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10-25-83 OCTOBER 25, 1983 A regular meeting of the City Council of the City of 5elray Beach, Florida, was called to order by Willard V. Youn9 in the Council Chambers at City Hall at 7:05 P.M., Tuesday, October 25, 1983. 1. Roll call showed: Present - Council hember ~lcolm T. Bird Council hember Doak Campbell Council ~ember Arthur Jackel Council hember Edward L. Perry hayor Willard V. Young Absent - None Also present were - City 5~nager William ~. Law, Jr. and City Attorney Herbert W.A. Tniele. 2. The opening prayer was delivered by Rev. Daniel Hettinger, Christian Missionary Alliance. 3. The Pledge of Allegiance to the flag of the United States o~ America was given. 4. 5~. Jackel requested that the minutes of the regular meetin9 of October 11, 1983, be amended by adding the following paragraph of Mayor Young speaking: "Before I give my opinion on that, I will say this. That as a result of my investigation, one of the recommended...on the approved list, if you will, I find he has been given a medical furlough. That medical furlough is not because of physical illness an~ it proves that by proper investigation on the part of the members o~ this Council, this type of information can be well brought out. I have no intention of telling anybody, including the members of this Council, until later who this particular individual was, but nevertheless it's somebod~ that obviously is off my list. I said that I have eliminated four, this one is one of them. There are three others that ~ don't think would be qualified to ser~e the public of the City o~ be lray Beach. I only have one interest in 9oin9 through this process and that is to get the best qualified person that we can get to render the ser- vices to the citizens of Delray Beach that they deserve an~ require. I agree with the rest of the members of Council, with the exception of ~. Jackel, that I think the process should begin on honday, the 17th." Mr. Jackel moved for approval o~ the minutes o~ the ~egular Meeting of October 11, 1983, as amended above, an~ the Special heeting of October 17, 1983, seconded by ~. Bird. Said motion passed unani- mously. Before roll call, Mr. Perry noted that in the Workshop Minutes of October 18, 1983, the word should be "perspective" not pro- spective. At this point the roll was called to the motion. 5.a.1. 5~. David Tyson, 425 Aylesbury Road, noted that about a year ago the DOT installed new traffic lights on north and southbound Federal Highway and did a fantastic job of making the traffic flow very smooth- ly; however, the traffic flow going across town is not smooth and he asked Council to check into that situation. 5.a.2. 5~. Sam Schwimer, Pines of De lray, stated that he ~eels the hiring of an auditor, as suggested by ~. Bird last week, would not be necessary if the Administration submitted monthly financial reports and operatin~ reports to Council. He further suggested better use of Cit~ Committees, such as the IAC and the P&Z Board, and the consolidation or elimination of some committees could improve operations and make ~or better relations between the committees, Council and the Administration. Further, he feels there needs to be a review of City policies and pro- cedures at all levels. He asked that his name be withdrawn ~ro~ con- sideration for appointment to the IAC or any other co~mittee or board. 5.a.3. 5~. Bill Machad, 510 Sunshine Drive, stated there is a section of his area that borders Enfield Road and N.W. 8th Avenue in which there is a chain link fence going down the property by the canal. Between the concrete fence and the chain link fence, there is an openin9 and young people hotrod through there across the field and into his section at all hours of the night. He requested that this be checked into. 5.a.4. ~. Jack Norman of Norm's Seafood in be lray Beach spoke regarding the problem of peddlers selling fish without a license. He noted that he has to have an occupational license to run his business and the license costs him $529.00 each year. He feels this situation is unfair to the licensed shopkeepers of Delray Beach and he asked for stricter police enforcement of peddling without a license. Mayor Young stated that they will take this under advIse- ment. 5.b.1. Mr. Jackel asked that the follow~n9 two items be placed on next week's worshop agenda: (la) the memorandum between Shaw Communi- cations Company and the City; and (lb) a discusslon o~ the City At- torney's budget process. ~. Bird requested that for discussion of the Shaw issue, he would like to be provided with a synopsis of the apparent legislative intent at the time the contract was entered into. As he recalls, there seems to be some difference between what was intended by Council an~ what ended up being written in a contract. 5.b.2. Mr. Bird stated that he is proud of a lot of folks from this country who are currently in places like Grenada and Beirut an~ he asked everyone to say a prayer for the boys over there. · here was a moment of silent prayer in memor~ o~ those killed in foreign areas. 5.b.3'. ~. Perry stated that as he recalls, last spring, thls Council stated as policy that they intended to have a monthly financial report. They have yet to see one. He approached the Finance Department and was given an answer which almost told him that the Administration intends to give it to them at the end of the quarter. He intends to keep asking for a monthly report until he sees one. 5.b.4. ~ayor Young presented and read a proclamation proclaim~n9 November 7-13, 1983 as "Jewish War Veterans Week". A representative of Jewish War Veterans came forward to accept the proclamation. He thanked Council and gave a presentation describin9 the work that the Jewish War Veterans do in Palm Beach County. 5.b.5. ~myor Youn9 presented and read a proclamation proclain~in9 November 3, 1983 as "Career Day". A representative of the chamber o~ Commerce came forward to accept the proclamation and thanked City Coun- cil. 5.b.6. Mayor Young presented a proclamation to ~he Haven proclaim- ing the week of November 7, 1983 as "Annual Flower WeeK". 5.c.1. The City Attorney reported that Council has been provlded with copies of Resolution No. 99-83 which Council has requested be adopted in conjunction with Item 24 of the Consent Agenda. It is es- sentially a resolution to the County requesting their participation in the project. Council may wish to include that as part of the motion. 5.c.2. The City Attorney reported that they have concluded their lengthy interview process for a new Assistant City Attorney. At this time, they are requesting that City Council formally appoint hs. Barbara Hall of Plantation, Florida, to act in the capacity of Law Cler~ under the terms and conditions outlined in his memorandum of October 25, 1983, until such time as she is formally admitted to the Florida Bar, at which time she would automatically be elevated to the position of Assistant City Attorney without further Council action under the terms and condi- tions of the memorandum of October 25, 1983. - 2 - z0/25/8~ Mr. Perry moved to ratify the choice of Assistant City Attorney, seconded by Mr. Bird. Said motion passed unanimously. 5.d. There were no non-agenda items by the City hanager. 6. ~. Jackel moved for agenda approval with Item 11 bein9 moved from the Consent Agenda to be Item 8a, following Item ~. 5~. Bird recommended that they add Resolution No. 99-83 to Item 24 of the Consent Agenda. 5~. Jackel amended his motion as recommended, seconded by Mr. Bird. Said motion passed unanimously. PUBLIC HEARINGS 7. Ordinance No. 73'83 - Isles of Delray. Ordinance No. 73-83, relative to rezoning to PRD-4 (Planned Residential District) is before Council for consideration on Second and FINAL Reading. ?he property is located at the northeast corner of Lake Ida Road and 1-95. The Planning and Zoning Board approved this by a 4-3 vote (Horenburger, Sumrall Simon dissenting). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a continuation of the public hearing has been scheduled to be held at this time. The City ~anager presented Ordinance No. 73-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELkAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONEb R-1AA (SINGLE FAhILY DWELLING) DISTRICT IN PRD-4 (PLANNED RESIDENTIAL) DISTRICT A PARCEL OF LAND LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THL NORTHEAST CORNER OF LAKE IDA ROAD AND 1-95, AND AMENDINQ "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 73-83 is on file in the o~icial Ordinance Book) The City Attorney read the caption o~ the ordinance. The public hearing was continued from the October 11, 1983 regular meeting. Mr. Roger Saberson, attorney for the developer, reported that today he has delivered a letter to the City signed by the Vice- President and Secretary of Delray Islands, Inc., addressing three areas of concern: (1) Delray Islands, Inc., has no objection to the City initiating its own zoning petition, after the approval of the pending applications, to rezone this property to SAD incorporating the site plan; (2) during the 90 day period, Delray Islands, Inc., waives the right it would otherwise have to present site plan modifications with the exception of any minor modifications deemed so by the City and they will not contest a determination by the City as to whether a proposal is major or minor; (3) during the 90 day period, De lra~ Islands, Inc., has no objection to a relocation of the recreation center, to relocate that center just to the east of the development entrance. ~. ~rvin Sanders further explained the proposed location for the recreation center. The following property owners in Isles oi Delray submitted letters into the record in support of the rezoning to PRD-4: ~. Lloyd Snyder, ~r. Stuart ~. Fedder and ~. and ~s. Carl English. ~. George OSlin, representing 160 neighbors of the Isles Delray, submitted and read a letter into the record opposing Ordinance No. 73-83. Mr. Walter Blake, Delray Isles property owner, spoke opposition of Ordinance No. 73-83, stating that he does not want the value of his property to be decreased. He submitted that there has been no change in the character of the neighborhood to require this rezonlng and he urged Council to leave the plat the way it is. Further he asked Council to take cognizance of the deed restrictions. - 3 - 10/25/83 Mr. Bird asked ~. Blake if he understood that the property he bought was in an area zoned R-1AA and if he is fully cognizant of what size home is required to be built in an R-1AA District. hr. Slake replied, yes; however, there is a coupling factor, the zoning plus the deed restrictions. Mr. Blake noted that the letter to the City hanager of September 14th from the Planning Division makes reference to certain conditions that must be complied with. Condition #2 refers to an ~ngl- neering division memorandum, which memorandum refers to a DER dredging permit to be required. ~. Blake asked what will happen to this peti- tion if the DER permit is denied. Mr. Saberson stated that it has never been the City's prac- tice in the past to condition the City approval of a proDect on the grant by a State agency of another permit but rather to advise the applicant that he must go to these other agencies for approval. ~e- garding the comments about the wall, if 5~. Blake does not like the wall they will take it out. 5~. Saberson pointed out that the other four property owners in the Isles of De lray have advised Council they are in favor of this plan. Further, the existing City zoning would permit something much less than this development plan. He also explaine~ that the deed restrictions constitute a tentative plan for development of that area; they say very explicitly on page 12 that those deed restric- tions can be amended or terminated at any time. That is not something Mr. Blake can validly rely on. ~. Blake stated that he feels it is illo9ical to separate or divide the platted subdivision from that which a ~ormer City ~ouncil has already approved. Mr. Bill 5~chad asked if there is a sewer system in the present development. Further, if there is and they widen the canal, is the present system adequate enough to handle that without seeping into the lake and polluting it. ~. Bird replied that his understandin9 ~s that service mains are in proximity to the road rights-of-way and the widening of the canals would have no affect. Mr. hachad further asked, considering the planned boat activity, if the developer plans to put in a boat ramp or does he plan for them to use west Lake Ida Park which is already overcrowded on weekends and which ramp is not in very good condition. I~ so, all tnls boat activity could lead to a traffic problem into the park and on Lake Ida Road. ~ayor Young stated that they are not in a position to answer those questions tonight. 5~. ~]achad noted that so far the only people he can see that want the development is the developer, not the people o~ the City. Council was elected to represent the people, not develoFers, and they can get just as much tax revenue from R-1AA as PR5-4 and he feels they should not let special interests cloud the issue. He sug- gests they go to R-1AAA and not PRD-4o Mr. Sanders pointed out that the single family detached patio homes meet R-1AAA requirements in terms of square footage. Mr. Perry stated that the feeling he got at the P&~ workshop this morning was that the members of the Board feel that the ~onin9 Code's basic rationale for being is for the protection of the commu- nity's needs and lifestyle and not to be a target of opportunity for every developer. Mr. Perry stated that when a profit is made at the expense of the community, he feels that something has to be re-examined. He sees nothing in this petition that would indicate an answer to a need by the City or that would add to the lifestyle of the surroun~in9 com- munity. He would have no sympathy for a sche~e in which every house is the same in structure, 20 feet away from its neighbor on exactly the same line. He feels it would be an outrage if this particular pro~ect were allowed to go through. The public hearing was closed. - 4 - lU/25/83 ~r. Jackel moved to reject Ordinance No. 73-~3 and to refer the developer back to the P&Z Board to apply for an SAD and that the P&~ Board workshop it very carefully, in line with the comments made D~ the people in that area, seconded by 5~. Perry. Upon roll call Council voted as follows: Mr. Bird - No; hr. Campbell - No; hr. Jackel - Yes; F~. Perry - Yes; Mayor Young - No. Said motion FAILED with a 3 to 2 vote. Before roll call the followin9 discussion was had: ~. Campbell stated that he favorably considered this peti- tion with the understandin9 that SAD rezoning woul~ be undertaken, to lock into the zoning ordinance this particular site plan ana the re- quirements shown on it including the fact that there would be no in- crease in density, that the units to be constructed on the property were required to be of a certain size and that it had to be aone in accord- ance with the ultimate site plan as done with the SAD ordinance. 5ased upon that, if they immediately initiate an immediate SAD rezoning, the worst that could happen is that an unsuspecting buyer could come along and claim the benefits of the PRD-4. Upon question by ~. Campbell, the City Attorney replied, in his opinion, the Cit~ would not be prejudiced in its SAD rezoning if this should happen in the interim. ~. Campbell further stated as he recalls it was not so much the nature of the development but the fear o~ the PRD-4 zoning that the majority of the citizens were concerned with. Historically, those developments have done best which have an overall scheme of development as opposed to individual houses being placed on lots. In h~s o~nion, the City and the neighbors will be better off unaer the ultimate SAD zoning. ~. Campbell discussed the letter from Delray Islands, Inc., which was mentioned by ~r. Saberson earlier. He stated that he would like it to be clear that when they get to Item 8a, they address specif- ically the relocation of the recreational facility. ~. Perry asked the City Attornek, if the~ do go for ~Ab, what will stop the developer from comin9 back to Council for changes. The City Attorney explained that with SAD, the site plan is described specifically in the terms of the ordinance itself and, therefore, would require ordinance amendment to amend the site plan or to mod~f~ in any substantial manner. ~r. Perry stated as he understands it the applicant could come back, sometime down the road, and make an appllca- tion for an amendment and get that amendment. He added that he sees this development as being in the worst interest of the City. At this point the roll was called to the motion. 5~. Campbell moved for the adoption of Ordinance No. 73-83 on Second and FINAL Reading contingent upon the letter o~ October 20, 1983, from Delray Islands, Inc., seconded by ~. Bird. Upon roll call Council voted as follows: ~. Bird - Yes; hr. Campbell - Yes; ~. Jackel - No; ~. Perry - No; ~ayor Young - Yes. Said motion passed with a 3 to 2 vote. Before roll call, upon question by ~. Jackel, hr. Campbell stated that if the developer cannot get the DER dredging permit, then they cannot go through with the site plan. The City Attorney advised that that would more properly be a part of the site plan motion. At this point the roll was called to the motion. hayor Young declared a recess, the time bein9 S:43 P.h. The meeting reconvened at 8:50 P.~. 8. Ordinance No. 74-83 - Chan~in~ the City's Land ~se Plan Designation. Ordinance No. 74-83, relative to changing the City's Lan~ Use Plan Designation in the Comprehensive Plan for a parcel of land located at the northeast corner of Lake Ida Road and 1-95 from Single Family to PRD-4 Planned Residential District is before Coun- cil for consideration on Second and FINAL Readin9. ?he Plannin9 and Zoning Board approved this by a 4-3 vote (Horenburger, Sumrall an~ Simon dissentin9). Prior to consideration of passage o~ this ordinance on Second and FINAL Reading, a continuation of the puDlic hearing has been scheduled to be held at this time. - 5 - 10/25/~3 The City Manager presented Ordinance No. 74-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN bESIG- NATION IN THE COMPREHENSIV~ PLAN FOR A PARCEL OF LAND IN SECTION 8, TO%~ SHIP 46 SOUTH, RANGE 43 EAS? FROh &F SINGLE FAhILY TO PRD-4 PLANNED RESIDEN?IAL; A~NDING THE LAND USE PL~; PROVIDING AN EFFECTIV~ bATE. (Copy of Ordinance No. 74-83 is on ~ile in the o~lc~al Ordinance Book) The City Attorney read the caption of the ordinance. ?he public hearing was continued from the October 11, 1983 regular meeting. The public hearing was closed. Mr. Bird moved for the adoption o~ Ordinance No. 74-~3 on Second and FINAL Reading, seconded by ~. Campbell. Upon roll call Council voted as follows: ~. Bird - Yes; 5~. Campbell - Yes; ~. Jackel - No; 5~. Perry - No; hayor Young - Yes. Said motion passed with a 3 to 2 vote. 8.a. Site and Development Plan A~roval - Isles of belra~. Council is to consider a request for site and development plan approval for Isles of De lray, located at the northeast corner of Lake ida ~oad and 1-95. The Planning & Zoning Board approved this by a 4-3 vote (Horenburger, Sumrall and Simon dissenting). 5~. Campbell noted that on the existing property they have a 20 foot strip that separates the large lots from the patio homes and he asked where the anticipated wall is. ~. Sanders replied that the wall is currently shown on the North side of that 20 foot strip, hr. Campbell suggested that it might be more appropriate to have that wall on the South side with the 20 feet being landscaping, hr. Sanders replied they would be glad to do that. Upon comment by ~. campbell, Mr. Sanders advised that they have no problem with relocatin9 the recre- ational center as shown on the change. 5~. Campbell further suggested that there could be minor modifications through the &AD process to, perhaps, break up the even line of homes. ~. Sanders replied that tnis could be done as some individuals may prefer large backyards and other may prefer large frontyards. hr. Perry stated that whether or not the canal can be wl~- ened seems to be an important point. Council discussion was had regard- ing the requirement of a DER dredging permit. ~. Perry asked, if the canal should fail to be widened for whatever reason, would the site plan then fail. hr. Bird replied that they will approve a plan b~ ordinance and whatever it specifies is what this Council expects to have built. If for any reason it fails in that, it will have to come back to Council for modification. hr. Campbell moved to accept the site plan subject to the changes offered in the letter to Council dated October 20, 19~3 from Delray Islands, Inc., seconded by ~. Bird. Upon roll call Council voted as follows: 5~. Bird - Yes; [~. Campbell - Yes; ~z. Jackel - No; Mr. Perry - No; hayor Young - Yes. &aid ~tion passe~ with a 3 to 2 vote. hr. Saberson asked if it's permissable for them to draw a building permit to build a model. ~. Campbell replied that at this point, yes. P&Z Board members pointed out that he cannot yet draw a permit. 5~. Campbell stated that ~. Johnson, Chie~ Building Official, can clear that up. 9. Ordinance No. 7~-83 - Amendin~ Code - Increasin~ ~ewa~e Rates. Ordinance No. 76-83, amending Chapter 29 "Water an~ Sewers" o~ the Code of Ordinances relative to increasing sewage rates ~or resi- dential and non-residential customers, is before ~ouncil for considera- tion on Second and Final Reading. Prior to consideration of passage o~ this ordinance on Second and FINAL Reading, a public hearin9 has been scheduled to be held at this time. - 6 - 10/25/~3 The City Manager presented Ordinance No. 76-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH , FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS" , ARTICLE III , "SE%~ERS AND SEWAGE DISPOSAL", DIVISION 1, "GENERALLY" , OF THE CODE OF ORDINANCES OF THE CITY' OF DELRAY BEACH, FLORIDA, BY A~SNDING SECTION 29-63, "SER- VICE RATES AND CHARGES IMPOSED" , TO INCREASE THE MODITY CHARGES FOR THE SOUTH CENTRAL REGIONAL ~4ASTEWATE~ TREATMENT DISPOSAL BOARD FOR BOTH RESIDENTIAL AND NON- RESIDENTIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON CERTAIN CUSTO~R, CAPACITY AND COM~ODITY CHARGES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 76-83 is on file in the o~ficial Ordinance Book ) The City Attorney read the caption of the ordinance. public hearin~ 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. Jackel moved for the adoption of Ordinance No. 76-83 on Second and FINAL Reading, seconded by 5~. Bird. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Campbell - Yes; ~r. Jackel - Yes; 5~r. Perry - Yes; ~ayor Young - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 79-83 - Zonin~ Ordinance Amendment - Auto- mobile Sales and Display. Ordinance No. 79-83, amending ChaFter 30 "Zoning" of the Code of Ordinances to allow automobile sales and display as a conditional use in the GC (General Commercial) District, is before Council for consideration on Second and FINAL Read~ng. Prior to con- sideration of passage of this ordinance on Second and FINAL Read~ng, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 79-83: 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 AMENDING SECTION 30-11 "GC (GENERAL COMmeRCIAL) DISTRICT" (N) "SPECIAL REGULATIONS" (1)(a) TO ADD "AUTO~IOBILE SALES AND DISPLAY"; FURTHER AMENDING SECTION 30-11 "GC (GENERAL COM~ERCIAL) DISTRICT" (N) "SPECIAL REGULATIONS" BY ADDING A SUBSECTION (5)(a) TO ALLOW AUTOMOBILE SALES AND DISPLAY AS A CONDITIONAL USE WITHIN THE GC (GENERAL COMMERCIAL) DISTRICT AS SPECIFIED BY THIS ORDINANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 79-83 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 Cit~ Delray Beach, Florida. The public hearing was closed. Mr. Jackel stated, as he recalls, on First Readin§ 5~. B~rd recommended that they change this to new car sales and display. He questioned why this has not been done. ~. Bird replied that he with- drew that recommendation when 5~rs. Sumrall told him that the zoning redraft committee of the P&Z Board was looking at these areas and would have specific recommendations for Council at a later time. The ordi- nance, as drafted, would satisfy their immediate concern. ~. Bird moved for the adoption of Ordinance No. 79-83 on Second and FINAL Readin9, seconded by ~. Campbell. Upon roll call Council voted as follows: 5~. Bird - Yes; ~. Campbell - Yes; ~. Jackel - No; ~r. Perry - No; ~iayor Youn9- Yes. Said motion passed with a 3 to 2 vote. - 7 - 10/25/83 Before roll call the following discussion was had: ~. Campbell noted there has been concern about the ~act that there has been no effort made by a prospective developer of the property to salvage what is thought to be a very valuable tree on the property. He would like to look at ultimate site plans that may come in on the property as to what is done with the tree. Upon question by Council Members, the City Attorney advised that the property will have to come before Council again at a later time. ~. Perry noted that at the last meetin9 he voted in ~avor of this but he has changed his mind. He has long held that it should not be within the purview of Council to react to a particular business' problem. He thinks in this case they are doing lust that. They are going to change their zoning law to take care of a particular situation but at the same time they are leaving open a hole for anybod~~ who is in a General Commercial district throughout the City to possibly come in with another car lot. He has nothing against car lots but ~eels they have their share of them in this City and he will not support this ordinance. Mr. Bird pointed out that the ordinance states the ~eograph- ical limits of this particular application. They are talkin9 about GC only in that one area. ~. Jackel stated that they are talking about a piece of property which contains a large tree which is 100 years old and which he feels is a landmark. He does not want to see that tree demolished and he feels Mr. Taylor could use that lot and keep the tree if he uses his imagination. Mr. Bird stated if this is a zonin§ issue then they should resolve it as a zoning issue. He would hope that the P&~ Board, when they go back and review this, will give this consideration. He shares some of the concerns expressed by ~. Perry on that issue. At this point the roll was called to the motion. CONSENT AGENDA 12. Request for Solicitation of Funds - Community Chest Services. Council is to consider a request for solicitation of funds from February 6th to February 20, 1984. Approval is recommended. 13. R~quest for Solicitation of Funds - Delra~ Beach PuDllc L~--~-~rar~ Association, Inc. Council is to consider a request for solici- tation of funds from harch 4th to harch 17, 1984. Approval is recom- mended. 14. Ratification of Sale of Surplus Property. an auction was held on October 18th at 10 a.m. for the sale of surplus City property~ and $7,473.13 was realized from the sale. It is recommended that Coun- cil ratify the sale. 15. Tent Application. Council is to consider a request ~rom Craig Steinhart, Happy Holiday Christmas Trees, to erect a tent at the northwest corner of Linton Boulevard and U.S. No. 1 for the sale of Christmas trees from November 16th through December 31, 1983. Approval is recommended. 16. Final Plat A~roval - Congress Park South. Council is to consider a request for final plat approval for Congress Park South, an approved planned commerce center. The property is located south of Atlantic Avenue, between the E-4 Canal and Congress Avenue. Th~s was approved by the Planning and Zoning Board by a vote of 7-0 subject to the following condition: (1) Engineering Division's memorandum o~ October 17, 1983. - 8 - 10/25/83 17. Pump RepairS - ~mster Lift Station. Council is to consider award of a contract to Sanders, Aspinwall & Associates, sole source, for pump repairs to the ~ster Lift Station at a cost of ~11,148.71. Funds are to come from Public Utilities 1983-84 Operating Expenses. Approval is recomslended. 18. AUthorize Advertisin~ for Filters - Water Treatment Plant '~x~ansion Council is to consider authorizing advertisement ~or two additiona~ water filters for the Water Treatment Plant Expansion at an estimated cost of $680,000, with funds to come from the $4 million 19~3 Water & Sewer Revenue Bonds. Approval is recommended. 19. Anhydrous Amlaonia - Water Treatment Plant. Council ls to consider award of a contract to the low bidder, Bower Ammonia & Chen,lcal Company for anhydrous ammonia, a chemical which will be fed at the Water Treatment Plant to control TH~ formation. The results of this coop- erative bid with Boca Raton and Boynton Beach will mean an estimated savings to the City of $3,832.50 for 1983-84. Estimated yearly cost for this chemical is $12,000, with funds to come from the Water ~reatment Plant 1983-84 Operating Supplies. Approval is recommended. 20. Fire Hydrants~ heters, Valves and Fittin~'s - Public Dtilities Department'. Council is to consider awarding contracts to six vendors, B&H Sales, Southeastern ~unicipal, Sunstate, Trans-Florida Supply, Neptune Meter and Hughes Supply for fire hydrants, meters, valves an~ fittings at an estimated yearly cost of $176,381.75. Funds are to come from Public Utilities 1983-84 budget. Approval is recommended. 21'. Wilkes Nuisance Abatement Charge. Council is to cons~er acceptance of a reduction in the nuisance abatement charge from ~640 to $320 for 5~. Marvin Wilkes, who alleges he did not receive a notice relative to his property being cleared by the City. It is recommended that Council accept a 50% reduction in the charge. 22. Ri~ht-of-Way - Sherwood Park Entrances on ~iilitary Trall. '~ouncil is to consider granting a right-of-way to Palm Beach County at Sherwood Park entrances on ~litary Trail. It is recommended that Council authorize execution of the deed. 23. Final Payment - Public Works Complex. Council is to con- sider authorizing final payment for the Public ~or~s Complex in the amount of $1,344,274.75 to ~essoms-~rice Construction Company, inc., with funds to come from Public Works Construction Account, 197~ ~til~tk Tax Bond Issue. Approval is recommended. 24. Resolution No. 99-83 - Floodin~ - N.W. 1st Street and N.W. 18th Avenue (SnoW Concrete). Resolution No. 99-83, approving the in- stallation of a temporary solution to the floodin9 condition and re- questing Palm Beach County participation in the fundin9 of the pro~ect, is before Council for consideration. The caption of Resolution No. 99-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING OF THE INSTALLATION OF a TE~- PORARY 12" DRAINAGE PIPE ALONG N.~. 1ST STREET BETWEEN CONGRESS AVENUE AND N.W. 18TH AVENUE IN THE ~ITY OF DELRAY BEACH, AND REQUESTING FINANCIAL PARTICIPATION IN THE FUNDING OF THIS PROJECT FRO~] PAL~ BEACH COUNTY; PROVIDING FOR COPIES OF THIS RESOLUTION TO BE TRANbMITTED TO THE BOARD OF COUNTY CO~MISSIONERS OF PALh BEACH CQUNTY. (Copy of Resolution No. 99-83 is on file in the o~ficial Resolution Book) 25. Ammonia Feed Devices - Water Treatment Plant. Council is to ~onsider award of a contract to Wallace & Tiernan Division, Penwalt Corporation, the lowest responsive bidder, for three ammonia feed de- vices for the Water Treatment Plant at a cost of $27,962 for equipment and $400 for start-up services. Funds are to come from Public Utilities 1982-83 budget. Approval is recommended. - 9 - 10/25/~3 26. Nuisance Abatement. Resolution No. 96-83, assessing costs for abating nuisances on 15 properties in accordance with Section 13-13, is before Council for consideration. These are delinquent accounts and this places a lien on the properties. The caption of Resolution No. 96-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED ~ITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL CO STS IN- CURRED BY THE CITY TO ACCO~]PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE~ENT OF NUISANCES; P~O- VIDING FOR AN EFFECTIV~ DATE AND FOR A DUE DAT~ AND INTEREST ON ASSESS~ENTS; PROVIDING FOR THE RECORDIN~ OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESShENTS; PRO- VIDING FOR THE ~AILING OF NOTICE OF LIEN. (Copy of Resolution No. 96-83 is on file in the official Resolution Book) 27. Easement Abandonment - Rainberry Bay. ~esolution No. 97-83, vacating and abandoning a 6 foot utility easement located on the north line of Lot 5, Block 11, Rainberry Bay, Section 5, is before Council ~or consideration. The caption of Resolution No. 97-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A SIX (6) FOO~' UTILITY EASE~]ENT LOCATED ON THE NORTH LINE OF LOT · 5, BLOCK 11, RAINBERRY BAY, SECTION 5, AS RECORDED IN PLA'£ BOOK 40, PAGE 101, OF THE PUBLIC RECORDS OF PALh BEACH COUNTY, FLORIDA. (Copy of Resolution No. 97-83 is on file in the o~ficial Resolution Book) 28. Easement Abandonment - Rainberr~ Ba~. Resolution No. 98-83, vacating and abandoning two 5 foot utility easements locate~ on the north lines of Lot 4, Block 12 and Lot 6, Block 13 of Rainberry Say, Section 7, is before Council for consideration. The caption of Resolution No. 98-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A FIVE (5) FO0%' UTILITY EASES1ENT LOCATED ON THE NORTH LINE OF LOT 4, BLOCK 12, RAINBERRY BAY, SECTION 7 AND A FIVE (5) FOOT UTILITY EASEMENT LOCATED ON THE NORTH LINE OF LOT 6, BLOCK 13, RAINBERRY BAY, SECTION 7, ALL AS RECORDED IN PLAT BOOK 43, PAGES 88 AND 89, OF TH5 PUBLIC RECORD~ OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 98-83 is on file in the official Resolution Book) 29. Replacement of Roof for Club House at Delray Beach Countr~ Club. Council is to consider award of a contract for reFlacement o~ roo~--at the DBCC to the low bidder, Diversified Roofin9 Systems, at an approximate cost of $14,500, with funds to come from the Fire Insurance proceeds. Approval is recommended. Mr. Bird moved for adoption of the Consent Agenda with the addition of Resolution No. ~9-83 to Item 24, seconded by ~. Jackel. Said motion passed unanimously. - 10 - 10/25/~3 REGULAR AGENDA 30. Appointments - Internal Audit Committee. Council is to consider the appointments of John E. Tranter, James 2. Bowen and Paul Friedman as regular members of the IAC to terms ending April 27, 1985. ~. Perry moved for the appointments of John ~. ~ranter, James L. Bowen and Paul Friedman as regular members, seconded D~ 5~. Jackel. Said motion passed unanimously. 31. A~ointment - PERC. Council is consider the appointn~ent o2 Joel Smith as a member of PERC to a term ending harch 13, 19~7. 5~. Bird moved for the appointment of Joel &mitn, seconded by ~. Perry. Sai~ motion passed unanimously. 32. A~ointment - Code Enforcement Board. Council ~s to con- s~der the appointment of one alternate member to the Code ~nforcen~ent Board to a term ending January 14, 1986. Donald Dilley and John Weaver were suggested. ~r. Jackel advised that ~. Weaver is a landscape surveyor and this opening is for an engineer. He suggested that they consider Mr. Weaver for another Board at a future date as 5~. Weaver has very strong qualifications. Mr. Jackel moved for the appointment of Donald billey as alternate member of the Code Enforcement Board to a term end~n9 January 14, 1986, seconded by ~. Perry. Said motion passed unanimously. 33. Appointments - Community A~earance Board. Councll is to consider the appointment of Thomas L. ~ite as a regular member of CAB to a term ending August 25, 1984 and Terry Lee as an alternate member to a term ending 5mrch 8, 1984. Mr. Perry moved to appoint Thomas L. White as a regular member and Terry Lee as an alternate member o~ the CAB, seconded Dy 5~. Bird. Said motion passed unanimously. Before roll call, Mr. Campbell advised that ~. Lee is not a resident of the City; however, he does have a business in the Clty. At this point the roll was called to the motion. 34. Nuisance Abatement List - William and Claire Ward. council is to consider acceptance of $40 from William and Claire %~rd as Fayment for tree removal. A lien was placed inappropriately against the %~ard property for non-payment. hr. Perry moved to accept the $40 payment, seconded by ~. Bird. Said motion passed unanimously. Before roll call the following discussion was nad: ~. Perry stated that apparently they are having a problem with breakdowns in communication. He is assured by the City Attorney that if they continue havin9 these breakdowns, the~ may well find tnemselYes in a costly fight, possibly even in Court. He requested that the Admini- stration be made aware of the particular problem o~ nuisance aDa~e~nt liens and see if something can be done to correct it. ~ayor Young asked the City ~ana§er to take care of it. At this point the roll was called to the motion. 35. Ordinance No. 80-83 - Amendin~ Code - Animal Control O~icer. Ordinance No. 80-83, amending Chapter 5, "Animals and Fowl" of the Co~e of Ordinances relative to Animal Control Officer, is before Council ior consideration on First Reading. If passed Public Hearing will be held on November 8th. - 11 - 10/25/~3 The City ~anager presented Ordinance No. 80-~3: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, A~ENDING CHAPTER 5, "ANI~ALS AND FOWL" , OF THE CODE OF ORDINANCES OF TH5 CITY OF DLLRAY BEACH , FLORIDA, BY A~IENDING ARTICLE I, "IN GLNERAL", PROVIDING EXPLICIT AUTHORITY TO SET TRAPS; PROVIDING THAT IT SHALL BE UNLAWFUL TO 5~OVE, DESTROY, OR RELEASE TRAPPED ANI~ALS TO ANYONE OTHER THAN THE ANI~AL CONTROL OFFICER; PRO- HIBITING THE CONCEAL~iENT OF ANY FOUND ANI~AL; BY A~IENDING "DOGS" BY REPEALING THE FEE FOR VOLUNTARILY ARTICLE II, , IMPOUNDING DOGS; PROVIDING THAT THE ABSENCE OF CONTROL IS PRESUhED WHL~RE SIGHT OF A DOG IS AHSENT; PROVIDING UNCONTROLLED DOGS ARE PRE SD~]PT IVELY PUBLIC NUISANCES; PROVIDING SPECIFIC EXAm]PLUS OF DOG NUI&ANCES; PROVIDING THAT DOG ~XCRETA MUST BE RES~OVED BY THE O~ER OF THE DOG DEPOSITING SUCH ON PUBLIC PROPERTY, RECREATION AREAS, OR PRIVATE PROPERTY; BY AhSNDING ARTICL~ III, "CATS" PROVIDING THAT TH~: OWNER OF ANY CAT DEPObITING , EXCRETA ON PUBLIC PROPERTY, RECREATION AR~AS, OR PRIVATL PROPERTY $~ALL REMOVE SUCH; WAIVING TH5 FEE FOR ~HE VOLUNTARY IMPOUNDMENT OF CATS; PROVIDING A SAVING CLAUSL; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. 5n~. Perry moved for the adoption of Ordinance No. 8~-~3 on First Reading, seconded by 5~. Jackel. ~egarding Sec. 5-18 "Running at large", ~r. Perry stated that he thought there was a State leash law and wonders i~ they are being redundant. ~lr. Bird suggested, in Sec. 5-18(b), addin9 some words such as "failure to respond to an owner's command will also be presumptive evidence of absence of voice control". Mr. Bird also expresse~ concern over Sec. 5-16 which states that the pickup fee levied by the ~ity shall be $5.00 for the first offense, $10.00 for the second offense an~ $25.00 for each subsequent offense. He feels that those fees should be higher and suggested $10.00, $25.00 and $50.00. The City Attorney advised that they may have to go back to First Reading with these modifications. F~. Bird expressed concern over Sec. 5-23(e). He felt it would cause neighborhood controversies which the Clty would be asked to arbitrate. The City Attorney suggested removin9 the "consent" phrase. ~. Perry questioned the factor of provaDility. Mr. Campbell stated that he does not li~e the ordinance. He likes dogs and would be against such detailed restriction on the n,ove- ment and control of what amounts to children's pets. He would not mind a general nuisance law prohibiting a nuisance but with this ordinance, if a dog goes out of the house and onto someone else's property, it is in violation of the Code. He cannot support it the way it is written. The City ~lanager suggested that they could str~e those sections which Council has problems with, 5-23(b) and (e), and, perhaFs, the balance of the ordinance would be acceptable to Council. Separately he would ask Council members if they also want to change the fee sched- ule under "Cats" as they did under "Dogs". ~. Bird stated he feels there is the need for a general nuisance paragraph, delineating so as to permit their Animal Control Officer to take appropriate action but he a~rees with 5~. Campbell that they may have become overly precise in some areas. The City Attorney advised that most of the changes are reflective of a request from the Animal Control Officer. It probably would be a good idea for him to write Council a memorandum setting forth reasons and a further explanation. - 12 - 10/25/~3 Mr. Bird made a substitute motion that Ordinance No. 80-83 be remanded back to staff for additional information, seconded by ~. Campbell. Said motion passed unanimously. 36. Ordinance No. 81-83 - Zonin~ Ordinance Amendment - Conditional Uses. Ordinance No. 81-83, amending Chapter 30 "Zoning" of the Code o~ Ordinances relative to modification of approved conditional use, Ks before Council for consideration on First Reading. The City Manager presented Ordinance No. 81-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING ORDINANCE", SECTION 30-21, "CONDITIONAL U~ES" SUBSECTION ~F) , ~IODI- FICATION OF APPROVED CONDITIONAL USE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLOKIDA; BY CLARIFYING THAT ANY DECISION OF THE PLANNING AND ZONING BOARD SHALL BE APPEALABLE TO THE CITY COUNCIL BY A PERSON AGGRIEVED; BY DELETING THAT THE DECISION OF THE PLANNING AND ZONING BOARD AS TO WHETHER A ~DDIFICATION OF APPi<OVED CONDITIONAL USE IS MINOR OR MAJOR IS FINAL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. ~. Perry moved for the adoption of Ordinance No. 81-~3 on First Reading, seconded by 5~r. Jackel. Upon roll call Council voted as follows: ~. Bird - Yes; ~. Campbell - Yes; ~. JacKel - Yes; 5~. Perry - Yes; Mayor Young - Yes. Said motion passed w~th a 5 to O vote. Mayor Young declared the meeting adjourned at 9:44 P.[~. ATTE ST: MAYOR The undersigned is the City Clerk of the Cit~ of Delray Beach and that the information provided herein ls the minutes o~ the meeting of said City Council of October 25, 1983, which minutes were formally approved and adopted by the City Council on~-~/. ~ ~.~ . 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 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. - 13 - 10/25/83