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07-27-82 JULY 27, 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 27, 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 Rabbi Dr. Louis L. Sacks of Congregation Anshei Emuna. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Perry moved for approval of the minutes of the regular meeting of July 13, 1982, seconded by Mr. Bird. Said motion passed unanimously. 5.a. There were no Non-Agenda items from Citizens. 5.D.1. Mr. Perry stated that about a year ago he had approached Council and asked for their consideration of a policy whereby any gifts to City employees would be forbidden. The Administration at that time opted to allow a $15.00 limit on gifts. It has come to his attention that the Florida Statutes forbid any City employee or Officer from receiving a gift. Mr. Perry moved that Council, at some future date, approve a resolution to erradicate the policy which has been left by former Admin- istration and bring the City in line with the Florida Statutes. Mr. Bird suggested that a substitute motion be made to remand t~ls item until a subsequent workshop. He feels it would be appropriate to have more discussion on this matter. Mr. Perry amended his motion to remand this item to a sub- sequent workshop, seconded by Mr. Blair. Said motion passed unan- imously. 5.D.2. Mr. Bird stated that the beginning of negotiations regarding a transfer station in South County for solid waste disposal will soon be before Council for consideration. The reason he is bringing this before Council tonight is that a basic decision has to be made; whether or not Delray would like to become involved with the technology that is being reviewed by Boca Raton. He feels that the ideal solution for the Cities of Boca and Delray, if it is economically feasible, would be a small modular incinerator in the south end of the County. Mr. Bird stated that before the community is committed to a decision, Council should invest some time and effort into reviewing this problem and come to a conclusion which they feel comfortable with. He suggested that the Administration be directed to put together a group made up of staff members and/or elected officials to review the facilities which are apparently successful elsewhere and make sure that whatever decision is made is for the long-term best interests of the citizens. Mr. Bird moved to direct the Administration to undertake a study and come back to Council with a recommendation as to who should go, which plant should be reviewed, if there is an expansion to this list or maybe substitutions to the list and that it be done before a final decision is made with regard to the transfer site and our contrac- tual relationships with the Solid Waste Authority, seconded by Mr. Blair. Said motion passed unanimously. Mayor Young stated that he has an appointment tomorrow with Mayor Konrad of Boca Raton and Mayor Trauger of Boynton Beach and this is one item that they will be discussing. He feels that it is a very important item and he concurs completely with Mr. Bird's suggestion. 5.b.3. Mayor Young requested that Council ratify the action taken by the South Central Regional Wastewater Treatment Board for consulting services for the project of control of hydrogen sulphide monitoring system, future wastewater flows and plant capacity and the general scope of the entire project. Mr. Bird moved to ratify the agreements of the South Central Regional Wastewater Board, seconded by Mr. Perry. Said motion passed unanunous ly. 5.b.4. Mayor Young stated that there is a vacancy to be filled on the Internal Audit Committee. He would like to suggest that Mr. Ken Davldson, who is presently an alternate on the Committee, replace Mr. Soelch, who has resigned, with the understanding that another alternate will be named at a later date. Mr. Bird moved to appoint Mr. Davidson to the unexpired term of Mr. Soelch, seconded by Mr. Perry. Said motion passed unanimously. 5.b.5. (Item 27) Mayor Young stated that there is a vacancy to be filled on the Planning and Zoning Board. Council has been furnished with a resume from Mr. Theodore Carey and it is recommended that he be appointed to the unexpired term of Mr. Christensen Mr. Bird moved to appoint Theodore Carey as a replacement for Mr. Christensen to serve out his unexpired term, seconded by Mr. Perry. Said motion passed unanimously. 5.c.1. The City Attorney requested that item 20 be removed from the consent agenda and placed on the regular agenda. 5.c.2. The City Attorney stated that Mr. Carlson, who has been employed as the City's law clerk for the past few weeks, has been sworn in to the Florida Bar and he is requesting the Council formally appoint Mr. Carlson as the new Assistant City Attorney. He also requested that Mr. Carlson be entitled to an annual salary of $17,500, the ICMA Pension Plan and all benefits of the City as though he were a general employee. Mr. Bird moved to appoint Mr. Carlson as the Assistant City Attorney, seconded by Mr. Blair. Said motion passed unanimously. 5.d. There were no Non-Agenda items by the City Manager. 6. Mr. Bird moved to approve the agenda, with the exception of item 27 which has already been completed and item 20 which will be moved to the regular agenda from the consent agenda, seconded by Mr. Perry. Said motion passed unanimously. 7. The City Manager stated that the reason this item is on the agenda is to allow Council to determine what their agenda will be for the workshop meeting on the budget, which has been scheduled for one week from tonight. The preliminary discussion that was had last week was to remlnd Council that they would concentrate first on the Enter- prise Funds. He would also be prepared to add any specific items Coun- cil may wish to be brought forward for background information between now and the scheduled meeting. He suggested that at 7:00 P.M., one week from tonight, they have a brief executive session strictly on the sub- ject of collective bargaining as a preliminary before the budget work- shop. - 2 - 7/27/82 EARLY CONSIDERATION 8. Street and Easement Abandonment - Portion of S.W. 25th Ave- nue, S.W. 26th Avenue, S.W. 1st Street and S.W. 2nd Street. Resolution No. 67-82, abandoning street and easement located north of Atlantic Avenue, between High Point and the E-4 Canal, is before Council for consideration. This was approved by the Planning and Zoning Board by a 7-0 vote. The City Manager presented Resolution No. 67-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.W. 25TH AVENUE (ACTUALLY N.W. 25TH AVENUE), S.W. 26TH AVENUE (ACTUALLY N.W. 26TH AVENUE), S.W. lST STREET (ACTUALLY N.W. 1ST STREET), AND S.W. 2ND STREET (ACTUALLY N.W. 2ND STREET), AS WELL AS CERTAIN EASEMENTS, ALL AS DESIGNATED ON A PORTION OF THE PLAT OF REPLAT OF PART BREEZY RIDGE ESTATES, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, ACCORD- ING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24 AT PAGE 116 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CERTAIN CONDITIONS TO WHICH SAID VACATING AND ABANDONMENT IS SUBJECT. (Copy of Resolution No. 67-82 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 67-82, 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. 9. Conditional Use Approval - Temple Sinai of Palm Beach County. Council is to consider a request for conditional use in a R-1AA (Single Family Dwelling) District, located north of Atlantic Avenue between High Point and the E-4 Canal to allow a church, subject to the following conditions. (1) City Engineer's memorandum of June 17, 1982. (2) Acting Director of Public Utilities' memorandum of April 16, 1982. (3) City Horticulturist's memorandum of June 14, 1982. (4) High Point Section One's letter of June 9, 1982. (5) That a three foot berm with planting be provided between the parking area and adjacent housing at the eastern boundary, subject to approval of the Engineering Department. (6) That no structure be located within a 55 foot setback from Atlantic Avenue. (7) That a 30 foot setback be maintained along the western boundary. (8) That development of this project be completed within eighteen months. Mr. Bird moved to approve the conditional use request, 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. PUBLIC HEARINGS 10. Ordinance No. 42-82 - Devens Annexation. Ordinance No. 42-82, annexing a parcel of land located south of N.W. 22nd Street between N.W. 4th Avenue and N.W. 3rd Avenue, subject to R-1AA (Single Family Dwelling) District (Henry F. and Elizabeth C. Devens), is before Council for consideration on Second and FINAL Reading. Prior to consid- eration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 3 - 7/27/82 The City Manager presented Ordinance No. 42-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 22, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 42-82 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 wlt~ the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Perry moved for adoption of Ordinance No. 42-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; ~r. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 11. 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 COM- MERCIAL) DISTRICT" (B) "PERMITTED USES" (77) AND SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT" (B) "PERMIT- TED 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 CONDI- TIONAL USE STORAGE BUILDINGS ACCESSORY TO THE PRIMARY COMMERCIAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 43-82 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. 43-82 on Second and FINAL 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. 12. Ordinance No. 44-82 - Zoning Ordinance Amendment - Ware- Rouses. 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 Second and FINAL Reading. Prior to consid- eration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 44-82: - 4 - 7/27/82 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 COM- MERCIAL) 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 WAREHOUSES AND FURTHER AMENDING SECTION 30-14 "LI (LIGHT INDUSTRIAL) DISTRICT" (C) "CON- DITIONAL 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. (Copy of Ordinance No. 44-82 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. 44-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 13. 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 Actlvities District), is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at th~s time. 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. (Copy of Ordinance No. 45-82 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 wit~ the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Blair moved for adoption of Ordinance No. 45-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 14. Ordinance No. 46-82 - Amending Code - Municipal Departments. Ordinance No. 46-82, amending Chapter 2 "Administration" of the Code of OrdInances relative to enumerating municipal departments, is before Council for consideration on Second and FINAL Reading. Prior to consid- eration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 5 - 7/27/82 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. (Copy of Ordinance No. 46-82 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. Perry moved for adoption of Ordinance No. 46-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 15. Sewer Repairs - Hamlet (Foxpointe). Change Order No. 1, · ncreas~ng the contract price by Lyons & Martin Construction in the amount of $1,500 for a total net contract price of $12,000, is before Council for consideration. This change order is for replacement of Manhole 2B. Approval is recommended. 16. Developers Utility Service Agreement - Villas of Rainberry Lake (Phase IV-B). Council is to consider approval of agreement between the City and Centex Homes of Florida, Inc. for sewer services to Villas of Ralnberry Lake (Phase IV-B), located west of Congress Avenue on the north side of Lake Ida Road, approximately 1350 feet west of the inter- section. $2,200 ($100 x 22 living units) will be paid to the City at a time spelled out in the agreement. Approval is recommended. 17. Purchase of Property. Council is to consider authorizing purchase of property from Namil Corporation located on the westerly side of Homewood Boulevard in the amount of $157,730, with funding to come from Florida Power and Light excess funds. Approval is recommended. 18. Homewood Boulevard Realignment Project. Resolution No. 62-~2, authorizing the award of a contract to accomplish the Homewood Boulevard realignment project to the low bidder, Hardrives, Inc. in the amount of $69,550.50, with funds from the Florida Power and Light excess reserve, is before Council for consideration. The caption of Resolution No. 62-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AUTHORIZING THE AWARD OF A CONTRACT TO ACCOMPLISH THE HOMEWOOD BOULEVARD REALIGNMENT PROJECT NO. 12-10-81-DB, IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 62-82 is on file in the official Resolution Book) - 6 - 7/27/82 19. Reduction of Retainage - Force Main 50. Council is to consider reducing the retainage from H & H Engineering, Inc., contractor for the construction of Force Main 50, from 10% to 5% since the project is more than 85% completed. The balance due H & H Engineering, Inc. by reducing the retainage is $28,538.79. Approval is recommended. 21. Street Abandonment - Part of Avenue J and Frederick Boule- vard. Resolution No. 66-82, abandoning part of Avenue J and Frederick Boulevard, Del Raton Park, is before Council for consideration. The caption of Resolution No. 66-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF AVENUE "J" LYING WEST OF FLORIDA BOULEVARD AND EAST OF THE CENTERLINE OF THE ALLEY RIGHT-OF-WAY LYING WEST OF AND ADJACENT TO LOTS 23 THROUGH 27, INCLUSIVE, BLOCK 28, DEL-RATON PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC REC- ORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 66-82 is on file in the official Resolution Book) 22. Public Works Complex Project (Complete Lubrication System and Five Truck Lifts - City Garage. Resolution No. 68-82, authorizing awarding the contract for the complete lubrication system and five truck lifts at the City Garage to Glasgow Construction Service, Inc., the low bidder, in the amount of $73,608.00, with funding from the Utility Tax Bond Issue 1980, is before Council for consideration. The caption of Resolution No. 68-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE NEW PUBLIC WORKS COMPLEX PROJECT (COMPLETE LUBRICA- TION SYSTEM AND FIVE TRUCK LIFTS - CITY GARAGE), LOCATED AT 434 SOUTH SWINTON AVENUE, DELRA¥ BEACH, FLORIDA. (Copy of Resolution No. 68-82 is on file in the official Resolution Book) 23. Sanitary Sewer Main - S.W. 5th Avenue. Resolution No. 69-82, authorizing awarding the contract for the installation of an 8" sewer main to serve Lots 1, 3, 5 and 7 of Sunnyside Park Subdivision to Southern Pipeline, Inc., the low bidder, in the amount of $5,447.56, with funding from the 1981-82 budget (revised), is before Council for consideration. The caption of Resolution No. 69-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR AN EXTENSION OF THE SEWER MAIN ON S.W. 5TH AVENUE; PROVID- ING FOR THE FUNDING OF THIS CONTRACT. (Copy of Resolution No. 69-82 is on file in the official Resolutlon Book) 24. Circuit Court Judge. Resolution No. 70-82, expressing the City Council's support for the appointment of one Circuit Court Judge to be assigned to the South County Courthouse and seeking increased author- lty and responsibilities for the offices of the Clerks of the Circuit and County Courts, is before Council for consideration. The caption of Resolution No. 70-82 is as follows: - 7 - 7/27/82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING ITS SUPPORT FOR THE EFFORTS SEEKING THE APPOINTMENT OF ONE CIRCUIT COURT JUDGE TO BE ASSIGNED TO THE SOUTH COUNTY COURTHOUSE, AND SEEKING INCREASED AUTHORITY AND RESPONSIBILITIES FOR THE OFFICES OF CLERKS OF THE CIRCUIT AND COUNTY COURTS LOCATED IN THE SOUTH COUNTY COURTHOUSE COMPLEX; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 70-82 is on file in the official Resolution Book) 25. Dual Taxation. Resolution No. 71-82, providing relief from taxes unlawfully levied upon property situate within the City to finance services rendered specifically for the benefit of the property or res- ldents of unincorporated areas of Palm Beach County, is before Council for consideration. The caption of Resolution No. 71-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PETITIONING THE BOARD OF COUNTY COMMIS- SIONERS OF PALM BEACH COUNTY, PURSUANT TO SECTION 125.01 (6)(a) AND (7), FLORIDA STATUTES (1981), TO PROVIDE RELIEF FROM TAXES UNLAWFULLY LEVIED UPON PROPERTY SITUATE ~ITHIN THE CITY OF DELRAY BEACH TO FINANCE SERVICES RENDERED SPECIALLY FOR THE BENEFIT OF THE PROPERTY OR RESIDENTS OF UNINCORPORATED AREAS OF PALM BEACH COUNTY BY REMITTING TO THE CITY OF DELRAY BEACH THE IDENTIFIED COST OF SUCH SERVICES LEVIED AND COLLECTED DURING THE 1977-78, 1978-79, 1979-80, 1980-81 AND 1981-82 FISCAL YEARS, AND BY FINANCING SUCH SERVICES FROM REVENUES DERIVED SPECIF- ICALLY FROM OR ON BEHALF OF A MUNICIPAL SERVICE TAXING UNIT, SPECIAL DISTRICT, UNINCORPORATED AREA, SERVICE AREA OR PROGRAM AREA, OR BY ANY OTHER LAWFUL METHOD, DURING THE 1982-83 FISCAL YEAR; AND FOR OTHER PURPOSES. (Copy of Resolution No. 71-82 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, with the exception of item 20, seconded by Mr. Perry. Said motion passed unan- imously. REGULAR AGENDA 20. Levy of Tax by Palm Beach County for Road and Bridge Pur- poses. Council is to consider authorizing the City Manager and City Attorney to begin inquiry into County road and bridge tax funding. Approval is recommended. The City Attorney reported that this morning he attended a meeting with the attorneys representing three other municipalities in the County, at which time they discussed strategy and tactics relative to the road and bridge tax. They also reviewed the preliminary indica- tions from the consulting firm which has been hired by the City of West Palm Beach. He feels that in order for the City to proceed and make sure that no problems are instituted within the next fiscal year, City Coun- cil, rather than authorize further proceedings should, if they wish, specifically authorize the City Attorney's Office to institute litiga- tion against Palm Beach County. The timing of the litigation would be left to the discretion of the City Attorney's Office subject to their determination of further validity of the statistical data and timing of the law suit. The City Attorney's Office would let Council know that, in order to do so, they would involve themselves in shared expenses in the manner that the dual taxation litigation was accomplished by the other four municipalities. Kelton and Associates' time and fees billed to the City of Delray, or the other municipalities involved, would be split amongst all of those plaintiffs on the basis of the property values of each municipality. He feels that at this time Council should impose a flexibile cap of expenses to such consultant firms of $10,000. - 8 - 7/27/82 Mr. Bird moved that authorization be granted to the City Attorney's Office to enter into litigation on the subject of the road and bridge funding and for the Administration to undertake such agree- ments with Kelton and Associates, as are required in order to provide the statistical data, with an amount not to exceed $10,000, seconded by Mr. Perry. Said motion passed unanimously. 26. Gasoline Station - Old Harbor Plaza, Ltd. Council is to conslder the intent of Ordinance No. 10-82 relative to gasoline station located at Old Harbor Plaza. Mr. Blair stated that when this item first came before Council he felt that a convenience store meant groceries, milk and bread, not the kind of items which practically every gas station sells w~ch includes beer, wine, cigarettes and candy bars. His basic feeling is that these items are not what he would call a convenience store and for this reason he would be in favor of this gas station continuing as they are presently doing. Mr. Bird stated that this gas station is almost an identical replica of the Standard Station on the intersection of Federal Highway and Atlantic Avenue. He has gone through the list which has been pro- v~ded by Knight Enterprises of what they are selling. He is less moved Dy the l~st than the fact that he has yet to receive a complaint about e~ther the traffic congestion or the operation of the facility. The use the station is belng put to does not seem to be intrusive upon the community or an obstruction to the traffic. Mr. Perry stated that nowhere in the present ordinance has convenience store, mini store or grocery items been defined. The onus can not fairly be put on the shopkeeper to determine definitions which have not been made clear in legislation. He would rather see the sta- tion f~lled with what can be termed travelers' needs than with tires, batteries, hoses and belts. Mrs. Elizabeth Matthews, 1024 White Drive, requested that Council ask Mr. Knight to refrain from the kind of advertising which has categorized the other station on Atlantic Avenue and Federal Highway. Mr. Bird moved that Knight Enterprises and any of their agents, assignees or lessees be authorized to dispense wine/beer, ice, soft drinks, cigarettes, candy, oil/oil additives and snack foods; that specifically the operation be limited to those seven categories and that the total signage which is displayed inside or outside the window shall not exceed 10% of the front facing, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young - No. Said motion passed with a 3 to 2 vote. Before roll call Mayor Young stated that about four years ago when the matter of the gas station on Atlantic Avenue and Federal H~gnway was discussed there was a great deal of furor with regard to what they intended to do there. He also recalls the fact that Mr. Knight, when this item was being discussed, said that he would be wil- ling to forego the use of the property as a store of any kind and could probably convert ~t into an office if necessary. He feels that Mr. Knight has gone far beyond what his word conveyed to Council regarding what was going to take place and he is opposed to the fact that this building st~ll continues to exist. At th~s point the roll was called to the motion. 28. N.elghborhood Straqety Area Review Committee. Reconsidera- tion and appointment of members to the Neighborhood Stragety Area Review Committee is before Council for consideration. Mayor Young requested that this item be postponed until the next regular Council meeting as there is not a consensus of opinion as who to appolnt. - 9 - 7/27/82 29. Traffic Signal Agreements between the City and Palm Beach County. Council is to consider approval of 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 he has distributed to Coun- cil a memorandum from himself to the City Manager which basically out- lines the fact that after the meeting of July 13, pursuant to Council's direction, they had a meeting with members of the County Administration and Engineering office. After some discussion a conclusion was arrived at which comes closer to being fair than the previous agreements. The County is now willing to agree that each party will be responsible for damages caused by its own negligence with the restrictions about the limits of liability as set forth in the Sovereign Immunity Statutes. Although this is not the optimum he would like to have it is at least acceptable, and he feels Council should move to approve the traffic signal agreements. Mr. Blair moved to authorize execution of agreements subject to the change of the new paragraph, seconded by Mr. Bird. Said motion passed unanimously. 30. Ordinance No. 47-82 - Zoning Ordinance Amendment - Scrap Metal Recycling. Ordinance No. 47-82, amending Chapter 30 "Zoning" of the Code of Ordinances to allow scrap metal recycling in the LI (Light Industrial) District, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 47-82: 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 30-14 "LI (LIGHT INDUS- TRIAL) DISTRICT" (B) "PERMITTED USES" TO ALLOW SCRAP METAL RECYCLING; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird stated that although the ordinance covers the problem of emmissions, it does not address noise pollution. He feels it is within the realm of possibility that the applicants could get into the process of chopping and grinding which would cause a problem for the surrounding property owners. Although, he is not opposed to this ordi- nance he would like to remand it back to consider more safeguards regard- lng the noise. Mr. Bird moved that this item be remanded back to staff for additional work on the permitted use portion of Section 1, 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. 31. Ordinance No. 48-82 - Zoning Ordinance Amendment - Commercial Zonln~ Districts. Ordinance No. 48-82, amending Chapter 30 "Zoning" of the Code of Ordinances to require that all commercial developments be sub3ect to site and development plan approval, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 48-82: - 10 - 7/27/82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-11 GC (GENERAL COMMERCIAL) DISTRICT (B) "PERMITTED USES"; SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT (B) "PERMITTED USES" AND 30-13.1 LC (LIMITED COMMERCIAL) DISTRICT (B) "PERMITTED USES" BY ADDING THE PHRASE "ALL DEVELOPMENTS SHALL BE SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL (SEC. 30-22)"; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Upon question by Mr. Bird as to why this is before Council for consideration, Mr. McDaniel replied that the Planning and Zoning Board felt that there were few enough commercially zoned parcels left in the City and these parcels needed a little more protection than they are now receiving. However, one of the Planning and Zoning Board members contacted him this morning and said that they were having second thoughts regarding this Ordinance and asked him to convey their feelings that it should be sent the Planning and Zoning Board for further study. Mr. Bird moved that this ordinance be remanded back to the Planning and Zoning Board for further study, 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. 32. Ordinance No. 49-82 - Amending Ordinance No. 45-79. Ordi- nance No. 49-82, setting forth a new list of conditional uses and includ- ing a new site plan for Congress Square, located south of Atlantic Avenue between Congress Avenue and the E-4 Canal, is before Council for consideratIon on F~rst Reading. The City Manager presented Ordinance No. 49-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 45-79 BY REPEALING SECTION 2 AND ENACTING A NEW SECTION 2 RELATING TO CONDI- TIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for adoption of Ordinance No. 49-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 33. Ordinance No. 50-82 - Amending Code - Anchoring and Mooring. Ordinance No. 50-82, amending Chapter 8 "Boats and Boating" of the Code of Ordinances relative to anchoring and mooring outside the main channel of the Intracoastal Waterway, is before Council for consideration on F~rst Reading. The City Manager presented Ordinance No. 50-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8 "BOATS AND BOATING", ARTICLE II, "ANCHORING AND MOORING", DIVISION I, "GEN- ERALLY'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8-24, "REFUSAL TO REMOVE BOAT ILLEGALLY MOORED TO PUBLIC PROPERTY", TO LIMIT THE SECTIONS' APPLICABILITY ONLY TO THOSE AREAS OF THE PUBLIC WATERWAYS LYING OUTSIDE OF THE MAIN CHANNEL OF THE FLORIDA INTRACOASTAL WATERWAY; BY AMENDING SECTION 8-26, "ANCHORING IN RESTRICTED AREAS; WHEN ANCHORING PERMIT REQUIRED", TO LIMIT ITS APPLICABILITY ONLY TO THOSE AREAS OF THE PUBLIC WATERWAYS LYING OUTSIDE OF THE MAIN CHANNEL OF THE FLORIDA INTRACOASTAL WATERWAY AND TO BOATS WHERE PERSONS ARE RESIDING OR SLEEPING ABOARD, TO MAKE UNLAWFUL THE FAILURE TO OBTAIN SUCH PERMITS, AND TO - 11 - 7/27/82 PROVIDE CERTAIN CRITERIA FOR REVOCATION OR REFUSAL TO ISSUE SUCH PERMITS; BY AMENDING SECTION 8-27, "WHEN ANCHORING AND MOORING PERMITS NOT REQUIRED", BY ADDING A NEW SUBSECTION (C) TO CLARIFY THE PROVISIONS RELATIVE TO BOATS BEING ADJACENT TO DOCKS; BY AMENDING SECTION 8-28, "DISPLAY OF ANCHORING AND MOORING PERMITS; PERMIT DURA- TION'', TO SPECIFICALLY RESTRICT THE DURATION OF SUCH PERMITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for adoption of Ordinance No. 50-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Mayor Young declared the meeting adjourned at 8:20 P.M. City C 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 27, 1982, which minutes were for- mally approved and adopted by the City Council on ~.~_ /~. /~*z~./. - / City NOTE TO READER: If the mlnutes that you have received are not completed as indicated aDove, 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. - 12 - 7/27/82