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10-10-77 OCTOBER 10, 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, October 10, 1977 with Mayor James H. Scheifley Dresiding, and City Manager J. Eldon Mariott, City.Attorney Roger Saberson and Council members Robert D. Chapin, David E. Randolph, and Aaron I. Sanson, IV, present. Councilman Leon M. Weekes was absent. 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 minutes of ~'eptember 26, 1977, seconded by Mr. Sanson. Said motion passed unanimously. 4.a.1. Mr. Chapin stated he was saddened to learn of the passing ~ of Bill Cruikshank who has been a very active individual as Execu- tive Director of Palm Beach County League of Municipalities. He commented he was glad to know the City Manager sent some flowers to his widow and perhaps some official token of the City's sympathy and appreciation can be sent from the City as well. 4.a.2. Mr. Chapin stated he was concerned with the problem the City is having with the beach bathhouse. Papers were filed by the owner of the Gipper property seeking to restrain the City from pro- ceeding with the beach bathhouse and a temporary restraining order was issued by Judge Hewitt last Friday. Mr. Chapin added he thinks the City should do whatever it can to remove that restraining order so that they can proceed with the beach bathhouse; many people pass there daily and, right or wrongly, they see this uncompleted project and are going to feel that the Administration and this Council is ineffective in coping with that problem. Upon request by Mayor Scheifley, the City Attorney explained that the temporary restraining order was issued by Judge Hewitt to prevent the City from constructing the building at this time with the exception of the slab, which is the part where the City was suffering some damage and there had been some vandalism. A temporary restraining order is a restraining order that is in effect until the final disposi- tion of the trial subject to the City being able to file a motion to dissolve the injunction providing sufficient grounds can be shown for the dissolution of the injunction. There has been primarily two grounds they have alleged as reasons why it should be issued: (1) if the building is built, the City will be covering up the evidence that is the crux of the dispute and (2) if the building is built and repair and construction work needs to be done, it would be impossible to do with a wall 14 inches from the Gipper wall. The case has just been filed last week against the City and is a damage action as well as an injunction action against the City, the contractor, the contractor's insurance company, the City's insurance company and one or two individuals. The case will be defended by the City's insurance company with the exception of this aspect of trying to dissolve the injunction, which the City will try to work with them on to get them to dissolve it. The insurance policy provides that the City can't do anything to undermine their ability to settle or handle the case; therefore, caution must be taken in going in and unilaterally requesting a dissolution. Mayor Scheifley questioned approximately how long this will take; the City Attorney stated that assuming that it goes to trial it will take approximately nine months. Mr. Sanson stated he totally agrees with Mr. Chapin's desires but still questions why the'City should~be put in a position of having to expend funds to pay the City Attorney and having to spend his time and the Administration's time doing so much to rectify the situation. He stated he feels this is the contractor's responsibility and it should be his expense that is being borne to solve the situation. The City Attorney stated whose responsibility it is, is the ultimate question of law that has to be answered in the case. The Plantiff has alleged that the City is responsible, the City's insurance company, the contractor and every person he has named as a defendant in the case. 4.b.1. Mr. Sanson stated that the City Council received copies of some correspondence the City Attorney passed out relative to two lawsuits, which he knows nothing about, and asked if they could get some sort of explanation as to what the cases are° The City Attorney stated that Council will be receiving a complete list of all the litigations that the City is involved in. After the expiration of each fiscal year, the auditors request from the City Attorney's office, a list of all the litigations and in that listing will be an explanation of the allegations that are being made and the complaint. 4.b.2. Mr. Sanson stated that he has come across several instances, particularly the Palm Beach Municipal League meetings, where he has had conversations as to the review and the situation existing since the abolition of municipal courts. Since this has happened in Delray, Council has not had any reports and he would like to have the City Manager give Council his analysis as to the revenue that was generated from the County courts versus what the City received under municipal courts; what the disposition of justice has been toward the City ordi- nances, how many convictions have been gotten in terms of percentage of what the City used to get; he would like to have some kind of general statement so he can use that to report to other league members. The City Manager acknowledged this request. 4.b.3. Mr. Sanson stated that, some time ago, he and the Mayor asked whether there is a possibility the City can do some refurbishing of the downtown area with the painting of the yellow stripes. He also noted that around Love's Drug Store and Canning's Shoe Store there are some bushes almost growing out of the edges of the sidewalks and t~here are weeds that need to be killed and taken out. If this could be accomplished it would spruce up the town for the upcoming tourist season. The City Manager reported that just recently the City was able to get two or three additional CETA employees that were assigned to streets and they will do a lot of what Mr. Sanson is talking about plus the refurbishing of a number of the bent up signs and broken down street signs. 4.c.1. Mayor Scheifley stated that there will be a public memorial service for Bill Cruikshank, at 3:00 P. M. at the First Presbyterian Church on West Camino Real, on Thursday, October 13th. 4.c.2. The Mayor stated that at the request of Governor Askew, he is declaring the week of December 4th through December llth, 1977 as "HUMAN RIGHTS WEEK". 5. There were no public requests from the floor. 6.a.1. The City Manager reported that he attended the conference of the Florida Shore and Beach Association held on the West Coast during the latter part of last week and he was informed by employees of Bill Carlton's office, the Division of Beaches and Shores, on the day of his arrival at the conference, that the State Cabinet formally approved $356,187 additional money for the City of Delray Beach Restoration Project. That, added to the $196,308 that has already been approved by the cabinet, will bring the City's total well over $500,000. He has been informed that this is official now. - 2 - 10/10/77 The City Manager advised that he was elected to another three-year term on the Board of Directors of the Florida Shore Associ- ation. 6.a.2. The City Attorney stated he has two items he would like to discuss with Council. The first one concerns an agreement with regard to the Subdivision Ordinance and the posting of a cash savings account book in lieu of a bond. At his request the agreement was changed from the form of prior agreement that the City was using. The principle change is that the savings account would be held in the name of the City alone rather than jointly between the City and the developer. The savings account is posted to assure completion under the Subdivision Ordinance of improvements that are part of the subdivision platting process, which the developer must put in. These improvements are things in the nature of streets, utilities and a type of common facili- ties that will be used by the people in the subdivision once that sub- division is completed. The City Attorney presented a letter to Council which reflects the understanding of the Savings and Loan Association and the developer. The letter provides that the City will not disburse funds from this account except in payment of construction costs for this purpose and that the disbursements will be made on the certification of the City's Engineering Department or the consulting engineer for the developer. He stated that in Council's authorization concerning this, he would like the authorization to also permit the Administration to use this type format in the future for this type of account and situation under the Subdivision Ordinance. The City Manager asked if it would be necessary to establish that new policy by ordinance, would it require modification of the existing ordinance. The City Attorney answered, no. Mr. Sanson asked if there are any problems if the City should negligently misallocate funds. The City Attorney stated the City is bound'by the contract and would be responsible for the funds - the same way as in any other contract situation. The sole purpose for which the City is holding the money is to complete the improvements in the plat. Mr. Randolph asked what percent of the figure listed in the correspondence is of the total for construction of that development? The City Attorney replied that the figure included in the correspondence is supposed to represent the total construction coSt. Upon question, the City Attorney stated the reason he is asking for a change is because he is changing the policy that has been in effect with this agreement and he is asking Council to change the policy and make it such that the Administration can follow it without having to come back to Council in each case. Mr. Chapin moved for Council to approve the proposed agree- ment between the City of Delray Beach and Richard Siemens as Trustee together with the letter agreement dated October 10, 1977 between the City and American Savings and Loan Association of Florida, and that this procedure be adhered to in the future, seconded by Mr. Randolph. Said motion passed unanimously. 6.a.3. The City Attorney stated the second item refers to the gar- bage and trash fees. He feels the City should consider retaining the consultant who did the study that enabled the City to put the garbage and trash collection out for bids, to review the cost structure of the operation in two phases. The first phase being that if the City accepts the bid that has been submitted,and the other phase is in the event that the City rejects that bid to reflect in the study the different changes in the rates that would occur. In the event that the City does not accept the bid there will definitely be different capital require- ments in terms of having to purchase equipment. These costs would also have to be built into the rates. - 3 - 10/10/77 At the last regular Council meeting the ordinance to increase the fee was tabled and Council requested that the City do what they can as quickly as possible to correct the situation or to at least study the situation. The consultant indicated that he would be able to com- plete his work this month, and that the cost to the City for the work would be based on the same procedure formula used in his previous study, which is $125 per day for a maximum authorization of 6 days work; this would amount to a total of $750 plus reasonable expenses. The City Manager stated that he and the City Attorney have not had an opportunity to fully discuss this and he has mixed emotions. He is not sure that an outside consultant is as well qualified as the City Administration to make this particular type study when consideration is given to a division of allocation of cost for the various things that the City does in connection with the refuge collection program. The City Manager noted that, as Council requested, he has not had a chance to meet with Tore Wallin to study a possible differential in rate, the advisability ~ of differential in rate between the condo dweller and the single family dweller. The City has taken bids and is involved in quite an intensive analysis of this including the financial aspects, the personnellaspects, and the service aspects of this in order to formulate a recommendation to Council. He stated he prefers that the City not immediately engage a consultant for this particular type of work; to give the City Attorney and the Administration a chance to confer further face to face and if need be, discuss it at a workshop meeting. Mayor Scheifley was of the opinion there should be a single rate and not create a monster which would be difficult to administer. Since it would take considerable time to resolve this matter, he questioned what loss would there be by not changing it to $4.75 as planned for this period of time. The City Attorney stated that part of the reason he is re- questing the study be done is to find out whether or not the fee should have been increased in the first instance, in which case it's a question of whether or not you look at it as lost~revenue or revenue that shouldn't have been in the first place. Second of all, the amount of $750 is a very small amount to spend for an operation that cost the City $1,400,00 a year. The City Attorney advised that the consultant has stated that he has had a conversation with Mr. Weber, Finance Director, and there are some figures worked up but there are some additional things that need to be put into those figures. Having a man like Mr. Myers, who has already done a substantial amount of work, as far as the City's department is concerned, is a real assest. The City Manager pointed out that the work' that Mr. Myers has done for the City was in a different vein~than what is being dis- cussed now. The purpose for what he was hired was for consideration of a new field and writing bid specifications to do the job by con- tract. The City is talking about the City's cost of the operation and the only figures Mr. Myers could get would be figures the City would give him. To correct the statement made by Mayor Scheifley that there is no question about the justification of the rates where the amount is concerned, the City Attorney stated there is no question of justi- fication in terms of the total amount of revenue and total amount of expense. In terms of how that expense is allocated and how increases in those expenses should be allocated, he feels there is a substantial question and this is why he has asked for the study. Mr. Sanson stated he feels that in the best interest of the financial situation in the City, that Council retain the firm subject to the City Attorney and the City Manager coming back to Council with any other ideas after having discussed this. If nothing is worked out and they do not feel there are alternatives on equal basis, then the City Manager could be instructed to proceedi - 4 - 10/10/77 Mr. Randolph agreed with the City Attorney. He wondered what effect this would have upon the City's current work force and if the City got involved in any lawsuit, at least it would show good faith on the part of the City that they did go to an outside source for investigation of these particular rates. This might help any problems that the City might run into as far as the courts are concerned. Mr. Chapin stated the question is not whether or not a study is needed but whether is should be in-house or go to outside help. Upon question by Mr. Chapin as to his feelings on which is more objec- tive and beneficial to the City, the City Attorney answered that in this case he feels the City should definitely have it done by an out- side consultant. There are two primary reasons for this (1) he thinks the cost is minimal in terms of what is the total outlay to the City for the project (2) the person or firm that is going to do the work is, in fact, an expert in this field with a great deal of knowledge concerning the City's operation. They have actually gone out and sur- veyed virtually every commercial site, multi-family site, etc., where garbage and trash is picked up. The City Attorney stated that he does not mean that the City should go to outside consultants in every case but when Council gives consideration to raising a fee, service charge, user charge, they should have before them cost information that justi- fies the decision and permit Council to evaluate whether or not an increase is needed. Mr. Chapin moved that Council adhere to the City Attorney's recommendation to employ the consultant, Mr. Myers, at a cost not to exceed $750 plus reasonable expenses to determine the reasonability, sufficiency and adequacy of the proposed rate increase; however, not to limit the study to whether it be just a $.50 increase, as recommended, but to put the whole operation on a self-sustaining basis, seconded by Mr. Sanson. Said motion passed unanimously. Before roll call Mayor Scheifley stated one thing he wants explained in particular is the effect on the rates of those people paying ad valorem taxes and those who don't but who both receive the service. The City Attorney stated this could triple or quadruple the price of the survey because he would have to research the tax records. 6.b. The City Manager reported that the Palm Beach County Parks & Recreation Committee requested the City's assistance in renaming the Kucera-Gwynn property since the present name reflects the former owners from whom Palm Beach County and Delray Beach acquired the property. The suggested names are: NAMES SUGGESTED BY Anchor Park * Beautification Committee Surfside " Coquina Park Ena G. McFee, Realtor Driftwood Park " Sun Rise Park " Surfside Park " Turtle Track Park " Jack Saunders Park Parks & Recreation Department · If anchor in other park could be moved to this location. Mr. Chapin moved that Council adopt the recommendation of the City's Beautification Committee in moving that the name of the property now known as the Kucera-Gwynn be changed hence forth to "Anchor Park" on the condition that the anchor could be moved, seconded by Mr. Randolph. Said motion passed unanimously. Mr. Sanson noted that there has been talk about possibly recognizing the service to the City on behalf of Jack Saunders and sug- gested that sometime in the near future Council could do that while he is still alive and could be so honored in that capacity. - 5 - 10/10/77 6.c. The City Manager reported that it was decided at the October 3rd workShop meeting to put on tonight's agenda, the appointment of a member to the Planning & Zoning Board to succeed Colonel Ted Poole. The appointment is to a three-year term ending September 28, 1980. The Planning & Zoning Board has submitted the following names listed in order of preference to City Council for consideration for appointment to the Planning & Zoning Board: Leo Blair Mrs. Louise Stebbins Mrs. Kathi Sumrall J. Reeves Bright Mr. Chapin moved for the appointment of Mrs. Louise Stebbins to the Planning & Zoning Board to a three-year term ending September 28, 1980, seconded by Mr. Sanson. Said motion passed unanimously. 6.d. The City Attorney requested that this item, the appointment of Morgan Zook to the Downtown Development Authority, be tabled. He stated the reason for this is that he is currently studying whether or not Mr. Zook's service on the Police and Fireman's Pension would con- stitute him to be an officer within the meaning of the special act of the Downtown Development Authority, which would prohibit service on another City Board in terms of being an officer. Therefore, he is re- questing that this be tabled and at this time not accept Mr. Jakubek's letter of resignation until this is resolved. Mr. Chapin moved that this item be tabled, seconded by Mr. Randolph. Said motion passed unanimously. 6.e. The City Manager reported that it is recommended that Council authorize the affirmation of an Economic Development Administration grant in the amount of $141,000 for installation of the water main loop on Barwick Road. Resolution No. 38-77, adopted on June 27, 1977, authorized application for the grant from EDA. Mr. Randolph moved that Council authorize the affirmation of an EDA grant in the amount of $141,000 for installation of the water main loop on Barwick Road, seconded by Mr. Chapin. Said motion passed unanimously. 6.f. The City Manager reported that Council, at its meeting on September 26th, approved!the Board of Adjustment Rules of Procedure with the exception of those portions which related to the application fee, possible refunds when petitions are withdrawn, and that portion requiring additional fees in the event the applicant delays the hearing of the petition. The City Attorney stated he has discussed with the City Manager the reservations he has concerning the fees that are established in the ordinance and feels these costs need further study. He stated he had some discussion with the people in the City who perform the work and, based on his discussion, these are nothing more than good faith guesstimates and that the figures do not include certain items that should be included. - Mayor Scheifley asked how inclusive the figures are and if they include all fringe benefits, vacation; what is the gross figure? The City Manager replied that you would have to add 25 to 30 percent to those figures assuming that the hours listed are the correct number of hours allocated to each case coming before the Board of Adjustment. He stated they were the times given to him by the Chief Building Official and they were just estimates. Mr. Chapin suggested that the matter of fees be referred to the City Attorney (no action be taken). Upon question by Mr. Chapin the City Attorney advised that Council has the authority to approve or disapprove the rules but the reason this is on the agenda is because there is an ordinance on the agenda that sets the fees that these two are interrelated to that extent and he recommends that action be deferred on both. - 6 - 10/10/77 Mr. Sanson stated he fully supports the City Attorney's intentions but feels in this case that the $100 is more than fair; that the City is under what it actually costs and he does not see hew the City could still get in trouble charging a fee that is well under the rate. Mr. Chapin moved that this item and item 8.m. be deferred and referred back to the City Attorney to advise Council accordingly, seconded by Mr. Randolph. Upon roll Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - No. Said motion passed with a 3 to 1 vote. Before roll call Mr. Sanson requested that he be supplied with verified accurate information as to the justification of that rate. 7.a. The City Manager reported that an application has been received for transfer of ownership of Certificate of Public Convenience and Necessity from Yellow Cab which is licensed to operate three taxi- cabs, to Mr. and Mrs. John T. Gray, d/b/a Gray's Taxi. Council, at its September 12th meeting, granted a Certificate of Public Convenience and Necessity to Aldo and John T. Gray, d/b/a Gray's Taxi. In compli- ance with Section 26-7, Chapter 26 of the Code of Ordinances, Council should fix a date for a public hearing to be held on this application for transfer of ownership of Certificate of Public Convenience and Necessity, notice of which shall be forwarded to all operators of taxi- cabs. At such public hearing, and as a result thereof, Council shall determine if further cab service, within the City, is needed. It is recommended that Council authorize a public hearing on the application be held at the next regular Council meeting on October 24th. Harry Miller, owner of the Yellow Cab Companies in the Air- port Limousine Systems of Palm Beach County, stated they are desirous of transferring their three permits in Delray Beach from Yellow Cab Company to Mr. and Mrs. John Gray. The public hearing is required for increasing the number of vehicles that are already licensed; the City Code which contains a section for transferring of licenses, states this has to be approved by City Council - no provision for a public hearing is noted. The City Attorney advised that Council should hear from the applicant and have him advise Council who is going to be driving the vehicles. In the event that Council does not receive a satisfactory answer, unless permitted by the applicant, not to make the information received previously available. Mr. Miller stated that Council is being asked to consider the transfer of the ownership of the Certificate to Mr. and Mrs. John Gray. Whoever they employ, as a chauffeur or driver of their vehicle, would have to comply with all the City and State laws so far as having proper licenses or permits, proper records, etc. The City Attorney stated that when a vote is taken on whether or not the permits be transferred that that reason, if it is based on the individual and his driving, is as far as you need to go. Mr. Chapin asked Mrs. Gray if she is the wife of John T. Gray, to which she answered, yes. Upon question by Mr. Chapin that if the Council should approve this transfer would her son, Darrell Allan Gray, be an operator or driver of any of the three taxicabs; she stated he would be a dispatcher. The City Attorney asked Mrs. Gray if it is a correct state- ment that her son will not be permitted to drive any of the vehicles for which the Council may be assigning a Certificate of Public Conven- ience and Necessity. She answered - not unless she pays extra insurance. The City Attorney stated that the answer is that maybe he will drive; therefore, if Council considers that a material consideration, then if they choose to approve the transfers it should be subject to Mr. Darrell Gray, if Council is of that opinion, not be an operator of one of the vehicles. - 7 - 10/10/77 Mayor Scheifley asked Mrs. Gray if Council grants these permits, would she be willing to almost take an oath that she will never let her son drive one of those cars under any circumstances; she shook her head no and the Mayor stated that they have no choice but to deny it. Mr. Chapin moved that Council deny Mr. Miller's request for the transfer of these permits based upon the information, as he knows it to be, and the information elicited from the proposed recipient of these permits, seconded by Mr. Randolph. Said motion passed unanimously. Before roll call Mr. Miller reiterated the point that as far as transferring the ownership of the certificates from Harry Miller Yellow Cab to Mr. and Mrs. John Gray, should not have any bearing on who is going to drive any of their vehicles. The City Attorney stated he would have to say that in a situation like this when the applicant has acknowledged before Council that she will not restrict the drivers of the vehicles to those other than the one who Council has a concern about, and it is a relevant concern, it would be fool-hardy for Council to go ahead and approve the transfer to this applicant knowing she is going to permit that person to drive the vehicle. 7.b. The City Manager reported that the City is in receipt of an application from Yolanda Hardy for City water service to serve Lots 45, 46 and 47, Block 35, Del Raton Park, 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 applicant's property being annexed into the City when such is eligible for annexa- tion, approval of the applicant's request for water service is recommended. The property is now vacant and the applicant plans to build two duplexes on it. After Council discussed the exact location of this property and whether or not it would be contrary to the Land Use Plan, the following motion was made: Mr. Chapin moved that this item be tabled until Council can find out where the property is, what it is, and how the duplexes con- form or do not conform to the Land Use Plan for the reserve area, seconded by Mr. Randolph. Said motion passed unanimously. 7.c. The City Manager reported that a communication has been received from the Area Planning Board dated September 28th, requesting A-95 Clearinghouse review and comments relative to the Palm Beach County Board of County Commissioners Special Target Offender Project Subgrant application for LEAA funds to provide the prosecutorial re- sources and manpower to employ the special investigative techniques and responsibilities necessary for identifying and successfully con- victing organized crime and official corruption figures as well as serious felony recidivists. Approval is recommended. Mr. Sanson noted that in discussions of the LEAA Program on a fairly detailed level the whole program has generally been re- - garded as an overt failure and the funds have basically been squandered and he hates to continue to approve the expenditure of funds through the LEAA program. Mr. Sanson moved that approval be recommended and passed on to the Area Planning Board, seconded by Mr. Randolph. Said motion passed unanimously. 7.d. The City Manager reported that a communication has been received from the Area Planning Board dated September 28th, requesting A-95 Clearinghouse review and comments relative to the Palm Beach County Board of Commissioners School Crime Prevention Project Subgrant i 'application for LEAA funds to implement and Provide the school system in Palm Beach County limited assistance in reducing the adverse acts which may occur within the educational environment through preventive - 8 - 10/10/77 programs and investigative assistance with a new and partially expanded program. Approval is recommended. Mr. Randolph moved that the approval be granted on A-95 Clearinghouse Review and comments relative to the Palm Beach County Board of County Commissioners School Crime Prevention Project Sub- grant application for LEAA funds, seconded by Mr. Sanson. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 53-77 to the Bure'au of Beaches and Shores, Department of Natural Resources, requesting funding in the amount of $196,308 for maintenance nourishment of the beach, is before Council for passage considaration. This has previously been allocated by the State Cabinet. The City Manager presented Resolution No. 53-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE BUREAU OF BEACHES AND SHORES, DEPARTMENT OF NATURAL RESOURCES, REQUESTING FUND- ING FOR MAINTENANCE NOURISHMENT PROJECT. (Copy of Resolution No. 53-77 is on file in the official Resolution Book.) Mr. Chapin moved for the adoption of Resolution No. 53-77, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed 4 to 0. Before roll call Mr. Sanson commented on seeing attached to the proposed letter to be sent to Mr. W. T. Carlton, Chief - Bureau of Beaches and Shores, the City Manager's intention to trying to have the City reimbursed for the cost for the rock placement and the $100,000 for the dunes vegetation which the City's intent is to pursue that course. 8.b. The City Manager reported that Resolution No. 54-77, requesting permission from the Palm Beach County Board of County Commissioners to rezone land to be annexed from RM (Multiple) (County) to R-1AA (Single Family Dwelling) District (City), 601 Linton Boulevard, is before Council for passage consideration. Council, at its September 26th meeting directed the City Attorney to prepare the resolution. The City Manager presented Resolution No. 54-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COM- MISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RM MULTIPLE TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 54-77 is on file in the official Resolution Book.) Mr. Chapin moved that Council adopt Resolution No. 54-77, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.c. The City Manager reported that a request has been received for construction of a "T"-pile and slab" type seawall and piers to prevent erosion on Lot 245, Tropic Isle Subdivision. This property is located on Dogwood Drive at its intersection with Andros Canal and the Intracoastal Waterway. Approval is recommended by adoption of Resolution No. 55-77. - 9 - 10/10/77 The City Manager presented Resolution No. 55-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OF APPROVAL FOR CONSTRUCTION OF A "T"-PILE AND SLAB" TYPE SEAWALL AND BACKFILL WHERE APPROPRI- ATE AND ALSO CONSTRUCTION OF ASSOCI'ATED PIERS NOT TO EXTEND MORE THAN FIVE FEET INTO THE ANDROS CANAL FOR THE PRIMARY PURPOSE OF PREVENTING EROSION ON LOT 245 TROPIC ISLE SUBDIVISION, THIRD SECTION, CITY OF DELRAY BEACH, AS RECORDED IN PLAT BOOK 25, PAGE 37 PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. (Copy of Resolution No. 55-77 is on file in the official Resolution Book.) Mr. Randolph moved for the adoption of Resolution No. 55-77, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Mr. Sanson asked the City Manager if he has any knowledge as to what is being destroyed, if anything. The City Manager answered that he has not seen the site and does not know. ~ 8.d-h. The City Manager reported that Resolution No. 56-77, accepting sanitary sewers, water utilities and related facilities installed in Carver Square; Resolution No. 57-77, accepting sanitary sewers, water utilities and related facilities installed in Phase I of Tropic Palms; Resolution No. 58-77, accepting all the streets and storm drains installed in Phase I of Tropic Palms; Resolution No. 59-77, accepting an extension of a sanitary sewer in Area 23 (Abbey Delray and Delray Golf Terrace Apartments, Inc.); and Resolution No. 60-77, accepting extensions of sanitary sewers installed in Area 55 (Sherwood Park), be approved as operational. The City Manager presented Resolution No. 56-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILI- TIES INSTALLED IN CARVER SQUARE, DELRAY BEACH, FLORIDA, IN SOUTHWEST ¼ OF SEC- TION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; BEING A SUBDIVISION OF BLOCK 7, DELRAY BEACH, (FORMERLY TOWN OF LINTON) FILED IN PLAT BOOK 1, PAGE 3, PALM BEACH COUNTY RECORDS, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RE- LATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES. The City Manager presented Resolution No. 57-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILI- TIES INSTALLED IN PHASE-I OF TROPIC PALMS, PLAT NO. 2, AS RECORDED IN PLAT BOOK NO. 25, PAGE 136 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: AUDUBON BOULE- VARD, BETWEEN DUNLIN ROAD AND CORMORANT ROAD; FULMAR DRIVE; GALLINULE DRIVE; DUNLIN ROAD, BETWEEN GALLINULE CIRCLE AND AUDUBON BOULEVARD; CORMORANT ROAD, - 10 - 10/10/77 BETWEEN GALLINULE DRIVE AND AUDUBON BOULEVARD AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES. The City Manager presented Resolution No. 58-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN PHASE-I OF TROPIC PALMS, PLAT NO. 2, AS RECORDED IN PLAT BOOK NO. 25, PAGE 136 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL. The City Manager presented Resolution No. 59-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING AN EXTENSION OF SANITARY SEWER INSTALLED IN AREA 23, COMPRISING THAT PART OF THE NORTH 1100 FEET OF THE SOUTHEAST ¼ LYING WEST OF THE WEST RIGHT -OF-WAY LINE OF CONGRESS AVENUE, EAST OF THE E-4 CANAL AND SOUTH OF LOWSON BOULEVARD (LESS THE NORTH 150' OF THE WEST 100 FEET), SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, OTHERWISE KNOWN AS ABBEY DELRAY; AND THAT PART OF SOUTHEAST ¼ LYING BETWEEN THE EAST RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT E-4 CANAL AND NORTH RIGHT-OF-WAY OF LOWSON BOULEVARD, OTHER- WISE KNOWN AS DELRAY GOLF TERRACE APART- MENTS, INC.; AND GOLF PARK SUBDIVISION, DELRAY BEACH, AS RECORDED IN PLAT BOOK 27, PAGE 81 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWER SYSTEM. The City Manager presented Resolution No. 60-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING EXTENSIONS OF SANITARY SEWERS INSTALLED IN AREA 55 COMPRISING THE PLAT OF SHERWOOD PARK, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, IN THE NORTH 895' OF THE SOUTH ½ OF SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 26, PAGE 187 AND REPLAT OF BLOCKS 7-8-9-10 SHERWOOD PARK, AS RECORDED IN PLAT BOOK 26, PAGE 187, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, IN THE NORTH 895' OF THE SOUTH ½ OF SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWER SYSTEM. (A copy'of Resolution Nos. 56-77, 57-77, 58-77, 59-77, and 60-77, is on file in the official Resolution Book.) Mr. Randolph moved for the passage of Resolution Nos. 56-77, 57-77, 58-77, 59-77, 60-77 set forth accepting the extensions of sanitary sewers in the areas mentioned in the preface of the agenda - 11 - 10/t0/77 to those items which are 8.d, 8.e, 8.f, 8.g, and 8.h, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Before roll call Mr. Sanson asked if some of this work relates to the recent Federal Funds received on that public works bill and the work that Bumby and Stimpson is doing. The City Manager answered, yes, that some of it does relate to that work. Mr. Sanson asked if the City Manager could give Council a memo on the status of the project and how it is coming along, specifically, are they on schedule. The City Manager answered yes. Mr. Chapin asked what does certified mean in the first WHEREAS Clause in the resolutions and what is the effect of that? The City Manager stated that being certified means that a registered professional engineer in Florida has certified that the improvements meet all the City requirements and all other legally required specifi- cations either imposed by the State of the Federal Government with respect to the project. Mr. Chapin asked what would happen if there was such a certification and the fact was determined to be an error, would the City have any recourse against the certifier? The City Attorney answered yes, he thinks so. It is given specifically as a representa- tion to the City that they meet the plans and specifications. In Resolution Nos. 59-77 and 60-77, it was noted that the firm Russell & Axon gave the certification of the sanitary sewers. Mr. Chapin asked if there is any kind of conflict of interest from an engineering ethical point of view in representating both sides. The City Manager answered, no, there is no conflict because the firm Russell & Axon did this under arrangement with the City and not under arrangement with the private developer. He noted that Russell & Axon is the City's consulting engineers on the EDA projects and some of these are EDA projects. It was noted that on these two resolutions, 59-77 and 60-77, the firm Russell & Axon is in fact, representing the City and not the developer. Mr. Sanson stated he also has questioned this system for sometime. The question that comes to mind is the situation of the S. W. Drainage project where it was fairly, clearly demonstrated that there had been some work that had been certified as correct which, in fact, did need to be corrected. The City went out and paid to get the work corrected whereas Russell & Axon had told the City, when they accept i it, that all work was done correctly. Mr. Sanson stated he feels Russell & Axon should have paid for the mistakes that were obvious and that they certified. $.i. The City Manager reported that Resolution No. 61-77, relative to bicycle paths on Linton Bridge is before Council for passage consid- eration. This was discussed at the October 3rd workshop meeting. The City Manager presented Resolution No. 61-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROPOSING THAT TWO BICYCLE PATHS BE INCORPORATED INTO THE CONSTRUCTION OF THE LINTON BRIDGE. (Copy of Resolution No. 61-77 is on file in the official Resolution Book.) Mr. Chapin moved for the adoption of Resolution No. 61-77 with the amendment that in the fourth WHEREAS clause, strike the words "reduce the flow of automobile traffic" so that it would read WHEREAS, it is desirable..to adequately provide for the safety of pe.destrians .and bicycle riders; and, seconded by Mr. Sanson. ~ Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with - 12 - 10/10/77 a 4 to 0 vote. Before the second to the motion Mr. Sanson questioned the amendment of the clause. Mr. Chapin stated that the reason for his reservation is merely to assure that it will get the most favorable light treatment at DOT, County Commission and the other interested parties; also, in an effort to make this more presentable and not in any way affect its substances. 8.j. The City Manager reported that Ordinance No. 60-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to boarding and rooming houses as a Permitted Use in the GC (General Commercial), SC (Specialized Commercial), CBD (Central Business District) and LC (Limited Commercial) Districts, is before Council for passage considera- tion on Second and FINAL Reading. This ordinance was passed on First Reading at the September 26th 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. 60-77: 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 REPEALING SECTION 29-1 DEFINITIONS (9) AND INSERTING A NEW SEC- TION 29-1(9); BY AMENDING SECTION 29-11 GC (GENERAL COMMERCIAL) DISTRICT (B) PER- MITTED USES; SECTION 29-12 SC (SPECIALIZED COMMERCIAL) DISTRICT (B) PERMITTED USES; SECTION 29-13 CBD (CENTRAL BUSINESS DISTRICT) (B) PERMITTED USES; SECTION 29-13.1 LC (LIMITED COMMERCIAL) DISTRICT (B) PERMITTED USES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 60-77 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. The public hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 60-77 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.k. The City Manager reported that Ordinance No. 61-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to accessory buildings, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 26th 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. 61-77: 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 29-6 RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT (P) SPECIAL REGU- LATIONS; SECTION 29-7 RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT (P) SPECIAL REGULATIONS; SECTION 29-8 RM-15 (MULTIPLE - 13 - 10/10/77 FAMILY DWELLING) DISTRICT (P) SPECIAL REGULATIONS BY ADDING A NEW SUBSECTION (3); BY AMENDING SECTION 29-8.1 PRD-4 (PLANNED RESIDENTIAL DISTRICT)(R) SPECIAL REGULATIONS; SECTION 29-8.2 PRD- 7 (PLANNED RESIDENTIAL DISTRICT) (R) SPECIAL REGULATIONS; SECTION 29-8.3 PRD-10 (PLANNED RESIDENTIAL DISTRICT) (R) SPECIAL REGULATIONS BY ADDING A NEW SUBSECTION (9); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 61-77 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. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 61-77 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Before roll call Mr. Sanson asked why garages should be excluded. The idea of a setback is that you don't want to infringe on your neighbors' freedom of open space. He asked what's the difference between a bedroom wall or garage wall? Mrs. Plume stated that this came under the zero lot line situation and, if it is not a zero lot line situation, then it has to appear as a regular setback. The City Attorney stated that the section that is being amended has to do with the event that zero lot line development is being used, then in that event everything other than what's set forth must be in accordance with the regular setback. The reason this came up is because people were requesting swimming pools to be installed in the Rainberry Woods project where they wanted to put the swimming pools on the lot line. Mr. Sanson stated that he wanted to be sure this is refer- ring only to zero lot lines s© that a garage can't be built in another situation right on a property line. 8.1. The City Manager reported that Ordinance No. 63-77, amending Chapter 12 "Elections" of the Code of Ordinances relative to providing a time to obtain nominating petitions is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 26th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 63-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12 "ELECTIONS" OF THE CODE OF ~ ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-2(B) (2) PROVIDING A TIME TO OBTAIN NOMINATING PETITIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 63-77 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. The public hearing was closed. - 14 - 10/i0/77 Mr. Chapin moved for the passage of Ordinance No. 63-77 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.m. The City Manager suggested that this item, Ordinance No. 62-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to Board of Adjustment fees, be tabled in conjunction with discussion had on item 6.f. relative to the Board of Adjustment fees. It was noted that this was formally tabled with the tabling of item 6.f. 8.n. The City Manager reported that Ordinance No. 64-77, amending Chapter 9, Section 9-1.2 "Building Code" of the Code of Ordinances relative to increasing building permit fees, is before Council for passage consideration on First Reading. The City Manager presented Ordinance No. 64-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 9-1.2 APPENDIX "M" (a) RECOMMENDED SCHEDULE OF PERMIT FEES AND ENACTING APPENDIX "K" (a) IN SUBSTITUTION OF THE FORMER APPENDIX "M" (a) PERTAINING TO THE 1976 EDITION OF THE STANDARD BUILDING CODE; ENACTING A NEW SUBSEC- TION (g) TO ESTABLISH A REINSPECTION FEE; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption of Ordinance No. 64-77 on First Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.o. The City Manager reported that Ordinance No. 65-77, amending Chapter 3 "Signs and Billboards" of the Code of Ordinances, relative to increasing sign fees, is before Council for passage consideration on First Reading. This was discussed during budget workshop meetings. The City Manager presented Ordinance No. 65-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3 "SIGNS AND BILLBOARDS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 3-6 PERMIT FEES AND ENACTING A NEW SECTION 3-6; 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. 65-77 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.m. Mr. Sanson asked is there any reason why item 8.m. couldn't be taken off the table, passed on First Reading, and in between First and Second Reading the issue could be worked out with the City Manager and if not it can be tabled at that time? - 15 - 10/10/77 The City Attorney stated that it could be passed on First Reading assuming that it is taken care of later. He stated he has no objection to the procedure but it is just a matter of furnishing the information within the time frame. The City Manager stated that this ordinance provides only one figure, the permit fee itself and there are actually two other fees involved; (1) is the amount of reimbursement to the appli- cant in case the applicant does not go the full procedure and then there is a third fee for reimbursement and asked the City Attorney how are these two fees being handled. The Ci%y Attorney stated that the other two fees are re- ferred to in the Board of Adjustment Rules that were tabled and the other fee has to do with amending a public notice and that was set at $15. You're not taking care of this by passing the ordinance, the ordinance refers only to the application fee. The City Manager asked the City Attorney how would he propose that that'be taken care of in the future - bv what method. The City Attorney stated he thinks the City should continue to handle it in the Board of Adjustment Rules where it is currently being handled. Mr. Sanson moved that Council take item 8.m. of tonight's agenda, Ordinance No. 62-77, off the table. The motion died for a lack of a second. 8.p. The City Manager reported that Ordinance No. 66-77, amending Chapter 9, Section 9-2 "Building Code" of the Code of Ordinances rela- tive to increasing building permit fees, is before Council for passage consideration on First Reading. This was discussed during budget workshop meetings. The City Manager presented Ordinance No. 66-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 9-2(b) (1) (2) (3) AND ENACTING A NEW SECTION 9-2(b) (1) (2); 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. 66-77 on First Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.q. The City Manager reported that Ordinance No. 67-77, amending Chapter 13 "Electricity" of the Code of Ordinances relative to increasing electrical fees is before Council for passage consideration on First Reading. This was discussed during workshop meetings on the budget. The City Manager presented Ordinance No. 67-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 "ELECTRICITY" OF THE CODE OF ORDINANCES OF THE CITY OF DELI{AY BEACH, FLORIDA BY REPEALING SECTION 13-4 (f)(2) (3) AND (4) AND ENACTING A NEW SECTION 13-4(f) (2) (3) AND (4); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. - 16 - 10/10/77 Mr. Randolph moved for the passage of Ordinance No. 67-77 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Before roll call Mr. Sanson asked the City Manager when these rates will go into effect. The City Manager replied 10 days after passage on Second Reading. 8.r. The City Manager reported that Ordinance No. 68-77, enacting a fee schedule for use of the City's tennis center for residents and non-residents, is before Council for passage on First Reading. This was discussed during budget workshop meetings. The City Manager presented Ordinance No. 68-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A FEE SCHEDULE FOR THE USE OF THE CITY'S TENNIS CENTER FOR RESIDENTS AND NON- RESIDENTS; 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. 68-77 on First Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Mr. Sanson noted that it was brought to his attention that perhaps Council was not being fair in this and it was recommended that a survey be made in the neighboring areas and it was found that not only was it still fair but almost overly so. 8.s. The City Manager reported that Ordinance No. 69-77, repeal- ing Resolution No. 59-76 and enacting fees and service charges for the Delray Beach Cemetery, is before Council for passage consideration on First Reading. This was discussed during workshop meetings on the budget. The City Manager presented Ordinance No. 69-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 59-76 AND ADOPTING THIS ORDINANCE PERTAINING TO FEES AND SERVICE CHARGES FOR THE CITY'S CEMETERY, WHICH AMENDS THE RULES AND REGULATIONS GOVERNING THE DELRAY BEACH CEMETERY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Randolph moved for the passage of Ordinance No. 69-77 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.t. The City Manager reported that Ordinance No. 70-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to off-street parking, is before Council for passage consideration on First Reading. This was discussed at the October 3rd workshop meeting. The City Manager presented Ordinance No. 70-77: 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, - 17 - 10/10/77 BY REPEALING SECTION 29-18(B) (2) AND ENACTING A NEW SECTION 29-18(B) (2); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin stated he would like to offer an amendment prior to the motion that under Section 1, subsection 2, (a), subsections 1 and 2, the third sentence where it states "and all residential zoning", the word "all" be stricken and inserted in lieu thereof the words RM-10 and RM-15. He stated the purpose of this amendment is to limit off-location off-street parking to multiple family residen- tial districts and not permit them in single family, RM10 or PRD districts. He stated his understanding of this ordinance is to permit off-street parking off-lot parking in multiple family areas and not in single family areas. Tore Wallin stated he is in favor of Mr. Chapin's amendment because he did not like, at any time without a public hearing, to in- clude single families. However, it still should be subject to approval. Mrs. William Matthews objected to Mr. Chapin's motion in that RM10 might be immediately adjacent to single family and this will not help at all and is unfair. She stated that the original ordinance is very reasonable and fair. Upon question by Mr. Chapin, Mrs. Matthews stated that she feels Mr. Chapin's amendment should be limited to RM15 only and that the parking space should be adjacent, not even across the street, to the commercial property which it serves. Mr. Chapin moved that the proposed Ordinance No. 70-77 be referred back to the Planning~& Zoning Board for further study and recommendation, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 27th, recommended by unanimous vote that the preliminary plat approval request of Rainberry Two (Rainberry Bay) located at the northwest corner of the intersection of Lake Ida Road and Davis Road, be approved subject to the following: (1) Compliance with the requirements of the Lake Worth Drainage District as stated in their letters of September 26th; (2) That the sidewalk requirements be waived on both sides of the street, provided the developer constructs an integrated walkway system and bicycle path. Mr. Chapin moved for the approval of the preliminary plat of Rainberry Two, also known as Rainberry Bay, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mayor Scheifley - Yes. Said motion passed with a 3 to 1 vote. Before roll call Mr. Sanson stated that if a year from now · the problem arises where the City does not have enough water, it is not going to be the fault of the controversy that's developed over the lime softening. The fault is going to lie in Council approving some 3500 to 4000 housing units in a 2½ to 3 month period. Mr. Chapin stated that he hopes the City Attorney, in con- junction with the Planning & Zoning Board, would seriously consider without delay, eliminating the requirement this Council has on techni- cal preliminary plats. It's not subject to policy; Council is not technicians; it is something probably for the Engineering office, the Planning & Zoning Board and the final plats are required for legal reasons, for Council's approval. This should be so by ordinance and, - 18 - 10/10/77 if the ordinance requires it, he would~respectfuily request that the ordinance be changed. Mr. Chapin stated he is concerned to some extent about water but this City's Administration has made a full and adequate disclosure about the capacity of water. If there is not an adequate capacity of water, the City cannot be blamed because the City has been candid, forthright and outward in its issuance of capacity of water. Mayor Scheifley asked the City Attorney and the City Manager if this could be referred to workshop for discussion on the possibility and advisability of eliminating Council approving preliminary plats. The City Manager stated this can go to workshop; however, there is one big advantage of doing it the way it's been done. If a sizeable developer comes along with a preliminary plat and Council stops it or slows it down at this stage, then he does not have to put a lot of time and effort toward developing the final plat; whereas, the first time Council sees it would be after it is a closed book and, if there is a change or Council turns it down, it would be after a lot of time and money has been put into it. Mr. Chapin stated that this could just as well be handled by the Planning & Zoning Board. It was decided that this will be discussed at a workshop meeting. Another question Mayor Scheifley asked to be scheduled for workshop is, does Council want to consider the subject of water adequacy in every building permit. This too, was acknowledged to be scheduled for workshop. 9.b. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 27th, recommended by unanimous vote, that the preliminary and final plat approval request of Pines of Delray West, located at the northwest corner of the intersection of Homewood Boulevard and Linton Boulevard be approved, subject to com- pliance with the requirement of the South Florida Water Management District as stated in their permit dated August llth. Mr. Randolph moved that Council sustain the recommendation of the Planning & Zoning Board subject to compliance with the require- ments of the South Florida Water Management District, seconded by Mr. Sanson. Said motion passed unanimously. Before roll call Mr. Chapin asked the criteria for approving or disapproving a plat. The City Attorney replied that the criteria is primarily a technical criteria in terms of the streets, the utilities and various other requirements pertaining to the layouts, etc. Mr. Chapin asked the City Attorney to send members of Council the ordinance that relates to approval of preliminary plats. This was acknowledged by the City Attorney. ' 9.c. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 27th, recommended by unanimous vote that the site plan modification request of Lake Delray Apartments, located on the north side of Audubon Boulevard between Dotterel Road, and Lindell Boulevard be approved as a minor modification. The modi- fication is an addition to the activity room for general activities. Attorney Emerson Allsworth stated that this modification is just a four wall extension of the room which does not involve plumbing or appliances involved. Mr. Sanson moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Randolph. Said motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 27th, recommended by unanimous vote that the site plan modification request of Imperial Villas, located at the - 19 - 10/10/77 southeast corner of the intersection of Lowson Boulevard and Dover Road be approved as a minor modification. The modification is to allow the enclosure of two water pumps. Mr. Chapin moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Randolph. Said motion passed unanimously. 9.e. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 27th, recommended by unanimous vote that the preliminary and final plat request of Evergreene Subdivision (Hamlet - Phase VII) be approved, subject to the sidewalk requirement being waived on both sides of the street° Upon question by Mr. Sanson it was noted that the density of this property is two units to an acre. Mr. Chapin moved that Council sustain the recommendation of the Planning & Zoning Board regarding the preliminary and final plat approval for Evergreene Subdivision (Hamlet - Phase VII), seconded by Mr. Randolph. Said motion passed unanimously. 9.f. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 27th, recommended by unanimous vote that the preliminary plat request of Delray Oaks, located at the northwest corner of the intersection of Congress Avenue and the C-15 Canal, be approved, subject to the following: (1) Compliance with the requirements of the City Engineer, as stated in his September 1st memo; (2) Compliance with the requirements of the South Florida Water Management District, as stated in their permit dated September 8th. A second motion passed unanimously, recommending that the final plat be approved, subject to compliance with the requirements of the City Engineer as stated in his September 1st memo. A third motion passed unanimously, recommending that the site plan modification be approved as a minor modification. Mr. Tanner stated that when he turned the original site plan in and it went to Engineering, there were a couple of buildings they wanted turned around to make them conforming so that one wouldn't overlap the other. It was noted that this property is not in conformance with the Land Use Plan. The City Attorney noted that it is in conformance with the recommendation of the Planning & Zoning Board as they pertain to the Land Use Plan and the zoning matter. The City Attorney stated that the current zoning on this property is RM15 and this site plan conforms with the current, existing, zoning on the property. He noted that what came up before was that between the time that the designation was put on the Land Use Plan and the time that it was actually adver- tised for hearing, things had taken place - Mr. Tanner had applied and did have an approved site plan. It was felt by the Board that the density be the same that they were proposing, which was ten units to the acre, reducing it from RM15 but that they would not require Mr. Tanner to completely redo his plans to conform with PRD-10 but will permit RM10. Mr. Chapin moved that Council sustain the recommendation of the Planning & Zoning Board regarding the preliminary, final, and minor site plan modification relating to Delray Oaks, seconded by Mr. Randolph. Said motion passed unanimously. 9.g. The City Manager reported that the Planning & Zoning Board, at a meeting held on August 16th, recommended by unanimous vote that the site and development plan request of Costa Del Rey (Phase II), located south of Del-Harbour Drive (if extended east), between A1A - 20 - 10/10/77 and the ocean, be approved subject to ~he following: (1) Compliance with the requirements of the Community Appearance Board as stated in their July 15th letter; (2) Approval of the City Attorney's office as to documentation pertaining to common areas. (3) A time limitation of 18 months be set for development of the project. This was tabled at the workshop meeting on September 6th for applicant to resolve dispute with residents. The Mayor stated that someone called his office last week stating that they had resolved their differences and promised to bring a letter stating this but they have not yet done so. The City Attorney stated he spoke with Mr. John Mackey, the Attorney representing the homeowners who have raised the problem, and he said they have resolved the differences and they have an agree- ment that the additional property on which the improvements encroached will be conveyed to the association; therefore, he sees no reason to hold up the approval. The City Attorney stated that in the event that Council wants to go ahead and approve this, he recommends one condition, that the applicant submit corrected surveys indicating the correct boundaries of the property after the conveyance. Mr. Chapin moved that Council sustain the recommendation of the Planning & Zoning Board granting site plan and development approval of the Costa Del Rey (Phase II), subject to the conditions as outlined in tonight's agenda in the preface under item 9.g. and subject to the applicant submitting a corrected survey on subject property, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mayor Scheifley - Yes. Said motion passed with a 3 to 1 vote. Before roll call Mr. Sanson stated that on the landscape notes, the entire attention of the CAB plus the State laws and every- thing else is to insure that when building takes place on the beach, that you preserve that natural dune and natural vegetation and he questions who is to decide. Mr. Sanson asked the City Attorney, legally, what is the situation to enforce the natural vegetation so that they will not be cleared out by the developer. The City Attorney stated that you have the recommendation of the Planning & Zoning Board which apparently includes language in it that expresses the intention that it is to be preserved where practical and it will be left to the enforcing authority as to whether or not, in a given situation, it is practical. Mr. Sanson asked Mr. Chapin if he would amend his motion to consider verbage along the lines that the site plan would be approved on the condition that the existing vegetation will remain unless specific permission is given from the City Administration to remove it within the beach area? Mr. Chapin stated that he is sympathetic with Mr. Sanson's intent but his legal training would preclude him from that because there is a site plan ordinance which lays out the criteria 1-20 and unfortunately, right now, is not law; therefore, it is not enforceable and he is reluctant to impose an unlawful and unenforceable requirement that cannot be backed up legally. 11. Mayor Scheifley noted that Dr. Eschenburg and his wife, members of the Morikami Museum Advisory Committee, are going to Japan on a bonsai trip and are leaving around November 1st. He stated it would be very nice if the City could think of something to give Dr. Eschenburg to present to the City of Miyazu. - 21 - 10/10/77 10. The City Manager recommended that Council authorize payment of the City's bills. Mr. Chapin questioned the payment of $100,000 to Barnett Bank, payment of $41,625.55, $14,923.53 and $50,000 to Sun First National Bank and why the City is making out a check to the City for $1,553.99. Mr. Sanson stated he would like an explanation of the payment of $50,030.01 to Hardrives of Delray Inc. The City Manager stated he would get back 'to Council an explanation of these payments. Mr. Chapin moved that Council authorize payment of the City's bills, seconded by Mr. Sanson. Said motion passed unanimously. General Fund ............... $477,828.46 Water and Sewer Fund ........... 171,429.41 Utility Tax Fund ............. 65,000.00 Beach Restoration Fund .......... 15,725.00 Fed Public Works Grant Fund ....... 146,077.50 Mr. Chapin moved, at 10:15 P. M., for .the adjournment of the meeting, seconded by Mr. Randolph. Said motion passed unanimously. ~ ~ - Cit~ Clerk rsigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of October 10, 1977 which minutes were formally approved and adopted by the City Council on ~.. ~ ./~7~ . 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. - 22 - 10/10/77