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02-09-82 FEBRUARY 9, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, February 9, 1982, with Mayor Leon M. Weekes, presiding and City Manager Gordon D. Tiffany, City Attorney Herbert W.A. Thiele, and Council mem- bers James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. 1. The opening prayer was delivered by Reverend John Hadlock, Church of the Nazarene. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of January 26, 1982 and the special meeting of January 19, 1982, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mr. Bird stated that he heard an editorial on television today in which the Mayor of New York was quoted as saying that during the time that he had served as Congressman, he had voted in favor of every appropriation that would do anybody any good at all; it was only after becoming Mayor that he found they cannot afford to do everything for everybody. Mr. Bird added that he hopes that all of them who have had the opportunity to serve the City realize that they do not have the dollars to do everything for everyone and will remember what happened to Mayor Koch. 4.b.1. Mr. Scheifley noted that for the last three months he has been mentioning two lots on N.W. 5th Avenue which are covered with litter and debris. He added that a third lot, the lot on the Northeast corner of Atlantic Avenue and N.W. 9th Avenue, is also a disgrace. As yet ~there is no visible progress on any of these lots but he is hopeful that the Administration will be able to come up with more expeditious procedures to accomplish this end. 4.c.1. Mr. Blair stated that last week he, Mrs. Durante and members of the Beautification Committee went on a bus trip around the City to inspect facilities and eyesores. Mr. Blair commended the Beautification Committee for caring about the appearance of the City. He added that he feels Council treats the Beautification Committee minutes too lightly and suggested that the Committee be given more support by Council. 4.c.2. Mr. Blair stated, for the record, that he will definitely support the formation of a new Financial Advisory Board (Internal Audit Committee). 4.c.3. Mr. Blair stated that he believes Delray Beach has good City employees but there is a need for better supervision. He wants the new City Manager to know where he stands; that he supports better super- vision in all departments and he will support the City Manager in any efforts to get rid of all the petty nonsense which keeps appearing in the newspapers. 4.d.1. Mayor Weekes presented and read a proclamation calling for the first nonpartisan election and referendum to be held on Tuesday, March 2, 1982, between the hours of 7:00 AM and 7:00 PM and designating the precincts and polling places in the City of Delray Beach. 4.d.2. Mayor Weekes stated that he spent yesterday in Tallahassee trying to further their annexation bill. It was before the Community Affairs Committee and the House yesterday and he is sorry to report that it was referred to the Subcommittee on Local Government Affairs, which may or may not mean death with dignity to the bill. He has spoken to Senator Harry Johnston who sponsored the bill in the Senate; the bill will come before the Senate Committee next week and Senator Johnston is confident that it will pass there. Their job now is to answer the questions of those representatives of the House who had concerns about the bill. He added that he is committed to this endeavor and will follow it through until its conclusion. 4.d.3. Mayor Weekes inquired as to how Council wishes to proceed regarding the attempt to purchase Mrs. Harris' 16+ acres adjacent to the golf course on Homewood Boulevard. He advised that he has talked to her attorney and she is willing to negotiate with the City and would be willing to consider some sort of term purchase arrangement. Mr. Blair asked about the possibility of having a lease purchasing agreement. The City Attorney replied that this possibility is being researched by his office. Upon question by Mrs. Durante, Mayor Weekes replied that he is supposed to call Mrs. Harris' attorney tomorrow and let him know what Council's desire is. Mrs. Durante stated she hopes that this item as well as the uses for the money from recreation impact fees are the types of items their new Recreation Committee will research and give input on. Mayor Weekes stated that the price is going to be about $800,000 to $900,000 and, if purchased on a term basis, the interest would probably bring the price up to about one million dollars. Although the land purchase is desirable, he feels that they need to develop the other recreational needs of the City rather than drain all of their recreational resources on this purchase. Mr. Scheifley advised that he talked to Mrs. Harris last Friday and she informed him that she wants the City to have this land and will agree to any terms the City would like to make. Mrs. Durante suggested that they explore the legality of the lease purchase agree- ment. Mr. Bird stated that, in many instances, what they need are more unsupervised open areas where children can have free play; he noted that one of the areas most heavily used for this purpose is the one right beside City Hall. His concern is that if they allow one of the few well-placed available land areas West of 1-95 to be used for some other purpose, it will never be available to them again. He is in favor of continuing negotiations, in hopes that they will come up with something that will meet their needs and still be at a price they can afford in the short term, even if that includes an interest penalty. Mr. Blair echoed Mr. Bird's comments and added that these properties, once they're sold, will be gone forever. If the City needs more area for recreation, he feels it is very important that they take action at this time; they do not have to develop it at this time. Mr. Bird moved to direct the Mayor to continue his investi- gations with Mrs. Harris and to see if she would be amenable to some sort of lease purchase arrangement which would permit the City to bind the property at a lesser investment, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Sam Schwimer stated that he feels the main issue is who is going to use this land. The vicinity around the golf course is primarily senior citizens living in condominiums, most of which have their own recreational facilities. Council should consider providing facilities for children and use the money from the impact fees in areas where the children need it. Upon the request of Mr. Scheifley, Mr. Bird clarified the motion as follows: The motion is to direct the Mayor to investigate with Mrs. Harris and/or her attorney, after consultation with the City Attorney, as to the legality of entering into a lease purchase; and if such action is legal, what terms they would have to accommodate to as far as Mrs. Harris is concerned; and then report back to Council for a decision. Mr. Bird explained that they have not decided to buy anything at this time; they have only decided to discuss terms with Mrs. Harris. Mr. Scheifley added that he hopes this explanation will eliminate the possibility of any misleading headlines in tomorrow's news. At this point the roll was called to the motion. Mayor Weekes left the Council Chambers at this time. - 2 - 02/09/82 5.a.1. Mrs. Adele Jackel, 784 N.W. 25th Avenue, discussed the complaints made three weeks ago regarding debris on the beach. She presented a picture of the items she found on the beach Sunday at 12:00 noon. She noted that, as she understands it, the beach is supposed to be cleaned on Monday morning and added that at 12:30 P.M. Monday, she returned to the same spot and found the same items once again, which items, with the exception of a board with rusty nails which she couldn't carry, she presented to Council (beer bottle, handlebar, paper, etc.). Vice-Mayor Scheifley asked that the City Manager take note of this complaint. 5.b.1. Mr. Alfred Straghn, 26 S.W. 5th Avenue, agreed with Mr. Scheifley regarding the two lots on N.W. 5th Avenue and suggested that the person in charge of cleaning lots be told about this problem. He added that on the south side of Atlantic Avenue there is another vacant lot in which wrecked cars are beginning to pile up; these cars are being occupied by drifters who sleep in them. Vice-Mayor Scheifley replied that he is confident that the City Manager will take action to correct these problems. If they can all be patient for a little longer, he thinks they will get the job done. Mrs. Durante stated that after the City Manager has had some time to get adjusted, she will start pointing out a lot of other places just like the ones already mentioned. Mayor Weekes returned to the Council Chambers at this time. 5.c.1. Mrs. T.F. Ericson, 689 Lindell Blvd., noted that the $25.00 fee for beach parking stickers only includes two parks and asked if anything is being done to expand that. Mayor Weekes replied that they cannot have parking stickers along A1A because that is a State road. He added that there will never be ample parking, but they are trying to develop some additional parking for Delray citizens. He hopes, if that comes to pass, that stickers will be sold to citizens only for those spaces. Mrs. Ericson asked how long it would take for that to pass. The City Attorney replied that the agreement for residents use only has been drafted and they are still negotiating with the County Attorney's office. He estimates that by the end of the month they should come to terms on an agreement. Mayor Weekes requested that the City Attorney try to expedite this issue. 5.d.1. Mrs. Rita Schaken, Rainberry Woods, stated that about two years ago, before the meters were put in at the beach, she suggested that parking spaces for motorcycles and compact cars be marked off in order to save space. At that time she also requested that trash cans be put along the beach. The Administration's response to both requests was that it is not feasible. She feels that this Administration has never tried to improve the existing beach parking and noted that the meters were put in before any study was done to maximize parking. She still maintains that trash cans spaced all over the beach will deter most people from littering. She commended the Director of Lifeguards who was picking up trash along the beach the last time she went there; she assumes that he does it regularly although it is probably not his job. With a new City Manager and an upcoming election, she feels that they have a new chance of improving the beach. 6.a.1. The City Manager reported on a memo which he received today from the Parks & Recreation Director regarding temporary leasing of the vehicle inspection station on Congress Avenue. The inspection station would be used by the Parks Department for storage and operations during the time that their work area in the Public Works complex is being reconstructed. It has already been approved by the Palm Beach County Commission and it is recommended that City Council agree in concept to the following conditions: (A) $1.00 a year lease (B) 12 month lease (C) Lease begins this date (D) Painting will be required on Exterior now and Interior when we leave (E) We assume all maintenance - 3 - 02/09/82 (F) We are responsible for existing equipment (of which there is very little) (G) Customary Insurance involved (H) County assumes right to rescind lease within 30 days if either Co-tran needs it or the M.V.I. program is reinstated (I) We assume utility bills (J) Lease terminates upon completion of our facility in 12 months or whichever comes first. Mr. Bird moved for approval of the Administration's recom- mendation, seconded by Mr. Blair. Said motion passed unanimously. Before roll call, upon question by Mrs. Durante, the City Manager replied that the Public Works complex is being built in phases, the first of which is the Parks Department. Once that is completed, Public Works personnel could move into the station during the twelve month period if the space is needed; however, he does not expect to have any sanitation workers over there. At this point the roll was called to the motion. 6.a.2. The City Manager reported that, as discussed at the February 2nd workshop, Council is to consider reducing the retainage of Inter- county Construction Corporation on the Water Treatment Plant Expansion Project. He has conferred with the Finance Director and the Interim Utilities Director and they recommend reducing the retainage to $50,000, to cover the estimated $36,000 worth of work yet to be completed, plus an additional $14,000 to protect the City against any items that might arise. Mr. Bird moved for approval of the City Manager's recom- mendation, seconded by Mr. Scheifley. Said motion passed unanimously. 6.a.3. The City Manager advised that this afternoon he approved contracts for the clean-up of 17 lots under the City's program. The only change in the program is that they will bill a 15% surcharge in addition to the amount of the contract for Administrative costs. After further analysis is done, he expects that figure to be somewhat greater than 15%. For the record, he intends to advise the City that they should be billing these people, not only for the actual cost of cleaning the lots, but also for the Administrative overhead. These people will end up paying a lot more to the City for cleaning up their lots than if they had done it themselves. 6.a.4. The City Manager reported that discussion of the Water and Sewer Rate Study is scheduled for the next workshop agenda, and added that he is bringing this up now because it is a matter of some complex- ity and will require at least an hour of presentation and discussion. Council may, therefore, want to consider scheduling a special workshop meeting next week. Mayor Weekes advised that the City Manager is the one who normally sets up the workshop agendas. City Council tries to conduct those meetings in not more than three hours and the City Manager works it out according to that time frame. He can either schedule this item for the regular workshop meeting next Tuesday allocating 1 to 2 hours for it, or, if there are a lot of workshop items which will re- quire discussion, schedule a special workshop for the Water and Sewer Rate Study alone. The City Manager stated that he does not think the additional items on that agenda will require much discussion. Mayor Weekes suggested that he and the City Manager get together to discuss this further. 6.a.5. The City Attorney reported that the City is in receipt of a request for relief from Mr. Harry L. Pariser, and explained that Mr. Pariser owns property in the Del Aire Subdivision which was recently an- nexed into the City. During the course of the annexation, Mr. Pariser applied for and was given a County variance relative to setbacks for installation of a swimming pool, which variance involved application fees, surveys, etc. Mr. Pariser did not begin construction of his pool before annexation; therefore, he received a variance from the County - 4 - 02/09/82 which is inapplicable to the City Ordinances. The City Attorney advised that he can find only two ways around this: (1) to waive the Board of Adjustment fee so that Mr. Pariser may get a variance from the City; or (2) to adopt the County's variance as their own; however, the County's setback provisions differ from the City's. Mr. Bird moved to waive the City's Board of Adjustment fee, seconded by Mr. Blair. Said motion passed unanimously. 6.b. CONSENT AGENDA The City Manager advised that on item 6.b.4., the easement deed will be from Charles J. Soukup, owner, rather than Mr. Crenshaw, Trustee. The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) It is recommended that the South Central Regional Wastewater Treatment and Disposal Board's contract for the Interim Mechanical Screening Facilities at the Regional Wastewater Plant be approved. This contract was approved at the SCRWTD Board meeting on February 3, 1982, and requires ratification by the Cities of Delray Beach and Boynton Beach. (2) The following quotations were received for the purchase of 24 lockers for the Public Utilities Department: Bidder Quotation Duncan Edwards $897.60 FOB Delray Ft. Lauderdale (not set up) Adapto 898.08 FOB Hialeah Hialeah and freight Industry Equipment 1,176.00 FOB Ohio Ohio and freight Coastal Equipment 1,152.00 FOB Delray Ft. Lauderdale (includes set up) Benchcraft 1,728.00 FOB Delray Tampa (includes set up) It is recommended that the purchase be made from Duncan Edwards in the amount of $897.60, with $800.00 to come from budgeted funds and the additional funds to come from the water distribution budget. (~) As discussed at the February 2nd workshop meeting, Council is to consider the appointment of William Owens as an alternate member of the Code Enforcement Board to a term ending January 14, 1983. Approval is recommended. (4) It is recommended that the City accept a 9-foot ease- ment deed from Charles J. Soukup to construct a storm sewer to drain a low spot in the 900 block, Hyacinth Drive. (5) The City is in receipt of an application from Norman and Rhoda Christiansen for City water and sewer service to serve a 3-acre parcel of land at 15806 S.W. 4th Avenue, which is outside the City. The present use of the property is unimproved and the proposed use is for a wood truss _manufacturing plant. It is recommended that Council approve execution of the City's standard water service/annexa- tion agreement which will permit the City to provide the requested water service to the applicants. (6) It is recommended that the minutes of the Beautifi- cation Committee meeting of January 6, 1982 be acknowledged. - 5 - 02/09/82 (7) Resolution No. 9-82 relative to awarding a contract for electrical installations for the City Marina is before Council for consideration. C.R. Dunn, Inc., West Palm Beach is the only bidder. It is recommended that the contract be awarded to C.R. Dunn, Inc. in the amount of $49,438.00 with funds to come from the excess Florida Power & Light Company reserve. The caption of Resolution No. 9-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR ELECTRICAL IN- STALLATIONS FOR THE CITY MARINA, PROJECT NO. 09-30-81-DB IN THE CITY OF DELRAY BEACH. (Copy of Resolution No. 9-82 is on file in the official Resolution Book) (8) The Planning & Zoning Board at a meeting held on Febru- ary 3rd, recommended by unanimous vote that the final plat for Congress Avenue Auto Center, located south of the L-32 Canal, between Congress Avenue and the E-4 Canal be approved, subject to the Assistant Director of Public Utilities' memorandum of December 21, 1981. Approval Ss recommended. Mr. Bird moved for adoption of the Consent Agenda, seconded by Mr. Scheifley. Said motion passed unanimously. REGULAR AGENDA 6.c. The City Manager reported that Council should consider designating a Council Member as a representative for the testing on Friday, February 26, 1982 of the Automatic Tabulating Equipment at the Voting Equipment Center, Palm Beach International Building, relative to the Delray Beach Municipal Election which will be held Tuesday, March 2, 1982. It is recommended that a Council Member be designated as a repre- sentative for the testing. Mr. Scheifley moved to designate Mr. Bird as the representa- tive and Mr. Blair as the alternate, seconded by Mrs. Durante. Said motion passed unanimously. 6.d. The City Manager reported that as discussed at the workshop meeting on February 2nd, Council is to consider approving and authoriz- ing execution and transmittal of the agreement between the City and Tartan-Laver Delray, Inc. regarding installation of traffic signali- zation at the intersection of Linton Boulevard and S.W. 10th Avenue. Mr. Bird moved for approval, seconded by Mrs. Durante. Said motion passed unanimously. 6.e. The City Manager reported that pursuant to Section 13-18 of the Code of Ordinances pertaining to the question of the existence or non-existence of a public nuisance as set forth in the notice dated January 8, 1982, a public hearing is scheduled to be held at this time relative to the property located at 1101 West Atlantic Avenue and 1127 West Atlantic Avenue. The City Attorney advised that if the City Man- ager, Chief Building Official or designee determines that a public nuisance exists on a piece of property, City ordinances give the owner the right to appeal that determination and City Council is to conduct a hearing at a regular Council meeting regarding that appeal. A public hearing was held on the question of whether there is a public nuisance existing at 1101 West Atlantic Avenue and 1127 West Atlantic Avenue. The City Manager advised that the lot in question was found, on routine inspection, to be in violation of the City Codes and was declared a nuisance by the Code Enforcement Officer. He has not person- ally inspected the lot. - 6 - 02/09/82 Mr. Ernest Simon, owner, stated that there were two Sections of the Code cited in the notice he received; Secs. 13-12 and 13-13. He advised that one prohibits maintaining a condition that creates a danger during hurricane season and the other prohibits maintaining a situation that breeds mosquitoes or rodents. The property in question is on high ground, it's not marshy, and it's inconceivable to imagine that little lot breeding mosquitoes. He added that he could find nothing there that presented a danger during hurricane season. He looked at the property and there are such things as paper bags and scraps of newspaper there, but, in his estimation, there is nothing there that presents a danger as indicated in Sections 13-12 and 13-13, which is the basis of the public nuisance. He does not understand why this land has been declared a nuisance on that basis and that is why he is here tonight to appeal it. Mayor Weekes suggested that they recess this public hearing for two weeks, at which time they could all get a better understanding of the situation. Mr. Simon replied he does not want to come back in two weeks to argue over aesthetics; that is not the issue. If he paid someone to clean up that lot today, in two weeks from now the same condition would exist again. Mrs. Durante suggested that the City Attorney be instructed to change the standard letter so it refers to a Section of the Code of Ordinances which correctly describes the problem. She is familiar with Mr. Simon's lot and it is like all of the other vacant lots on West Atlantic Avenue; always full of trash and litter. She suggested having a concentrated program to deal with this situation so that if people do not keep their lots clean on a regular basis, the City can clean those lots and bill the people. Upon question by Mr. Simon, Mrs. Durante replied that it is not only West Atlantic Avenue; they have this same problem all over the City. Mr. Simon suggested that the City would save a lot of money by going out periodically and cleaning up those lots; the expense would be minimal compared to the expense related to declaring a public nui- sance. He wants to see this City cleaned and is willing to pay his fair share. He added that if the City decides to declare a nuisance on this particular piece of property, he would be derelict in his responsibility if he did not sue the City; they would then have legal expenses. He feels the City has no constitutional right, for aesthetic reasons, to declare a public nuisance under the terms of this particular ordinance and he cannot see any reason to postpone this hearing. Mr. Simon stated further that on his way here tonight, on City property (Public Utilities Department) one block north of City Hall, he found a discarded muffler which he brought with him to present to Council. He added that this is what he would classify as a danger during hurricane season and a breeding ground for mosquitoes, rodents and snakes. The City Attorney advised that the phrasing of their public nuisance ordinances does say that the debris, vegetation, trash, etc., must have that characteristic to constitute a public nuisance; vegeta- tion is broader because it includes a detriment to the neighborhood property values as a characteristic. The ordinance does not speci- fically address paper items unless those other conditions apply; a breeding ground for mosquitoes or a danger during hurricane season. The City ordinances prohibit littering and the placing of litter on vacant land, but do not provide for the citation of the landowner for litter in and of itself. There are provisions for other conditions such as bot- tles and cans collecting; however, he has not viewed the lot and does not know whether or not it contains those objects which constitute a public nuisance on the property. Mr. Scheifley stated that he understands that other cities have such ordinances in which they can clean up the lots within 15 days and feels that they should change theirs so that they can do the same thing. He added that there are several things the property owner can do to alleviate the problem, such as build fences around the lot or hire someone to clean it every day. He agrees that this case should be held - 7 - 02/09/82 in abeyance for two weeks so they can see what the Administration can come up with regarding the revision of the ordinance. Mayor Weekes noted that Mr. Simon has brought into focus a shortcoming in their ordinance which needs to be changed. He asked Mr. Simon if he would clean up the two lots and thereby abate the nuisance. Mr. Simon stated that he would be glad to clean up the lot if the City would assure him that they will not come back and cite him again for the same thing. He asked if the City is going to request every other vacant lot owner to clean their lots. Mayor Weekes replied that the owners are asked to clean up regularly and added that Mr. Simon has not been singled out; they are trying to move City-wide on this issue. Mr. Simon noted that this property is in a commercial area with bars, grocery stores, auto repair shops, etc., in the vicinity; it should not be compared to a residence. If the City is demanding that he keep his lot clean, then he requests the same protection that is given in other areas; namely, a trash can and police enforcement for littering. Mayor Weekes stated that it seems obvious to him that they cannot enforce the citation that was given to Mr. Simon under the ordi- nances that were cited. Mr. Bird added that Mr. Simon will have to pick up any bottles and tin cans. Mrs. Durante stated that citing one out of fifty lots on Atlantic Avenue would have no impact and she urges Council to come up with a system to deal with this problem as soon as possible. The public hearing was closed. Mrs. Durante moved to direct the City Attorney to draft a resolution stating that there is no nuisance existing on this property under those Sections cited in the notice, seconded by Mr. Scheifley. Said motion passed unanimously. 6.f. The City Manager reported that as discussed at the February 2nd workshop meeting, Council is to consider the appointment of a Recre- ation Committee. Mrs. Durante noted that at workshop she gave an outline of the various items which she would like to see that Committee consider; those can be pulled from the workshop minutes and sent to the members of the Recreation Committee. She advised that she gave the Mayor a list of the names of those people who have agreed to serve on the Committee. Mayor Weekes replied that he does not have that list with him tonight. Mrs. Durante moved for the appointment of a Recreation Committee, seconded by Mr. Bird. Mr. Bird advised that he did some investigating and found that the City has several Recreation Committees; one within the School Board, one within the Chamber of Commerce, and another one within the City. The latter two include many of the people which Council would suggest for appointment. He suggests that they sit down with those people and see if they can get them to work together to fill those additional needs, as opposed to creating another committee. He sug- gested that the Chamber's committee take the lead initially to draw those people together, sit down with them and study the outline of duties as provided by Mrs. Durante, and then report back to Council. Mrs. Durante stated that she will support that suggestion if that group is willing to address those items'as outlined. She added that she was unaware that the Chamber had a committee and she understood that the School Board's committee was for Plumosa School recreation. She was aware that the City has a committee within their Parks and Recreation Department, but does not know their responsibilities. Her intention is to have a committee that would make recommendations to City Council. Mr. Edward Perry stated that the City seems to be forming committees for every conceivable problem that comes before Council. He is not against citizens advising Council and he supports the Internal Audit Committee, but feels that there has to be a limit. He suggests that before they appoint a committee, they do a study to determine the need. - 8 - 02/09/82 Upon question by Council, Mr. Ken El~ingsworth, Chamber of Commerce, stated that there is a City-wide recreation committee but, as far as he knows, they have not met in over a year. The Chamber's Recre- ation Committee has been active for about 10 years and Robert Miller is currently Chairman. Mrs. Durante suggested that the Chamber of Commerce's Com- mittee be expanded to include representatives from other areas of the City. The motion on the floor was withdrawn. It was the consensus of Council not to form another com- mittee but to get a list of members presently serving on the Chamber's committee, at which time Council will request that the committee add some names and take on the additional items for study 8.a. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the January 12th 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. 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. (Copy of Ordinance No. 1-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 1-82 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mayor Weekes stated that he is very interested in annexa- tions and contiguities and advised the City Manager to make certain, as Council annexes parcels from time to time, that the staff picks up any area that becomes contiguous due to an annexation. 8.b. The City Manager reported that Ordinance No. 4-82 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to fees for garbage and trash. This ordinance was passed on First Reading at the January 19th meeting. Prior to consider- ation 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. 4-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12 "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-15 TO INCREASE THE MONTH- LY CHARGES FOR GARBAGE PICKUP FOR ALL CLASSIFICATIONS OF CUSTOMERS INCLUDING RESIDENTIAL, OFFICES AND COMMERCIAL CUSTOMERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. - 9 - 02/09/82 (Copy of Ordinance No. 4-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Schwimer inquired as to the formation of a committee to look into this matter. Mr. Bird replied that they opted to change the rates so as to stop losing money; however, the study of garbage and trash collection is still under active consideration by the Admini- stration. Mayor Weekes added that he felt the new City Manager should have the opportunity to study the situation before they proceed any further; therefore, he has withheld naming that committee until the City Manager can give some input. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 4-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. & 8.d. The City Attorney reported that Council has been furnished with two versions of Ordinance No. 5-82, one labelled "A" and one "B". "A" is the ordinance which was passed on First Reading at the last meeting and which was drafted by the former City Attorney. Based upon a review of that ordinance as compared to Council's expression at the last meeting, he has prepared a modification labeled "B". If it is City Council's intention not to impose the $500 recreational impact fee against single family lots which are not part of a new subdivision, then they may continue and have Second and FINAL Reading on Ordinance No. 5-82 as previously read. However, if it is Council's intent to adopt an ordinance which would apply the recreational impact fee to single family lots which are not part of a new subdivision (i.e. the scattered single family lot upon which a house or duplex might be constructed) then the alternative B should be used and they would have to adopt it on First Reading tonight and on Second and FINAL Reading in two weeks. The City Attorney advised further that Ordinance No. 6-82 which follows in the sequence is also amended to reflect the same. Mayor Weekes inquired as to whether the exclusion of single family odd lots would make the ordinance unconstitutional and discrimi- natory. The City Attorney replied that there is that possibility; however, there is some argument to the effect that they are only con- cerned with those that have a drastic impact on the City in a lump sum. He does not know whether a Court would conceive of that as a sufficient basis for the exclusion of the odd lots; there is no law on the subject. Upon question by Mr. Scheifley, the City Attorney replied that he be- lieves it was the intent of the Planning & Zoning Board to include single family lots. Mr. Bird moved to delete items 8.c. and 8.d., Second and Final Readings of Ordinance Nos. 5-82 and 6-82 (alternative "A"), from the agenda, and to consider them (alternative "B") on First Reading at the end of Part 8 of the agenda, making them items 8.p. and 8.q., sec- onded by Mrs. Durante. Said motion passed unanimously. 8.e. The City Manager reported that Ordinance No. 7-82 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 18 "Pensions and Retirement" of the Code of Ordinances relative to changing the required composition of the medical board for the Police and Firefighters Retirement System from the current three physicians to one physician. This ordinance was passed on First Reading at the January 26th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 10 - 02/09/82 The City Manager presented Ordinance No. 7-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RE- TIREMENT'', BY AMENDING SECTION 18-53(1), "MISCELLANEOUS", "MEDICAL BOARD", TO CHANGE THE REQUIRED COMPOSITION OF THE MEDICAL BOARD FROM THE CURRENT THREE (3) PHYSICIANS TO BE A MINIMUM OF ONE (1) PHYSICIAN; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 7-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 7-82 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mayor Weekes asked if any action needs to be taken in regard to Chief Kilgore's letter of Febuary 9, 1982. The City Manager replied that what is needed is a letter from Mayor Weekes to the doctor which the Administration will draft. 8.f. The City Manager reported that Ordinance No. 8-82 amending Chapter 30 "Zoning" of the Code of Ordinances relative to limiting the use of warehouses is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the Janu- ary 26th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 8-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 30-11(N) (4) (d) "GC (GENERAL COMMERCIAL) DISTRICT"; SECTION 30-12(N) (4) (c) (1) "SC (SPECIALIZED COMMERCIAL) DISTRICT"; SECTION 30-14 (B) (47) "LI (LIGHT INDUSTRIAL) DISTRICT"; SECTION 30-15 (B) (63) "MI (MEDIUM INDUSTRIAL) DISTRICT"; AND SECTION 30-17(H) (1) "SUPPLEMENTARY REGULATIONS" RELATIVE TO LIMITING THE USE OF WAREHOUSES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 8-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 8-82 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.~. The City Manager reported that Ordinance No. 9-82 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 storage/utility sheds. This ordinance was passed on First Reading at the January 26th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 11 - 02/09/82 The City Manager presented Ordinance No. 9-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES BY AMENDING SECTION 30-17(G) "SUPPLEMENTARY REGULATIONS" RELATIVE TO ALLOWING "STORAGE/ UTILITY SHEDS" TO EXTEND INTO SETBACKS IN DUPLEX, CLUSTER, AND ZERO LOT LINE DEVELOPMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 9-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Upon question by Mrs. Ericson, the City Attorney explained that in duplexes, cluster developments and zero lot line developments, this ordinance would permit one utility or storage shed per unit to be located to the rear or side of those units, provided that it does not extend more than four feet beyond the rear or side. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 9-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.h. The City Manager reported that Ordinance No. 10-82, amending Ordinance No. 16-79 to provide for approval of a modification for the gas station at Old Harbor is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the January 26th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Attorney reported that once again they have two alternative ordinances; however, they can have Second and FINAL Reading of Ordinance No. 10-82 as in either case the caption will remain un- changed. Ordinance No. 10-82, alternative "A", is the ordinance which imposes the conditions they discussed at their last Council meeting with one slight wording modification. Alternative "B" adds a condition to the ordinance that the most westerly side of the third gasoline island cannot be used and must be closed or landscaped. He added that alter- native "B" exceeds the conditions which Council imposed at the time the presentation was made. The City Manager presented Ordinance No. 10-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 16-79, BY AMENDING SECTION 3 OF SAID ORDINANCE TO PROVIDE FOR APPROVAL OF A MODIFICATION OF THE DEVELOPMENT PLANS FOR THE GAS STATION SITE WITHIN THE SUBJECT SPECIAL ACTIVITIES DISTRICT PROJ- ECT; PROVIDING FOR ADDITIONAL PHYSICAL SITE MODIFICATIONS RELATIVE TO TRAFFIC FLOW; PROVIDING FOR CONDITIONS PRECE- DENT TO THE EFFECTIVENESS OF THIS ORDINANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 10-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. - 12 - 02/09/82 Mr. Bird moved for adoption of original Ordinance No. 10-82 (alternative "A") on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - No; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. 8.i. The City Manager reported that Ordinance No. 11-82 amending Chapter 9 "Buildings and Construction" of the Code of Ordinances rela- tive to requiring submission of the stem wall survey is before Council for consideration on First Reading. This was discussed at the workshop meeting on February 2nd. The City Manager presented Ordinance No. 11-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE II, "BUILDING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", TO REQUIRE SUBMISSION OF THE STEM WALL SURVEY PRIOR TO ANY WALL BEING CONSTRUCTED WHICH WOULD EXCEED THE ELEVATION OF THE FLOOR SLAB; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney advised that the content of the ordinance has been amended as requested by Mr. Blair to add the requirement that the stem wall survey be submitted when the wall exceeds the floor slab elevation by over one foot. He added that the caption will need to be modified slightly. Mr. Blair moved for adoption of Ordinance No. 11-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.j. The City Manager reported that Ordinance No. 12-82 amending Chapter 9 "Buildings and Construction" of the Code of Ordinances rela- tive to submission of two copies of the approved site plan is before Council for consideration on First Reading. This was discussed at the February 2nd workshop meeting. The City Manager presented Ordinance No. 12-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION, ARTICLE II, "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 105.4(a)(1), "PLOT DIAGRAM", TO REQUIRE SUBMISSION OF TWO (2) COPIES OF THE APPROVED SITE PLAN WITH BUILDING PERMIT APPLICATIONS FOR DEVELOPMENTS HAVING HAD EITHER CONDITIONAL USE OR SITE AND DEVELOPMENT PLAN APPROVAL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 12-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.k. The City Manager reported that Ordinance No. 13-82 amending Chapter 9 "Buildings and Construction" of the Code of Ordinances rela- tive to docks, dolphins, finger piers and boat lifts is before Council for consideration on First Reading. This was discussed at the workshop meeting on February 2nd. - 13 - 02/09/82 The City Manager presented Ordinance No. 13-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE XV.5, "DOCKS, DOLPHINS, FINGER PIERS AND BOAT LIFTS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUBSECTION 9.534, "MODIFICATION OF STANDARDS FOR APPROVAL; APPEAL", TO PROVIDE FOR MODIFICATION OF THE STANDARDS SET FORTH IN THIS ARTICLE UNDER CERTAIN CONDITIONS AND UPON RECOM- MENDATION BY THE CITY ENGINEER AND APPROVAL BY CITY COUNCIL, AND PROVIDING FOR APPEALS TO CITY COUNCIL FOR RECOMMENDATIONS OF DENIAL OF SUCH MODIFICIATIONS; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 13-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mayor Weekes, Mr. Bird replied that he believes it was Council's intention that only negative recommendations would come to Council. Mayor Weekes noted that according to the wording in the caption, even affirmative approvals by the City Engineer would have to come before Council. The City Attorney advised that those requests can be put on the Consent Agenda, in which case they would not require an ordinance or resolution. At this point the roll was called to the motion. 8.1. The City Manager reported that Ordinance No. 14-82 amending Chapter 23 "Streets and Sidewalks" of the Code of Ordinances relative to newsrack regulations is before Council for consideration on First Read- ing. This was discussed at the February 2nd workshop meeting. The City Manager presented Ordinance No. 14-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23, "STREETS AND SIDE- WALKS", BY ENACTING A NEW ARTICLE IV, "NEWSRACK REGULA- TIONS'', PROVIDING DEFINITIONS; PROVIDING STANDARDS FOR INSTALLATION OF NEWSRACKS ON PUBLIC RIGHTS-OF-WAY; REGU- LATING THE LOCATION AND PLACEMENT OF NEWSRACKS; PROVIDING FOR ABANDONMENT; REGULATING NEWSRACKS LOCATED ON PRIVATE PROPERTY; PROVIDING FOR ENFORCEMENT OF NEWSRACK REGULA- TIONS; PROVIDING FOR APPEALS; PROVIDING A SAVING CLAUSE; PROVIDING FOR MAILING OF COPIES OF THIS ORDINANCE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 14-82 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird stated that he does not expect to be accosted by the editorial writers for the newspapers unless they show up to discuss this openly with Council first. 8.m. The City Manager reported that Ordinance No. 15-82 amending Chapter 2.5 "Alarm Systems" of the Code of Ordinances is before Council for consideration on First Reading. This was discussed at the workshop meeting on February 2nd. - 14 - 02/09/82 The City Manager presented Ordinance No. 15-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2.5 "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", BY AMENDING SECTION 2.5-9, "SERVICE CHARGE FOR EXCESSIVE ALARMS", BY PROVIDING THAT NON-PAYMENT WITHIN 30 DAYS OF NOTIFICATION OF ANY ASSESSED SERVICE FEE IS DECLARED UNLAWFUL AND SHALL BE PUNISHABLE PURSUANT TO SECTION 1-6 OF THE CODE OF ORDINANCES; AND BY AMENDING ARTICLE II, "SELLING, LEASING, SERVICING, ETC", BY AMENDING SECTION 2.5-24, "SUSPENSION AND REVOCATION OF PERMIT", BY ADDING A NEW SUBSECTION (5) PROVIDING FOR THE POSSIBILITY OF REVOCA- TION OF OR SUSPENSION OF THE PERMITS OF AN ALARM BUSINESS OR ALARM AGENT IF FIFTEEN (15) OR MORE EXCESSIVE ALARMS IN ANY ONE MONTH ARE CHARGEABLE TO THAT ALARM BUSINESS OR ALARM AGENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney explained that they changed the number of excessive alarms chargeable from 10 to 15 since workshop; they thought that would provide a more workable alternative for the large businesses. They also expanded Section 2 of the ordinance to make it clear that it is not mandatory that the permit be revoked; it would be up to the City Manager. Mrs. Durante moved for the adoption of Ordinance No. 15-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird stated that by helping out large businesses by allowing 15 a month, the small businesses, averaging 7 or 8 a month, will still be abusing it. He suggested that they limit it to a smaller number than 15 and give an either/or choice; for example: 10 maximum or 1 per installation, whichever is higher. Upon question by Council, Chief Kilgore stated that Mr. Bird's suggestion is a good one but it would be very difficult to enforce, and he recommended that they change the number back to 10; Council concurred. Mr. Scheifley moved to amend Ordinance No. 15-82 to change the number "fifteen (15)" to "ten (10)" in Section 2 of that ordinance, seconded by Mr. Bird. Said motion passed unanimously. At this point the roll was called to the original motion for adoption of Ordinance No. 15-82 on First Reading. 8.n. The City Manager reported that Ordinance No. 16-82 amending Chapter 30 "Zoning" of the Code of Ordinances relative to providing for storage areas as an integral part of the design layout of all dwelling units is before Council for consideration on First Reading. Council, at the January 26th meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 16-82: 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 30-5(N) SINGLE FAMILY DWELLING DIS- TRICTS,'' SECTION 30-6(P) "RM-6 MULTIPLE FAMILY DWELLING DISTRICT," SECTION 30-7(P) RM-10 MULTIPLE FAMILY DWELLING DISTRICT," AND SECTION 30-8(P) "RM-15 MULTIPLE FAMILY DWELLING DISTRICT," BY ENACTING A NEW SUBSECTION (6); BY AMENDING SECTION 30-8.1(R) "PRD-4 PLANNED RESIDENTIAL DISTRICT," SECTION 30-8.2(R) "PRD-7 PLANNED RESIDENTIAL - 15 - 02/09/82 DISTRICT," AND SECTION 30-8.3(R) "PRD-10 PLANNED RESI- DENTIAL DISTRICT," BY ENACTING A NEW SUBPARAGRAPH (12), "STORAGE"; TO ADD THE REQUIREMENT OF PROVIDING FOR STOR- AGE AREA AS AN INTEGRAL PART OF THE DESIGN LAYOUT OF ALL DWELLING UNITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 16-82 on First Reading, seconded by Mr. Scheifley. Upon question by Mayor Weekes, the City Attorney replied, as he understands it, this ordinance does mandate that a storage area be built into each and every unit. Both Mayor Weekes and Mr. Bird stated they have a problem with this and asked for additional input. Mrs. Phyllis Plume, Planning & Zoning Board, stated that the Board has had complaints from residents of Rainberry Woods and residents of PRD and Zero Lot line areas because of developers building to the maximum without providing storage room. There is no space for residents of Rainberry Woods to put in a storage area without going into the setback. As the Board could find no solution to this problem, they decided to put the developer on alert to provide that space at the onset. Upon question by Council, she explained that, according to the wording, site plans shall have a provision made for storage. Mr. Bird questioned the wording "integral part" as regards units in multi-story dwellings. Mrs. Durante replied that it reads "integral part of the design layout of all dwelling units", which, as she understands it, does not necessarily mean that the storage area has to be in the unit. Following further discussion, Mr. Scheifley withdrew his second to the motion. The motion died for lack of a second. 8.o. The City Manager reported that Ordinance No. 17-82 amending Chapter 30 "Zoning" of the Code of Ordinances relative to limiting the extension of screened enclosures to the interior side setback areas is before Council for consideration on First Reading. Council, at the February 2nd workshop meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 17-82: 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 30-8.1(R)(11) "PRD-4 PLANNED RESIDENTIAL DISTRICT," SECTION 30-8.2(R)(11) "PRD-7 PLANNED RESIDEN- TIAL DISTRICT," AND SECTION 30-8.3(R)(11) "PRD-10 PLANNED RESIDENTIAL DISTRICT"; LIMITING THE EXTENSION OF SCREENED ENCLOSURES TO THE INTERIOR SIDE SETBACK AREAS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 17-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.p. The City Manager reported that Ordinance No. 5-82 amending Chapter 30 "Zoning" of the Code of Ordinances relative to dedication of park and recreation land or an in-lieu payment by developers of multi- family units, planned residential units, hotels, motels, resort dwelling units and single family units which are not part of a new subdivision is before Council for consideration on First Reading. (See discussion under items 8.c. & 8.d.). - 16 - 02/09/82 The City Manager presented Ordinance No. 5-82: 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 BY AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW SUBSECTION (U) "PARK AND RECREATION LAND FOR MULTIPLE FAMILY UNITS, PLANNED RESIDENTIAL UNITS, HOTELS, MOTELS, AND RESORT DWELLING UNITS AND SINGLE FAMILY UNITS WHICH ARE NOT PART OF A NEW SUBDIVISION"; BY AMENDING SECTION 30-6 "RM-6 MULTIPLE FAMILY DWELLING DISTRICT," SECTION 30-7 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT," AND SECTION 30-8 "RM-15 MULTIPLE FAMILY DWELLING DISTRICT" BY ENACTING A NEW SUBSECTION (Q) "PARK AND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-8.1 "PRD-4 PLANNED RESIDENTIAL DISTRICT," SECTION 30-8.2 "PRD-7 PLANNED RESIDENTIAL DISTRICT," AND SECTION 30-8.3 "PRD-10 PLANNED RESIDENTIAL DISTRICT" BY ENACTING A NEW SUBSECTION (S) "PARK AND RECREATION LAND DEDICATION; BY AMENDING SECTION 30-10 "CC COMMUNITY COMMERCIAL DISTRICT," SECTION 30-11 "GC GENERAL COMMERCIAL DISTRICT," AND SECTION 30-12 "SC SPECIALIZED COMMERCIAL DISTRICT" BY ENACTING A NEW SUB- SECTION (P) "PARK AND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-13 "CBD CENTRAL BUSINESS DISTRICT" BY ENACTING A NEW SUBSECTION (Q) "PARK AND RECREATION LAND DEDICATION"; AND BY AMENDING SECTION 30-13.1 "LC LIMITED COMMERCIAL DISTRICT" BY ENACTING A NEW SUBSECTION (O) "PARK AND RECREATION LAND DEDICATION"; TO REQUIRE THE DEDICATION OF PARK AND RECREATION LAND, OR THE MAKING OF "IN LIEU" PAYMENT, BY DEVELOPERS OF MULTIPLE FAMILY UNITS, PLANNED RESIDENTIAL UNITS, HOTELS, MOTELS, AND RESORT DWELLING UNITS AND SINGLE FAMILY UNITS WHICH ARE NOT PART OF A NEW SUBDIVISION; 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. 5-82 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Scheifley left the Council Chambers at this time. 8.q. The City Manager reported that Ordinance No. 6-82 amending Chapter 24 "Subdivisions" of the Code of Ordinances relative to dedica- tion of park and recreation land or an in-lieu payment by developers of single family units, multi-family units, planned residential units, hotels, motels, resort dwelling units, and reservation of land for school sites is before Council for consideration on First Reading. (See discussion under items 8.c. & 8.d.). The City Manager presented Ordinance No. 6-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 24 "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 24-36 AND ENACTING A NEW SECTION 24-36, "PUBLIC SITES", WHICH , IN SUBPARAGRAPH (A), "PARK AND RECREATION LAND FOR SINGLE FAMILY UNITS", REQUIRES THE DEDICATION OF PARK AND RECREATION LAND OR A FEE OF FIVE HUNDRED DOLLARS ($500.00) PER SINGLE FAMILY UNIT AS PAYMENT IN LIEU THEREOF; AND WHICH IN SUBPARAGRAPH (B), "PARK AND RECREATION LAND FOR MULTIPLE FAMILY USE, PLAN- NED RESIDENTIAL UNITS, HOTELS AND MOTELS, AND RESORT DWELLING UNITS", REQUIRES THE DEDICATION OF PARK AND RECREATION LAND OR A FEE OF FIVE HUNDRED DOLLARS ($500.00) PER UNIT IN LIEU THEREOF; AND WHICH IN SUBPARAGRAPH (C), "SCHOOL SITES", REQUIRES RESERVATION OF LAND FOR SCHOOL SITES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 17 - 02/09/82 The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 6-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mr. Scheifley returned to the Council Chambers at this time. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on January 18th, recommended by a vote of 4 to 1 (Campbell dissenting) that the site and development plan for Sabal Pine Village, located at the northwest corner of Congress Avenue and S.W. 29th Street, be denied for the following reasons: (1) The overall design and layout of the plan is not sensitive to the existing site conditions, and does not adequately attempt to preserve the ecological value of the existing tree stands. (2) The appearance of the site layout and pattern cre- ated by using the same basic eight unit structure throughout the site is too repetitious, regimented, monotonous, and too intense for this property. (3) There is virtually no useable open space as the minor open areas between the buildings are not suf- ficient to create an atmosphere of liveability. This item was discussed at the workshop meeting on February 2nd and Council members have been furnished with a copy of a memorandum from the Planning Director dated February 3rd. Mayor Weekes advised that Council heard both sides of the issues at their last workshop meeting and he sees no need for additional presentations. Mr. Bird moved to deny the recommendation of the Planning and Zoning Board and accept the site plan subject to the conditions set forth in the Planning Director's memorandum of February 3, 1982, sec- onded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - No; Mrs. Durante - No; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. Mayor Weekes declared the meeting adjourned at 9:20 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 February 9, 1982, which minutes were formally approved and adopted by the City Council on~. ~_~.~ /~_~ . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of 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. - 18 - 02/09/82