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11-14-77 NOVEMBER 14, 1977 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P. M., Monday, November 14, 1977 with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, Assistant City Attorney Clifford Shandy and Council members Robert D. Chapin, Aaron I. Sanson, IV, and Leon M. Weekes, present. Councilman David E. Randolph was absent. 1. The opening prayer was delivered by Dr. Frederick Bush of St. Paul Episcopal Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Sanson moved for the approval of the minutes of October 24, 1977, seconded by Mr. Weekes. Said motion passed unani- mously. 4.a.1. Mr. Sanson stated that on August 23rd the City Manager gave Council a copy of a memo written to Mr. Kotulla asking that he prepare a map reflecting the locations of property outside the City that the City is providing water and sewer to. To this date there has been no further word on this-and Mr. Sanson requested that the City Manager look into this and get back to Council. This was acknowledged by the City Manager. 4.a.2. Mr. Sanson stated he saw an article in the latest "Date-O-Gram" from the Florida League of Cities regarding their pooled self-insurance fund for workman's compensation an~ inviting cities to join their fund. He stated he did not know whether or not this could have potential for the City's consideration or not; they claim that there will be a 15 percent savings. Mr. Weekes stated that, in theory, such a pool is a great 'idea, especially if you happen to have a debit workman's compensation rating, which the City of Delray Beach has had for many years up ' until the last year. Presently, the City of Delray Beach is experi- encing, under the standard workman's compensation program, a credit rating which means that the premium is reduced by some percentage factor because of good experience and as long as the City is moving in that direction, Mr. Weekes stated he would be a little reluctant to enter the pool because the first cities which are going to enter the pool are those which are being debit rated; it's an alternative should the City's experience turn sour but, at this time, it would be unwise to pursue it. 4.a.3. Mr. Sanson stated he would like to suggest, for consid- eration at a future workshop meeting, the status of some of the activities of the~ City's Housing Authority. It appears that therel seems to be a stalemate and that little progress is being made right now. Mr. Sanson stated he feels that Council has not been kept well abreast of the Housing Authority's activities and that should be a responsibility of the authority to let Council know their activities; it should also be Council's responsibility to help out anyway they can in support to the Housing Authority. Therefore, Mr. Sanson requested that the'City Manager contact the Executive Director or Chairman of the Housing Authority and ask that Council be supplied with a detailed and full report of the status of the Stewart Arms project and then discuss this report with the representatives of the Housing Authority at a future workshop to see whether or not there is anyway Council can be of assistance in getting this off dead center. Mr. Chapin suggested having a workshop after receiving the report and analyzing it; this was agreeable with everyone. 4.a.4. Mr. Sanson stated he was extremely disappointed in the ~eports that have come out in the press relative to Chief Cochran's actions relating to a couple of members of the Police Departmento One headline in the paper said the case was closed; Mr. Sanson stated he is afraid that is not going to be the case. Some irrepairable 1,00 damage has been done in the areas of morale in the department and there are members of the Justice Department that are actively investigating this and, supposedly, will arrive in Delray towards the end of the week to investigate the entire situation. He stated his answer would be to paraphrase the editorial in today's Palm Beach Post that "sorry" is the best word to describe Chief Cochran's handling of the controversy. 4.b.1. Mayor Scheifley proclaimed the week of November 18 through the 24, 1977 "FARM-CITY WEEK". Mayor Scheifley proclaimed the week of November 20 through the 27, 1977 "BIBLE WEEK". 4.b.2. Mayor Scheifley reported that "Beverly Ann", the dredge and "Donna Marie", the tug which is pulling it, left New Jersey on November 12th and should arrive on either November 19th or Monday, November 21st. 5. There were no public requests from the floor. 6.a. The City Manager reported that at a meeting held by the Board of Adjustment, after Council's last regular meeting, recommend- ed, again, that Council adopt the Rules of Procedure which are the same rules that Council has been previously furnished, with the deletion of all fees. Mr. Chapin moved for Council to approve the Rules of Procedure for the Board of Adjustment without the fees, seconded by Mr. Weekes. Said motion passed unanimously. 6.b. Mayor Scheifley presented a City Service Award to Theodore L'. Poole, Jr., who has been a member of the Planning & Zqning Board from 1967 to 1977, for his dedication and devotion to the City. 6.c. The City Manager reported that as discussed at the work- shop on November 7th, Council is to consider authorizing the reten- tion of Mr. Charles Anderson to investigate the water treatment plant 'filter rate study at a fee not to exceed $5,000. Target date for submission of the report is December 31, 1977. Mr. Chapin moved for Council to authorize the City Administration to engage the services of Mr. Charles Anderson to investigate the filtration rate in the water treatment plant at a cost not to exceed $5,000, seconded by Mr. Sanson. Said motion passed unanimously. Before roll call Mayor Scheifley asked the City Manager from what source will the sum of $5,000 come and the City Manager replied, the water and sewer fund. 6.d. The City Manager reported that the following quotations have been received for Sanitary. Sewer Improvements, Round II: BIDDER QUOTATION Bumby & Stimpson, Inc. $442,312.55 Orlando Sharp Construction Company 446,562.00 Palm Coast Both quotations were in excess of the grant amount of $416,000 approved for construction. He stated his recommendation is to award the contract to the low bidder, Bumby & Stimpson, Inc. in the amount of $442,312.55 with the approval of Change Order No. 1 being given by Council simultaneously which would reduce the contract amount to $364,253.05. The reason being: (1) the low bid came in at a higher figure than the grant funds would cover and it is, therefore, necessary to reduce the scope of the project; (2) this has been - 2 - r 11/14/77 1(11 cleared with EDA and it is the way the City has awarded contracts similar to this situation in the past and is less likely to cause difficulty than awarding a contract for a lower amount than that which a bid is submitted. Mr. Chapin moved that the City Administration be authorized to accept the low bid from Bumpy & Stimpson, Inc., in the amount of $442,312.55 with the simultaneous Change Order No. 1 to reduce the actual amount of the contract to $364,253.05 and subject to the approval of the City Attorney as to form, seconded by Mr. Weekes. Said motion passed unanimously. Before roll call Mr. Sanson stated that in view of the fact that Bumby & Stimpson, Inc, is going to be awarded this work, it appears that this firm is going to be around town for quite some- time in the future. He requested that the City Manager consult with the firm to find out if there is anything they can do to improve the appearance of the area in which they are storing their vehicles and conducting their business located on the south end of Swinton Avenue. This place is beginning to look very unkept and it looks like they are taking .advantage of that to store their own personal recreational vehicles and boats and other various materials. There has been some question as to whether or not they are allowed to be there as this is a residential neighborhood. 6.e. The City Manager reported that Council informally agreed, at the November 7th workshop meeting, to approve an additional cost to the Beach Bathhouse of $3,725. Sufficient funds presently exist in the funds provided for this improvement. Mr. Sanson moved for approval to be given to spend an additional $3,725 to the construction of the Beach Bathhouse with the understanding that the City Attorney will use all diligent efforts to recoup any expenses and any attorney fees that may be incurred as a result of this litigation, seconded by Mr. Weekes. Said motion passed unanimously. 6.f. The City Manager reported that at the September 12th 'meeting, Council passed Resolution No. 47-77 requesting permission from the Board of County Commissioners to rezone a parcel of land south of the Lateral 32 Canal, between Military Trail and Barwick Road, to be annexed from AG (Agricultural) (County) to RM-6 (Multiple Family Dwelling) District (City). A resolution was adopted by the Board of County Commissioners on October 18th approving density change for the property to be annexed to the City. It is recommended that the City Attorney be directed to prepare the ordinance effecting the annexation. Mr. Weekes moved that the City Attorney be instructed to prepare the ordinance effecting the annexation of the land south of the Lateral 32 Canal, between Military Trail and Barwick Road from AG (County zoning) to RM-6 (City zoning), seconded by Mr. Sanson. Said motion passed unanimously. 6.g. The City Manager reported that it is recommended that ~ouncil approve execution of an agreement with Palm Beach County CETA for workers to complete three special projects of one year's duration, ending June 12, 1978: (1) beach clean-up, (2) West Side clean up and (3) hydrant and street sign revitalization. This is the formal letter agreement between the City and the County with regard to this particular program, which is three-fold. Mr. Chapin moved that Council approve the execution of agreement with Palm Beach County CETA for workers, to complete special projects ending June 12, 1978 for the clean-up of the beach, clean-up of the west section of the Community, hydrant and street sign revitalization, all subject to approval of the form by the City Attorney, seconded by Mr. Sanson. Said motion passed unanimously. - 3 - '11/14/77 .1.02 Before roll call Mr. Sanson stated he hopes the hydrant project could be expanded to mean painting of the curb areas in town. The City Manager stated that that is a part of the program wherever it is needed. 6.h. The City Manager reported that pursuant to workshop discussion on November 7th, it is recommended that Council approve submission of the following items, listed in priority order, to the County and ask that they be funded during the next three years under the Community Development Program, with the understanding that the list is subject to alteration as advised by Community Develop- ment officials: 1. Street and Alley Improvements 2. Sidewalks/Bicycle Paths 3. Fire Hydrants 4. Street Lighting 5. Traffic Control Signalization 6. Land Purchase (for recreation) 7. Trees and Landscaping (residential streets) 8. Fire Training Facility 9. Sprinkler System and Landscaping (Catherine Strong Center) 10. Sprinkler System (Atlantic Avenue - 1-95 Parks) 11. Air Conditioning (Civic Center) 12. Pompey Park Building (Completion) 13. Senior Citizens Bus Mr. Weekes moved that Council approve the list as presented by the City Manager in which Council discussed at the work- shop on November 7th, seconded by Mr. Sanson. Said motion passed unanimously with _the amendment that number 3 becomes number 4 and vice versa and number 5 becomes number 6, vice versa. Before roll call Mr. Chapin asked the City M~nager that in approving this list will Council also be approving it as to priority; the City Manager stated that that was his recommendation; however, if Council wants to talk about a different priority they may do so. Mr. Chapin suggested that Street Lighting becomes number ~ 3 and Fire Hydrants becomes number 4 and Land Purchase becomes number 5 and Traffic Control Signalization becomes number 6. Mr. Sanson stated that under item 6, Land Purchase (for recreation), he would like to ask the City Manager to give some consideration to converting the land, located directly across the street from the Plice Department and next to the ball field, into a soccer field and all the City would have to do is provide some decent sod and some leveling of the ground which would be very minimal in cost. The City Manager stated that every year he has been in Delray they have attempted to budget money for that, which is an extension of Sterling Field. At long last, there is money in the current budget for very minimal first phase development of this site. There are two reasons this is b~ing done this year (1) the same age old reason for needing to begin developing it and (2) the complaint received from residents near an old sandlot type field where there was a baseball backstop near the Scout Hut property and the residents who were complaining about balls occasionally going in their yards, were told that that backstop would be relocated to the Sterling Field property. 7.a. The Mayor acknowledged the minutes ~of the Beautification Committee for its November 2, 1977 meeting. He stated that there was Council action requested on the parking spaces and landscaping of the lot south of Worthing Park and at a workshop this was satis- factorily resolved. The other action in which Council's Attention is requested is the legality of the Palermo Realty on the benches in town. The Assistant City Attorney noted that this has been checked out and - 4 - 11/14/77 103 there is work being done; they have been considered "off premise" signs and the proper steps are being taken to have no advertising on the benches at all. Mr. Sanson asked if a motion from Council would be needed to justify the action and the Assistant City Attorney replied, not at this time. 7.b. The City Manager reported that a communication has been received from South County Foster Parents Association requesting per- mission to solicit funds from December 5th through December 16, 1977, approval of which is recommended by the Solicitations Committee. Mr. Sanson moved that approval be given to the South County Foster Parents Association to solicit funds from December 5th through December 16th, seconded by Mr. Chapin. Said motion passed unanimously. 7.c. The City Manager reported a communication has been received from American Legion Auxiliary Unit No. 65 and Unit No. 188 requesting permission to solicit funds on February 24, and 25, 1978, approval of which is recommended by the Solicitations Committee. Mr. Weekes moved for the approval of the American Legion Auxiliary Unit No. 65 and Unit No. 188 to solicit funds on February 24 and 25, 1978, seconded by Mr. Chapin. Said motion passed unani- mously. 7.d. The City Manager reported that a communication has been received from Daughters of Zion Seventh Day Adventist Church requesting permission to solicit funds from November 12 through 26, 1977, approval of which is recommended by the Solicitations Committee. The ordinance does not permit the solicitation of funds on holidays and since November 24th is Thanksgiving, if Council wishes to make the approval, they can do so with the exception of that day. . Mr. Sanson moved that approval be given to the Daughters of Zion Seventh Day Adventist Church to solicit funds from November 12 through November 26, 1977 with the exception of November 24th, seconded by Mr. Weekes. Said motion passed unanimously. Before'roll call Mr. Sanson noted that there is not a ~member of Council on the Solicitations Committee and questioned whether there should be and suggested that someone look into this. 7.e. The City Manager reported that a communication has been received from the Area Planning Board dated October 21st, requesting A-95 Clearinghouse review and comments relative to the Palm Beach County Board of County Commissioners Domestic Assault Assistance Project application for LEAA funds to assist victims of domestic assault. The Area Planning Board office was called on November 7th and advised that the City Manager gave his approval and that the item would be on tonight's agenda for Council action. Mr. Weekes moved that Council ratify the action of the City Manager as to item 7.e. of tonight's agenda, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 3 to 1 vote. 7.f. The City Manager reported a communication has been received from the Area Planning Board dated October 21st, requesting A-95 Clearinghouse review and comments relative to the Palm Beach County Board of County Commissioners Continuation Funding for Metro- politan Criminal Justice Planning Unit application for LEAA funds to provide technical assistance of criminal justice agencies. The Area Planning Board office was called on November 7th and advised that the City Manager gave his approval and that the item would be on tonight's agenda for Council action. Mr. Chapin moved for the ratification of the City Manager's approval of the continuation of funding for Metropolitan Criminal Justice Planning Unit application funds, seconded by Mr. Weekes. - 5 - i1/14/77 Said motion passed unanimously. 7.g. The City Manager reported that a communication has been received from the Area Planning Board dated October 24th, requesting A-95 Clearinghouse review and comments relative to the Palm Beach County Board of County Commissioners Criminal Justice Information System application for LEAA funds to review and update Palm Beach County's Criminal Justice Information System Plan. The Area Planning Board office was called on November 7th and advised that the City Manager gave his approval and that the item would be on tonight's agenda for Council action. Mr. Chapin moved that Council ratify the action of the City Manager's approval of Criminal Justice Information System appli- cation for LEAA funds, seconded by Mr. Sanson. Said motion passed unanimously. 7.h. The City Manager reported that a communication has been received from Mr. Nathan Miller requesting an extension of 60 days to January 1, 1978 for final plat approval of Homewood Lakes Subdivision (Section A) on the south side of Atlantic Avenue between Dover Road and Homewood Boulevard. Council may either approve this request or refer to the Planning & Zoning Board for study and recommendation. Mr. Sanson noted that the Planning & Zoning Board is having a meeting tomorrow night and, therefore, moved that this item be referred to the Planning & Zoning Board, seconded by Mr. Chapin. Said motion passed unanimously. 8.a. The City Manager reported that it is recommended that Resolution No. 62-77, accepting lift station and gravity sewer main ih High Point of Delray, Section 5, be approved as operational. The City Manager presented Resolution No. 62-77: A RESOLUTION OF THE'CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING THE LIFT STATION AND GRAVITY SEWER MAINS IN HIGH POINT OF DELRAY SUBDIVISION, SECTION 5, LOCATED NORTH OF DELRAY WEST ROAD, SOUTH OF LAKE IDA ROAD, AND EAST OF BARWICK ROAD, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWER SYSTEM. (Copy of Resolution No. 62-77 is on file in the official Resolution Book.) Mr. Weekes moved fo~ the passage of Resolution No. 62-77, seconded by Mr. Sanson. 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. 8.b. The City Manager reported it is recommended that Resolu- tion No. 63-7~, accepting sanitary sewer extensions in Pines of Delray West Subdivision, be approved as operational. The City Manager presented Resolution No. 63-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING EXTENSIONS OF SANITARY SEWERS INSTALLED IN PINES OF DELRAY WEST SUBDIVISION, IN THE SOUTHWEST CORNER OF SECTION 19, TOWN- SHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED - 6 - 11/14/77 105 IN PLAT BOOK 33, PAGES 147 AND 148 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING SHE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWER SYSTEM. (Copy of Resolution No. 63-77 is on file in the official Resolution Book.) Mr. Sanson moved for the passage of Resolution No. 63-77, seconded by Mr. Weekes. 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. 8.c. The City Manager reported that Ordinance No. 71-77, amending Chapter 15 of the Code of Ordinances relative to nuisance abatement, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 71-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15 "HEALTH AND SANITATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTIONS 15-2 .THROUGH 15-9 AND SECTION 15-12 AND ENACT- ING IN LIEU THEREOF NEW SECTIONS 15-2 THROUGH 15-9 AND SECTION 15-12 PROVIDING FOR NUISANCE ABATEMENT, HEARING PROCEDURE, ENFORCEMENT PROVISIONS AND COLLECTION OF COSTS PROVISION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 71-77 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. Chapin moved for the adoption of Ordinance No. 71-77 on Second and FINAL Reading, seconded by Mr. Sanson. 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. 8.d. The City Manager reported that Ordinance No. 72-77 is before Council for passage consideration on Second and FINAL Reading. This ordinance will amend Ordinance No. 61-77 which amended Chapter 29 "Zoning" of the Code of Ordinances relative to zero lot line developments. This ordinance was passed on First Reading at the October 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 72-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 61-77 WHICH AMENDED CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES SECTIONS 29-6 RM-6(P), 29-7 RM-10(P), 29-8 RM-15(P), 29-8.1 PRD-4(R), 29-8.2 PRD-7(R), 29-8.3 PRD-10(R) SPECIAL REGU- - 7 - 11/14/77 LATIONS BY ADDING THE WORDS "IN ZERO LOT LINE DEVELOPMENT"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 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. Weekes moved for the adoption of Ordinance No. 72-77 on Second and FINAL Reading, seconded by Mr. Chapin. Before roll call Mr. Sanson noted that some verbage had been added in the ordinance and asked Mr. Carey to once again explain why garages are exceptions to this new verbage. Mr. Carey stated that, if the garage is attached to the building, it is a zero lot line building; it would be an extension of the building whereas a swimming pool is considered a structure. Mr. Sanson noted that the ordinance states garages,whether attached or unattached, and stated that the way he reads it is that garages do not have to comply with any of the setbacks; Mr. Carey stated this is correct, if the garage is attached. Mr. Carey noted that something had been changed in the ordinance because their intent was that, if a building was a free standing building, it would have to meet all setbacks other than the principal structure. Mr. Sanson stated that it seems that perhaps this was not the intent of the Planning & Zoning Board and it might be well to have this ordinance sent back to the Planning & Zoning Board for their consideration. Mr. Sanson moved that Ordinance No. 72-77 be tabled at this time and referred to the Planning & Zoning Board, 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. 8.e. The City Manager reported that Ordinance No. 73-77, amending Chapter 29, Section 29-1 "Zoning" of the Code of Ordinances by adding zero lot line development, is before Council for passage consideration on Second and Final Reading. This ordinance was passed on First Reading at the October 24th meeting. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. In view of the discussion had on item 8.d. of tonight's agenda, it was noted by Mr. Carey that there has been a change in verbage in this ordinance also. Mr. Chapin moved that Ordinance No. 73-77 be tabled and referred to the Planning & Zoning Board for clarification, seconded by Mr. Sanson. 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. 8.f. 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. Council, at its meeting on October 10th, referred the matter to the Planning & Zoning Board for study and recommenda- tion. The ordinance has been revised to reflect the recommendation of the Planning & Zoning Board. This was discussed at the November 7th workshop meeting. - 8 - 11/14/77 107 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, BY AMENDING SECTION 29-1 "DEFINITIONS" BY ADDING ZERO LOT LINE DEVELOPMENT; 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. 70-77 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. 8.g. The City Manager reported that Ordinance No. 79-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to the access dimensions of the off-street parking is before Council for passage consideration on First Reading. This ordinance modifi- cation was brought about by the construction of the parking lot at Worthing Park. The City Manager presented Ordinance No. 79-77: 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 29-18(B) (7) 'ACCESS DIMENSIONS (a); SECTION 29-18(C) (3) TO INCLUDE EMERGENCY VEHICLES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Manager stated that this ordinance was discussed ' at the last workshop meeting and this amendment is needed to correct, modify the present off-street parking ordinance, and, among other things, permit the orderly and proper construction of the parking lot at the Worthing Park. Mr. Chapin asked if this is in regards to Worthing Park - a one-way as opposed to two-way - the City Manager answered, yes. The City Manager stated that in reviewing the ordinance on the first page, both are crossed out - one-way traffic 24 ft, two-way traffic 24 ft and by just looking at this portion of the ordinance he would think that the two-way traffic at 24 feet should be left in and not crossed out. Upon his inquiry, he was told that another provision of the ordinance handles the two-way traffic situation and it is worded and drafted correctly. Mr. Sanson moved for the passage of Ordinance No. 79-77 on First Reading, seconded by Mr. Weekes. 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. 9.a. The City Manager reported that an application has been received from the HDV Construction Corporation '(Seymour Dubin) to annex a 1.17 acre parcel of land, subject to the RM-10 (Multiple Family Dwelling) District. The property is presently used for a trailer court, and the proposed use is for rentable apartments. The subject property is in Section 28-46-43, and is located on the east side of Frederick Boulevard, between Avenue "H" and Avenue "J". The Planning & Zoning Board, at a meeting held on October 18th, recommended by unanimous vote that the property be annexed subject to the RM-10 zoning district. This request is in conformance - 9 - 1'1/14/77 with the City's new Land Use Plan. No one appeared in opposition to this request. As discussed at the workshop on November 7th, Council may authorize the City Attorney to prepare a resolution to the Palm Beach County Board of County Commissioners requesting permission to rezone this property when annexed. This property is presently zoned RS (Residential Single Family) in the County. Mr. Chapin stated that it is either this item or the next item that the County Commissioner who represents this district, took affront at the City of Delray Beach for annexing in parcels at a higher density. Mr. Sanson has written a letter to the County Commissioners explaining the situation. Mr. Chapin suggested that before Council passes this ordinance, that there be a clear, under- standing communication to go along with it, perhaps by way of a cover letter from the Administration, explaining what is involved. If just the caption is read, it would appear that the City of Delray is trying to increase density, when the vast majority of this communi- ty knows that is not the case. Mr. Weekes stated he agrees in part with what Mr. Chapin said; however, according to the preface to the agenda the 3.416 acre parcel (item 9.b. of the preface agenda) which is suggested to be annexed as Specialized Commercial is presently zoned, partially, in the General Commercial District of the County and the balance is Single Family. He stated he does not believe, that under those conditions Mr. Medlen could accuse the City of increasing the density; it may be a valid point on item 9.a. Mayor Scheifley stated he agrees with the contents of Mr. Sanson's letter and he also agrees with Mr. Chapin in suggesting that, if Council _can do anything to get good cooperation with the County on these things, then they should pursue any means they can. Mr. Carey stated that the property Mr. Medle~ referred to in that news article was not this property; the property Mr. Medlen was referring to is a piece of property owned by Mr. Roberson on Florida Boulevard along side of Ralph Buick. Mr. Carey stated that one problem Council has and is creating is similar to the problem which was hotly debated at the ' public hearing last week and that's commercial on one side of the street and multiple family on the other side. That's not a problem, except that there is a deficiency in the ordinances when it comes to district boundary lines, which doesn't addresses itself to commercial. The classic example is the backend of the Boca Mall where they provide landscaping wall protection in the rear of the property facing residential property across the street; Delray has nothing in its ordinances to protect under a similar set of circum- stances. Mr. Sanson stated that when this was discussed and Mr. Carey's recommendations were brought before Council, the idea was supposed to have been that somewhere along the line somebody was going to address this specific problem of Federal Highway and Atlantic Avenue - perhaps set up a special district area with their own regulations and the rest of the City would benefit from increased district boundary lines. Upon question by the Mayor, Mr. Carey stated that he feels that a cover letter is essential in this instance. Mr. Weekes moved that Council accept the recommendation of the Planning & Zoning Board and instruct the City Attorney to prepare a resolution directed to the Board of County Commissioners seeking to annex this property along with a cover letter, as sug- gested by Mr. Chapin, and the property would be rezoned when annexed, seconded by Mr. Sanson. Said motion passed unanimously. - 10 - 11/14/77 109 Before roll call Mr. Sanson asked if the Board of City Commissioners sends back its permission to rezone this, then an ordinance is prepared to annex; if the Board does not give their permission the property remains the way it is unless the applicant wishes to come in at a comparable zoning for a period of two years and then the City gets to rezone it any way they want. This was acknowledged. 9.b. The City Manager reported that an application has been received from the HDV Construction Corporation (Seymour Dubin) to annex a 3.416 acre parcel of land, subject to the SC (Specialized Commercial) District. The property is presently used for a trailer camp, and the proposed use is for a leisure recreational bowling center. The subject property is in Section 28-46-43 and Section 29- ~46-43 is located on the east side of U.S. No. 1 between Avenue "H" and ~Avenue "J". The Planning & Zoning Board, at a meeting held on October 18th, recommended by unanimous vote that the property be annexed subject to the SC (Specialized Commercial) zoning district. This request is in conformance with the City's new Land Use Plan. No one appeared in opposition to this request. As discussed at the workshop on November 7th, Council may authorize the City Attorney to prepare a resolution to the Palm Beach County Board of County Commissioners requesting permission to rezone this property when annexed. This property is presently zoned in the County as GC (General Commercial) in part and RS (Residential Single Family) in part. Mr. Sanson moved that Council authorize the City Attorney to prepare a resolution to the Palm Beach County Board of County Commissioners requesting permission to rezone property as described and under item 9.b. when annexed and that a cover letter be attached, seconded by Mr. Weekes. Said motion passed unanimously. 9'.c. The City Manager reported that the Planning & Zoning Board, at a meeting held on October 25th, recommended by 'unanimous vote that the preliminary and final plat approval request of Currie Subdivision, located at the northwest corner of the intersection of N. E. 2nd Street and N. E. 1st Avenue be approved. Mr. Chapin moved that the preliminary and final plat request of Currie Subdivision be approved, seconded by Mr. Weekes. Said motion passed unanimously. 10. The City Manager recommended that Council authorize the payment of the City's bills. Mr. Chapin moved that Council authorize the approval of the City's bills, seconded by Mr. Sanson. Said motion passed unanimously. General Fund ............ $404,682.11 Federal Revenue Sharing Trust FND . 50,000.00 Cigarette Tax Fund ......... 4,500.00 Utilities Tax Fund ......... 3,990.00 Beach Restoration ......... 195,000.00 Water & Sewer Fund ......... 57,817.40 Before roll call Mr. Sanson asked the City Manager if he could give Council an explanation of the payment of $49,859.35 to Florida Power & Light Company - is it for one month, on page 2, check number 23173. Mr. Sanson stated that on Thursday,~ Council is having a workshop on the water expansion and, at this meeting, he would like for the City Manager to give Council an update on how much Jon C. Moyle has been paid. He noted that check number 23267, on page 3, 7th line from the bottom, is made out to Mr. Moyle in the amount of $2,186.11. These requests were acknowledged by the City Manager. - 11 - 11/14/77 Mr. Chapin moved, at 8:18 P. M., for the adjournment of the meeting, seconded by Mr. Weekes. Said motion passed unanimously. A 0 ED: The undersigned is the City Clerk of the City of Delray Beach and that the information provided-herein is the minutes of the meeting of said City Council of November 14, 1977 which minutes were formally approved and adopted by the City Council on ~.~a~? ..~ /~/-~t~ 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 amend- mants, additions, or deletions to the minutes as set forth above. - 12 - 1.1/14/77