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07-13-82 JULY 13, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:00 P.M., Tuesday, July 13, 1982. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Frank Reiff, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Blair moved for approval of the minutes of the regular meeting of June 22, 1982 and special meetings of June 15, 1982 and June 22, 1982, seconded by Mr. Bird. Said motion passed unanimously. 5.a.1. Mr. Irv Kaufman, Pines of Delray North, stated that the residents in Pines of Delray North are requesting that trees and small. foliage be planted in front of the South Central Regional Waste Water Treatment Plant on Congress Avenue. This area is not only barren but distasteful to the eye and the planting of trees will shield the ugly view of the Plant. They are also requesting that the incinerator, which is not in use, be dismantled and stored. The residents feel this will aesthetically enhance the appearance of the area and Council should consider this a corner stone to the beautification program. Mr. Bird moved that they instruct the Administration to have the City Horticulturist meet with Mr. Kaufman and/or any other members of the association of Pines of Delray North who may have an interest to design a program for presentation to the South Central Regional Waste Water Treatment Disposal Board for their implementation, seconded by Mr. Blair. Said motion passed unanimously. 5.a.2. Mr. Sam Schwimer, Pines of Delray, spoke regarding the new County tax rolls which were published recently. He noted that in the various communities Delray Beach is second only to West Palm Beach in having the highest rate. He suggested that the Council or the Admin- istration look into the reasons for Delray having this high rate. Mayor Young stated that he feels part of the increase is due to new construction and the annexation of construction. Mr. Bird stated that there is a direct correlation between millage rate and assessed valuations; you have to take into account the tax base compared to the population in addition to taking into account millage rate which makes the comparison to other cities a very difficult one. 5.a.3. Mr. James Scheifle¥, stated that during the last few weeks there has been a lot of discussion in Congress about changing the form of income taxes. He feels that if they pass a bill in its simplest form with a gross figure on total income tax and do away with all tax shel- ters, the party that would suffer the most disastrous consequences would be the Cities. If the Cities had to compete for money with the United States Government, whether it be advalorem bonds or tax revenue bonds, it would put the Cities out of business as far as any capital improve- ments are concerned. He suggested that the City Attorney prepare a resolution and send it to Senator Dole to bring this situation to their attention. Mr. Bird stated that it is his recollection the reason for the exemption has nothing to do with anything Congress can effect with- out the agreement of the people. It is the conclusion in the constitu- tion of the United States that one section of government may not impose a tax on another segment of government. 5.b.1. Mr. Blair stated that it has been brought to his attention that the drainage program, which is going on in Swinton Circle and North Swinton Avenue, has not taken into consideration the flood problems on N.W. 16th Street and N.E. 18th Street. Both these streets have a light problem and it seems to him that while they are in the process of taking care of Swinton Circle both these streets should be included in the drainage program. He would like to have Council, along with the City Manager, look into this situation and see if they can be included. The City Manager reported that the total project has been preliminarily designed to extend onto various other streets in the area. The cost of adding these streets to the project would be about $175,000, which is not available at this time. He stated that Mr. Church has the design and figures available on this project and he will furnish them to Mr. Blair. 5.c.1. The City Attorney presented Resolution No. 65-82: The caption of Resolution No. 65-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO SECTION 2-36 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHOR- IZING AND DIRECTING THE PURCHASING AGENT TO PROCEED WITH PRICE NEGOTIATIONS FOR THE LEASE AND/OR PURCHASE OF VARIOUS CURBSIDE WHEELED CART REFUSE COLLECTION SYSTEMS; PROVIDING FOR AUTHORIZATION TO EXECUTE NECESSARY AGREE- MENTS; PROVIDING FOR FUNDING. (Copy of Resolution No. 65-82 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 65-82, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 5.d.1. The City Manager reported that there is an addendum to the agenda and he would like it to be added at the end of the regular agen- da. He also requested that item 30 not be considered at tonight's meet- ing. Although this particular item is ready for consideration there is a companion item which is the abandonment of streets next to the subject property and that item was not ready when the agenda was prepared. These two items are so closely linked that it is not wise to consider one without the other. 6. Mr. Bird moved to approve the agenda with the removal of ~-~em 30 and the addition of items A1 and A2, seconded by Mr. Perry. Said motion passed unanimously. 7. Mr. James H. Scheifley gave a presentation of his recent trip to Miyazu, Japan, and thanked the Mayor and Council for appointing him as Sister City Ambassador. - 2 - 7/13/82 PUBLIC HEARINGS 8. Ordinance No. 41-82 - McCulloch Annexation. Ordinance No. 41-82, annexing a parcel of land located on the south side of Lake Ida Road, between Davis Road and Congress Avenue, subject to RM-10 (Multiple Family Dwelling) District (Jack S. and Robert L. McCulloch, applicants), is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 41-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 1 THROUGH 7, INCLUSIVE, BLOCK 1, DELRAY SHORES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGES 232 AND 233, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 41-82 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. Bird moved for the adoption of Ordinance No. 41-82 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 9. Infiltration Investigation - Phase 2 - Russell & Axon. Council is to consider increasing the fee for infiltration investigation from $40,000 to $45,000 because of additional field work. Council authorized the investigation at the October 27, 1981 meeting. Approval is recommended. 10. Notice of Class Action Regarding Camden I Condominium Asso- ciation, Inc. et al vs John B. Dunkle and Palm Beach County. Council is to consider notifying the plaintiffs' attorneys of intent to remain in class. 11. Cancellation of Purchase of 1978 30-foot Scarab. Council is to consider ratifying cancellation of purchase of 1978 30-foot Scarab Wellcraft boat to Euardo P. Portillo and authorizing refund of money paid in the amount of $25,000 and further authorizing readvertising and sale of boat. Approval is recommended. 12. Delray Public Works Complex. Change Order No. 3 from Ses- soms-Grice Construction Company, Inc., decreasing the contract price by $1,600 for a total of $1,317,741, is before Council for consideration. This change order eliminates the drywall sub-ceiling at the steel joists in buildings number 2 and 6 where there is a fire sprinkler system. Approval is recommended. 13. Delray Public Works Complex. Change Order No. 4 from Ses- soms-Grice Construction Company, Inc., increasing the contract price by $22,006.37 for a total of $1,339,747.57, is before Council for consid- eration. This change order involves remodeling of the garage area of building number 6 to provide offices for the Parks and Recreation Depart- ment. Approval is recommended. - 3 - 7/13/82 14. Conditional Use Apprgval - Delray ~hores Professional Plaza. Council is to consider a request for conditional use in an RM-10 (Mul- tiple Family Dwelling) District to allow a pofessional office plaza on 1.44 acres, located on the south side of Lake Ida Road between Davis Road and Congress Avenue, subject to the following listed conditions: (1) City Engineer's memorandum of April 6, 1982. (2) Acting Director of Public Utilities' memorandum of March 10, 1982. (3) That development of this project be completed within eighteen (18) months. 15. Street Abandonment - Avenue "J". Resolution No. 58-82, abandoning part of Avenue "J" and Frederick Boulevard, is before Council for consideration. The connecting road rights-of-way within the near and/or adjacent property have been abandoned. Approval is recommended. The caption of Resolution No. 58-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF FREDERICK BOULEVARD LYING NORTH OF AVENUE "J" AND SOUTH OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 30, BLOCK 34, AND THE EAST FIVE (5) FEET OF THE ALLEY LYING WEST OF LOTS 23 THROUGH 27, BLOCK 28, ALL AS SHOWN ON THE PLAT OF DEL-RATON PARK, IN PLAT BOOK 14, PAGE 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 58-82 is on file in the official Resolution Book) 16. Vacating and Abandoning an Alley - North of N.E. 8th Street, Between U.S. Highway 1 and N.E. 7th Avenue. Resolution No. 59-82 va- cating and abondoning a 16-foot alley between Lots 8, 9, 17 and 18, Block 2, Sophia Frey Subdivision, is before Council for consideration. This was approved by the Planning and Zoning Board by a 5-1 vote (Camp- bell dissenting). The caption of Resolution No. 59-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 16 FOOT ALLEY LOCATED BETWEEN LOTS 8, 9, 17 & 18, BLOCK 2, SOPHIA FREY SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 37 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 59-82 is on file in the official Resolution Book) 17. Rezoning Request - West side of Germantown Road Between S.W. 10th Street and S.W. llth Street, if Extended Westward. Resolution No. 60-82, requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from CN (Neighborhood Com- mercial) (County) to LI (Light Industrial) (City), is before Council for consideration. This was approved by the Planning and Zoning Board by a 7-0 vote. The caption of Resolution No. 60-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CN (NEIGHBORHOOD COMMERCIAL) TO THE CITY'S ZONING CLASSIFICA- TION LI (LIGHT INDUSTRIAL) DISTRICT. (Copy of Resolution No. 60-82 is on file in the official Resolution Book) - 4 - 7/13/82 18. Ne___i~g~bprhood Strategy Area Study. Resolution No. 64-82, approving the concepts set forth in the Neighborhood Strategy Area Study prepared by Glatting-Sellen-Lopez-Anglin, Inc., dated May 1982, is before Council for consideration. The caption of Resolution No. 64-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING AND APPROVING THE CONCEPTS SET FORTH IN THE NEIGHBORHOOD STRATEGY AREA STUDY PREPARED BY GLATTING-SELLEN-LOPEZ-ANGLIN, INC., DATED MAY 1982, WHICH IS TO SERVE AS THE BASIS FOR IMPROVEMENTS TO BE IMPLEMEN- TED IN COOPERATION WITH PALM BEACH COUNTY IN THE DELRAY BEACH NEIGHBORHOOD STRATEGY AREA OVER A THREE YEAR PERIOD COMMENCING OCTOBER 1, 1982; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 64-82 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, seconded by Mr. Perry. Said motion passed unanimously. REGULAR AGENDA 19. Traffic Siqnal Agreements between the City and Palm Beach County. Council is to consider approving traffic signal agreements between the City and Palm Beach County regarding the intersections located at: a. Lake Ida Road and Barwick Road. b. Linton Boulevard and A1A. c. East Atlantic Avenue and 7th Avenue. d. Linton Boulevard and Homewood Boulevard. The City Attorney reported that the County has submitted to the City agreements for these four intersections whereby Palm Beach County would assume the maintenance, operation and control over this signalization equipment. They would also own them at some time when the agreement has terminated. However, they contain a provision which states that the County is not responsible for any part of these traffic signal agreements should something happen to any person or property. It was the City's response to the County that this was not equitable; there had to be mutuality of agreement that they should indemnify the City for their own negligence and the City would do the same if an accident occured which was the result of a City employee's negligence. The County's response was that if the City does not like the agreements in their present format they would be unwilling to modify them. He has scheduled a meeting for Thursday afternoon with the County Attorney's Office although there is not much hope of any further concessions by the County. Upon question by Mr. Perry, if the City were sued because the County failed to properly maintain an intersection, the City Attor- ney replied he would have absolutely no hesitation to bring them in as a party defendent in any case, although he is not sure how the case would stand in Court. Mr. Bird moved that action be withheld until after the City Attorney's meeting and await his recommendation for appropriate action, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the City Attorney questioned whether it would be correct for him to express the Council's feeling to the County Attorney's office that these agreements are unacceptable with this language. Mr. Bird stated that he might explain to them that our interpretation of fairness is that the City is responsible for such as they commit and the County is responsible for such as they commit. - 5 - 7/13/82 At this point the roll was called to the motion. 20. Neighborhood Strateg~f~ Area Impovements Committee. Council is to consider appointing members to the Neighborhood Strategy Area Improvements Committee. Mr. Jackel stated that this is a very important committee and a very worthwhile project. He feels there should be two committees; one a review committee and one a neighborhood input committee. The review committee would act as a liason between the project and the City and County; the neighborhood input committee would stimulate enthusiasm within the community itself. He suggested Mike Brody as chairman, assisted by Sam Schwimer and Leonard Syrop and MacArthur Jackson as a neighborhood representative, with the County appointing its own member. Both these committees would suggest ideas to Council although they will not have authority to take any action. Mr. Bird stated that he agrees with Mr. Jackel's purpose although he is a little leery of being put in a position where the only interface between two committees is Council. He feels it would be more productive for the neighborhood committee to be a sub-committee. It may be appropriate that they empower the Neighborhood Strategy Area Improve- ment Committee to have the ability to reach out into the neighborhood and ask for additional input either by the creation of ad-hoc committees or committees. Mr. Jackel suggested that they eliminate the second com- mittee and have a sub-committee under the neighborhood representative. Mayor Young stated that if they had sub-committees operating under the strategy committee it would be a far better position. Because of the changes in timing, it is going to change the adaptability of the people on this committee. Mr. Jackel moved that they appoint an improvement committee for the Neighborhood Strategy Area Improvements Committee consisting of Mike Brody as chairman, Sam Schwimer and Len Syrop. The County would appoint their own representative and for the neighborhood committee, MacArthur Jackson. Also, if the Committee so desires at any point in the development of this area and thinks it necessary to appoint any sub-committee, that they be allowed to do so, seconded by Mr. Bird. Said motion passed unanimously. Before roll call Mayor Young inquired if there were to be any alternates on this committee. Mr. Jackel stated that the recommendation of the P&Z Board was to have five members and did not mention anything about alternates, although they could appoint a few if necessary. Mr. Sam Portnay asked Council if this would be a direct slap to the Beautification Committee who have done all in their power to make this a beautiful City. He feels that someone from the Beautification Committee and the City Horticulturist should be on this committee. Mr. Bird replied that this new committee goes far beyond the aesthetic aspects of the community. It has to address itself to code violations and other things which tend to be detrimental to the overall neighborhood. All the staff members of the City are available to the Committee in solving problems. The Beautification Committee may well be called upon to ensure that the final horticultural plan is in keeping with the overall ambience of the City. Mr. Perry stated that while they have some very well known people with good credentials to serve on the committee, before assigning members they should look at the community for someone to serve on the main committee. Mr. Blair stated that he would also like to see somebody from the community on the main committee and if it means making the committee larger he would approve of that. - 6 - 7/13/82 Mr. Fred ~q~o~, stated that he would like to submit his credentials to the Board so that he may be considered for a position on the committee. At this point the roll was called to the motion. 21. Claim by City for Accident Occurring May 6, 1981. Council is to consider settlement of 75% of all claims by the City regarding Russakis Motors, Inc. in the amount of $7,036.81 for accident occurring on May 6, 1981. Approval is recommended. Mr. Bird moved to accept the settlement offer and authorize the Administration to enter into or execute documentation or releases, seconded by Mr. Jackel. Said motion passed unanimously. 22. Appointments - Delray Beach Housing Authority. Council is to consider reappointing Edward Egan and Donald M. Mackay as members of the Delray Beach Housing Authority to four-year terms ending July 14, 1986. Both gentlemen are willing to serve if reappointed. Mr. Bird moved to appoint Edward Egan and Donald M. Mackay as members of the Delray Beach Housing Authority to four-year terms ending July 14, 1986, seconded by Mr. Jackel. Said motion passed unani- mously. 23. Street Abandonment - Portion of N.W. 6th Avenue. Council is to consider a request to abandon a portion of N.W. 6th Avenue, between N.W. 7th Street and Gardenia Terrace. The Planning and Zoning Board recommended denial by a 7-0 vote. Mr. Perry moved to approve abandoning a portion of N.W. 6th Avenue, between N.W. 7th Street and Gardenia Terrace, seconded by Mr. Blair. Said motion failed with a 5 to 0 vote. 24. Purchase and Installation of 16" Cut-In Valve. Resolution No. 61-82, authorizing awarding the contract for a 16" cut-in valve to be installed on N.W. 4th Avenue near 3rd Street to Lauderdale Services, Inc., the only bidder, in the amount of $13,855, with funds approved in the 1981-82 budget (revised), is before Council for consideration. Approval is recommended. The caption of Resolution No. 61-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE PURCHASE AND INSTALLATION OF A 16" CUT-IN VALVE. (Copy of Resolution No. 61-82 is on file in the official Resolution Book) Mr. Bird moved to adopt Resolution No. 61-82, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 25. Demolition of Building - 148 South Ocean Boulevard. Resolu- tion No. 63-82, authorizing the award of a contract for the demolition of a building located at 148 South Ocean Boulevard to the low bidder, Cushing Demolition in the amount of $1,735, with funds from the beach restoration fund, is before Council for consideration. Land is to be cleared for a proposed parking lot. Approval is recommended. The caption of Resolution No. 63-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE DEMOLITION OF A BUILDING LOCATED AT 148 SOUTH OCEAN BOULEVARD, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 63-82 is on file in the official Resolution Book) - 7 - 7/13/82 Mr. Blair moved to adopt Resolution No. 63-82, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 26. Ordinance No. 43-82 - Zoning Ordinance Amendment - Storage Buildings. Ordinance No. 43-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to storage buildings for merchandise, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 43-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES BY DELETING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (B) "PERMITTED USES" (77) AND SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT" (B) "PERMITTED USES" (91) RELATIVE TO STORAGE BUILDINGS ACCESSORY TO THE PRIMARY COMMERCIAL USE AND FURTHER AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL" DISTRICT" (C) "CONDITIONAL USES" AND SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT" (C) "CONDITIONAL USES", TO INCLUDE AS A CONDITIONAL USE STORAGE BUILDINGS ACCESSORY TO THE PRIMARY COMMERCIAL USE; PROVIDING A SAVING CLAUSE; PROVI- DING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 43-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 27. Ordinance No. 44-82 - Zoning Ordinance Amendment - Ware- houses. Ordinance No. 44-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to warehouses for storage of merchandise, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 44-82: 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 "GC GENERAL COMMERCIAL) DISTRICT" (N) "SPECIAL REGULATIONS" (4)(d), SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT" (N) "SPECIAL REGULATIONS" (4)(c)(1) AND SECTION 30-17 "SUP- PLEMENTARY REGULATIONS" (H) "SPECIAL USES IN THE GC GENERAL COMMERCIAL ZONING DISTRICT" (1) TO ADD THE WORDS "SUBJECT TO SECTION 30-21 CONDITIONAL USE APPROVAL"; BY DELETING SECTION 30-14 "LI (LIGHT INDUSTRIAL) DISTRICT" (B) PERMITTED USES" (47), SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT" (B) "PERMITTED USES" (63) RELATIVE TO LIMITING THE USE OF ¥~REHOUSES AND FURTHER AMENDING SECTION 30-14 "LI (LIGHT INDUSTRIAL) DISTRICT" (C) "CONDI- TIONAL USES" AND SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT" (C) "CONDITIONAL USES" TO INCLUDE AS A CONDI- TIONAL USE THE USE OF WAREHOUSES; 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. 44-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 28. Ordinance No. 45-82 - Amending Code - Signs and Billboards. Ordinance No. 45-82, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to signs on corner locations in SAD (Special Activities District), is before Council for consideration on First Reading. - 8 - 7/13/82 The City Manager presented Ordinance No. 45-82: 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", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-211(E)(2), "SIGNS PERMITTED AND REGULATED", TO REINSERT PROVISIONS REGARDING SIGNS ON CORNER LOCATIONS IN SAD (SPECIAL ACTIVITIES DISTRICT); PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 45-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Bird suggested that if it will not hinder the passage of this ordinance on first reading that they become more definitive regarding main and secondary streets. The City Attorney replied that before second reading he will bring a second ordinance before Council that will clarify the defini- tions. At this point the roll was called to the motion. 29. Ordinance No. 46-82 - Amending Code - Municipal Departments Enumerated. Ordinance No. 46-82, amending Chapter 2 "Administration" of the Code of Ordinances relative to enumerating municipal departments, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 46-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 2-1.5, "MUNICIPAL DEPART- MENTS ENUMERATED", AND ENACTING A NEW SECTION 2-1.5 "MUNICIPAL DEPARTMENTS ENUMERATED", TO DELETE THE CITY PLANNING, ENGINEERING, AND BUILDING INSPECTION DEPART- MENTS AND BY ADDING A NEW DEVELOPMENT AND INSPECTION DEPARTMENT; BY REPEALING SECTION 2-9, "DEPARTMENT OF PERSONNEL"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 46-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Al. Toro Groundsmaster 72D Out Front Rotary Mowing Tractor for Delray Beach Country Club. Council is to consider awarding a contract to Hector Turf & Garden, Inc., low bidder, in the amount of $8,975.00, with funds from insurance from the fire of April 8, 1982. Approval is recommended. Mr. Bird moved to award a contract to Hector Turf & Garden, Inc., in the amount of $8,975.00, seconded by Mr. Blair. Said motion passed unanimously. A2. Ransome Motor 5/3, Hydraulic Drive, Self-Propelled Mower for Delray Beach Country Club. Council is to consider awarding a contract to Turfco, Inc., low bidder, in the amount of $27,000.00 with funds from insurance from the fire of April 8, 1982. Approval is recommended. Mr. Blair moved to award a contract to Turfco, Inc., in the amount of $27,000.00, seconded by Mr. Jackel. Said motion passed unani- mously. - 9 - 7/13/82 Mayor Young declared the meeting adjourned at 8:48 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of July 13, 1982, which minutes were for- mally approved and adopted by the City Council on~~ ~ 9/ f~ ty 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. - 10 - 7/13/82