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10-26-82 OCTOBER 26, 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 7:03 P.M., Tuesday, October 26, 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 Mayor Willard V. Young. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the regular meeting of October 12, 1982, seconded by Mr. Perry. Said motion passed unanimously. 5.a. Mrs. Donna Cotton, 324 N.E. 3rd Avenue, read a petition asking Councilman Perry to resign. She stated that the petition has been signed by approximately 1,000 registered voters in Delray Beach. Because she believes Mr. Perry will not resign they are withholding the petitions until such time as Council wishes to declare his seat vacant. 5.b. There were no Non-Agenda items by Council. 5.c. The City Attorney stated that he has received an inquiry from Mrs. Finst, representing the League of Women's Voters, relative to the solicitation approvals which are on the consent agenda. There is an ordinance on the agenda tonight which changes certain provisions in the solicitation ordinance. Her inquiry was whether or not this ordinance could be made applicable to the solicitation approvals on the consent agenda as well as those approved at the last meeting. He would like Council to acknowledge that the ordinance will apply. The City Attorney requested that items 19, 20 and 21 be removed from the consent agenda and made the first three items on the regular agenda. 5.d. The City Manager stated that item 45 should read South Central Regional Wastewater Treatment and Disposal Board Administrative and Plant Budget for 1982-83. 6. Mr. Bird moved to approve the agenda, with the removal of items 19, 20 and 21 (see item 17) from the consent agenda to the regular agenda and the correction to item 45, seconded by Mr. Jackel. Said motion passed unanimously. PUBLIC HEARING 7. Ordinance No. 62-82 - Changing the City's Land Use Plan Designation. Ordinance No. 62-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Lots 3, 4, 5 and 12, Platt's Acres, portions of Georgia Street, Gwenzel Avenue and Milfred Street, portions of Tracts 22 and 23, of Section 20, Model Land Company Subdivision from SF (Single Family) to I (Industrial), 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. 62-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOTS 3, 4, 5 AND 12, PLATT'S ACRES, PORTIONS OF GEORGIA STREET, GWENZEL AVENUE AND MILFRED STREET; ALSO THE W½ OF TRACTS 22 AND 23 OF SW¼ OF SECTION 20, MODEL LAND COMPANY SUBDIVISION FROM SF-SINGLE FAMILY TO I-INDUSTRIAL, AND AMENDING THE LAND USE PLAN. (Copy of Ordinance No. 62-82 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. Jackel moved for adoption of Ordinance No. 62-82 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. 8. Ordinance No. 63-82 - Changing the City's Land Use Plan Designation. Ordinance No. 63-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Lots 3 and 9, Esquire Subdivision from SF (Single Family) to C (Commercial), 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. 63-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOTS 3 AND 9, ES- QUIRE SUBDIVISION, FROM SF-SINGLE FAMILY TO C-COMMERCIAL, AND AMENDING THE LAND USE PLAN. (Copy of Ordinance No. 63-82 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. Jackel moved for adoption of Ordinance No. 63-82 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. 9. Ordinance No. 64-82 - Changing the City's Land Use Plan Designation. Ordinance No. 64-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Block A, Ridgewood Heights, and portions of S.W. 7th Avenue, S.W. 6th Avenue and S.W. llth Street from SF (Single Family) to MF-10 (Multiple Family), 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. 64-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR BLOCK A RIDGEWOOD HEIGHTS, AND PORTIONS OF S.W. 7TH AVENUE, S.W. 6TH AVENUE AND S.W. llTH STREET FROM SF-SINGLE FAMILY TO MF-10 MULTIPLE FAMILY (10 UNITS PER ACRE), AND AMENDING THE LAND USE PLAN. - 2 - 10/26/82 (Copy of Ordinance No. 64-82 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. 64-82 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. 10. Ordinance No. 65-82 - Changing the City's Land Use Plan Designation. Ordinance No. 65-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for the NE¼ of Tract 6 of the SE~ of Section 20 Model Land Company Subdivision from SF (Single Family) to MF-15 (Multiple Family), 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 this time. The City Manager presented Ordinance No. 65-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR THE NE¼ OF TRACT 6 OF THE SE¼ OF SECTION 20 MODEL LAND COMPANY SUBDIVISION FROM SF-SINGLE FAMILY TO MF-15 MULTIPLE FAMILY (15 UNITS PER ACRE), AND AMENDING THE LAND USE PLAN. (Copy of Ordinance No. 65-82 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. Jackel moved for adoption of Ordinance No. 65-82 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. 11. Ordinance No. 66-82 - Changing the City's Land Use Plan Designation. Ordinance No. 66-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located in Sections 20 and 29, Township 46 South, Range 43 East from SF (Single Family) to MF-10 (Multiple Family), 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 this time. The City Manager presented Ordinance No. 66-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM SF-SINGLE FAMILY TO MF-10 MULTIPLE FAMILY (10 UNITS PER ACRE). SAID PROPERTY BEING IN SECTIONS 20 AND 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND AMENDING THE LAND USE PLAN. (Copy of Ordinance No. 66-82 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. - 3 - 10/26/82 Mr. Jackel moved for adoption of Ordinance No. 66-82 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. 12. Ordinance No. 67-82 - Changin~ the City's Land Use Plan DeSignation. Ordinance No. 67-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located in Sections 20 and 29, Township 46 South, Range 43 East from SF (Single Family) to I (Industrial), 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. 67-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM SF-SINGLE FAMILY TO I-INDUSTRIAL. SAID PROPERTY BEING IN SECTIONS 20 AND 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND AMENDING THE LAND USE PLAN. (Copy of Ordinance No. 67-82 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. Jackel moved for adoption of Ordinance No. 67-82 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. 13. Ordinance No. 68-82 - Changin~ the City's Land Use Plan Designation. Ordinance No. 68-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located in Section 20, Township 46 South, Range 43 East from SF (Single Family) to MF-15 (Multiple Family), 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. 68-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM SF-SINGLE FAMILY TO MF-15 MULTIPLE FAMILY (15 UNITS PER ACRE). SAID PROPERTY BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH PROPERTY IS MORE PARTIC- ULARLY DESCRIBED IN THIS ORDINANCE, AND AMENDING THE LAND USE PLAN. (Copy of Ordinance No. 68-82 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. Jackel moved for adoption of Ordinance No. 68-82 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. - 4 - 10/26/82 14. Ordinance No. 76-82 - Zoning Ordinance Amendment - Educa- tional 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 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. 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. (Copy of Ordinance No. 76-82 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. Jackel moved for adoption of Ordinance No. 76-82 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. 15.. Ordinance No. 77-82 - Zoning Ordinance Amendment - Non- Conforming Uses of Structures and Land. Ordinance No. 77-82, amending Chapter 30 "Zoning" of the Code of Ordinances exempting attendant recrea- tional 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 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. 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 ATTEND- ANT 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. (Copy of Ordinance No. 77-82 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. Jackel moved for adoption of Ordinance No. 77-82 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. - 5 - 10/26/82 16. Ordinance No. 78-82 - Amendin~ 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 considera- tion 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. 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. (Copy of Ordinance No. 78-82 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. Jackel moved for adoption of Ordinance No. 78-82 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. 17. Ordinance No. 79-82 - Amending Code - Solicitations. Ordinance No. 79-82, amending Chapter 22 "Solicitations and Peddlers" of the Code of Ordinances to delete the requirements for City identifica- tion cards and list of solicitors' names, addresses, etc., 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. 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 REF- ERENCE FOR QUESTIONS AND VERIFICATIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 79-82 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. The City Attorney stated that prior to adoption of this ordinance, Council can solve the problem which was discussed earlier by modifying section 4 so that it is effective immediately and shall be applicable to all solicitations which occur subsequent to the passage of this ordinance. - 6 - 10/26/82 Mr. Bird added that the consent agenda should now consist of items 19 through 29 inclusive. Mr. Perry moved for adoption of Ordinance No. 79-82 on Second and FINAL Reading with the amendment as suggested by the City Attorney, seconded by Mr. Bird. 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. 18. Ordinance No. 80-82 - Amending 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 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. 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 ?HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 80-82 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. Jackel moved for adoption of Ordinance No. 80-82 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: 19. Request for Solicitation of Funds - Community Chest Serv- ices, Inc. Council is to consider approving solicitation of funds from February 7 through February 21, 1983. Approval is recommended. 20. Request for Solicitation of Funds - Delra¥ Beach Public Library Association, Inc. Council is to consider approving solicita- tion of funds from March 6 through March 19, 1983. Approval is recom- mended. 21. Request for Solicitation of Funds - Arthritis Foundation. Council is to consider approving solicitation of funds from January 15 through January 30, 1983. Approval is recommended. 22. Traffic Control Agreement - Intersection of Germantown Road and Congress Avenue. Council is to consider authorizing execution of traffic control agreement between the City and Palm Beach County. Approval is recommended. 23. Water Utilities Acceptance. Resolution No. 106-82, accept- ing water utilities as operational as recorded in plat of Congress Avenue Auto Center, is before Council for consideration. - 7 - 10/26/82 The caption of Resolution No. 106-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING WATER UTILITIES INSTALLED IN CONGRESS AVENUE AUTO CENTER, RECORDED IN PLAT BOOK 44, PAGE 67 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: FROM A POINT 175' SOUTH OF THE NORTHEAST CORNER OF THE PLAT NORTHERLY FOR 281', THEN EASTERLY FOR 117', ACROSS CONGRESS AVENUE TO THE EXISTING WATER MAIN, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLU- TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 106-82 is on file in the official Resolution Book) 24. Sidewalk on A1A. Resolution No. 107-82, authorizing the award of a contract to construct a sidewalk on A1A, 1000 feet north of Beach Drive to Pelican Lane to the low bidder, Royal Construction Enter- prises in the amount of $11,915 with funds to come from the 1982-83 budget, is before Council for consideration. The caption of Resolution No. 107-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT TO CONSTRUCT A SIDEWALK ON A1A, 1000' NORTH OF BEACH DRIVE TO PELICAN LANE IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 107-82 is on file in the official Resolution Book) 25. Turf Equipment - Delray Beach Country Club. Council is to consider authorizing the award of a contract to DeBra Enterprises, Inc., low bidder, for the following turf equipment, with funds to come from insurance because of loss from fire. Approval is recommended. One 530 Cushman Turf Truckster $6,495.00 One Cushman Greensaver Aerator 2,400.00 One Metermatic II Topdresser 4,995.00 One Lely WFR Spreader 1,725.00 26. Turf Equipment - Delray Beach Country Club. Council is to consider authorizing the award of a contract to Hector Turf and Garden, Inc., low bidder, for the following turf equipment, with funds to come from insurance because of loss from fire. Approval is recommended. One Toro Sand Pro Rake $5,625.00 One Toro Spiker for Sand Pro 1,485.00 One Sod Cutter 1,795.00 27. Turf Equipment - Delray Beach Country Club. Council is to consider authorizing the award of a contract to E-Z-GO, low bidder, for the following turf equipment, with funds to come from insurance because of loss from fire. Approval is recommended. Two Light Turf Vehicles $6,390.00 28. Final Plat Approval - Park Ten First Addition. Council is to consider approving the final plat for Park Ten First Addition, loca- ted south of S.W. 10th Street between 1-95 and Germantown Road. This was approved unanimously by the Planning and Zoning Board. 29. Final Plat Approval - Congress Square. Council is to consider approving the final plat for Congress Square, located at the southwest corner of Congress Avenue and Atlantic Avenue. This was approved unanimously by the Planning and Zoning Board. - 8 - 10/26/82 Mr. Bird moved for approval of the consent agenda, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 30.. Votinq Delegate to Florida League of Cities Convention. Council is to consider appointing a Voting Delegate to the FLC Con- vention in Miami, October 28-30, 1982. Mr. Perry moved to appoint Mr. Bird as Voting Delegate to the FLC Convention in Miami, October 28-30, 1982, seconded by Mr. Blair. Said motion passed unanimously. 31. Appointment - Planning & Zoning Board. Council is to consider the appointment of one member to the Planning & Zoning Board to a term ending September 28, 1985. Mr. Bird moved to appoint Marie Horenburger as member to the Planning & Zoning Board to a term ending September 28, 1985, seconded by Mr. Jac~el. Said motion passed unanimously. As this appointment creates a vacancy on the Board of Adjust- ment, it was the consensus of Council to have, by the next workshop meeting, the name of an alternate member to be appointed as a regular member and suggestions as to who should be appointed alternate member. 32. Surplus City Property. Council is to consider retaining outside professional consultants to prepare necessary surveys of surplus City property and an appraiser to conduct appraisals of each parcel. Approval is recommended. Mr. Perry moved to retain outside consultants and an ap- praiser, seconded by Mr. Bird. Said motion passed unanimously. 33. Consultant for Construction of Modification to the Police "PIDAS" System. Council is to consider retaining Ms. Carmen Hayes as a consultant for Construction of Modification to the "PIDAS" system in the amount of $800, with funds to come from the 1982-83 Police budget. Approval is recommended. Mr. Bird moved to retain the consultant, seconded by Mr. Blair. Said motion passed unanimously. 34. City of Delra¥ Beach/Simpson-Boughton Hotel, Inc. Council is to consider authorizing settlement of claim in the amount of $27,500. Approval is recommended. Mr. Perry moved to authorize settlement of claim in the amount of $27,500, seconded by Mr. Blair. Said motion passed unan- imously. 35. Mark Allen Thomas vs City of Delray Beach. Council is to consider approving a settlement offer in an amount not to exceed $27,000. Approval is recommended. Mr. Perry moved to approve a settlement offer in an amount not to exceed $27,000, seconded by Mr. Jackel. Said motion passed unanimously. 36. Seaboard Coastline Railroad Company vs City of Delray Beach. Council is to consider authorizing execution of quit claim deeds from the City of Delray Beach to Seaboard Coastline Railroad Company in order to settle pending litigation. Approval is recommended. Mr. Perry moved to authorize execution of quit claim deeds, seconded by Mr. Blair. Said motion passed unanimously. - 9 - 10/26/82 37. Conditional Use - Therapeutica Ministry, Inc. Council is to consider a request for conditional use in an RM-10 (Multiple Family Dwelling) District to allow a church and parsonage in an existing single family dwelling, located west of N.E. 9th Avenue between N.E. 8th Street and McKee Lane, if extended west. The Planning and Zoning Board unan- imously recommends denial. Mr. Perry moved to approve the request for conditional use, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Blair - No; Mr. Jackel - No; Mr. Perry - No; Mayor Young - No. Said motion failed with a 5 to 0 vote. 38. Site and Development Plan Approval - Pelican Harbor North. Council is to consider a request for site and development plan for Pelican Harbor North to allow a 39-unit multiple family project. The property is located at the northeast corner of Tropic Isle Drive and Federal Highway and east of Pelican Harbor Shoppes. This was approved unanimously by the Planning & Zoning Board, subject to the following conditions: (1) City Horticulturist's memorandum of September 23, 1982. (2) Items 1, 2 and 3 of the Chief Building Offi- cial's memorandum of September 24, 1982. (3) Assistant City Engineer's memorandum of October 14, 1982. (4) That four (4) canopy tree masses be provided along the south side of the south buildings. (5) That the property, described in the application for site and development plan approval submitted to the Planning Department on September 14, 1982, be developed in accordance with the ap- proved site and development plans re: Pelican Harbor North, Inc., Delray Beach, Florida, prepared by Shoup/McKinley, 500 N.E. Spanish River Blvd., Suite 10, Boca Raton, FL 33431, Sheets 1 and 2 dated September 14, 1982; and prepared by Sheremeta Associates, 101 S.E. 6th Avenue, Suite F, Delray Beach, FL, Sheet 1 dated October 7, 1982; all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval. (6) That development be completed within eighteen (18) months. Mr. Blair moved to approve the site and development plan, seconded by Mr. Jackel. Said motion passed unanimously. 39. Funding for Phase III, Plumosa Park. Council is to con- sider funding of up to $25,000 for Phase III, Plumosa Park. Source of funds will be determined on consideration of increased recreation user charges. Mr. Bird moved to approve funding of up to $25,000 for Phase III, Plumosa Park, seconded by Mr. Blair. Said motion passed unan- imously. 40. Refuse Cart Pilot Program - Tropic Palms Subdivision. Council is to consider approving a refuse cart pilot program. Mr. Perry moved to approve the refuse cart pilot program for ?ropic Palms Subdivision, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Lee Balch, 689 Eagle Circle, stated that there are approximately 100 members of the Tropic Palms Association. The Board of Trustees went door to door and talked not only to the members but also the residents about the proposed program. Not everyone thinks it will meet their standards as they still want back door pickup but they are willing to try out the carts. - 10 - 10/26/82 The City Manager stated, for the record, that this test will only include what is commonly called Tropic Palms Subdivision and will not include Bass Creek. At this point the roll was called to the motion. 41. Security During City Hall Expansion. Council is to con- sider authorizing a contract with Atlas Security Services of Delray Beach for security during City Hall construction, subject to the City Attorney's approval. Approval is recommended. Mr. Blair moved to authorize a contract with Atlas Security Services of Delray Beach at a cost of $321 per week, seconded by Mr. Bird. Said motion passed unanimously. 42. Ordinance No. 81-82 - Changing the City's Land Use Plan Designation. Ordinance No. 81-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Lot 4, Esquire Sub- division from SF (Single Family) to I (Industrial), is before Council for consideration on First Reading. If passed, the public hearing and second reading will be held November 23, 1982. The City Manager presented Ordinance No. 81-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOT 4, ESQUIRE SUBDIVISION, OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROM SF-SINGLE FAMILY TO I-INDUSTRIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for adoption of Ordinance No. 81-82 on First Reading, seconded by Mr. Blair. 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. Mr. Blair left the Council Chambers for the duration of items 43 and 44 due to conflict of interest. 43. Ordinance No. 82-82 - Blair Annexation. Ordinance No. 82-82, relative to annexing a parcel of land located south of Germantown Road between Congress Avenue and S.W. 22nd Avenue, subject to SAD (Spe- cial Activities District), is before Council for consideration on First Reading. If passed, the public hearing and second reading will be held November 23, 1982. The City Manager presented Ordinance No. 82-82: 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 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~HICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Jackel moved for adoption of Ordinance No. 82-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 44. Ordinance No. 83-82 - Blair Rezoning. Ordinance No. 83-82, relative to rezoning to SAD (Special Activities District), conditional use and site and development plan approval, is before Council for con- sideration on First Reading. The property is located south of German- town Road between Congress Avenue and S.W. 22nd Avenue. If passed, the public hearing and second reading will be held November 23, 1982. - 11 - 10/26/82 The City Manager presented Ordinance No. 83-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED AR (AGRICULTURAL) UNDER COUNTY ZONING REGULA- TIONS, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES DIS- TRICT), BEING 15.1 ACRES, LOCATED SOUTH OF GERMANTOWN ROAD, BETWEEN CONGRESS AVENUE AND S.W. 22ND AVENUE IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1977". The City Attorney read the caption of the ordinance. Mr. Perry moved for adoption of Ordinance No. 83-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. Mr. Blair returned to the meeting at this time. 45. South Central Regional Wastewater Treatment and Disposal Board Administrative and Plant Budget for 1982-83. The 1982-83 SCRWTD Board Administrative and Plant Budget was adopted by the Board at the October 13, 1982 meeting. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. Council is to consider ratifying action of the Board. Mr. Blair moved to ratify action of the Board, seconded by Mr. Perry. Said motion passed unanimously. 46. Public %~rks Complex. Change Order No. 8, increasing the contract price by Sessoms-Grice Construction, Inc., in the amount of $749.26 for a total net contract price of $1,343,273.41, is before Council for consideration. This change order covers water line and bibb hose through the roof and installation of roof hatch in Building No. 2. Mr. Bird moved to approve Change Order No. 8, seconded by Mr. Blair. Said motion passed unanimously. . Mayor Young declared the meeting adjourned at 8:00 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 October 26, 1982, which minutes were formally approved and adopted by the City Council on ~_ ~.. f~.~ . 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. - 12 - 10/26/82