $36,352, with funding to come from budgeted funds. The installation of water and sewer service to serve this same property was approved by Council approximately a year or so ago, however, it was never installed. The price is higher now and the longer Council waits the higher the price will be. Mr. Chapin asked the City Manager.why the City is paying two-thirds of the cost and does the City recoup this investment when other users avail themselves of the service. The City Manager stated the City will recoup additional portions of the cost as other people make connections in the future. The reason for the applicant paying one-third and the City two-thirds, is that the facilities will serve quite a lot of property in addition to the appllcan~'s property. The Mayor asked if the applicant will recoup any of his money if their two-thirds' use exceeds two-thirds of.the use. The City Manager stated the applicant will not recover any of his money. Mr. Chapin questioned how the City recoups its cost from other users other than the proposed restaurant. The City Manager advised that, as other people make connections, there is a flat fee for sewers unless there is something unusual about it and for water it is variable and is worked out on an individual basis. Mr. Sanson asked the City Manager what were the unforeseen delays and the reason the construction was not commenced when they were told it was going to be. The City Manager~stated that the City entered into an agreement with the applicant to install water and sewer service and the applicant did not go forward with the project at that time and now a different part is going to develop it. It was noted that this is another restaurant chain altogether; Long John Silver was the former developer and now it is Arby's. Mr. Weekes moved that Council authorize execution of water and sewer service agreement to serve the property in the vicinity of S. E. 9th Street between S. E. 5th and 6th Avenues, seconded by Mr. Randolph. Said motion passed unanimously. 7.a. The City Manager reported the City is in receipt of an application from Acme Petroleum , Ltd., for City water service to serve property on West Atlantic Avenue west of Barwick Road located outside the City. The applicant having executed the City's standard agreement for the providing of water service outside the City conditioned upon the - 5 - 7/11/77 applicant's property being annexed into the City when such is eligible for annexation, approval of the applicant's request for water service is recommended. Mr. Weekes asked for the location of this property to see if it is subject to annexation at this time. Mr..Carey stated that the property is not contiguous; it is west of Barwick Road on the north side of Atlantic Avenue west of the corner. Mayor Scheifley asked Mr. Carey when this is annexed to the City according to the Land Use Plan, would it be a non-conforming use; Mr. Carey answered "yes". Mayor Scheifley then stated that the question is whether or not the City should furnish water and sewer to a non- conforming use which is not in the City. Mr. Chapin stated the law is clear that the City has to fur- nish sewers, and, it is his understanding, that the City does not have to furnish water service. He stated that in the' case of the United Farm Workers vs the City of Delray the courts did not decide that issue but it was admitted by the City that uder the Regional Sewer Treatment Plant the City is obligated, having accepted the designation as the operating agency, to serve all the-area out to 441. There is no law and no statu- tory authority requiring the City to service water outside the City. The City Attorney noted that the problem with water service outside the City limits is once the decision is made to go outside the City limits, you have to have some ligitimate policy reason for not extending it to a particular applicant. The fact that you would deny the extension, based upon disagreement with the applicable zoning laws of the County in that area, would not be a justifiable reason. Mr. Chapin stated he agrees that the City cannot discriminate in providing water service; the City is under a clear obligation to serve the residents of the City of Delray Beach and listening to the testimony that was presented to them by Mr.'Martin, the City is now operating at absolute capacity. It may be that Council should reconsider the advisability of automatically granting water service to those out- side the municipal limits until such time they are sure of the capacity. Mayor Scheifley stated that technically the City can't deny water service but he questions the advisability of extending this service to any non-conforming use. Mr. Sanson commented that the problem is, that at this time, the City has already agreed to extend service to all the shopping centers out Atlantic Avenue and Military and there is no way to annex them if the City does not start picking up a few more pockets. It is very im- portant to the revenue of the City of Delray Beach to get out to Military and Atlantic anyway they can. Mr. Chapin advised he is not suggesting that Council deny this applicant, but suggesting that in processing these in the future, Council has to clearly consider the water factor. Based upon the present,~ unqualified testimony that has been presented to Council, the City is operating at an absolute maximum capacity with a water shortage. When this policy was initially enacted, it was based upon the fact that the City wanted to provide water to non-residents only, if there was sufficie~ water. The City has stuck to this policy because there has been suffi- cient water and made only a few exceptions in a 14 year period. Mr. Chapin stated that he thinks time is crucial and Council should consider that water question when these various annexations come up. He is voting on this one but suggesting that this be an element for consideration in the future. Mr. Sanson state~ he was glad to see Mr. Chapin's concern and asked if he is prepared to join him in a motion to not allow the taps to be turned on to the City of Gulfstream which is going to be taking 400,000 gallons of water a day from Delray if'th~'i~ity is in such a critical position. This is to be done in the near future. - 6 - 7/11/77 Mr. Randolph stated just recently when the water plant expansion discussion came up, all of a sudden the water is critical. It has not been critical in the last six to nine months to a year and before Council rushes into anything blindfolded or fool-heartedly, the Consulting Engineers should come into a workshop and Council should find out where the City stands water-level-wise. Mr. Weekes moved that Council authorize water and sewer service to the location on West Atlantic Avenue west of Barwick Road for Acme Petroleum Ltd., seconded by Mr. Randolph. Said motion passed unanimously. Before roll call the following discussion was had. Mr. John I. Gotlinger, 1710 South Ocean Boulevard, Delray Beach, noted that on July 12th, at 4:00 P. M., the City Council is going to be discussing water at considerable length and this subject should be deferred until after that. He stated it appears to him that some of the ligitigation that this City has incurred has been because of ~this kind of action. 8.a. The City Manager reported that Resolution No. 36-77 provides for assessment of cost incurred by the City in abating a previously deter- mined nuisance against certain property, the owner of which failed to abate such nuisance within the allotted time from date of original nuisance violation notice. The property affected has previousl~ been reported to Council by the City Manager in survey report of March 14, 1977. Council may request any further desired information in lieu of which, and in compliance with Section 15 of the City's Code of Ordinances; adoption of Resolution No. 36-77 is recommended. The City Manager presented Resolution No. 36-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUI- SANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 36-77 is on file in the official Resolution Book.) Mr. Chapin moved for the adoption of Resolution No. 36-77, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor ScheifleY - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported that Resolution No. 37-77, sponsoring a Public Works project for application by the City to the Economic Develop- ment Administration for 100% grant under the local Public Works Capital Development and Investment Program for Sanitary Sewerage Improvements - Round II, is before Council for passage consideration. This Resolution would ratify the decision previously made by Council in regards to sanitary sewer improvements. The City Manager presented Resolution No. 37-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SPONSORING A PUBLIC WORKS PROJECT FOR APPLICATION BY THE CITY OF DELRAY BEACH, FLORIDA, TO THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR 100 PERCENT (100%) GR3~NT UNDER LOCAL PUBLIC WORKS CAPITAL DEVELOPMENT AND IN- VESTMENT PROGRAM. (Copy of Resolution No. 37-77 is on file in the official Resolution Book.) - 7 - 7111177 330 Mr. Randolph moved for the passage of Resolution No. 37-77, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Sanson made the following comments: He would like the minutes to reflect that on this Resolution and Resolution No. 38-77, he would support the applications being submitted but objects to the firm of Russell and Axon handling the administrative. work. 8.c. The City Manager reported that Resolution No. 38-77, sponsoring a Public Works project for application by the City to the Economic Development Administration for 100% grant under the local Public Works Capital Development and Investment program for Water Main, Barwick Road, is before Council for passage consideration. The City Manager'presented Resolution No. 38-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SPONSORING A PUBLIC WORKS PROJECT FOR APPLICATION BY THE CITY OF DELRAY BEACH, FLORIDA, TO THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR 100 PERCENT (100%) GRANT UNDER THE LOCAL PUBLIC WORKS CAPITAL DEVELOPMENT AND INVESTMENT PROGRAM. (Copy of Resolution No. 38-77 is on file in the official Resolution Book.) Mr. Chapin moved for the adoption 'of Resolution No. 38-77, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Resolution No. 39-77, request- ing the Board of County Commissioners to provide funds for construction of a swimming pool on the campus of Atlantic High School is before Council for passage consideration. This was requested by Dr. Carl Carter. The City Manager presented Resolution No. 39-77: A PROPOSED RESOLUTION FOR THE CITY OF DELRAY BEACH REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE FUNDS FOR CONSTRUCTION OF A SWIMMING POOL ON THE CAMPUS OF ATLANTIC HIGH SCHOOL. (Copy of Resolution No. 39-77 is on file in the official Resolution BooK.) Mr. Sanson moved for the passage of Resolution No. 39-77, seconded by Mr. Weekes. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor ScheifleY - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Randolph asked if this pool is directly related or tied in any way to the pool that has been discussed before for Atlantic High School. · \ Mayor Scheifley stated that he believes this is in lieu of the Aquacrest and has their support and this Resolution was prepared by Dr. Carl Carter who is President of the Aquacrest. This was confirmed by the City Manager. 8.e. The City Manager reported that Ordinance No. 34-77, amending ~hapter 29 "Zoning" of the Code of Ordinances relative to removing cer- tain uses from the "Conditional Use" category and adding other uses under the "Permitted Use" category in the MI (Medium Industrial) District, is - 8 - 7/11/77 before Council for passage consideration on First Reading. This ordi- nance was tabled at the May 23rd meeting and referred back to the Planning & Zoning Board for further study. Recommendations from the Planning & Zoning Board have been incorporated in Ordinance No. 34-77. The City Manager presented Ordinance No. 34-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DLERAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-15 MI (MEDIUM INDUSTRIAL) DISTRICT (B) PER- MITTED USES BY ADDING CERTAIN USES; AMENDING SECTION 29-15(C) CONDITIONAL USES BY DELETING CERTAIN USES; AMENDING SECTION 29-15(C) CONDITIONAL USES BY ADDING RESEARCH AND DEVELOPMENT FACI- LITIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Weekes moved for the adoption of Ordinance No. 34-77 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 35-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to removing cer- tain uses from the "Conditional Use" category and adding other uses under the "Permitted Use" category in the LI (Light Industrial) District is before Council for passage consideration on First Reading. This ordinance was tabled at the May 23rd meeting and referred back to the Planning & Zoning Board for further study. Recommendations from the Planning & Zoning Board have been incorporated in Ordinance No. 35-77. The City Manager presented Ordinance No. 35-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 29-14 LI (LIGHT INDUS- TRIAL) DISTRICT (B) PERMITTED USES BY · ADDING CERTAIN USES; AMENDING SECTION 29-14 (C) CONDITIONAL USES BY DELETING CERTAIN USES; AMENDING SECTION 29-14 (C) CONDITIONAL USES BY ADDING RESEARCH AND DEVELOPMENT FACILITIES; 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. 35-77 on First Reading, seconded by Mr. Weekes. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had. Mr. Sanson stated he still very firmly feels that there are certain areas in the town of Delray Beach where there is light industrial zoning across the street from single family and multiple family residences where the per- mitted uses of automobile paint, body and .repair shops and ceramic manu- facturing would be entirely inappropriate due to the noise, odor, appearance and aesthetic degradation of their uses on the residential uses across the street; therefore, he opposes this ordinance on these grounds. - 9 - 7/11/77 332 Mayor Scheifley asked the City Manager would these defi- ciencies, as alleged by Mr. Sanson be prohibited by the Building Code and the construction, such as being in the open and having one side of the building open. The City Attorney stated that they have been through this with the body shop on Federal Highway - that they could have the doors opened, etc. Mayor Scheifley stated then Mr. Sanson's fears may be justified; the City Attorney advised, in the event there are single' family adjacent to LI, yes. Mr. Sanson noted it is his contention that for those two categories, if they were left in conditional use, he would see no ob- jection to the LI zoning on Congress Avenue north of Atlantic Avenue. Down south of 10th street, along that entire area where there is techni- cally going to be a rest home, you are saying that across the street ~ there can be these kinds of uses. Mr. Weekes stated he sees Mr. Sanson's point but it does not seem to be congruous to permit auto repair and body shops in the SC .zone as a permitted use, and not to permit it in the LI zone as a per- mitted use. The real point he raises is whether or not the property that he referred to should be LI in the first place. Mr. Carey noted that when the district boundary ordinance is passed for industrial, there will have to be a 30 foot setback with nothing in front of the building; in other words, there will only be an access road in, no parking, and it will have to be landscaped. The preface to the LI ordinance explains it all; the intent is there and, if there isn't enforcement of the ordinance, then you have a problem. In addition under special regulations it states "all operations shall be conducted wholly within a completely enclosed building except for off-street loading and automobile parking". They' have since accepted the historical fact that when they say "completely enclosed building" they are really referring to within a structure but not necessarily forcing them to close the doors. Mr. Carey stated he feels there is enough safeguard in the ordinance, if it is enforced. Mr. Chapin commented that, when this first came up, he shared Mr. Sanson's concern .looking at the strip of single family next to LI and Germantown pocket; this was the reason the ordinance was sent back to the Planning & ZonJ.ng Board to see if there were adequate pro- tections. If the Planning & Zoning Board is fully convinced that there are adequate protections in terms of distance, screening and buffering, he does not think it makes too much difference as opposed to whether these uses be permitted or conditional use; therefore, he would support this ordinance. 8.9. The City Manager reported that Ordinance No. 37-77, relative to rezoning and placing land presently zoned GC (General Commercial) District in LC (Limited Commercial) District, located in. Section 16-46-43 on the north and south side of East Atlantic Avenue between the Intra- coastal Waterway and the ocean is before Council for passage considera- tion on First Reading and a public hearing. The holding of this public ~ hearing is made necessary by Section 166.041, Florida Statutes. Council is to consider passage of this ordinance on Second and FINAL Reading on August 22nd. Council, at its regular meeting on May 23rd, requested the City Clerk to give proper notice to property owners in the vicinity of the north and south sides of East Atlantic Avenue between the Intra- coastal Water Way and the ocean in accordance with the Home Rule Act that will eventually lead to rezoning. The City Manager presented Ordinance'No. 37-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN LC (LIMITED COMMERCIAL) DISTRICT, SAID LAND BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND LOCATED ON - 10 - 7/11/77 333 THE NORTH AND SOUTH SIDE OF EAST ATLANTIC AVENUE, BETWEEN THE INTRACOASTAL WATER WAY AND THE 'OCEAN, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1976". 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. Mayor Scheifley stated he received a letter from Mr. Mike Botos to the City Council concerning their objection on behalf of their client to this zoning (copy attached to the minutes). Mayor Scheifley stated that in a discussion with Mr. Neil MacMillan, who was responsible for sending out the correspondence, they are not so much concerned, at this point with the zoning as they are that the ordinance is defec- tive, because the sentence they quote was not from the ordinance but from the notice that went to the public - he said there is a serious error and it is defective because the notice was wrong where it says "placing land presently zoned RM-15"; it should be presently zoned General Commercial. Mr. MacMillan stated to the Mayor during their discussion that there is a strong legal basis for contesting this ordinance that is illegal. Mrs. Arnau, the City Clerk, stated there was a mistake in the ordinance that went out but the notice was correct and the ordinance has been corrected. The City Attorney stated the notice and ordinance are correct; it was the original draft of the ordinance that Mr. MacMillan picked up that statement from; therefore the City is okay legally. Mayor Scheifley stated a petition has been received from Mr. Tayor Soper signed by over one hundred people relative to the zoning of Lots 1, 2 and 3, Block C, John B. Reid's Village. Mayor Scheifley asked if Council wants to change what they did in the Land Use Plan in zoning these three lots commercial; it is his understanding that Council has the perrogative of changing them back to RM-15 in line with the wishes of the people in the area in this petition. The City Attorney asked the Mayor if he means amending the Land Use Plan that was adopted; he answered "yes". He stated that the City Council can't consider the adoption of the amendment to the Land Use Plan tonight because there is a fifteen day publication requirement. The Land Use Plan will reflect the ultimate zoning of the property so that, if Council later amends the Land Use Plan, the property will be rezoned back to the RM-15 classification. Taylor Soper, President of Mira Mar Garden Apartments, Inc., 60-80 Venetian'Drive, Delray Beach, reiterated the contents of Mr. Botos' letter to the City Council. Paul Walton Ledridge, practicing realtor of Delray Beach, brought before Council the same presentation he presented at the June 27th Council meeting that the two blocks in the south beach area that run to Mira Mar is not primarily residential in nature. Mr. Gotlinger stated real estate ownership is represented by a bundle of rights and the minute any governmental body takes any of those rights away, he has the weaker and lower class of property; what Council is proposing is to take away one bf his bundles of rights. He stated when Council proposes to take General Commercial and make it Limited Commercial, they are taking away rights from citizens. He stated he speaks, with a limited proprietory interest for the Seacrest and Arvilla properties. Martin Reddington, 642 Ibis Drive, Delray Beach, stated he is a member of the Tropic Palms Homeowners Association and objected to certain members of the audience taking more than the five minutes allowed. - ll - 7/11/77 334 He feels that if Council is going to live up to the five minute limit they should do it and, if they are going to let people take more than five minutes, he hopes Council would allow the Tropic Palm Homeowners to take more time, Robert Fellows, Attorney representing Mr. Hemb, stated he would like to bring to Council's attention the official record of this transaction - to the effect that there was a Planning & Zoning public workshop April 19th, the Land Use Map was adopted permitting the new classification LC to be applied to this particular property, the ordi- nance itself states that the Planning & Zoning Board recommends this and the City Administration concurs with it. He stated he has found nothing in any official records to take anything away from these' offi- cial actions and urged Council to pass it. .. Mayor Scheifley mentioned that when this problem first came up Mr. Jacobson got up at one meeting and asked the question - "is there any business over there now which would become a non-conforming use" and the answer was no, that every business that exists east of the'intra- coastal was a business in Limited Commercial District. The public hearing was closed. Mr. Chapin moved for the adoption of Ordinance No. 37-77 with one minor amendment that Block C, John B. Reid's Village recorded in Plat Book 21, page 95, the Public Official Records of Palm Beach County, 3 vacant lots known as 1, 2, and 3, which face on Venetian to the west and Mira Mar to the south be excluded. (He offers this amend- ment for Council's consideration because he thinks it would be very confusing to include these three lots, if indeed there is to be an amendment to the Land Use Plan respective of these three lots. .It would be a mistake to rezone there three lots and then amend the Land Use Plan at a later date, confusing and conflicting and subject to some un- due confusion), seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Before.roll call the following discussion was had. Mayor $cheifley asked the City Attorney if Council disposes of Mr. Chapin's motion, could they immediately make a motion to instruct him to amend the Land Use Plan to retain the three lots as RM-15. The City Attorney stated "yes" Council could request that the City Attorney amend the Land Use Map and then bring it back before Council. 'Mayor Scheifley said as he understands it, if this motion passes, the lots will remain as RM-15 for the present and, when the Administration and City Attorney prepare for the public hearing, if the Council votes to keep them RM-15, then the Land Use Map will be changed to show them as RM-15. This statement was corrected to reflect that these lots will remain General Commercial but Council would start the ~. procedure to make them RM-15. Mr. Sanson stated the process of amending the Land Use Plan is going to take some three months; the City Attorney advised there is a 15 day notice for publication requirement. Mr. Sanson added then it is not a substantial thing because he would prefer to have those lots zoned as LC instead of GC in the interim period, if there was going to be a question that there would be a change. ~ Mayor Scheifley questioned, in view of the fact that there is a rumor that there is a fast food chain service going in there, can the action taken tonight hold up any permits until this matter is disposed of. The City Attorney stated that the ordinance is not being passed tonight to be put into effect, it will be passed in 30 days. Mayor Scheifley asked can Council do anything tonight to stop a fast - 12 - 7/11/77 335 food chain going in there if they were to come in tomorrow for a permit; the City Attorney answered that assuming that a fast food chain is per- mitted in that zoning district, nothing. Mr. Ledridge stated he could assure Council that if he has anything to do with it, it won't happen because he has no knowledge of it and he is supposed to. Mr. Sanson stated it is going to be commercial of some typ~, one way or the other until the Land Use Plan is amended, and it seems to be more advantageous to have a Limited Commercial just in case there is any problem. Mr. Chapin commented that zoning'first came into being re- cognized as a valid use in the case of Ambler Realtor vs the City of Euclid in 1929, recognizing the concept that local government had a right to control under the public safety, health, welfare of its resi- dents, the orderly growth of. its community and in doing that you have to have expertise built in to guide this Council for orderly develop- ment growth of this community. The consultants that have advised Council have recommended that the public safety, orderly growth, public development of this community be best served by having these potential lots RM-15. Based upon that expertise and based upon their advice, he thinks Council should follow it. Zoning is based upon an expertise given to Council by the Planning & Zoning Board in conjunction with the consultants. To zone it to Light Commercial for a 30 day period and then change from that to RM-15 for the foreseeable future is a mistake and less likely to be upheld in the courts based upon the body of law that has developed in this country since 1929. Mr. Chapin moved that Council instruct the City Attorney and the City Clerk to make the proper advertisements to amend the Land Use Plan relative to Lots 1, 2 and 3, Block C, John B. Reid's Village, as recorded in Plat Book 21, page 95 of the Public Records of Palm Beach County, that those three vacant lots facing, on Venetian to the west and Mira Mar to the south, that the present zoning of GC be changed on the Land Use Plan to residential, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote, Before roll call the following discussion was had. Mr. Sanson stated that in the previous consideration of the land, he had one main objection to this entire thing; it seems this whole question came out of the blue and all of a sudden it is a major issue of concern. It is correctly pointed out by Mr. Ledridge that the original, professional, planning recommendation stated that this area would remain the same boundaries as was designated. It was only because of the lette~ Council received from the gentleman at the Bermuda Inn aSking that a re-evaluation be made by the Planning & Zoning Board to find out what could be done to help that gentleman; they in turn reviewed the entire area and came up with many recommendations that went beyond that. Mr. Sanson stated he is willing to reconsider the previous vote that he gave on this matter due to one principle reason which was that during the whole discussion nobody brought out the point that RM-15 does allow, on a conditional basis, certain professional office buildings and commercial uses. Relative to that he has no objections to going over to RM-15. By letting it be RM-15, Council is potentially allowing a 7-story building, allowing quite a few residences that could possibly ao on that DroDertv and ~ ~raffic flow would be generated from that also. Mayor Scheifley commented that a couple of years ago someone referred to the 22 business condominium going up on that two to three acres east of the bridge and two years ago it was a unanimous opinion of the Council to make that a public park, but the public turned it down and didn't vote for it. 8.h. The City Manager reported that Ordinance No. 47-77, relative to parking, was discussed at the July 5th workshop meeting and is before Council for passage consideration on First Reading. - 13 - 7/11/77 336 The City Manager presented Ordinance No. 47-77: AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE STOPPING, STANDING AND PARKING OF VEHICLES ON STREETS, ALLEYS, SIDEWALKS, DRIVEWAYS, PARKING AREAS AND EVERY OTHER WAY, WITHIN OR WITHOUT THE CORPORATE LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA, THE USE OF ' WHICH THE CITY OF DELRAY BEACH HAS JURISDICTION AND AUTHORITY TO REGULATE; CREATING AND DEFINING PARKING AND PAS- SENGER, CURB AND FREIGHT LOADING ZONES; PRESCRIBING PARKING TIME LIMITS; DE- FINING AND PROVIDING FOR FIRE LANES; - PROVIDING FOR THE DIRECT RESPONSIBILITY OF AN ILLEGALLY PARKED VEHICLE TO BE ON THE OWNER THEREOF; DEFINING OFFENSES, PROCEDURES AND PRESCRIBING CIVIL PENAL- TIES; DECLARING A VIOLATION TO BE A PUBLIC NUISANCE AND TRESPASS AND A NON-CRIMINAL INFRACTION AND PROVIDING THAT INVALIDITY OF PART SHALL NOT AFFECT 'THE VALIDITY OF THE REMAINDER. The City Manager read the caption of the ordinance. The City Attorney stated there are a few very minor changes to the ordinance which were given to Council. Mr. Sanson moved for the adoption.of Ordinance No. 47-77 on First Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. RandolPh - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. 8.i. The City Manager reported that Ordinance No. 48-77, amending C-~ter 29 "Zoning" of the Code of Ordinances relative to adding package liquor stores as a Permitted Use in the LC (Limited Commercial) District is before Council for passage consideration on First Reading. Council, at its June 27th meeting, instructed the City Attorney to prepare an ordinaDce effecting the amendment. The City Manager presented Ordinance No. 48-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE'OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-13.1 LC (LIMITED COMMERCIAL) DISTRICT (B) (14) PERMITTED USES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. ~ The City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 48-77 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. \ Before roll call Council had the following discussion. Mr. Chapin asked why this is before Council for consideration. Mr. Sanson answered %hat the standard phraseology that is used in all the other zoning categories relative to places where alcoholic beverages are served, reads this way. For some reason it was eliminated when the LC designation was brought up, although no real specific reason was ever given and when he talked with Mr. Kotulla he felt that it was because there was no specific discussion relative to it being deleted - it's - 14 - 7/11/77 337 just an oversight. The basis as to why it should be recOnsidered is because one of the business owners in the LC district has the intentions of opening up a package liquor store. Mr. Sanson stated he has no objections to this and it is more appropriate than cocktail lounges and bars. Donald Severn, 220 MacFarland Drive, Delray Beach, questioned with the advent of a package store, does that necessarily mean that automotically a lounge would be immediately petitioned; it was answered no. The City Manager stated that cocktail lounges and bars are already permitted uses in these zones and this merely adds package liquor stores as an additional permitted use. 8.j. The City Manager reported that Ordinance No. 49-77, which provides for the legal defense and indemnification by the City on be- half of the Mayor, Council Members, Board Members and all employees when involved in litigation arising out of their association or employ- ment with the City is before Council for passage consideration on 'First Reading. This was discussed at the July 5th workshop meeting. The City Manager presented Ordinance No. 49-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE LEGAL DEFENSE AND INDEMNIFICA- TION OF THE CITY OFFICIALS AND EMPLOYEES OF THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved that Council adopt Ordinance No. 49-77 on First Reading, seconded by Mr. Weekes. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had. Mr. Sanson asked the City Attorney or Mr. Chapin, from a legal standpoint, if they were confident that Section 3, which gives the "a thru d" exclusions as to the City's liability of payment, are legally sufficient. The City Attorney stated that the criteria in "a thru d" is the accepted legal criteria for making a determination of whether or not the City would indemnify an employee under this kind of ordinance. There will be differences of opinions applying to the application of those criteria to specification but this is the accepted, legal criteria. Mr. Chapin stated he feels certain that the words within the course of employment or in the course of performance of public duties of the person so acting, adequately assures protection. 8.k. The City Manager reported that Ordinance No. 50-77, amending Sections 9-1 and'9-1.2 of Chapter 9 of the Building Code by adopting the 1976 Edition of the Standard Building Code is before Council for passage consideration on First Reading. The City Manager presented Ordinance.~No. 50-77: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 9-1 AND 9-1.2 OF CHAPTER 9 "BUILDING CODE" OF THE CODE' . OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ADOPTING THE 1976 EDITION OF THE STAND- ARD BUILDING CODE, READOPTING, REPEALING, PARTIALLY READOPTING, AND PARTIALLY RE- PEALING AMENDMENTS THEREOF; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES ~ - 15 - 7/11/77 OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. The City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 50-77 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor . Scheifley - Yes. Said motion passed with a 4 to 0 vote. (Mr. Randolph left the room temporarily prior to consideration of this ordinance.)' 8.1. The City Manager reported that Ordinance No. 51-77, amending section 9-2 of Chapter 9 of the Building code by adopting the 1976 Edition of the Standard Mechanical Code is before Council for passage consideration on First Reading. The City Manager presented Ordinance No. 51-77: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 9-2 OF CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH BY -ADOPTING THE 1976 EDITION OF THE STANDARD MECHANICAL CODE, EXCEPT FOR SECTION 106.3 SCHEDULE OF PERMIT FEES; ESTABLISHING FEES; PROVIDING AN EFFECTIVE DATE; REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. The City Manager read the caPtion~of the ordinance. Mr. Weekes m6ved for the passage of Ordinance No. 51-77 on First Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - 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 June 21st, recommended by unanimous vote that the site and development plan for Spanish Wells in Section 25-46-42, on the south side of Linton Boulevard between Military Trail and Dover Road be approved subject to approval-of the City Attorney's office as to documentation pertaining to common areas and the following: (1) Compliance with the City Engineer's comments as stated in his May 6th memorandum, (2) Compliance with the requirements of the Community Appearance Board as stated in their May 12th letter, (3) A time limitation of 18 months be set for development of the project. This was discussed at the July 5th workshop meeting. Mr. Randolph moved that Council approve the site plan for Spanish Wells with compliance of the comments noted, seconded by Mr. Weekes. Said motion passed unanimously. Before roll call the following discussion was had. Mr. Sanson presented some before and after pictures of this piece of land and asked if they feel what was done to the~native vegetation and the landscape of this piece of land, was proper and whether or not some restitution should be made to see that someting is done to put back God'.s gift to this town. He stated what was done in terms of coming to Council saying they wanted a Golf Driving Range was a misrepresentation. The Community Appearance Board has said ".the Board members agreed the concept was good, but would like to see more land- scaping; we also would like to know what the plans are for the existing vegetation". Mr. Sanson noted this is still very vague and, if nothing - 16 - 7/11/77 339 else, that in approving this site plan Council should specify more clearly, perhaps table this, and ask the City Holticulturist to give more definite direction. Council should insist that restitution be made in some form as to the landscaping that is placed in this project. Mr. Carey stated that the question of ownership of the land may be the same owner, but the applicant for the Golf Range is an entirely different person from the applicant for Spanish Wells and had nothing to do with the golf range at all. Michel Picard, 1801 South Flager Drive, West Palm Beach, advised he bought this land from Mr. Walker and had no connection with the project when they wanted to make a driving range out of it. The City Attorney advised Mr. Sanson that once the site plan is approved, providing they meet all the other City ordinances, they would be entitled to get their permits. Mr.~ Chapin stated that in view of the fact that the Community Appearance Board will review this prior to the issuance of a building .permit to determine if it is in compliance with the Building and the Landscaping Codes that would be the proper time to address any land- scaping questions. Richard Meyers, President of SPanish Wells and contractor, stated they fully intend to comply with the Community Appearance Board and it is their intention to bring back a landscaping plan to them. 9.b. The City Manager reported that the Planning & Zoning Board, at a meeting held on June 21st, recommended by unanimous vote that the site and development plan for Delray Oaks in Section 30-46-43, located at the northwest corner of the intersection of Congress Avenue and ~he C-15 Canal be approved subject to approval.of the City Attorney's office as to documentation pertaining to common areas and the following: (1) Compliance with the City Engineer's comments as stated in his May 18th memorandum, (2) Compliance with the requirements of the Community Appearance Board as stated in their June 10th letter, (3) A time limitation of 18 months be set for development of the project. This was discussed at the workshop meeting on July 5th. Mr. Weekes moved that Council approve the site plan for Delray Oaks, subject to the provisions contained in the preface of the agenda, seconded by Mr. Randolph. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board, at a meeting held on June 21st, recommended by unanimous vote that the site and development plan for Pines of Delray West in Section 19-46-43 located at the northwest corner of the intersection of Homewood Boule- vard and Linton Boulevard to allow 288 dwelling units on 35.36 acres be approved subject to approval of the City Attorney's office as to docu- mentation pertaining to common areas and to the following: (.1) Compliance with the requirements of the Community Appearance Board as stated in their June 10th letter, (2) Submission of a bond or actual improvements completed for Homewood Boulevard, prior to the issuance of building permits, (3) Compliance with the requirements of the Lake~Worth Drainage District as stated in their June 20th letter, (4) A time limitation of 18 months be set for development of the project. This was discussed at the workshop meeting on July 5th. Mr. Sanson moved for the site and development plan approval for Pines of Delray West subject to compliance to all the conditions as outlined in the agenda, seconded by Mr. Randolph. Said motion passed - 17 - 7/11/77 340 unanimously. 9.d. The City Manager reported that the Planning & Zoning Board, ~t a meeting held on June 28th, recommended by unanimous vote that the site plan modification consisting of (1) adding a wing on the north side of the building; (2) adding some additional parking; and (3) the addi- tion of another curb cut at the Lakeview Baptist Church, located on the east side of Swinton Avenue between N. W. 22nd Street and Mission Hill Road, be approved as a minor modification. This was discussed at the July 5th workshop. Mr. Randolph moved Council approve the minor modifications to the Lakeview Baptist Church, seconded by Mr. Chapin. Said motion passed unanimously. 9.e. The City Manager reported that the Planning & Zoning Board, ~' at a meeting held on June 21st, recommended by unanimous vote that the site and development plan for Patrician Villas in Section 19-46-43 at the southwest corner of the intersection of Lowson Boulevard and Home- wood Boulevard be approved subject to approval of the City Attorney's · office as to documentation pertaining to common areas and to the following: (1) Compliance with the City Engineer's comments as stated in his June 1st memorandum, (.2) Submission of a bond, or actual improvements completed for Homewood Boulevard, prior to the issuance of building permits, (3) A time limitation of 18 months be set for development of the project. This was discussed at the workshop meeting on July 5th. Mr. Randolph moved for the approval of the site plan for Patrician Villas subject to the conditions as outlined in the preface to the agenda, seconded bv Mr. Weekes. Said motion passed unanimously. Before roll call Mr. Sanson asked the City Attorney that in giving these site plan approvals, if in 60 days from now, and some con- Struction has commenced and Council decided to impose a moratorium on the building relative to inability to supply proper water, could Council be opening themselves by approving the site plan. The City Attorney stated he would have to answer that question in a context of a specific case, specific request and find out exactly what the City's requirements are before Council can legally stop them. Generally, when you give an approval, they can go ahead with it; if there was a legitimate health safety reason for preventing it, Council could, under certain circumstances, prevent it. 9.f. The City Manager reported that the Planning & Zoning Board, at a meeting held on June 28th, recommended by unanimous vote that the conditional use request for a Professional Office Building for James Nowlin, Jr. in Section 9-46-43 on the west side of N. E. 7th Avenue between N. E. 7th and N. E. 8th Streets in the RM-10 (Multiple Family Dwelling) District be approved, subject to the following: ~ (1) Compliance with the requirements of the Community Appearance Board as stated in their June 10th letter, (2) A time limitation-of 12 months be set for development of the project. Mr. Chapin moved for the approval of the report'from the Planning & Zoning Board relative to the conditional use approval for the professional office building for James Nowlin, Jr. subject to the conditions outlined in 9.f. in the preface of the agenda of tonight's meeting, seconded by Mr. Randolph. Said motion passed unanimously. 9.~. The City Manager reported that the Planning & Zoning Board, at a meeting held on June 28th, recommended by unanimous vote that the final plat for Pine Trail Subdivision Section III(Rainberry Woods) located on the south side of Lake Ida Road, between Military Trail and - 18 - 7/11/77 Barwick Road, be approved, subject to compliance with the City Engineer's comments in his June 2nd memorandum. Mr. Randolph moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Chapin. Said motion passed unanimously. 9.h. The City Manager reported that the Planning & Zoning Board, ~t a meeting held on June 28th, recommended by unanimous vote that the site plan modification request to allow a transformer vault on the north end of the property of the medical offices for Drs. Wachtel, Pace, and Bebout, located north of N. E. 8th Street between N. E. 9th Avenue and Palm Trail, be approved. Mr. Weekes moved that Council accept the recommendation of .he Planning & Zoning Board with regard to this item, seconded by .r. Chapin. Said motion passed unanimously. ,..i. The Planning & Zoning Board, at a meeting held on June 28th, recommended by unanimous vote that the site plan modification request from Lago Del Rey, located on the north side of Lowson Boulevard between Homewood Boulevard and Dover Road consisting of (1) reducing the number of units, by two; (2) reorientation of the buildings along Lowson Boule- vard; (3). the addition of another curb cut on Lowson Boulevard, be approved. Mr. Chapin stated he had not seen this come before Council at a workshop and asked what is involved. The City Manager stated that this has not been to workshop because it is a very minor modification. Mr. Sanson asked how the. reorientation is being done; the applicant, Mr. Edward Gellman, 4000 N. E. 169 Street, North Miami Beach, stated what occurred on Lowson Boulevard was a reorientation of the building so that it will conform with the City parking ordinances that prevent backing into a roter service drive and the Fire Department and Public Works Department requested that an additional entrance to the service road be made at the far west end so that there could be.a through driveway. Mr. Weekes moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Chapin. Said motion passed unanimously. 9.j. The City Manager reported that the Planning & Zoning Board, at a meeting held on June 21st, recommended by unanimous vote that Section 29-12 SC (Specialized Commercial District), Section 29-14 LI (Light Industrial District) and Section 29-15 MI (Medium Industrial District) be amended by adding "carpet cleanina facilities" as a Per- mitted Use. It is recommended that Council either instruct the City Attorney to draft an ordinance effecting the recommendation of the Planning & Zoning Board or refer the matter to a future workshop meeting. Mr. Sanson moved that the City Attorney be instructed to draft an ordinance effecting the recommendation of the Planning & Zoning Board to add the use "carpet cleaning facilities" as a Permitted Use in the SC, LI and MI zoning districts, seconded by Mr. Weekes. Said motion passed unanimously. 10. The City Manager recommended authorization for payment of t--~ City's bills. Mr. Chapin moved for the payment of the City's bills as outlined on the invoice of June 30, 1977 with th~ exception of payment of $27,500 to George H. Clemens. Mr. Chapin amended the motion to approve all the bills with the deletion of the item for George H. Clemens, seconded by Mr. Weekes. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 1 vote. - 19 - 7/11777 342 Before roll call Mr. Sanson asked that the City Manager respond to him sometime tomorrow as to why he is not receiving copies of the bills from Russell & Axon as he requested. The City Manager stated he would make a response to him. Mr. Sanson moved that the check in the amount of $27,500 be paid to George H. Clemens, seconded by Mr. Weekes. Upon roll call Council voted as follows: Mr. Chapin - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - No. Said motion passed with a 3 to 2 vote. ~ (6/30/77) General Fund ........... $316,696.56- " Water and Sewer F~n~ ......... 284,787.76 " Utility Tax Fund ........ .. . . 75,000.00 " Refundable Deposits Fund ....... 880.00 " Fed. Public Works Grant Fund ..... 41,945.39 ~ (7/06/77) General Fund ............ 151,641.29 " Utility Tax Fun~ [ .......... 4,075.85 " Improvement Trust Fund . . . . .... 3,217.74 " Fed. Public Works Grant Fund ..... 556.38 Mayor Scheifley reminded Council that there is a workshop scheduled for tomorrow afternoon. Mr. Randolph moved for the adjoUrnment of the meeting, seconded by Mr. Weekes. Said motion passed unanimously. The meeting adjourned at 9:25 P. M. City Clerk 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 for July 11, 1977 which minutes were formally approved and adopted by the City Council on ~c~c~ ,~ ~ /~½7 . 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 the 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. - 20 - 7/11/77