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01-11-83 JANUARY 11, 1983 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:00 P.M., Tuesday, January i1, 1983. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Rabbi Samuel Silver of Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Blair moved for approval of the minutes of the regular meetings 'of December 7, 1982 and December 14, 1982 and the special meetings of December 2, 1982 and December 21, 1982, seconded by Mr. Bird. Said motion passed unanimously. 5.a. Marty Trau~er, 702 S.W. 28th Avenue, Boynton Beach, stated that he is here tonight with regard to a piece of property which he owns at 625 S.W. 20th Court in Delray Beach. Six or seven months ago during the construction of a sewer line on Congress Avenue they had to go back against the right-of-way and tore out a fence and hedge behind his condominium. Part of the contract stated that the contractor had to restore what he disturbed; the fence has been replaced but not the hedge. The condominium association has now received billings and he is here tonight requesting that the condominium be relieved of payment in the amount of $2,270.66 to H & H Engineering Company and that the hedge be replaced. The City Manager stated that both the fence and hedge were in a County right-of-way. This is a matter of interpretation of the contract as to whether the contractor was responsible for replacing something which was not on private property and which the County did not allow to be replaced on their property. When the contract says that they are to replace it and they were not allowed to replace it where it was, were the contractors, by the language of the contract, obligated to replace it somewhere else. Mr. Bird stated that the City Attorney will have to look into the wording of the contract and come back to Council with a recom- mendation. 5.b. There were no Non-Agenda items by Council. 5.c. There were no Non-Agenda items by the City Attorney. 5.d. There were no Non-Agenda items by the City Manager. 6. Mr. Bird moved to approve the agenda, seconded by Mr. Blair. Said ]notion passed unanimously. PUBLIC HEARINGS 7. Ordinance No. 74-82 - Mirandi Annexation. Ordinance No. 74-82, relative to annexing a parcel of land located north of Atlantic Avenue West, between Barwick Road and High Point Boulevard, subject to GC (General Commercial) District (Arthur and Helen Mirandi, applicants), is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 74-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 74-82 is on file in the official Ordinance Book) The City Attorney 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. Bird moved for the adoption of Ordinance No. 74-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 101-82 - Exxon Annexation. Ordinance No. 101-82, relative to annexing a parcel of land located at the northeast corner of Atlantic Avenue and Congress Avenue, subject to GC (General Commercial) District, (Exxon Company, U.S.A., applicant), is before Council for consideration on Second and FINAL Reading. Prior to consid- eration 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. 101-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 101-82 is on file in the official Ordinance Book) The City Attorney 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. Blair moved for the adoption of Ordinance No. 101-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 2 - 1/11/83 9. Ordinance No. 103-82 - Brandt-Von Essen Annexation. Ordi- nance No. 103-82, relative to annexing a parcel of land located on the east side of S.W. 4th Avenue, between Southridge Road and Linton Boule- vard, subject to LI (Light Industrial) District, (George A. Von Essen and Thomas E. Brandt, applicants), is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearin'g has been sched- uled to be held at this time. The City Manager presented Ordinance No. 103-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 103-82 is on file in the official Ordinance Book) The City Attorney 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. Bird moved for the adoption of Ordinance No. 103-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 104-82 - Eubank Annexation. Ordinance No. 104-82, relative to annexing a parcel of land located south of N.W. 22nd Street, between N.W. 3rd Avenue and N.W. 4th Avenue, subject to R-1AA (Single Family Dwelling) District, (Richard C. Eubank, applicant), is before Council for consideration on Second and FINAL Reading. 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. 104-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 26, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 104-82 is on file in the official Ordinance Book) The City Attorney 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. Bird moved for the adoption of Ordinance No. 104-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 3 - 1/11/83 11. Ordinance No. 105-82 - Levying Assessments - S.E. 1st Avenue from S.E. 8th Street to S.E. 9th Street. Ordinance No. 105-82, levying assessments for construction of pavement to serve the unpaved portions of S.E. 1st Avenue from S.E. 8th Street to S.E. 9th Street, is before Council for consideration on Second and FINAL Reading. Prior to consid- eration 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. 105-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE ROADWAY PAVING OF S.E. lST AVENUE FROM S.E. 8TH STREET TO S.E. 9TH STREET, CITY OF DELRAY BEACH, FLORIDA. (Copy of Ordinance No. 105-82 is on file in the official Ordinance Book) The City Attorney 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. Blair moved for the adoption of Ordinance No. 105-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 106-82 - Zoning Ordinance Amendment - Building Setbacks. Ordinance No. 106-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building setbacks, is before Council for consideration on Second and FINAL Reading. 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. 106-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING SECTION 30-6 "RM-6 MULTIPLE FAMILY DWELLING DISTRICT" (F) BUILDING SETBACKS; SECTION 30-7 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT" (F) BUILDING SETBACKS AND SECTION 30-8 "RM-15 MULTIPLE FAMILY DWELLING DIS- TRICT'' (F) BUILDING SETBACKS AND ENACTING A NEW SECTION 30-6 (F), SECTION 30-7 (F) AND SECTION 30-8 (F) RELATIVE TO ESTABLISHING SPECIAL SETBACKS FOR MULTIPLE FAMILY STRUCTURES WHEN ABUTTING A SINGLE FAMILY DISTRICT; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 106-82 is on file in the official Ordinance Book) The City Attorney 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. Blair moved for the adoption of Ordinance No. 106-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 4 - 1/11/83 13. Ordinance No. 107-82 - General Employees Pension Plan. Ordinance No. 107-82, designating the Sun Bank as Successor Trustee for the General Employees Pension Plan providing for the amendment of retire- ment trust, is before Council for consideration on Second and FINAL Reading. 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. 107-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SUN BANK, N.A., AS SUC- CESSOR TRUSTEE FOR THE GENERAL EMPLOYEES PENSION PLAN, AS SET FORTH IN CHAPTER 18, "PENSIONS AND RETIREMENT" , ARTICLE IV, "PENSIONS FOR GENERAL EMPLOYEES"; PROVIDING FOR AMENDMENT TO THE RETIREMENT TRUST FOR EMPLOYEES OF THE CITY OF DELRAY BEACH RELATIVE TO RETENTION AND INVEST- MENT OF TRUST ASSETS; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Ordinance No. 107-82 is on file in the official Ordinance Book) The City Attorney 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. Bird moved for the adoption of Ordinance No. 107-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA Mr. Bird requested that item 14. be removed from the consent agenda and made the first item of the regular agenda. The following items are to be considered as the Consent Agenda: 15. Easement for Public Works Complex. Council is to consider granting a 10-foot easement to Florida Power and Light Company to pro- tect the new electrical system at the Public Works Complex. Approval is recommended. 16. Amendment to Bylaws of the South Central Regional Wastewater Treatment and Disposal Board to Change the Date of Election of New Of- ficers from the January Quarter-Annual Meeting to the April Quarter An- nual Meeting. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. Council is to consider ratifying the action of the Board. This was approved unanimously by the SCRWTD Board. 17. Site and Development Plan Approval - Falls of Delray. Council is to consider approving the site and development plan for Falls of Delray, located south of Dotterel Road, if extended east, between Jaeger Drive and the F.E.C. Railroad. This was approved unanimously by the Planning and Zoning Board, subject to the following conditions: - 5 - 1/11/83 (1) That development be completed in accordance with the approved site and development plans re: Falls of Delray, Delray Beach, Florida, prepared by Arthur V. Strock and Associates, Inc., 829 S.E. 9th Street, Deerfield Beach, FL 33441, Sheet 1 dated July 14, 1982, revised December 20, 1982, and Sheets 2 and 3 dated July 14, 1982, revised December 2, 1982; and prepared by Robert G. Currie, A.I.A., P.A., 355 N.E. 5th Avenue, Suite 6, Delray Beach, FL 33444, Sheet 1 dated August 18, 1982; and prepared by H. Kurt Kettlehut and Associates, 398 W. Camino Gardens Boulevard, Boca Raton, FL, Sheet 1 dated December 3, 1982; (2) Assistant City Engineer's memorandum of December 13, 1982; (3) Director of Public Utilities' memorandum of December 20, 1982; and (4) That development be completed within eighteen months. 18. Final Plat Approval - Sunset Pointe. Council is to con- sider approving the final plat for Sunset Pointe, located south of the intersection of Congress Avenue and S.W. 20th Court. This was approved unanimously by the Planning and Zoning Board. 19. Computer for Fleet Management Program. Council is to con- sider authorizing the award of a contract to the low bidder, Accurate Business Machines in the amount of $3,209 for an Apple II computer and software for the vehicle management program for Public Works inventory control, with funds to come from the 1982-83 Public Works budget. Approval is recommended. 20. Public %~rks Complex. Change Order No. 1, decreasing the contract price by Campanella Corporation in the amount of $6,725 for a total net contract price of $187,845, is before Council for considera- tion. This change order covers drainage, grading and paving. Approval is recommended. Mr. Bird moved for approval of the Consent Agenda with the exception of item 14, seconded by Mr. Blair. Said motion passed unani- mously. REGULAR AGENDA 14. Surveys for Sale of City Property. Council is to consider authorizing the award of a contract to O'Brien, Suiter & O'Brien, the low bidder, in the amount of $3,200 to perform surveys of surplus City property, with funds to come from proceeds of sale of land. Approval is recommended. Upon question by Mr. Bird, the City Manager stated that the properties to be sold are the same ones that Council previously looked at and there have been no changes made. Mr. Bird moved to approve the award of a contract to O'Brien, Suiter & O'Brien, seconded by Mr. Blair. Said motion passed unanimously. 21. Traffic Signal Agreements between the City and Palm Beach County. Council is to consider approving and authorizing execution of traffic signal agreements between the City and Palm Beach County for a period of 10 years for the intersections: S.E. 2nd Street and State Road 5 N.E. 8th Street and N.E. 2nd Avenue N.E. 22nd Street and N.E. 2nd Avenue The County will assume all installation, operational and maintenance responsibilities for the traffic control devices. Approval is recommended. - 6 - 1/11/83 The City Attorney stated that these are the same standard traffic signal agreements that the City eventually worked out with the County. They match the other ones that the City has for other inter- sections. Mr. Blair moved to approve and authorize execution of agree- ments, seconded by Mr. Bird. Before roll call Mr. Bird stated that a few of these agree- ments apply to the S.E. 2nd Street light. He feels that if the City ever does the repairs on 1st Street they are going to have to move the light on 2nd Street. He questioned whether they are creating a problem that they will have to unwind at a later date. The City Manager stated that as he understands the agree- ment, if the road was to be changed, or the lights needed to be up- graded~ then it would be the County's responsibility. If the City were to create one-way pairs and resignalization would be necessary because of that, then they would have to do it. It is not specifically men- tioned in the agreement but the County assumes total responsiblity for the traffic signals. Mr. Bird stated that if they did go to the one-way pairs then it would change the alternate routing to be 1st Street which would then eliminate the need for the light on 2nd Street. He would want some assurance to that particular point before approval. Mr. Bird moved to table this item until the next regular meeting and ask the Administration to investigate particularly the light at S.E. 2nd Street, seconded by Mr. Blair. Said motion passed unani- mously. 22. Sludge Removal - %~ter Treatment Plant. Council is to consider authorizing the award of a contract to HES Transport, Inc., the low bidder, for sludge removal for approximately $20,000 for fiscal 1983, with funds to come from the 1982-83 Water & Sewer Operating bud- get. The Department of Health & Rehabilitative Services has ordered the City to dispose of the sludge. Approval is recommended. Mr. Bird moved to award the contract to HES Transport, Inc., for approximately $20,000, seconded by Mr. Blair. Said motion passed unanimously. 23. Settlement Offer - John Schmidt. Council is to consider a settlement offer regarding the claim of John Schmidt in the amount of $8,700, with funds to come from the Self-Insurance Fund. Approval is recommended. The City Attorney stated that this item is an offer to settle a claim that is not currently in litigation. The claimant's attorney has offered to settle the matter in the amount of $8,700. It involves an incident in which a gentleman allegedly fell on the public beach and broke his leg. It has been investigated by the City insurance retention company of Gallagher-Bassett and, based on the review that they have, it is recommended that the City reject the settlement offer at this time. Mr. Bird moved to settle the claim of John Schmidt in the amount of $8,700, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Blair - No; Mr. Jackel - No; Mr. Perry - No; Mayor Young - No. Said motion FAILED by a 5 to 0 vote. 24. Gift Guide for Community Giving. Council is to consider approval of printing of a Gift Guide for Community Giving at a cost of $1,500, as requested by the Beautification Committee, with funds to come from the contingency fund. The City Manager stated that the funds for this item will come from the 1982-83 budget and not from the contingency fund. - 7 - 1/11/83 Nancy Mahler, Chairman of the Beautification Committee, stated that monies are not readily available to be able to accomplish a lot of the projects in Delray Beach and she is here tonight to request that Council approve the gift guide. Upon question by Mr. Perry, Mrs. Mahler stated that some people do not want dedication plates on the gifts they donate; they are going to leave it entirely up to the donor. She stated that recently they sent out 100 letters requesting money to be able to put palm trees on the beach; as of this date she has received 23 contributions. Mr. Bird stated that perhaps sending a letter would get more response than a Gift Guide as it is more direct and it shows that there is a certain project in mind. Mr. Blair stated that the letter which was sent out was very well received. He feels that if he had received a gift guide rather than a letter he would have looked at it, thought it was nice but not done anything about it; he would rather receive something definite which would be of interest to him. Mr. Bird stated that if the Beautification Committee were to target property, do the right kind of mailing and zero in on a project that the people they are mailing letters to should be interested in, then they will do far better. Mr. Bird moved to approve funding for a project to the amount indicated and ask that the Committee go back and rereview their position and the items they are offering, seconded by Mr. Blair. Said motion passed unanimously. 25. Consider Development Approval - Old Harbour (Richard Siemens Project). Council is to consider development approval. Mr. Richard Siemens stated that he has prepared an applica- tion for a major modification to a site plan approval. The City Attor- ney raised the question as to whether or not it was exempt from the height ordinance. He is not at the stage where he needs site plan ap- proval; in order to get there he has to go through the various steps that are provided in the ordinance. The City Attorney stated that the question which arose is that the footprint of the site plan which was before the City at the time the height ordinance was adopted is different than that which is proposed now. Secondly, the specific use of the property as defined under the zoning code would be different. The proposed use of the building is now for a life care facility, not a residential dwelling. Mr. Siemens stated that the issues being raised with respect to the modifications are irrelevant. When someone makes a major mod- ification to a site plan, there is a process which is called for under the ordinance, which one must go through in order to accomplish that. Mr. Bird stated that the question being asked tonight is what did Council mean at the time they agreed with the citizens, who said they wanted a four story height limitation, with regard to this property and the Seacrest Hotel property. Once they have decided that question then Mr. Siemens may do, as a major modification, what he wants as long as he goes through all the steps and gets the appropriate ap- provals. Mr. Bird moved that the property be considered for any minor or major site plan approvals against the height ordinances which were in effect preceding the current ordinance, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. - 8 - 1/11/83 Before roll call Mr. Perry stated that in reading the min- utes when this subject was previously discussed it was mentioned that the property was to be exempted. However, the ordinance mentions the project for which conditional use approval is required. If Council had it in their mind that the property should be exempted and not the pro- ject, then when the ordinance was finally passed it should have said property and not project. For this reason he has to go with the ordi- nance. At this point the roll was called to the motion. The meeting was recessed, the time being 8:10 P.M., and reconvened, the time being 8:15 P.M. 26. Contribution - Drill Tower and Burn Building. Council is to consider confirming a contribution in the amount of $2,000 for the drill tower and burn building to be constructed at South Technical Education Center, with funds to come from the contingency fund. Ap- proval is recommended. Mr. Bird moved to authorize contribution of $2,000 for the construction of a drill tower and burn building, funds to come from the contingency fund, seconded by Mr. Jackel. Said motion passed unani- mously. 27. Tamiami Tile Illegal Sign. Council is to consider a hear- ing relative to removal of an illegal sign on the rear of a building at 1085 S.W. 15th Avenue per Section 9-220 of the City Code. Upon question by Mr. Perry, the City Attorney stated that sign codes are not permitted to get variances from the Board of Adjust- ment. Council could modify the conditions and terms of the ordinance either by formal modification or they can suspend the application. Pursuant to Section 9-220 (B) (1) (f) of the Code of Ordi- nances, a public hearing was held with regard to the alleged sign viola- tion. Mel Pender~rass, Acting Chief Building Official, submitted to Council information relative to the City's allegation with regard to the violation. Mart¥ Hurley, representing Tamiami Tile, stated that permits have been issued for the signs; however, they were issued by the County. The County when confronted with the problem said they would refund the permit money to Tamiami Tile which in return would be given to the City. If the sign in violation has to be removed they will lose all their exposure from 1-95. She is here tonight asking if Council would con- sider issuing a special permit. Mr. Perry stated that it would be very difficult for anyone who did not know the City of Delray Beach to try and find Tamiami Tile. A 10 foot square sign, which is permitted, would not be visible from Lowson Boulevard. The ordinance states that the sign on the front of the building abutting a street may be 160 square feet. He suggested that maybe Council could assume the street that is abutting is 10th. Mr. Bird stated that what Mr. Perry has proposed would be applicable to every building that had a rear overlooking a right-of-way where they wanted to advertise. If the City were to grant relief to Tamiami Tile, they would have to justify why they would not grant it in the next case. The City Attorney stated that if Council modified the sign ordinance and included an exception for rear walls on properties which directly abut 1-95 and increase the square footage allowed then it would encompass this project. - 9 - 1/11/83 The City Manager stated that Council is considering two separate questions. The first one is whether or not the sign is in violation of the City code. There is an inclination on the part of Council to seek some kind of relief for Tamiami Tile. He suggested that if the City Attorney doesn't bridle at this, then Council, if they determine that it is in violation, should direct the Administration to stay enforcement for a set period of 90 days during which time they could refer this issue to the Planning Board for their consideration. The public hearing was closed. Mr. Bird moved to make a finding of violation, seconded by Mr. Jackel. Said motion passed unanimously. Mr. Bird moved that Council direct the Administration to stay the enforcement for a period not to exceed 90 days, seconded by Mr. Jackel. Said motion passed unanimously. 28. Ordinance No. 1-83 - Chan~in~ the City's Land Use Plan Designation. Ordinance No. 1-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property bounded by Avenue F on the north, the C-15 Canal on the south, Frederick Boulevard on the east and the FEC Railroad on the west from MF-10 (Multiple Fam- ily, 10 units per acre) to MF-6 (Multiple Family, 6 units per acre), is before Council for consideration on First Reading. If passed, public hearing will be held on January 25th. The City Manager presented Ordinance No. 1-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN SECTIONS 28 AND 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM MF-10 MULTIPLE FAMILY (10 UNITS PER ACRE) TO MF-6 MULTIPLE FAMILY (6 UNITS PER ACRE); AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 1-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 29. Ordinance No. 2-83 - Chan~in~ the City's Land Use Plan Designation. Ordinance No. 2-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property bounded by Avenue F on the north, the C-15 Canal on the south, Frederick Boulevard on the east and the FEC Railroad on the west from MF-10 (Multiple Fam- ily, 10 units per acre) to C (Commercial), is before Council for con- sideration on First Reading. If passed, public hearing will be held on January 25th. The City Manager presented Ordinance No. 2-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN SECTIONS 28, 29 AND 32, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM MF-10 MULTIPLE FAMILY (10 UNITS PER ACRE) TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 2-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 10 - 1/11/83 30. Ordinance No. 5-83 - Navilio Annexation. Ordinance No. 5-83, amending Ordinance No. 85-82 to delete Lot 11, Block 14, South- ridge Plat No. 2, is before Council for consideration on First Reading. The parcel of land is located east of S.W. 8th Avenue, between Benjamin Avenue and Linton Boulevard, subject to R-ia (Single Family Dwelling) District, (Michael J. Navilio, applicant). If passed, public hearing will be held January 25th. The City Manager presented Ordinance No. 5-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 1 OF ORDINANCE NO. 85-82 TO DELETE THE LEGAL DESCRIPTION OF LOT 11, BLOCK 14, SOUTHRIDGE PLAT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 5-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 31. Ordinance No. 6-83 - California Designs, Inc. Annexation. Ordinance No. 6-83, amending Ordinance No. 87-82 to correct the legal description, is before Council for consideration on First Reading. The parcel is located west of S.W. 8th Avenue between S.W. 12th Street and Dixie Boulevard, subject to R-la (Single Family Dwelling) District, (California Designs, Inc., applicant.) If passed, public hearing will be held on January 25th. The City Manager presented Ordinance No. 6-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 87-82 TO CORRECT THE LEGAL DESCRIPTION SET FORTH IN SECTION 1 THEREOF; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 6-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 32. Ordinance No. 7-83 - City Charter - Date of Elections. Ordinance No. 7-83, providing for Charter changes to Article V "Elec- tions'' of the City Charter to provide for changing the date of the City's first nonpartisan election from the first to the second Tuesday in March of each year, and for changing the date of the City's second nonpartisan election from the third to the fourth Tuesday in March of each year, is before Council for consideration on First Reading. If passed, public hearing will be held January 25th. The City Manager presented Ordinance No. 7-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE V, "ELECTIONS", SECTION 5.02(a), "TYPES OF ELECTIONS", OF THE CI?Y CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR CHANGING THE DATE OF THE CITY'S FIRST NONPAR- TISAN ELECTION FROM THE FIRST TO THE SECOND TUESDAY IN MARCH OF EACH YEAR, AND FOR CHANGING THE DATE OF THE CITY'S SECOND NONPARTISAN ELECTION FROM THE THIRD TO THE FOURTH TUESDAY IN MARCH OF EACH YEAR; AND TO AMEND SEC- TION 5.04(d), "ELECTIONS GENERALLY" TO CHANGE THE DATE OF ANY REQUIRED SUBSEQUENT RUNOFF ELECTION FROM THE FOURTH TUESDAY TO THE FOURTH FRIDAY IN MARCH OF EACH YEAR: PROVIDING FOR A REFERENDUM ELECTION TO BE HELD MARCH 1, 1983; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 11 - 1/11/83 The City Attorney read the caption of the ordinance. (Note: The caption was subsequently changed on the original ordinance and the correct wording will be reflected on second reading.) Mr. Blair moved for the adoption of Ordinance No. 7-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Sam Schwimer, Pines of Delray, stated that at the last time this item was brought up he mentioned that it might be a good idea, instead of changing the dates in the month of March, to change the date entirely to the month of November so that the election would coincide with the national and state elections. He is asking that Council consider November as the date to which they should change. Mr. Bird referred to Section 2, subparagraph (d) and stated that it is conceivable that two seats failing to be filled in the first general election could be filled assuming a majority. A runoff would not be required if they were tied and the highest vote-getters. In that instance they would both be elected; however, the Charter states that they would not. He would like the ordinance changed to indicate that if a situation arose like that then there would be no need for a runoff election. Mr. Bird offered a substitute motion. Mr. Bird moved that Ordinance No. 7-83 be approved as pres- ented with the exception of Section 2, subparagraph (d) addressing itself to the "Majority to elect in a second nonpartisan election. In the second nonpartisan election, the remaining offices shall be filled by the candidate receiving the highest number of votes for each vacancy. In the case of two or more candidates receiving an equal and highest number of votes they shall be declared as winners. In the case of a tie other than the highest two vote-getters, that tie shall be resolved by drawing lots on Friday of that week", seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. 33. Ordinance No. 8-83 - City Charter - Administrative-Execu- tive. Ordinance No. 8-83, providing for Charter changes to Article IV "Administrative-Executive" relative to appointment, removal, compensa- tion, is before Council for consideration on First Reading. If passed, public hearing will be held on January 25th. The City Manager presented Ordinance No. 8-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE", SECTION 4.02, "APPOINT- MENT; REMOVAL; COMPENSATION", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO DELETE THE REQUIREMENT THAT REMOVAL OF THE CITY MANAGER BY THE CITY COUNCIL DURING THE PERIOD OF NINETY (90) DAYS FOLLOWING ANY CITY ELECTION BE BY THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS OF THE CITY COUNCIL; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD MARCH 1, 1983; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney stated that the correct procedure would be to bring the ordinance on the agenda to the floor and then offer a substitute motion. Mr. Jackel moved for the adoption of Ordinance No. 8-83 on First Reading, seconded by Mr. Bird. - 12 - 1/11/83 Mr. Jackel moved for a substitute motion as read by the City Attorney, seconded by Mr. Bird. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. 34. Ordinance No. 9-83 - City Charter - Administrative-Execu- tive. Ordinance No. 9-83, providing for Charter changes to Article IV "Administrative-Executive" relative to legal counsel appointment, remov- al and compensation, is before Council for consideration on First Read- ing. If passed, public hearing will be held on January 25th. The City Manager presented Ordinance No. 9-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE", SECTION 4.08, "LEGAL COUNSEL APPOINTMENT, REMOVAL AND COMPENSATION", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO CHANGE FROM NINETY (90) TO SIXTY (60) CALENDAR DAYS THE REQUIREMENT THAT REMOVAL OF THE CITY ATTORNEY BY THE CITY COUNCIL DURING SUCH PERIOD FOLLOWING ANY CITY ELECTION BE BY THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS OF THE CITY COUNCIL; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ~ARCH 1, 1983; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 9-83 on First Reading, seconded by Mr. Bird. The City Attorney read the caption of the revised ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE", SECTION 4.08, "LEGAL COUNSEL APPOINTMENT, REMOVAL AND COMPENSATION", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO DELETE THE REQUIREMENT THAT REMOVAL OF THE CITY ATTORNEY BY THE CITY COUNCIL DURING THE PERIOD OF NINETY (90) DAYS FOLLOWING ANY CITY ELECTION BE BY THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS OF THE CITY COUNCIL; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD MARCH 1, 1983; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- ?IVE DATE. Mr. Jackel moved for a substitute motion as read by the City Attorney, seconded by Mr. Bird. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. 35. Ordinance No. 10-83 - City Charter - Legislative. Ordi- nance No. 10-83, providing for Charter changes to Article III "Legisla- tive'' relative to offices of Vice-Mayor and Deputy Vice-Mayor and fil- ling of vacancies in offices of Mayor, Vice-Mayor and Deputy Vice-Mayor, is before Council for consideration on First Reading. If passed, public hearing will be held on January 25th. The City Manager presented Ordinance No. 10-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COUNCIL-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO ADD PROVISIONS PROVIDING FOR THE OFFICES, TERM, AND SELECTION OF A VICE-MAYOR AND A DEPUTY VICE-MAYOR; PROVIDING FOR PROVISIONS FOR AND CLARIFICATION OF FILLING OF VACANCIES IN OFFICES OF MAYOR, VICE-MAYOR, AND DEPUTY VICE-MAYOR; - 13 - 1/11/83 AND TO PROVIDE THAT THE ELECTED TERM OF THE MAYOR BE FOR T%~ (2) YEARS, WHETHER OR NOT SUCH ELECTION IS FOR A REGULAR TERM OR TO FILL A VACANCY, AND WITHOUT REGARD TO %~ETHER SUCH ELECTION OCCURS IN AN EVEN- OR ODD-NUMBERED YEAR; AMENDING SECTION 3.04, "MAYOR; POWER AND DUTIES", OF THE CITY CHARTER, TO PROVIDE FOR THE POWERS AND DUTIES OF THE DEPUTY VICE-MAYOR, AND IN THE ABSENCE OR DISABIL- ITY OF THE VICE-MAYOR; AND SECTION 3.06, "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES", OF THE CITY CHARTER, TO CLARIFY AND ESTABLISH PROCEDURES FOR THE FILLING OF VACANCIES IN THE MEMBERSHIP OF THE CITY COUN- CIL AND THE OFFICE OF MAYOR, AND DELETING THE REQUIREMENT OF FORMAL DECLARATIONS OF SUCH VACANCIES, EXCEPT IN INSTANCES OF FORFEITURE OF OFFICE; PROVIDING FOR A REF- ERENDUM ELECTION TO BE HELD MARCH 1, 1983; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 10-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. 36. Ordinance No. 11-83 - City Charter - Legislative. Ordi- nance No. 11-83, providing for Charter changes to Article III "Legisla- tive'' to provide for an amendment to the prohibition on former elected officials holding any City office or employment until one year after the expiration of the term for which elected, is before Council for consid- eration on First Reading. If passed, public hearing will be held on January 25th. The City Manager presented Ordinance No. 11-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE III, "LEGISLATIVE", SECTION 3.05 (c), "PROHIBITIONS", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR AN AMENDMENT TO THE PROHIBITION ON FORMER ELECTED OFFICIALS HOLDING ANY COMPENSATED APPOINTIVE CITY OFFICE OR EMPLOYMENT UNTIL ONE YEAR AFTER THE EXPIRATION OF THE TERM FOR WHICH HE WAS ELECTED, ADDING AN EXCEPTION TO SUCH PROHIBITION IF SUCH APPOINTMENT OR EMPLOYMENT IS SPECIFICALLY RATIFIED BY THE CITY COUNCIL; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD MARCH 1, 1983; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 11-83 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. 37. Ordinance No. 12-83 - Amending Code - Bottle Clubs. Ordi- nance No. 12-83, amending Chapter 3 "Alcoholic Beverages" of the Code of Ordinances defining bottle clubs, is before Council for consideration on First Reading. If passed, public hearing will be held on January 25th. The City Manager presented Ordinance No. 12-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3, "ALCOHOLIC BEV- ERAGES'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SECTION 3-7, DEFINING BOTTLE CLUBS, DECLARING SAME TO BE A PUBLIC NUISANCE, AND PROHIBITING SAME; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 14 - 1/11/83 The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 12-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 21. Mr. Bird asked that item 21 be brought back for reconsidera- tion. Mr. Bird moved to approve and authorize execution of agree- ments for the intersections at N.E. 8th Street and N.E. 2nd Avenue and N.E. 22nd Street and N.E. 2nd Avenue and leave in abeyance S.E. 2nd Street and State Road 5, seconded by Mr. Blair. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Mayor Young declared the meeting adjourned at 9:25 P.M. Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of January 11, 1983, w~ich minutes were formally approved and adopted by the City Council on ~J~ / /_~F . NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 15 - 1/11/83