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10-12-82 OCTOBER 12, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Malcolm T. Bird in the Council Chambers at City Hall at 7:00 P.M., Tuesday, October 12, 1982. 1. Roll call showed: Present - Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Vice-Mayor Malcolm T. Bird Absent - Mayor Willard V. Young was absent due to illness. Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend J. Morgan Haynes, Congress Avenue 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 September 28, 1982 and the Special Meetings of September 28, 1982 and October 2, 1982, seconded by Mr. Perry. Said motion passed unanimously. 5.a.1. Ms. Clairella Berg, Kings Point, spoke on beach parking. She s~ated that permit holders would like to be allowed to park at metered spaces. They do not mind purchasing the permits but they object to being herded into two parks and then having to put quarters in a meter when the parks are full. 5.a.2. Mr. Jim Carter, Director of Tropic Isle Civic Association, stated that their Association supports the City's efforts toward sub- contracting garbage pick-up and they are adamantly opposed to any type of curbside pickup for reasons of appearance, inconvenience, safety and sanitation. Mr. Carter added that the City's own commercial dumpsters are showing all over town and that is a violation of the ordinance. In the last fi~e years their taxes and their City service fees have more than doubled. They feel it's time the City figured out how to handle these services in an economical manner. Regarding the proposal for curbside containers, he asked the following: how would the City stop people from leaving those containers at the curb permanently? ~o would wheel out the container if the man of the house is out of town or ill? How would they secure these containers during a hurricane or windstorm? ~ho is liable for them, the City or the resident? Mr. Carter added that he hopes that the City has all these things figured out. He noted that the City of Pompano Beach, which has a one-third lower tax rate, has free backyard garbage pick-up and the City of Lighthouse Point, which has an even lower tax rate than Pompano, subcontracts out for $5.60 a month. 5.a.3. Mr. Ralph Dye, S. Ocean Boulevard, referred to an article in the Sun Sentinel on October 4th in which an administrative official is quoted as saying "those objecting to the program before it is tried and tested are acting childishly". Mr. Dye stated that it bothers him and others that a City employee would categorize a protest by citizens as being childish. The people view this as a poorly conceived program and are exercising a long held right to protest. He added that they were told that the test has been withdrawn from the protest area because the residents do not want it. 5.a.4. Mrs. Elizabeth Matthews, 1024 White Drive, stated that about six weeks ago a newspaper article carried an anonymous comment by a "City Hall official". The article stated that the City Council made a motion relative to garbage and trash because she (Mrs. Matthews) told them to. This is totally untrue and, to her knowledge, this kind of thing has never happened before in Delray Beach and she hopes it will not happen again. 5.a.5. Mr. John Pitts, 1109 Beach Drive, asked if anything is being done toward subcontracting the garbage pickup. The City Manager replied that, in line with Council's direc- tion, they are working to prepare alternate specifications for Council consideration. They intend to have something before Council before the end of the calendar year. Upon question by Mr. Pitts, the City Manager replied that "alternate" refers to alternate service levels; in the specifications they might have to recognize different service needs for different neighborhoods. Mr. Pitts referred to Boca Raton's plans for an incinerator type of waste disposal and noted that this was recommended to the In- ternal Audit Committee. Some of them felt it could be quite a bit cheaper if they could cooperate with Boca Raton for an incinerator, thereby shortening the distance they have to haul. Vice-Mayor Bird replied that has been under active discus- sion, both at the administrative and political levels. He and other members of Council feel that if Boca Raton could give them a stabilized rate, they would be happy to be a participant. 5.a.6. Mrs. Alice Finst, Homeowners League of Chatelaine, asked about the trial program in the beach area and whether the City is plan- ning to try it in another area. Vice-Mayor Bird replied that they will be discussing that tonight. 5.a.7. Mrs. Rita Schaken, Rainberry Woods, stated that a couple of years ago when they were discussing private contractors and alternate systems, the point was brought up that places like Chatelaine and Rain- berry Woods put their garbage in front yet pay for backyard service. At that time, she suggested that there be another classification in cost and the (then) Mayor thought it was a reasonable suggestion. Mrs. Schaken also stated that new members of their community are unaware of the rules regarding trash and littering and they would appreciate it if the City would periodically send out notices along with the bills ex- plaining those rules. As for the large containers which the City is proposing, many of them do not have the space for it. After years of discussing this subject, she hopes Council will now pay attention to the points being made and save time and money. 5.a.8. Mr. Tom Haenlon, 124 Marine Way, described the incident involving Council Member Perry which occured on September 1st and also discussed Mr. Perry's recent phone calls to the Cooperative Dispatch Center. He stated that he and others feel that Mr. Perry's credibility and usefulness have suffered to such a degree that there is no possibil- ity of recapturing the trust of the community. They feel that Mr. Perry should immediately be removed from his post on City Council. 5.b.1. Mr. Perry advised that his apologies have been published in several newspapers. In response to Mr. Haenlon's comments regarding CDC, Mr. Perry clarified that on both occasions the administrative phone number was used, not the 911 emergency number, and he also noted that the lady at CDC is not a City employee. He feels that the point he was making was a valid one; however, he apologizes to any offended members of the public for the loud tone of voice he used over the telephone. 5.b.2. Mr. Blair stated that the Municipal Committee, which was appointed by the Clean Community System (CCS), voted unanimously to try the container system. He believes it might have turned out differently if the Chairman had not been on vacation at that time. Upon the recom- mendation of the Municipal Committee, the CCS unanimously voted in favor of trying this system and upon the recommendation of CCS, Council voted unanimously to try this system. He feels that the Administration is not completely at fault and the responsibility must be shared with the CCS and with City Council. It is now obvious that a majority of the public does not want these containers; however, the Tropic Palms Homeowners Association wrote a letter asking that the containers be tried in their community. As the City has already incurred an expense towards trying this system, he suggested that they go ahead and run the test in Tropic Palms as requested. Council concurred with the suggestion. - 2 - 10/12/82 The City Manager advised that along with the letter from Tropic Palms, Council has been furnished with some maps of various areas which could be used for the test. The one Mr. Blair referred to com- prises the Tropic Palm subdivision plus an additional 150 stops between Swinton and N.E. 2nd Avenue extending to N.E. 9th Street on the north end and S.E. 2nd Street on the south end. Mr. Fred Blaser, 1590 Gallinule Drive, stated that the Tropic Palms Homeowners Association, when last reported, had 29 members out of a possible 400 and he feels that 29 members do not represent Tropic Palms. Mr. Blair stated that the only reason he suggested Tropic Palms was the letter they received; he had no idea how many of the homeowners were members of that association. Mr. Perry stated he feels that the problem is unclear communication between Council and the public and he suggests getting some positive input from the people in the proposed area before starting a test. Vice-Mayor Bird stated that Council has to presume that an authorized homeowners association re- presents a community; the question before Council now is whether or not they wish to continue the test at all. Mr. Jackel stated that he feels whether they run the test or not the end result will be the same and they will go to private contract. Upon question by Mr. Perry, Vice- Mayor Bird replied that $5,000 has been committed to this project, which amount will be paid whether they run the test or not. Mr. Perry stated that since they are already committed, it seems to him they should continue the test. Mrs. Finst, upon question by Mr. Perry, advised that on a ma3or issue such as this, the Chatelaine Homeowners Association would poll its members but they would first need much more information on it. She added that she was at the beach Friday morning and it looked quite littered with the green canisters. Unless the canisters were picked up very early in the morning, she feels it would create a similar situation in her community. Mr. Blair stated that it appears they have lost the battle for the containers. They are wasting their own and everyone else's time and he suggested they move on towards contracting. Council concurred. The City Manager advised that one test area is moving ahead quite suc- cessfully. Vice-Mayor Bird replied that they can complete that test; the consensus was to not start anymore. 5.b.3. Vice-Mayor Bird noted that public comments have been direc- ted t~ him concerning this Council, its personality and productivity. In response, he advised that this Council, unlike its predecessors, has a lack of legislative maturity and experience. If they have had growing pains and experienced some adolescence, he would urge the public to join with them and help make this City the City it is and should continue to be and not to spend too much time finding fault. Nobody is blameless and every Council member who has sat with him over the last four years has tried. 5.c.1. The City Attorney reported that there is a provision in the City Charter relative to absences from regular Council meetings. It states that unexcused absences from four regular consecutive meetings could be a ground for forfeiture of office. This would be exceeded this evening due to Mayor Young's prolonged illness and recuperative period unless Council takes a formal action. If Council wishes to excuse those past and current absences for the Mayor, he would essentially begin with a fresh slate from whatever time frame Council sets. Vice-Mayor Bird stated that he had a brief discussion with Mayor Young today and he strongly recommends that Council excuse the absences. The Mayor is recovering nicely and will soon be back with them; he could have been with them tonight but it was their suggestion that he take a few more days to recuperate. Mr. Blair moved for excusal of Mayor Young's absences from regular meetings which have occurred from August 22, 1982 through to- night's meeting, seconded by Mr. Jackel. Said motion passed unanimously. - 3 - 10/12/82 5.d.1. The City Manager had no non-agenda items to present. 6. The City Attorney requested that Item 14 of the Consent Agenda be moved to the regular agenda. Mr. Jackel requested that Item 17 of the Consent Agenda be moved to the regular agenda and that Item 23 be postponed until the next regular meeting. Mr. Perry requested that Item 18 of the Consent Agenda be moved to the regular agenda. Mr. Jackel moved for approval of the agenda with Items 14, 17 and 18 moved to the regular agenda and Item 23 deferred for two weeks, seconded by Mr. Blair. Said motion passed unanimously. PUBLIC HEARINGS 7. Ordinance No. 73-82 - %~isman Annexation. Ordinance No. 73-82, relative to annexing a parcel of land located north of West Atlantic Avenue between Hamlet Drive if extended north and Homewood Boulevard if extended north, subject to GC (General Commercial) zoning district, is before Council for consideration on Second and FINAL Read- ing. 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. 73-82: 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 13, TOWNSHIP 46 SOUTH, RANGE 42 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. 73-82 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 the adoption of Ordinance No. 73-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 8. Revised Infiltration Investigation. Council is to consider approval of revised infiltration flow investigation fee by Russell & Axon in the amount of $45,412.05. Infiltration investigation was pre- viously approved for a fee not to exceed $45,000. The overage repre- sents less than 1% of the estimated fee. Approval is recommended. 9. Site and Development Plan Approval Extension - 222 Building. Council is to consider a six month extension of the site and development plan approval for the 222 Building, located south of Vista Del Mar between A1A and Andrews Avenue, to December 11, 1983. This was approved by the Planning & Zoning Board by a vote of 5-0. Approval is recom- mended. - 4 - 10/12/82 10. Conditional Use Approval Extension - Medical Office Building for Dr. Beroza. Council is to consider a one year extension of the conditional use approval for the Medical Office Building for Dr. Beroza, located at the northeast corner of N.E. 5th Street and N.E. 2nd Avenue to October 13, 1983. This was approved by the Planning and Zoning Board by a vote of 6-0. Approval is recommended. 11. Developers Utility Service Agreement - Centex Homes of Florida, Inc'. It is recommended that Council approve execution of the agreement between the City and Centex Homes of Florida, Inc. for water and sewer service to Villas of Rainberry Lake (Phase IV-B). The amount of $500 to cover 5 units at $100 per unit ($62.50 for sewer and $37.50 for water) will be paid to the City at a time indicated in the agreement. 12. Request for Solicitation of Funds - Amara Shrine Temple, A.A.O.N.M.S. The City is in receipt of a request to solicit funds from October 18 through October 30, 1982. Approval is recommended. 13. Delra¥ Affair. It is recommended that Council approve and endorse the Delray Affair to be held April 8, 9 and 10, 1983. 15. Public Works Complex. It is recommended that Council ap- prove Change Order No. 5 increasing the contract price by Sessoms-Grice Construction, Inc. in the amount of $411.82 for a total net contract price of $1,340,159.39. This change order covers additional ventilation of the lube pits of Building No. 2. 16. Public Works Complex. It is recommended that Council ap- prove Change Order No. 6 increasing the contract price by Sessoms-Grice Construction, Inc. in the amount of $287.19 for a total net contract price of $1,340,446.58. This change order covers additional air con- ditioning duct work in the Traffic Engineering area. 19. Traffic Analysis Study - N.E. 8th Street. Council is to consider retaining the firm of Kimley-Horn and Associates, Inc. to con- duct a traffic analysis study relative to the N.E. 8th Street matter with funding to come from the General Fund Contingency Account to a maximum of $4,000. Approval is recommended. 20. Pompey Park Swimming Pool. It is recommended that Council approve the Change Order increasing the contract price by Al-Mar Pump, Inc. in the amount of $3,200 for a total net contract price of $41,950. This change order covers installation of a 450-gallon surge tank in the pump room with funds to come from the General Fund Contingency Account. 21. Tent Application. It is recommended that Council approve the request from Craig Steinhart, Happy Holiday Christmas Trees, to erect a tent at the northwest corner of Linton Boulevard and U.S. No. 1 for the sale of Christmas trees from November 10th through December 31, 1982. Mr. Blair moved for approval of the Consent Agenda with the exception of Items 14, 17 and 18, seconded by Mr. Perry. Said motion passed unanimously. REGULAR AGENDA 14. Nowlin Land Dedication. Council should consider the offer to 'donate a 0.23 acre tract of land, located south of S.W. 10th Street between Swinton Avenue and the F.E.C. Railroad. The City Attorney reported that he wrote Mr. Nowlin a letter today which set forth the terms and conditions of the sale, specifically that the City would pay the sales tax, if any, which was approximately $180. The item that was not in Mr. Nowlin's proposal, and which the City Attorney's office required, was that he provide the City with title insurance for the property; Mr. Nowlin found that acceptable. The premium on any such title insurance policy would be split 50/50. Upon question, the City Attorney advised that the City's share would amount to no more than $150. The total cost for the City would be in the neighborhood of $350. - 5 - 10/12/82 Mr. Perry moved for approval of the Nowlin land dedication, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - No; Mr. Jackel - No; Mr. Perry - No; Vice-Mayor Bird - No. Said motion failed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Perry stated that he made this motion for the purpose of discussion. Last week he was in favor of this but now he sees $150 cost for insur- ance, $180 for taxes and a continuing cost for maintenance of the prop- erty. Without someone coming forward with a definite plan as to what they can use the property for, he cannot go along with it. The other members of Council concurred that there would be no gain to the City. At this point the roll was called to the motion. Mr. Perry moved to reject Mr. Nowlin's offer, seconded by Mr. Blair. Said motion passed unanimously. 17. Public Works Complex. Council is to consider approval of Change Order No. 7 increasing the contract price by Sessoms-Grice Con- struction, Inc. in the amount of $2,077.57 for a total net contract price of $1,342,524.15. This change order provides a harder finish of paint on the walls and concrete floors of the cage portion of the Animal Shelter. Mr. Jackel asked what is involved to warrant an expenditure of $2,077. The City Manager replied that this will change the quality of the paint in the area where the animals are to be kept. In order to meet veterinary sanitary standards, they need to be able to hose the area frequently; this would cause deterioration and wearing of regular paint. By using the higher quality of paint, the first coat will prob- ably be the only coat it ever needs. Mr. Blair advised that he has had some experience with this kind of paint and this cost seems to be within reason. A good quality epoxy paint costs about three times more than regular paint and is about twice as expensive to apply because you get less coverage with epoxy paint. Mr. Jackel moved for the approval of Change Order No. 7, seconded by Mr. Perry. Said motion passed unanimously. 18. Florida Consumers Federation Application. Council is to consider approval of the application of Florida Consumers Federation for charitable solicitation to commence immediately and continue through the date of the general election on November 2, 1982; also to waive the time limitation in Sections 22-47 and 22-49, with the publication required in Section 22-49 to be published as soon as is practicable. The City Attorney explained that the City was involved in some litigation with this organization. Due to the fact that the liti- gation has 3ust ended, the period of time in which they wished to con- duct solicitation now beginso The request is to (1) approve their application; (2) to waive the six week prior filing requirement of the Code and (3) to waive the three week publication requirement with the publication to be published as soon as is practicable. Mr. Perry moved for approval of the solicitation request under the conditions set forth in the agenda, seconded by Mr. Blair. Said motion passed unanimously. Mr. Blair left the Council Chambers for the duration of Item 22 due to a conflict of interest. 22. Rezonin~ Request - South of Germantown Road between Congress Avenue and S.W. 22nd Avenue (Leo A. and Joan M. Blair, applicants). Resolution No. 105-82, requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricul- tural) (County) to SAD (Special Activities District) (City), is before Council for consideration. The Planning & Zoning Board approved this by a vote of 5 to 0. - 6 - 10/12/82 The City Manager presented Resolution No. 105-82: 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 AG (AGRICULTURAL) TO THE CITY'S ZONING CLASSIFICATION SAD (SPECIAL ACTIVITIES DISTRICT). (Copy of Resolution No. 105-82 is on file in the official Resolution Book) Mr. Jackel moved for the adoption of Resolution No. 105-82, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. Mr. Blair returned to the meeting at this time. 24. Revised Authorization - Wells 7W Thru 14W and Raw Water Main. Council is to consider approving and authorizing execution of revised authorization between the City and Russell & Axon to perform consulting services for wells 7W thru 14W and raw water main in the amount of $109,900 with funds to come from the 1982-83 Water and Sewer Fund budg- et. This authorization adds three additional wells to the five origi- nally discussed. Mr. Jackel moved to authorize execution of the revised authorization, seconded by Mr. Blair. Said motion passed unanimously. Before roll call, Mr. Jackel clarified for the public that he has always been aware of the need for more water and the only ques- tion he had was in regard to the consulting engineers. He wondered why the City did not consult with other firms on this project. For the record, he again stated that he is for this project, he wants it to go ahead and, therefore, tonight he is going to approve it; however, he is saying to Russell & Axon that he expects an excellent job from them. At this point the roll was called to the motion. 25. Ratification of Sale of Surplus Property. An auction was held on Setember 28th at 2:30 p.m. for the sale of surplus City prop- erty. $17,653.01 was realized from the sale. It is recommended that Council ratify the sale of the surplus property. Mr. Perry moved to ratify the sale of the surplus property, seconded by Mr. Blair. Said motion passed unanimously. 26. Ordinance No. 75-82 - Nocera Annexation. Ordinance No. 75-82, relative to annexing a parcel of land located on the west side of Germantown Road between S.W. 10th Street and S.W. llth Street, subject to LI (Light Industrial) zoning district, is before Council for con- sideration on First Reading. The City Manager presented Ordinance No. 75-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 4, ESQUIRE SUBDIVISION, OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. - 7 - 10/12/82 Mr. Blair moved for the adoption of Ordinance No. 75-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 27. Ordinance No. 76-82 - Zoning Ordinance Amendment - Educational Institutions in the CBD (Central Business District). Ordinance No. 76-82, amending Chapter 30 "Zoning" of the Code of Ordinances to allow educational institutions within the CBD as a conditional use, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 76-82: 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 30-13 "CBD (CENTRAL BUSINESS DISTRICT)" (C) "CONDITIONAL USES", TO ADD "EDUCATIONAL INSTITUTIONS, EXCLUDING COLLEGES, SEMINARIES, TRAINING CENTERS, AND UNIVERSITIES" AS A CONDITIONAL USE, AND FURTHER AMENDING SECTION 30-13 "CBD (CENTRAL BUSINESS DISTRICT)" (C) "CONDITIONAL USES" (16) BY ADDING THE WORD "VOCATIONAL"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Upon question by Mr. Perry, the City Attorney advised that this applies to the Delray Elementary School. Mr. Blair moved for the adoption of Ordinance No. 76-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 28. Ordinance No. 77-82 - Zonin~ Ordinance Amendment - Non-Con- forming Uses of Structures and Land. Ordinance No. 77-82, amending Chapter 30 "Zoning" of the Code of Ordinances exempting attendant recre- ational facilities of multiple family units and resort dwelling units from the restrictions which apply to non-conforming uses and structures, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 77-82: 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 30-24 (E) (1) AND (4) "NON-CONFORMING USES OF STRUCTURES AND LAND" RELATIVE TO EXEMPTING AT- TENDANT RECREATIONAL FACILITIES OF MULTIPLE FAMILY UNITS AND RESORT DWELLING UNITS FROM THE RESTRICTIONS WHICH APPLY TO NON-CONFORMING USES AND STRUCTURES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 77-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 29. Ordinance No. 78-82 - Amending Code Licenses. Ordinance No. 78-82, amending Chapter 15 "Licenses" of the Code of Ordinances to place a $150 cap on merchants licenses, is before Council for consideration on First Reading. - 8 - 10/12/82 The City Manager presented Ordinance No. 78-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, "LICENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 15-11, "SCHEDULE OF TAXES", SUBSEC- TION (180), "MERCHANTS, DRUGGISTS AND STOREKEEPERS", TO PLACE A MAXIMUM LIMIT OF $150.00 ON SUCH OCCUPATIONAL LICENSE TAXES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 78-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 30. Ordinance No. 79-82 - Amending Code - Solicitations. Ordi- nance No. 79-82, amending Chapter 22 "Solicitations and Peddlers" of the Code of Ordinances to delete the requirements for City identification cards and list of solicitors' names, addresses, etc., is before Council for consideration on First Reading. The City Manager presented Ordinance No. 79-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 22, "SOLICITORS AND PEDDLERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 22-55, "IDEN- TIFICATION CARD", TO DELETE THE REQUIREMENTS FOR OBTAIN- ING AND WEARING A CITY-ISSUED IDENTIFICATION CARD; BY AMENDING SECTION 22-62, "APPLICATION", TO AMEND THE FORM OF THE APPLICATION FOR PERMIT TO SOLICIT, TO DELETE THE REQUIREMENTS FOR LISTING THE NAMES, HOME ADDRESSES, ETC., OF EACH SOLICITOR, AND INSERTING REQUIREMENTS FOR LISTING NAMES, ADDRESSES AND TELEPHONE NUMBERS OF PERSONS IN CHARGE OF SUCH SOLICITATIONS TO PROVIDE A CONTRACT REFER- ENCE FO~ QUESTIONS AND VERIFICATIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 79-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 31. Ordinance No. 80-82 - Amendin~ Code Bicycles. Ordinance No. 80-82, amending Chapter 7 "Bicycles" of the Code of Ordinances relative to issuance of bicycle licenses and requiring inspections, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 80-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 7, "BICYCLES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTIONS 7-3, "LICENSE REQUIRED"; SECTION 7-4, "APPLICATION FOR LICENSE; FEE"; SECTION 7-5, "IS- SUANCE OF LICENSE; RECORD KEEPING"; SECTION 7-6, "LICENSE PLATES OR TAGS"; SECTION 7-7 , "INSPECTION REQUIRED"; SECTION 7-8, "LICENSE RENEWAL"; SECTION 7-9, "TRANSFER OF OWNERSHIP"; AND SECTION 7-10, "REPORTS OF SALE"; AND BY RENUMBERING THE FOLLOWING SECTIONS OF CHAPTER 7 IN AC- CORDANCE THEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 9 - 10/12/82 Mr. Jackel moved for the adoption of Ordinance No. 80-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair- Yes; Mr. Jackel -Yes; Mr. Perry- Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Jackel, the City Attorney explained that this came about as part of a request from the Police Department. Specifically, the City has not licensed bicycles for quite some time and they are not doing so now. The County does to a certain extent. This ordinance would delete all those sections requiring City issued bicycle licenses but it leaves in the Code those provisions relative to safety equipment, lights, etc. Upon question by Vice-Mayor Bird, Chief Kilgore advised that people can still voluntarily get decals from the Police Department free of charge. At this point the roll was called to the motion. Vice-Mayor Bird declared the meeting adjourned at 8:20 P.M. City Clerk 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 October 12, 1982, which minutes were formally approved and adopted by the City Council on ~. ~_~ /g~2/ · 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 - 10/12/82