Loading...
01-12-82 JANUARY 12, 1982 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., Tuesday, January 12, 1982, with Vice-Mayor James H. Scheifley, presiding and City Manager Robert H. Fisk, City Attorney Herbert W.A. Thiele, and Council members Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, pre- sent. Mayor Weekes was on vacation. 1. The opening prayer was delivered by Reverend McGray, Calvary ~ible Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3.a. Mr. Bird moved for approval of the minutes of the regular meetings of December 8, 1981 and December 15, 1981 and the special meeting of December 28, 1981, seconded by Mr. Blair. Said motion passed unanimously. 3.b. Mrs. Betty Spalding gave a presentation on behalf of her mother, Mary Machek, a resident of Homewood Boulevard. She advised that the residents there are opposed to the realignment of Homewood Boulevard and gave an outline of their reasons and suggestions as follows: (1) If Homewood Boulevard is realigned, the residents of Woodlake will not get their main entrance on W. Atlantic Avenue; therefore, there will only be one entrance and it will be on Homewood Boulevard. Woodlake residents feel the need for two entrances. (2) The residents on Homewood Boule- vard would also like to see Woodlake have two entrances because they feel it would cut down the traffic on Homewood Boulevard by not having all of Woodlake using Homewood Boulevard as their entrance and exit. (3) Many people feel that a synchronized traffic light system could be used, putting the secondary light at Homewood Boulevard and leaving the main light at the intersection of High Point and Woodlake. (4) Instead of veering Homewood Boulevard to the west and buying the land, they suggest veering it to the east on land that the City already owns, the edge of the golf course, and go around the east side of WDBF instead of the west side; there would be far less expense that way because the City would not have to buy land. (5) Another suggestion is to move the main light to Homewood Boulevard as there is more traffic on Homewood Boule- vard than traffic out of High Point. (6) The residents of Lago Del Rey have been under the impression that Homewood Boulevard was eventually going to be a two-laned boulevard. Those residents would like the City to consider that idea, again with the main intersection light being at Homewood Boulevard and W. Atlantic Avenue with maybe a caution light and a turn lane at High Point. Mrs. Spalding presented Council with a petition with 105 signatures, signed by people living on or near Home- wood Boulevard; the petition requests that City Council reopen this issue for discussion. Mr. Scheifley explained the background which led to the deletion of the road connection from Woodlake Section C to Atlantic Avenue. Mrs. Durante noted that at last week's workshop meeting, they referred this entire matter to the Planning and Zoning Board to start from scratch; therefore, the matter is being reconsidered as requested by the petitioners. She recommended that they have Mrs. Spalding's presentation transcribed verbally and sent to the Planning and Zoning Board for consideration. Mr. Fred Kanter, on behalf of Woodlake residents, echoed Mrs. Spalding's concerns and added that when they, as homeowners, bought in Woodlake, they were promised an entrance on Atlantic Avenue and were told that the entrance on Homewood Boulevard would be a secondary one. They feel that within the north side of Woodlake a street could be opened to directly connect with the traffic light. They also suggest having a right-turn-only lane on Homewood; this would diffuse the traf- fic on Homewood Boulevard and also take away the dangerous left turns made from Homewood Boulevard onto Atlantic Avenue. Another concern is that if the City goes ahead with the realignment of Homewood Boulevard, the City will be left with an extremely large pie-shaped piece of land. There will then be the problem of what to do with that piece, of land. Mr. Scheifley suggested that Mr. Kanter and other concerned citizens bring their concerns to the Planning and Zoning Board and the Engineering Department when the hearings on this issue begin. Upon question, Mr. McDaniel, Planner, replied that a hearing date has not yet been set. Mr. Carey advised that it will be set for discussion at one of their regularly scheduled Planning & Zoning Board workshop meetings. Mrs. Durante added that there will be a notice published in the Palm Beach Post. 4.a.1. Mr. Blair requested that they discuss the subject of park and recreational impact fees at their next workshop meeting. Council concurred and requested the City Manager to schedule it. 4.b.1. Mrs. Durante stated that the western area of Delray Beach is growing very rapidly and, to date, they do not have a voting place in that area. Since they now have a fire station there, she suggests that they request the Supervisor of Elections to name that fire station as a voting place. Upon question by Mr. Scheifley, the City Clerk replied that it cannot be done in time for the March 2, 1982, election. It was the consensus of Council to accept Mrs. Durante's suggestion and to direct the Administration to proceed with it. 4.c.1. Mr. Scheifley inquired as to the status of the resolution he requested regarding parking for Delray Beach residents. The City Attorney replied that the resolution has not yet been prepared; they are waiting for additional information from the County Attorney's office. It will probably be ready for consideration at a special meeting next Tuesday before the workshop. 4.c.2. Mr. Scheifley stated that no action has been taken in regard to the two lots, located north of Atlantic Avenue on the first block of N.W. 5th Avenue, which he brought to Council's attention two months ago; they are still littered with trash and debris. He is appalled by this and feels that the management of the Building Inspection Department has been negligent in not finding a way to resolve these problems. 4.c.3. Mr. Scheifley advised that the City refused to allow the Gipper to add to their facilities, put in tables and serve drinks in the rear of their property. It came to his attention today that the Gipper has done so anyway. The City Attorney replied that his office has notified the Gipper that if they make use of the new facilities, they are subject to being cited by the Building Department. Mr. Scheifley suggested that the Administration keep a close watch on them. 4.c.4. Mr. Scheifley reported on his proposed $650,000 bond issue to provide for road resurfacing, sidewalks, traffic lights and bicycle paths. He outlined the following points regarding this proposed bond issue: (1) it would eliminate future costs to maintain and replace the streets; (2) the future residents of Delray Beach would be sharing in the cost of the improvements; this is a very small bond issue which would cost the average taxpayer about $3 to $5 perY~-h; (3) it has been mentioned that the $650,000 issue will cost a total of $2,000,000 with interest; that is true, however, in applying the same principles, a $3,000,000 issue would cost at least $10,000,000 with interest; (4) the present traffic signals do not meet current standards; (5) when the $3,000,000 bond issue came up, although they weren't enamored with it, Council was fair enough to give the voters the opportunity to express themselves; that is the democratic way; he urges Council to put his proposed issue on the ballot for the same reason; (6) the only time large crowds appear at Council meetings is when they are opposed to something; unfortunately the hundreds, and possibly thousands, of resi- dents who ride bicycles are not here tonight to ask for the bike paths they want; (7) the sidewalks he is proposing are on public property to protect school children; the one on A1A, which some people thought was budgeted for, is not in the budget and there is no financing proposed for it. He urges Council to be fair enough to put this bond issue on the March 2nd ballot and give the people a choice. - 2 - 01/12/82 Mr. Bird stated that it is his firm conviction that these are the types of things they should do out of current income. He agrees that these improvements would be nice to have but feels that they can be accomplished without a bond issue. He also feels that they should not pay 3 to 1 for these particular improvements and stated that he cannot support this proposal. Mr. Scheifley agreed with Mr. Bird that these improvements should be done by current revenue year by year, but he added that he feels it will never happen that way because these are the kind of things that are cut out of the budget during budget sessions. The proposal died for lack of a motion. Mrs. Durante stated that there are several other streets that are badly in need of repair and she feels that they cannot select some and not others to be put on a bond issue; they will have to try and do it out of ad valorem taxes. Mr. Blair stated that if they can get the park and recreational impact fee in motion, funding for bike paths could come out of that. He added further that perhaps the new City Manager will find ways to accomplish these things. Mr. Scheifley stated that the majority of residents in Delray Beach would rather see their City kept in first class condition than add new facilities and keep it in third class condition. 5.a. Mrs. Alice Finst, 707 Place Tavant, requested that item 6.b.(14) of the Consent Agenda be removed for discussion. Mr. Bird moved that item 6.b.14 be removed from the Consent Agenda for discussion, seconded by Mr. Blair. Said motion passed unani- mously. 6.a.1. Mr. Dan Winters, Parks & Recreation Director, reported on the proposed recreation bond issue for the March 2nd ballot and stated that he has been working with the City Attorney and the Finance Director and they have arrived at a figure of $3,300,000 which will be ready by Wednesday for Council review. At that time he will be able to elaborate on how much they are spending at each park. Upon question by Mr. Scheifley, he replied that he is breaking it down into staffing, main- tenance and capital costs. (This item is continued below after recess). 6.a.2. Mr. Winters presented a memorandum to Council members which he read into the record as follows: "I would at this time greatly appreciate it if you would give consideration and, hopefully, approval to the renaming of the now existing City Park located at 801 N.E. 1st Street, Delray Beach. After lengthy personal discussion with individuals living within our City, it is my personal recommendation that the above-mentioned park be renamed "Leon Weekes Park". Mayor Weekes has served this community well; I therefore feel that it would be appropriate at this time to honor him with the renaming of this facility. I appreciate your consideration. Dan Winters" It was the consensus of Council to direct the City Manager to schedule this item for discussion at the next workshop meeting. Vice-Mayor Scheifley declared a recess, the time being 7:48 P.M. The meeting reconvened at 7:55 P.M. 6.a.1. (continued from above) The City Manager presented Resolution No. 3-82: - 3 - 01/12/82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACQUISITION OF LAND FOR RECREATIONAL FACILITIES AND PARK PURPOSES, AND THE PUR- CHASE AND INSTALLATION OF RECREATIONAL FACILITIES AND EQUIPMENT IN AND FOR THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,300,000 TO FINANCE THE SAME IN THE MANNER HEREIN SET FORTH; AND ORDERING AND PROVIDING FOR A BOND ELECTION ON THE APPROVAL OF THE BONDS. (Copy of Resolution No. 3-82 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. Mr. Bird moved for adoption of Resolution No. 3-82, seconded Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 6.b. CONSENT AGENDA The City Manager requested that item 6.b.(19) be deleted from the agenda entirely. Mr. Scheifley noted that item 6.b.(14) has been removed from the Consent Agenda for discussion (See item 5.a.). The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) The Standard Developers' Utility Service Agreement has been received from Pebb Enterprises, a Florida General Partnership for water and sewer service for Shoppes of Delray, located at 14400 South Military Trail. A check in the amount of $843.75 has been deposited in the Developers' Fund to cover 2.25 acres at $375 per acre. It is recom- mended that Council approve execution of the agreement. (2) It is recommended that Council authorize Change Order No. 2 for the Water Treatment Plant Expansion. Modifications amount to an increase of $532.50 for a new contract price of $4,428,359.75. (3) It is recommended that authorization be given for Arthur V. Strock & Associates, Inc. to conduct six beach and offshore profiles from the north City limits to the south City limits to deter- mine the extent of the erosion during November, 1981. The estimated cost of these surveys is $3,000. (4) It is recommended that Council authorize Change Order No. 3 for Fire Station No. 4. Additional modifications requested by the Fire Department and the architect will amount to $1,876.42. The TV antenna and mast and the garbage disposal have been deleted and this deletion will amount to $210.00, therefore the Change Order will in- crease the contract by $1,666.42 for a total of $210,346.42. (5) As authorized by Council at the October 13, 1981 meet- ing, the 1.8-acre tract of City-owned land on the north side of Lake Ida Road adjacent to the Trinity Evangelical Lutheran Church was offered for possible sale at public auction on December 17, 1981. Mr. L.J. Burger, representing Trinity Evangelical Lutheran Church, Inc. was the only bidder in the amount of $55,000. It is recommended that Council accept the offer to purchase the tract of land. (6) It is recommended that the South Central Regional Wastewater Treatment and Disposal Board Resolution No. 9-81 increasing the wholesale sewage user charges be approved. This resolution was adopted at the SCRWTD Board Special Meeting on December 21, 1981 and requires ratification by the Cities of Delray Beach and Boynton Beach. (7) As discussed at the workshop meeting on January 5th, Council is to consider designating the day immediately preceding the regular meeting of the Civil Service Board in April of each year as the City employee election date for the Civil Service Board. Approval is recommended. - 4 - 01/12/82 (8) As discussed at the January 5th workshop meeting, Council is to consider the appointment of Matt Gracey, Jr. as a regular member of the Board of Adjustment to the unexpired term of Donald DeRenzo ending March 15, 1984, and the appointment of Donald DeRenzo as an alternate member to the unexpired term of Matt Gracey, Jr. ending March 15, 1983. Approval is recommended. (9) Pursuant to Section 23-17(e) of the Code of Ordinances the otherwise required minimum right-of-way for Congress Park and Saddle Ridge would not be feasible and since a reduction would not endanger public safety and welfare, it is recommended that a reduced right-of-way to 40 feet be granted. This was discussed at the workshop meeting on January 5th. (10) As discussed at the January 5th workshop meeting, Council is to consider approval of use of Miller Park as a parking facility for Laver's Tennis Tournament to be held January 25th to Janu- ary 31, 1982, subject to approval by the City Attorney's office relative to indemnification of insurance requirements. (11) The following bids were received for construction of two rain shelters at the Delray Beach Country Club: Bidder Quotation Norene Construction Co., Inc. $21,200 Delray Beach Larry Smith Construction 25,000 Lantana James E. Chapman 30,762 Delray Beach It is recommended that the award be made to the low bidder, Norene Construction Company, Inc. in the amount of $21,200, with funds to come from funds generated from 1980-81 revenue. This was discussed at the January 5th workshop meeting. (12) The following bids were received for the purchase of vertical blinds for the pro shop, ladies' locker room and men's locker room at the Delray Beach Country Club: Bidder Quotation Cusimano Interiors $1,770.00 Boynton Beach Keeler, Inc. 2,400.00 Delray Beach Transart Industries 3,432.50 Delray Beach It is recommended that the purchase be made from the low bidder, Cusimano Interiors in the amount of $1,770.00 with funds to come from funds allocated in the 1981-82 budget. This was discussed at the workshop meeting on January 5th. (13) The following bids were received for the purchase of a 72" outfront rotary mower for the Delray Beach Country Club: Bidder Quotation Degens Turf & Garden $6,000.00 Miramar One Stop Lawn & Garden 8,490.00 Boca Raton - 5 - 01/12/82 Turfco Industries 9,000.00 Hialeah Hector Turf & Garden, Inc. 9,550.00 Miami DeBra 9,884.00 Hollywood Kut-Kwik 10,740.00 Hollywood It is recommended that the purchase be made from One Stop Lawn & Garden in the amount of $8,490.00, with funds to come from funds allocated in the 1981-82 budget. The item quoted by Degens Turf & Garden did not meet specifications. This was discussed at the January 5th workshop meeting. (15) A request has been received from Laver's Resort & Racquet Club for a permit to erect a 80' x 160' tent to be used during the Laver's Tennis Tournament from January 26th to January 31, 1982. A certificate stating that the tent has been flame retardant treated has been received. This was discussed at the January 5th workshop meeting. Approval is recommended. (16) A communication has been received from The American Cancer Society, Palm Beach County Unit, Florida Division, Inc. request- ing permission to solicit funds from March 7th to March 13, 1982. Ap- proval is recommended. (17) The City is in receipt of an application from Pebb Enterprises, a Florida General Partnership for City water and sewer service to serve 2.25 acres, located on the east side of Military Trail, north of Atlantic Avenue, which is outside the City. This is an exist- ing shopping center. It is recommended that Council approve execution of the City's standard water service/annexation agreement which will permit the City to provide the requested water service to the applicant. (18) Resolution No. 1-82 establishing a deferred compen- sation plan for certain City personnel with the International City Management Association is before Council for consideration. Approval is recommended. The caption of Resolution No. 1-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A DEFERRED COMPENSATION PLAN FOR CERTAIN CITY PERSONNEL WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION; AUTHORIZ- ING THE MAYOR TO EXECUTE SAID PLAN AND FURTHER AUTHORIZ- ING EXECUTION OF JOINDER AGREEMENTS. (Copy of Resolution No. 1-82 is on file in the official Resolution Book) (20) The Planning & Zoning Board at a meeting held on December 21st, recommended by unanimous vote that the request to rezone a 30.59-acre parcel of land from R-1AA (Single Family Dwelling) District in part and RM-15 (Multiple Family Dwelling) District in part, to SAD (Special Activities District) and the further conditional use and site and development plan to allow an office park for Congress Park, located south of Atlantic Avenue, between Congress Avenue and the E-4 Canal, be approved subject to: (a) City Engineer's memorandum of December 18, 1981. (b) Public Utilities' memorandum of November 13, 1981. (c) Allowing only business and professional offices to locate in this development. (d) A time limitation of 18 months be set for develop- ment of the project. - 6 - 01/12/82 (e) Approval by the Board of Adjustment to allow the continuous hedge, as required by Section 30-17(J) "District Boundary Line Regulations", to be located on the residentially zoned property rather than the SAD zoned property. (f) Approval by the Fire Department. This was discussed at the January 5th workshop meeting. Approval is recommended. (21) The Planning and Zoning Board at a meeting held on December 21, 1981, recommended by unanimous vote that an amendment to the Comprehensive Plan to change the Land Use Plan designation for a 24.25-acre parcel of land from SF (Single Family) to PRD-4 (Planned Residential (4 units/acre) and rezone from R-1AA (Single Family Dwelling) District to PRD-4 (Planned Residential District) and the further site and development plan to allow 97 single family dwelling units for Saddle Ridge, located south of Atlantic Avenue, between Congress Avenue and the E-4 Canal be approved, subject to: (a) City Engineer's memorandum of December 18, 1981. (b) Public Utilities' memorandum of November 13, 1981. (c) That the developer pay to the City, a sum of money to be determined by the proposed "Park and Recre- ation Land Dedication" ordinance when adopted by City Council. (d) A time limitation of 18 months be set for develop- ment of the project. This was discussed at the workshop meeting on January 5th. Mr. Bird moved for approval of the Consent Agenda with the exception of items (14) and (19), seconded by Mr. Blair. Said motion passed unanimously. REGULAR AGENDA 6.b.14 The City Manager reported that the City is in receipt of an application from Delray Executive Square, Ltd. for City water and sewer service to serve 4.419 acres on West Atlantic Avenue approximately one mile west of Military Trail, which is outside the City. The property is to be used for a professional building. It is recommended that Council approve execution of the City's standard water service/annexation agree- ment which will permit the City to provide the requested water service to the applicant. This was discussed at the workshop meeting on January 5th. Mrs. Alice Finst, President of the Homeowners League of Chatelaine, stated that last spring a policy statement was proposed by the Planning & Zoning Board which would prohibit water being given to areas which do not qualify for annexation. She inquired as to why Delray Executive Square, which does not qualify for annexation, has been recommended to Council for approval of execution of the City's standard water service/annexation agreement. It is west of Military Trail and west of the border for the reserve area. Mrs. Finst noted that the applicant has said he could easily get water from another source and added that approval of this proposal would be unfair to the residents of the City who will be deprived of their water supply. Mr. Scheifley explained that this agreement is contingent upon the expansion of the water plant and therefore the residents would not be affected. Mrs. Finst advised that she spoke to Mrs. Yansura of the South Florida Water Management District who stated that more people using the water would deplete the supply faster and would more quickly put them in a restric- tive situation. - 7 - 01/12/82 Mr. Bird explained that the critical issue is that a reduc- tion by the Water Management District is a reduction in overall con- sumption throughout the entire area served by them and has nothing to do with the City per se. If the Water Management District mandates a 25% reduction, it does not really matter whether this project is drawing water from the City or from some other source; it's still going to be drawing water from that same overall subterranean supply. The benefit to the City and the reason why they are considering this as an appropri- ate request is because it would provide completion of a loop and there- fore provide better water pressure to all of the citizens who live along that loop. He added that the City Engineers feel that approval of this agreement and completion of the loop will benefit the citizens of Delray Beach. Mrs. Finst stated that Mr. Gates Castle informed her that the water plant expansion will not change the pressure at all and that the only thing that will improve the pressure is the completion of the underwater reservoir behind Sudan Subdivision; that project is at a hold now because there is no right-of-way into the land which the City ac- quired. She urged City Council not to grant this request for water. Mr. Warren Newell, representing Delray Executive Square, explained that the property is only 1600 feet west of Military Trail, is within the reserve area of Delray Beach, and calls for commercial use. He added that the City's water pressure will not be endangered by their system; they're completing a looping system in order to increase the water pressure. The uses for the property are mainly professional such as real estate, law, doctors and dentists, which are known to be very low users in water. They will not be using any water for irrigation purposes; the water for irrigation comes from a lake which is on the property. They would prefer City water as opposed to well water because the professional people there, such as the dentists and doctors, would not want to use bad quality water when treating patients. Mr. Castle has informed him that there will be plenty of capacity when the plant comes on line and that he would like to see them complete this loop. Mr. Newell advised that the area surrounding this project is already getting water service by the City and added that they simply want to complete a system and are requesting Council's approval. Mr. Frank Carey, Planning & Zoning Board, advised that about a year ago the Utilities Director reported to Council that the City's water plant and its increased capacity, at the time it is completed, will be capable of servicing Delray Beach and its reserve area based on the adopted Land Use Plan. He pointed out that High Point West and several other projects are in violation of the Land Use map. He further stated that he feels the requests for City service will eventuallY exceed the capacity of the plant and its expansion. All of the computa- tions for the expanded plant were based on numbers the Board gave to the Utilities Department at the time they adopted the Land Use Plan. He agrees that it makes sense to close the loop but feels that the loop never should have been there. He also feels that the City's greatest planning tool over the years has been its water resource; however, the City fails to use that tool by failing to make people requesting City water service conform to the City's Land Use and zoning. That has been a terrible mistake on the part of the City and he urges City Council to stick to the Land Use Plan. Mrs. Durante noted that about a year ago when they addressed the issue of water beyond Military Trail, they asked the Utilities Department to take another look at the uses in that area and to find out what demand those uses would make on the water supply. She noted that office buildings use far less water than residential dwellings and she suggested that this be looked into again. Upon question by Mr. Scheifley, the City Manager stated that the City can charge up to 50% higher rates for service outside the City. Mr. Bird stated that Mr. Carey brought up a good point and requested that the City Attorney and Administration review it. - 8 - 01/12/82 Mr. Bird moved for approval of water and sewer service for the Delray Executive Sq., Ltd.with the deletion of the annexation provisions subject to being effective after the new water plant is on line and subject to sufficient capacity being available at that time, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Scheifley suggested that in the future they delete the annexation provi- sions in agreements such as this one. Mr. Bird stated that he is not prepared to set a policy now; he would prefer to revisit that issue separately. At this point the roll was called to the motion. 6.c. The City Manager reported that Council is to acknowledge receipt of a letter from Namil Corporation/Nathan Miller of January 4, 1982 requesting withdrawal of their petition for rezoning. Mrs. Durante moved to accept the letter of withdrawal, seconded by Mr. Bird. Said motion passed unanimously. 6.d. The City Manager reported that as discussed at the January 5th workshop meeting, Council is to consider the reversal of exchange of property between the City and Namil Corporation. Mr. Bird moved to approve the reversal of the exchange of property between the City and Namil Corporation authorizing execution of the necessary deeds and to start over from step one, seconded by Mrs. Durante. Said motion passed unanimously. 6.e. The City Manager reported that as decided at the January 5th workshop meeting, Council is to continue discussion of the garbage and trash collection bid. Mr. Robert French, President of Country Manors Condominium Association, thanked the City Manager for notifying them of this item and requested that the City allow them to continue to negotiate with a private contractor for their garbage pickup. They find the service very satisfactory and find they are saving money. Council discussion was had regarding a memorandum from David Huddleston, Finance Director, dated January 8, 1981, showing a revised bid from SCA Services. The City Manager noted that the revised bid shows a yearly price of $1,595,440 and advised that it was submitted because of Council's request to remove the transfer station. He added that this bid is contingent upon the fact that SCA will not operate the transfer station and will pay $2.00 per ton for using the transfer station which, at this point, is costing the City about $16.00 per ton. Mr. Bird added that he was informed by an SCA representative that the $2.00 does not include the tipping fee which fee is included in the City's figure of $16.00. He inquired as to what else they did or did not include. Mr. Max Goolsb¥, SCA representative, stated that Mr. Hunt informed him that he had not considered what transfer fee he would charge for operation. Trying to be timely they took a $2.00 per ton assumption and fed that into the bid. That fee covers transfer only; it does not cover the disposal fee at the land fill. He advised that SCA feels that the best proposal for the City is the original bid whereby SCA would operate the transfer station; that bid was $1,699,316. Upon question by Mr. Bird, Mr. Goolsby replied that landscape debris would come to the transfer station and they would charge $15.00 per ton and be responsible for disposal and transfer costs. Mr. Scheifley suggested that they refer this subject to a workshop meeting so that they have a chance to study it further. Mr. Bird stated that at the beginning of the budget year they decided that they would not adjust their trash collection rates until they could find out what it would cost them to go to a contract operation. It seems to him, after reading Mr. Huddleston's memorandum and information received from SCA, that they are going to raise the fees anyway. Mr. Scheifley stated he felt they should have raised the fees three or four months ago - 9 - 01/12/82 but Council did not concur with him at that time. Mrs. Durante noted that they will need to raise the fees regardless of whether or not they go to private contract and concurred with Mr. Scheifley's suggestion to send this issue to workshop. Mr. Bird moved that they have an ordinance drafted for the next formal meeting, or next week's special meeting if possible, ap- proving the fees recommended by the Finance Director to balance the budget, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird advised that passage of such an ordinance will give SCA more time to rework their bid, if necessary, without the City being put in jeopardy. Upon question by Mrs. Durante, Mr. Huddleston replied that the proposed rates will be sufficient to capture enough revenue for the fiscal year to balance the budget to go back a 4 to 5 month period. Mr. Scheifley advised that Council received a letter from Dr. Carl C. Fischer concerning a recommendation made by Tropic Bay regarding a change of rates for condominiums. He also advised that Council received a letter from Mr. Emanuel Krupp, Rainberry Bay Board of Directors, requesting the privilege of using a private contractor. Upon question by Mr. Sam Portnay, Mr. Scheifley replied that High Point and Country Manors are excluded from these rates until July 1st. He recommended that Council bring it up for discussion in April. Mr. Bird advised that before they discuss it, they need an impact state- ment from the Administration showing if the maximum number of similarly organized condominium developments were to choose to opt out, what they are left with. Mr. Scheifley asked the City Manager to write a memo to Mr. Tiffany to that effect. He added that the issue of other similar developments going to private contractors will be discussed after the City's major decision has been made. At this point the roll was called to the motion. 7. There were no petitions and communications. 8.a. The City Manager reported that Ordinance No. 78-81 relative to annexing a parcel of land located on the south side of Avenue "L", between Frederick Boulevard and Spanish Trail, subject to RM-10 (Mul- tiple Family Dwelling) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 11, 1981 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. 78-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 72 THROUGH 81, INCLUSIVE, BLOCK 32, DEL RATON PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND IS LOCATED ON THE SOUTH SIDE OF AVENUE "L", BETWEEN FREDERICK BOULEVARD AND SPANISH TRAIL, 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. 78-81 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. - 10 - 01/12/82 Mr. Bird moved for the adoption of Ordinance No. 78-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes: Mr. Blair - Yes; Mr. Bird - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.b. The City Manager reported that Ordinance No. 81-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Ordinance No. 17-79 requiring that the development of the Gulfstream Bank drive-in facility, located at the southeast corner of U.S. No. 1 and Linton Boulevard be constructed in accordance with the site and development plans prepared by McCall and Lynch. This ordinance was passed on First Reading at the December 8, 1981 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. 81-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 17-79 BY AMENDING SECTION 3 TO INCLUDE ADDITIONAL SITE AND DEVELOPMENT PLANS WITH WHICH CONSTRUCTION MUST BE IN ACCORDANCE; AMENDING SECTION 4 TO INCREASE THE TIME LIMITATION OF THE APPROVAL FROM THIRTY (30) MONTHS TO THIRTY-SIX (36) MONTHS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 81-81 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. Mr. Frank Carey, Planning and Zoning Board, expressed his objection to this ordinance and added that there have been further violations by this same developer. The public hearing was closed. Upon question by Mrs. Durante, Mr. McDaniel, City Planner, replied that the Planning and Zoning Board has never considered this proposal because it has never come before them. Mr. Bird advised that there was an error in that a permit had been issued in violation of the Building Code and this proposal did not go to the Planning and Zoning Board because it had already been constructed. Mr. Bird moved for adoption of Ordinance No. 81-81 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice- Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.c. The City Manager reported that Ordinance No. 82-81, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances rela- tive to a minimum fine of $15.00 per day for any violation of the sign ordinance is before Council for consideration on Second and FINAL Read- ing. This ordinance was passed on First Reading at the December 8, 1981 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. 82-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION'', ARTICLE VIII "SIGNS AND BILLBOARDS", BY AMENDING SECTION 9-220 "PROCEDURE ON VIOLATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, - 11 - 01/12/82 BY RELETTERING PARAGRAPH (C) TO BECOME PARAGRAPH (D); ENACTING A NEW PARAGRAPH (C) TO PROVIDE FOR A MINIMUM FINE OF FIFTEEN DOLLARS ($15.00) PER DAY FOR ANY VIOLA- TION OF A PROVISION OF ARTICLE VIII BY A SIGN CONTRACTOR OR BY A PERSON FOR WHOM A SIGN IS ERECTED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 82-81 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 adoption of Ordinance No. 82-81 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.d. The City Manager reported that Ordinance No. 83-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to building setbacks. This ordinance was passed on First Reading at the December 8, 1981 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. 83-81: 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 30-6 "RM-6 MULTIPLE FAMILY DWELLING DISTRICT", PARAGRAPH (F) "BUILDING SETBACKS"; SECTION 30-7 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", PARAGRAPH (F) "BUILDING SETBACKS"; SECTION 30-8 "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", PARAGRAPH (F) "BUILDING SET- BACKS"; AND SECTION 30-8.3 "PRD-10 PLANNED RESIDENTIAL DISTRICT", PARAGRAPH (F) "BUILDING SETBACKS", SUBPARA- GRAPH (3) TO INCREASE VARIOUS BUILDING SETBACKS FOR MULTIPLE FAMILY PROJECTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 83-81 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 adoption of Ordinance No. 83-81 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice- Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.e. The City Manager reported that Ordinance No. 84-81, amending Chapter 8 "Boats and Boating" of the Code of Ordinances re docking rates is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the December 8, 1981 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. 84-81: - 12 - 01/12/82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8 "BOATS AND BOATING", ARTICLE II "ANCHORING AND MOORING", DIVISION 2 "CITY MARINA" BY AMENDING SECTION 8-43 "DOCKAGE RATES", PARA- GRAPH (A), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO INCREASE THE VARIOUS RATES FOR DOCKAGE AT THE CITY MARINA; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 84-81 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. Mr. Peter A. Nygren, 159 Marine Way, Slip ~1, spoke in op- position of the proposed ordinance and noted that this is the second raise in two years and will amount to 40%. He stated that their last raise was for improvements to the Marina yet there have been none and he listed several areas which, he feels, need improvement. He added that last year $45,000 was turned over from the Marina Fund to the General Fund. He referred to a letter written to the City by Mr. Parsley and suggested that Council not put too much faith in Mr. Parsley's letter. He suggested that City Council compare the facilities of their Marina with those of neighboring cities before taking any action on this issue. Mr. Russ Burly, 159 Marine Way, Slip #14, spoke in opposi- tion of the increase and stated that, in reviewing the City budget, he found that some of the figures appropriated for supplies, repairs and upkeep for the Marina are not accurate; the City is allowing the Marina to deteriorate by not maintaining it and, therefore, they feel it is inappropriate for the City to again raise the fees at this time. He suggested that City Council check the budget and consider it before taking action on this rate increase. Mr. James Bowen, 116 Marine Way, noted that he has owned land on the boat docks for 23 years and he supports the boat-owners in opposition of this rate increase. He outlined the history of ownership of the Marina and described some of the problems there. He stated that better management is needed and suggested that the Administration table this ordinance, get input from boaters and residents alike and do some- thing about it instead of raising rates. Mrs. Elizabeth Matthews, 1024 White Drive, noted that the Intracoastal Waterway is considered a very desirable location and added, relative to the 40% increase being addressed, many landowners living there have had an increase in their real estate taxes of more than 100%. Mrs. Stephanie Burly, 159 Marine Way, Slip #14, stated that she owns property on Jasmine Terrace, which is on the Intracoastal, and pointed out that her taxes for that property have gone down. The public hearing was closed. Mrs. Durante moved for the adoption of Ordinance No. 84-81 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Scheifley advised that the City looked at the rates for Marinas in the neighboring communities and found these to be fair and equitable and in line with others. He suggested that the Administration take a look at the docks and at the deficiencies pointed out and perhaps some action should be taken. Mr. Bird concurred and added that the recommendation for tighter supervision at the docks is well taken. At this point the roll was called to the motion. - 13 - 01/12/82 8.f. The City Manager reported that Ordinance No. 85-81 relative to the adoption of the 1979 edition of the Southern Standard Gas Code as compiled by the Southern Building Code Congress is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the December 8, 1981 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. 85-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION'', ARTICLE III "GAS CODE", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-31 "ADOPTED" PARAGRAPH (a) TO PROVIDE FOR THE ADOPTION OF THE 1979 EDITION OF THE SOUTHERN STANDARD GAS CODE AND OF THE 1980 AMENDMENTS THERETO; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 85-81 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. Mrs. Durante moved for the adoption of Ordinance No. 85-81 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.~. The City Manager reported that Ordinance No. 86-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Section 9-183 of the City's Code of Ordinances by adopting the 1979 edition of the Southern Standard Housing Code. This ordinance was passed on First Reading at the December 8, 1981 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. 86-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VII "HOUSING", SECTION 9-183 "CODE ADOPTED" TO PROVIDE FOR THE ADOPTION OF THE 1979 EDITION OF THE STANDARD HOUSING CODE AND OF THE 1980 AMENDMENTS THERETO EXCEPTING SECTIONS 106 AND 107: AMENDING ARTICLE XIII "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS", SECTION 9-463 "APPLICATION OF ARTICLE" TO DELETE THE REFERENCE TO THE 1973 EDITION OF THE STAND- ARD HOUSING CODE; AMENDING ARTICLE XVII "BOARD OF CON- STRUCTION APPEALS", SECTION 9-568 "RIGHTS, POWERS, PRIVI- LEGES AND DUTIES", PARAGRAPH (a) "APPEALS" TO INCLUDE THE PROVISIONS OF ARTICLE VII "HOUSING" AMONG THOSE TO BE INTERPRETED BY THE BOARD OF CONSTRUCTION APPEALS; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 86-81 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. - 14 - 01/12/82 Mr. Bird moved for the adoption of Ordinance No. 86-81 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.h. The City Manager reported that Ordinance No. 87-81, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances rela- tive to installation and maintenance of landscaping is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the December 8, 1981 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. 87-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION'', ARTICLE X "LANDSCAPING", BY AMENDING SECTION 9-373 "OBJECTIVE; SCOPE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT THE RE- QUIREMENTS OF THE ARTICLE DO NOT APPLY TO NEW CONSTRUC- TION OF PARKING AREAS OR OTHER VEHICULAR USE AREAS WHICH ARE PART OF A SINGLE FAMILY DWELLING UNIT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 87-81 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. 87-81 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.i. The City Manager reported that Ordinance No. 90-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Water and Sewers" of the Code of Ordi- nances relative to providing for notice to the owner of the property of the City's intent to file a lien against the property for the amount of the unpaid water bill. This ordinance was passed on First Reading at the December 15, 1981 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. 90-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-22, "WHEN BILL DELIN- QUENT; DISCONTINUING SERVICE; PROCEDURE", BY ADDING A NEW SUBSECTION (h) PROVIDING FOR NOTICE TO THE OWNER OF THE SUBJECT REAL PROPERTY OF THE CITY'S INTENT TO FILE A LIEN AGAINST SAID PROPERTY FOR AMOUNT OF UNPAID WATER BILL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 90-81 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. - 15 - 01/12/82 Mrs. Durante moved for adoption of Ordinance No. 90-81 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. The City Manager reported that Ordinance No. 1-82 relative to annexing a 5.21-acre parcel of land located on the south side of the L-32 Canal, between Congress Avenue and the Seaboard Airline Railroad, subject to MI (Medium Industrial) District is before Council for con- sideration on First Reading. This property is presently zoned in the County as IG (General Industrial). Second and FINAL Reading and public hearing will be held at the meeting on February 9th. The City Manager presented Ordinance No. 1-82: 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. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 1-82 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice- Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.k. The City Manager reported that Ordinance No. 2-82 providing for Charter changes to Article V "Elections" relative to elections is before Council for consideration on First Reading. This was discussed at the workshop meeeting on January 5th. The City Manager presented Ordinance No. 2-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE V."ELECTIONS", SECTION 5.05. "CERTIFICATION OF ELECTIONS" SUBSECTION (a) TO ELIMINATE THE CERTIFICATION REQUIREMENT BY THE CLERK OF ELECTIONS AND THE MAJORITY OF THE IN- SPECTORS OF THE ELECTIONS; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD MARCH 2, 1982; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 2-82 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice- Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. John Donovan, 1515 Gallinule Drive, stated that he is highly in favor of this ordinance and complimented the City Clerk for making this change. At this point the roll was called to the motion. 8.1. The City Manager reported that Ordinance No. 3-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to storage build- ings is before Council for consideration on First Reading. This was discussed at the workshop meeting on January 5th. The City Manager presented Ordinance No. 3-82: 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 AMENDING SECTION 30-11 "GC GENERAL COMMERCIAL DISTRICT", - 16 - 01/12/82 PARAGRAPH (B) "PERMITTED USES", AND SECTION 30-12 "SC SPECIALIZED COMMERCIAL DISTRICT", PARAGRAPH B "PERMITTED USES", TO INCLUDE AS A PERMITTED USE STORAGE BUILDINGS ACCESSORY TO THE PRIMARY COMMERCIAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 3-82 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice- Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Robert Spence explained that under general commercial zoning there is a section called special regulation which allows storage within 100 feet of the railroad and he asked if, under special regulation, they would still be allowed to rent out stor- age space to someone who does not have their primary business at that location. The City Attorney replied yes; this ordinance will not effect special regulation. At this point the roll was called to the motion. 9. Mr. Bird moved that no permit request which does not comply with the approved site plan be issued without a review and approval by the Planning Department, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird stated that he is making this a formal motion just for the purpose of having it in the record. He listed several violations and added that there is no explanation why they cannot solve this problem administra- tively; Council members agreed. Mr. Carey stated that about five years ago the Planning and Zoning Board recommended to Council that the City employ a person as liaison between the Building Inspection Department and Planning Depart- ment; unfortunately, the Administration did not concur and it never got off the ground. He feels it would be a terrible mistake to combine the two departments because they serve two entirely different functions. He suggested having an employee within the Building Department who would be, essentially, an arm of the Planning Department and who would be totally responsible for reviewing all applications. Mrs. Matthews suggested that they color the issuing of permits which are contrary to the City code and which go back about six years. Mr. Carey stated that this Council cannot sit here and let these developers violate the law. At this point the roll was called to the motion. Vice-Mayor Scheifley declared the meeting adjourned at 9:18 P.M. ATTEST: // City Clerk 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 12, 1982, which minutes were formally approved and adopted by the City Council on ~l. ~ /~. · NOTE TO READER: ~ City Clerk 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. - 17 - 01/12/82