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11-09-82 NOVEMBER 9, 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, November 9, 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 - Assistant City Manager Bonita Gooch, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend James Roy, Abbey Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Jackel moved for approval of the minutes of the regular meeting of October 26, 1982 and the special meeting of October 25, 1982, seconded by Mr. Bird. Said motion passed unanimously. 5.a.1. Mrs. Rita Schaken, Rainberry Woods, apologized to beach homeowners who misinterpreted her comments at workshop and clarified that she was trying to point out that beach parking is in a different category than tennis and golf because many beach users do not use the beach parking facilities. Mrs. Schaken inquired as to whether the cable business in Delray Beach is a franchise or a service and suggested having more than one cable company in the City. She noted that she is required to pay a $150 deposit to the cable company for a new box and feels that the $150 should be earning interest. The City Attorney advised that it is a franchise agreement and that interest on deposits is not regulated by such agreement. Upon further question, the City Attorney stated that the Courts consider companies of this nature to be franchised because it involves payment of a franchise fee to the City. Mayor Young advised that the agreement is non-exclusive and noted that they recently received word that another cable company is going to make application to service Delray Beach. Mrs. Schaken requested that Council have the City Attorney check into the subject of interest on deposits. 5.a.2. Mrs. Mimi Martin advised that her house is located at the corner of N.E. 5th Street and Palm Trail. Her problem is that her yard is slowly being drained into the canal at the end of the street. She is asking for immediate investigation by the City as they are losing a great deal of their property. She noted that the seawall beside their property is cracking. Mrs. Martin further advised that they spent $4000 two years ago to have the Broward Piling Company completely repair their seawall and that it is the City seawall at the end of 5th Street that is falling in. Mr. Bird stated that he drove by there tonight and it appears that where the street dead ends is, in fact, an extension of the City right- of-way to the seawall. The problem appears to be one which the City will have to investigate. It was the consensus of Council to ask the Administration to investigate this and bring a recommendation back to Council as soon as possible. 5.a.3. Mr. Terry Sullivan, 1700 Dover Road, asked if the Pro Shop at the tennis center is operated by the City and does the City derive benefits from the proceeds. Mr. Bird replied, no, that is not a City operation. 5.b.1. Mr. Perry described the water saving device program which was recently started by the City of Orlando and noted that they have found a savings to their citizens and to the city. He suggested that Delray Beach consider a similar program involving the use of water restriction devices. Mr. Bird agreed with Mr. Perry's suggestion to use water restricting devices but felt that it is something the citizens should do on their own. Mayor Young noted that he spent 40 years in the plumbing and heating business and advised that the purpose of these devices is to reduce the volume of water that goes through and increase the velocity. He supports Mr. Perry's suggestion to utilize the devices. If they could get wholesale use of the shower devices, he would vote in favor of that. 5.b.2. Mr. Bird thanked everyone who participated in his campaign for giving him the opportunity to be a candidate. He stated that it may have been unsuccessful but not in terms of the friendships made and the energies expended toward a mutual goal. 5.b.3. Mr. Jackel advised that he wrote a statement which he would like to read into the record tonight: "Last week at the City Council workshop, I directed some comments to the City Attorney which I regretted. The following morning I personally apologized to Mr. Thiele for my statements. I now am apologizing publicly to the City Attorney. To those persons present last week and were offended, I also apologize. I respect the office of City Councilman and will do my utmost to bring credit to our City." 5.b.4. Mayor Young presented and read a proclamation proclaiming the week of November 7-13, 1982, as "Disabled Veterans Week". Two mem- bers of VFU Post 4141 came forward to accept the proclamation and to thank City Council. 5.c.1. The City Attorney reported that a memorandum has been dis- tributed to Council relative to a settlement offer in a claim made against the City by Nancy A. Leh. The City's insurance consultants and service have made an offer to Mrs. Leh's attorney to settle her claim in the amount of $7,000, contingent upon City Council approval. Due to the urgency of a decision, this is before Council for consideration at this time. Gallagher-Bassett Insurance Service, as well as the City Attor- ney's office, recommend approval of the settlement offer. Mr. Bird moved for approval of the settlement, seconded by Mr. Blair. Said motion passed unanimously. 5.d.1. The Assistant City Manager advised that the City Manager is out ill and has asked her to fill in for him. 5.d.2. The Assistant City Manager reported that the Civil Service Board is requesting that a date be set for the election of a City em- ployee to an alternate position on the Civil Service Board and have suggested December 14, 1982. The vacancy has been brought about by the inclusion of Sgt. Allen Lewis in the Collective 'Bargaining Agreement which makes him no longer eligible to serve on the Civil Service Board. Mr. Bird moved for approval of the election date, seconded by Mr. Blair. Said motion passed unanimously. - 2 - 11/09/82 5.d.3. The Assistant City Manager noted that consideration of the recreation fees for adult team sports was inadvertently left off the agenda and requested that Council consider it under Item 32. 6. Mr. Perry moved for agenda approval with the addition of adult team sports, seconded by Mr. Bird. Said motion passed unani- mously. PUBLIC HEARING 7. 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 Second and FINAL Reading. This was unanimously approved by the Planning and Zoning Board. 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. 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. (Copy of Ordinance No. 75-82 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 the adoption of Ordinance No. 75-82 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. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 8. Request for Solicitation of Funds - Milton Myers Unit No. 65 and Sherman Williams Unit No. 188, American Le~ion Auxiliary. The City is in receipt of a request to solicit funds on February 25 and 26, 1983. Approval is recommended. 9. Final Plat Approval - Delray Shores Professional Plaza. Council is to consider the final plat for Delray Shores Professional Plaza located south of Lake Ida Road between Congress Avenue and Davis Road. This was unanimously approved by the Planning & Zoning Board. Approval is recommended. 10. Conditional Use Approval Extension - Parking Lot for Atlantic Center. Council is to consider a one year extension to November 10, 1983 of the conditional use approval for the parking lot for Atlantic Center, located at the northeast corner of Venetian Drive and Miramar Drive. This was unanimously approved by the Planning & Zoning Board. Approval is recommended. - 3 - 11/09/82 11. Nuisance Abatement. Resolution No. 108-82, assessing costs for abating a nuisance in accordance with Section 13-12 on one parcel, located at 1045, 1049 and 1053 Del Haven Drive, is before Council for consideration. The caption of Resolution No. 108-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 108-82 is on file in the official Resolution Book) 12. Interim Mechanical Screening Facilities at the Sewer Plant - South Central Regional Wastewater Treatment and Disposal Board. Council is to consider SCRWTD Board Resolution No. 82-3 relative to the purchase and installation of the interim mechanical screening facilities at the Plant, and contract documents between the Board and Boyle Construction. This was approved by the Board at the October 13, 1982 meeting. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. It is recommended that Council ratify the action of the Board. 13. Ocean Outfall Engineering Study. It is recommended that Council approve the joint engineering agreement between Delray Beach and Boynton Beach with CH2M Hill for ocean outfall study and EPA waiver application at a cost to Delray Beach of $16,238. Mr. Blair moved for approval of the Consent Agenda, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 14. Ordinance No. 71-82 - Zoning Ordinance Amendment - Pawn Shops. Ordinance No. 71-82, amending Chapter 30 "Zoning" of the Code of Ordi- nances relative to pawn shops, is before Council for consideration on First Reading. If passed, public hearing will be held on November 23rd. The City Manager presented Ordinance No. 71-82: 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 (C) "CONDITIONAL USES" AND SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT (C) "CONDITIONAL USES" TO ALLOW PAWN SHOPS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 71-82 on First 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. Before roll call, Mr. Jackel stated that he feels pawn shops do not fit in with the high quality of life they want to maintain in Delray Beach and, secondly, many pawn shops handle handguns. Unless it can be shown that the Police Department will benefit from this, he can see no reason for allowing pawn shops in this City. - 4 - 11/09/82 At this point the roll was called to the motion. 15. Ordinance No. 84-82 - Navilio Annexation. Ordinance No. 84-82, annexing a parcel of land located east of S.W. 8th Avenue, be- tween Benjamin Avenue and Linton Boulevard, subject to RM-15 (Multiple Family Dwelling) District, is before Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 84-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE WEST 324 FEET OF THE SOUTH HALF (~) OF LOT 8, LESS THE SOUTH 53 FEET THEREOF FOR THE RIGHT-OF-WAY OF LINTON BOULEVARD, LYING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, 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; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 84-82 on First 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. 16. Ordinance No. 85-82 - Navilio Annexation. Ordinance No. 85-82, relative to annexing a parcel of land located east of S.W. 8th Avenue, between Benjamin Avenue and Linton Boulevard, subject to R-iA (Single Family Dwelling) District, is before Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 85-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 17, BLOCK 6; LOTS 1 THROUGH 19, BLOCK 8; LOTS 1 THROUGH 25, BLOCK 9; LOT 11, BLOCK 14, SOUTHRIDGE PLAT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THE WEST 25 FEET OF THE SOUTHWEST QUARTER OF LOT 8 IN THE SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CON- TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING 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. Blair moved for the adoption of Ordinance No. 85-82 on First 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. 17. Ordinance No. 86-82 Yracheta Annexation. Ordinance No. 86-82, relative to annexing a parcel of land located south of Royal Palm Drive, between Lime Lane and Germantown Road, subject to R-iA (Single Family Dwelling) District, is before Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. - 5 - 11/09/82 The City Manager presented Ordinance No. 86-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE EAST 80 FEET OF LOT 7, BLOCK "B", SUNNY ACRES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 63 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 OBLIGA- TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 86-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 18. Ordinance No. 87-82 - California Designs, Inc. Annexation. Ordinance No. 87-82, relative to annexing a parcel of land located west of S.W. 8th Avenue between S.W. 12th Street and Dixie Boulevard, subject to R-lA (Single Family Dwelling) District, is before Council for con- sideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 87-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 12, BLOCK 13; LOTS 1 THROUGH 6, BLOCK 15; LOTS 1 THROUGH 12, BLOCK 16; LOTS 1 THROUGH 18, BLOCK 18, LOTS 1 THROUGH 13, BLOCK 19, SOUTHRIDGE PLAT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 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; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 87-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 19. Ordinance No. 89-82 - Bird Annexation. Ordinance No. 89-82, relative to annexing a parcel of land located east of S.W. 8th Avenue, between Benjamin Avenue and Linton Boulevard, subject to RM-15 (Multiple Family Dwelling) District, is before Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 89-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 7 THROUGH 13, INCLUSIVE, BLOCK 14, PLAT 2 OF 2 OF SOUTH- RIDGE, AS RECORDED IN PLAT BOOK 13, PAGE 39, ACCORDING TO 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; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. - 6 - 11/09/82 Mr. Blair moved for the adoption of Ordinance No. 89-82 on First 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. 20. Ordinance No. 90-82 - Southri~e Associates Annexation. Ordinance No. 90-82, relative to annexing a parcel of land located west of S.W. 8th Avenue, between Ella Street, if extended west and Linton Boulevard, subject to RM-15 (Multiple Family Dwelling) District, is before Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 90-82: 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 90-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 21. Ordinance No. 91-82 - Linton Forest Annexation. Ordinance No. 91-82, relative to annexing a parcel of land located west of S.W. 8th Avenue between Sundy Aveue, if extended west, and S.W. 12th Street, if extended west, subject to RM-15 (Multiple Family Dwelling) District, is before Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 91-82: 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 91-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 22. Ordinance No. 92-82 - Christiansen Annexation. Ordinance No. 92-82, relative to annexing a parcel of land located east of S.W. 4th Avenue, between Linton Boulevard and Southridge Road, subject to LI (Light Industrial) District, is before Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 92-82: 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 20, 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. - 7 - 11/09/82 The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 92-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 23. Ordinance No. 93-82-Palers Development Corporation Annexation. Ordinance No. 93-82, relative to annexing a parcel of land located north of Douglass Avenue, between S.W. 6th Avenue and S.W. 4th Avenue, subject to RM-15 (Multiple Family Dwelling) District, is before Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 93-82: 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 93-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 24. Ordinance No. 94-82 - Mahns Annexation. Ordinance No. 94-82, relative to annexing a parcel of land located east of North Federal Highway between Allen Avenue and Avenue Au Soleil, subject to GC (Gener- al Commercial) District, is before Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 94-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 39, DELRAY BEACH ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 21, PAGE 13, WHICH LAND IS CONTIGUOUS TO EX- ISTING 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 PRO- VIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 94-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Mr. Blair congratulated the Planning Director and members of the Planning and Zoning Board for moving forward and getting all these annexations in; he hopes they will continue to do this good work. Mrs. Elizabeth Matthews asked if the City intends to annex the Hot Spa Fever and the Adult Book Store, when they become contiguous and requested that Council consideration be given to this matter. - 8 - 11/09/82 The City Attorney advised that those businesses would become non-conforming uses in the City. Mr. Perry stated that it is his under- standing that Hot Spa Fever is already in a position to be annexed; they had an application for water service which they withdrew. In response to Mrs. Matthews' request, Mayor Young advised that he will take this up with the Planning Director. 25. Ordinance No. 95-82 - Chan~in~ the City's Land Use Plan Des- i~nation. Ordinance No. 95-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located north of West Atlantic Avenue, between Dover Road and Hamlet Drive, if these roads were extended north, from SF (Single Family) to C (Commercial), is Defore Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 95-82: 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 A PARCEL OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, FROM SF-SINGLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 95-82 on First 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. 26. Ordinance No. 96-82 - Changing the City's Land Use Plan Des- ~gnation. Ordinance No. 96-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located north of West Atlantic Avenue, between Dover Road and Hamlet Drive, if these roads were extended north, from SF (Single Family) to C (Commercial), is before Council for consideration. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 96-82: 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 A PARCEL OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, FROM SF-SINGLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 96-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 27. Ordinance No. 97-82 - Changing the City's Land Use Plan Des- i~nation. Ordinance No. 97-82, relative to changing the City's Land Use Plan Designation in the Comprehensive'Plan for property located at the northeast corner of %~st Atlantic Avenue and Congress Avenue, from I (Industrial) to C (Commercial), is before Council for consideration on First Reading. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 97-82: 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 A PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM I-INDUSTRIAL TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. - 9 - 11/09/82 The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 97-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 28. Ordinance No. 98-82 - Rezoning, Conditional Use, Site and Development Plan Approval - Congress Plaza at Delra¥. Ordinance No. 98-82, relative to rezoning and placing a 7-acre parcel which is pres- ently zoned LI (Light Industrial) District in SAD (Special Activities District), is before Council for consideration on First Reading. This parcel is located north of the C-15 Canal, between 1-95 and Congress Avenue. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 98-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENT- LY ZONED LI (LIGHT INDUSTRIAL) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 7 ACRE PARCEL OF LAND LOCA?ED NORTH OF THE C-15 CANAL, BETWEEN 1-95 AND CON- GRESS AVENUE, SAID LAND BEING 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. Bird moved for the adoption of Ordinance No. 98-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. ~9. Ordinance No. 99-82 - Rezoning, Conditional Use, Site and Development Plan Approval - Branch Bank of Lantana. Ordinance No. 99-82, relative to rezoning and placing a 0.92-acre parcel which is presently zoned RM-15 (Multiple Family Dwelling) District in SAD (Spe- cial Activities District), is before Council for consideration on First Reading. This parcel is located at the northwest corner of Linton Boulevard and Congress Avenue. If passed, public hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 99-82: AN' ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND ;~ICH IS PRESENT- LY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 0.92 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, SAID LAND BEING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDI- ?IONAL 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. Blair moved for the adoption of Ordinance No. 99-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 30. Ordinance No. 100-82 - Amending Code-Tennis Center Charges. Ordinance No. 100-82, amending Chapter 17 "Parks, Beaches and Recre- ation'' of the Code of Ordinances relative to tennis center charges, is before Council for consideration on First Reading. If passed, public hearing will be held on November 23, 1982. - 10 - 11/09/82 The City Manager presented Ordinance No. 100-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 17-2, "CHARGES FOR USE OF TENNIS CEN- TER'', TO INCREASE THE ANNUAL MEMBERSHIP FEES, MONTHLY DUES, AND DAILY COURT FEES APPLICABLE AT THE CITY'S TENNIS CENTER, LOCATED NEAR THE N.W. CORNER OF THE INTER- SECTION OF ATLANTIC AVENUE AND N.W. 1ST AVENUE, FOR RESIDENTS AND NON-RESIDENTS; 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. 100-82 on First Reading, seconded by Mr. Perry. Said motion was withdrawn. Mr. Perry stated that Mr. Foster, Tennis Director, has advised that for junior residents, the old fee was $1.00, and he recom- mends that they leave it at $1.00 for the new year. For single non-res- ident, the old fee was $3.75 and Mr. Foster recommends they make that $4.00 for the new year. Upon question by Mr. Bird, Mr. Perry advised that Mr. Foster would go along with a $1.50 daily fee for junior resi- dents, if that is Council's decision. Mr. Bird moved for adoption of Ordinance No. 100-82 on First Reading with an amendment to Section l(c) so the fee for Single Non-Res- idents reads $4.00 instead of $3.75, 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. Recreation Charges - Pompey Park and Community Center. (a) Council is to consider establishing fees for summer program, day camps and fee classes to cover direct cost plus 25% for residents and 50% for nonresidents. (b) Council is to consider establishing facility use fees for: Gymnasium fee - $200; 50% of all gate receipts Admission Charged over $200 to City Gymnasium fee - $40 up to 3 hours use No Admission Charged Room Rental - small $15 up to 3 hours use room Room Rental - other $40 up to 3 hours use room Kitchen $15 up to 3 hours use Supervisor Fee Included at rate of $10.41 per hour in above pay regardless if used during normal hours or after hours. Mr. Bird moved to approve the recreation fee charges as presented for Pompey and the Community Center, seconded by Mr. Jackel. Upon question by Mayor Young, Dan Winters explained that the supervisor fee would be $10.41 per hour when the facility is closed and when it is open, that fee would be included in the rate. Mayor Young stated that this is not clearly worded in the agenda. - 11 - 11/09/82 Mr. Bird amended the motion by rewording the supervisor fee paragraph to read "a rate of $10.41 per hour shall be charged for those hours when the facility is not normally in operation", seconded by Mr. Jackel. Said motion passed unanimously. 32(a). Recreation Charges - Adult Center. Council is to consider establishing facility use fees for: Party Bridge Club $10 resident per annum $15 nonresident per annum Sunday: additional $1.00 per person regardless of residency status. Recreation Club $10 resident per annum $15 nonresident per annum Chess Club $10 resident per annum $15 nonresident per annum Shuffleboard Club $10 resident per annum $15 nonresident per annum Lawn Bowling Club $10 resident per annum $15 nonresident per annum Duplicate Bridge $1.00 per person per day resident $1.25 per person per day nonresident The Assistant City Manager advised Council that Duplicate Bridge should read $1.00 per person resident and $1.25 per person non- resident, instead of $10 resident and $15 resident as written in the agenda. Upon question by Mr. Perry, she explained that presently they charge $1.00 per table; they are now saying $1.00 per person plus an additional $.25-per person for nonresidents. The Assistant City Manager reported further that Mr. Blair and Mr. Winters met with members of the Party Bridge Club and recommend that each member, regardless of residency status, pay an additional $1.00 per person on Sunday, in addition to the regular charge. Mr. Winters clarified that Duplicate Bridge is a group that takes bridge lessons under Mrs. Chatfield. They have been charging $1.25; Mrs. Chatfield gets $1.00 and the City gets 25¢, averaging about $43.00 for a three hour period. The new fee would actually be $2.25 an hour; they are adding $1.00 per player instead of 25¢ per player. Mr. Winters added that they will probably lose the club as he would assume Mrs. Chatfield will choose to lease the facility using the fees adopted previously. Mr. Bird moved for approval of recreation fees for the Adult Center as listed above, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call the following discussion was had: Upon question by Mayor Young, Mr. Winters advised that his original recommendation to Mr. Hubler was an adjustment in fee for Shuffleboard and Lawn Bowling to $30 resident and $45 nonresident as these areas are more costly to maintain. Mr. Hubler did not feel it was necessary after looking into other communities along the coast. Mayor Young inquired as to the possibility of a labor charge. Mr. Winters recommended that Council go along with Mr. Bird's suggestion to look at this again in one year so that the staff can do a time study on it. At this point the roll was called to the motion. - 12 - 11/09/82 32D. Adult Team Sports. The Assistant City Manager reported that Council is to consider establishing fees for the Adult Team Sports to cover direct cost plus 25% for residents and nonresidents. Currently they are covering direct cost only and not covering additional admini- strative overhead. Mr. Winters explained that direct cost is the oper- ating cost of the league; it does not include electricity, supervisor salary, overhead or field maintenence. They feel that 25% of the direct cost is a good guideline to cover that. Mr. Bird moved that adult recreation sports be charged at the basis of direct cost plus 25%, seconded by Mr. Jackel. Said motion passed unanimously. 33. Declaration of Vacancy Effective Midnight, November 9, 1982 due to the Resignation of Vice-Mayor Bird under Section 3.06(c) of the City Charter. Council should consider declaring a vacancy. Appointment of a replacement will be considered at the Regular City Council meeting of November 23rd. Mr. Blair moved to declare the seat of Councilman Malcolm Bird to be vacated as of midnight tonight, with selection of a replace- ment to be made at the next regular Council meeting, seconded by Mr. Jackel. Said motion passed unanimously. 34. Police Department Training. Council is consider acceptance of a proposal from Broward Consulting Services to conduct Human Rela- tions/ Stress Management training for the Police Department. The total cost of the program is $9,750. Funds are available in the 1982-83 Police Budget. Approval is recommended. Mr. Blair moved for approval, seconded by Mr. Perry. Said motion passed unanimously. 35. Pompey Park Roof. Council is consider authorizing award of a contract to Modern Roofing Company for $2,910 for repairs to Pompey Park roof, including copper flashing, with funds to come from the 1982- 83 operating budget for Pompey Park. Two other proposals were received: $2,960 from Robinson Roofing and $1,920 from Gulfstream Roofing. The reason for acceptance of second low bid is that copper flashing is superior to galvanized material. Mr. Perry moved to award the contract to Modern Roofing Company, seconded by Mr. Bird. Mayor Young stated that his condominium association has had work done by Modern Roofing Company. It is his understanding the com- pany has been sold since then and that the present owners have only had very short periods of experience in this line of work. They have also had work done by Robinson Roofing and the work was exemplary. For the little difference in cost, he recommends consideration be given to awarding this contract to Robinson Roofing. Mr. Perry questioned the Administration's reasons for recom- mending the contract be awarded to the second low bidder, Modern Roofing Company, and he asked if the City specs specified copper. The Assistant City Manager replied that she will have to check on that. Mr. Bird moved to table this to workshop, seconded by Mr. Blair. Said motion passed unanimously. 36. Chlorine Cylinders - Public Utilities Department. Council is to consider authorizing award of a contract to Allied Universal, the second lowest bidder, in the amount of $65,232.50, with funds to come from the 1982-83 Public Utilities Budget. Past experience with Jones Chemical Company and its distributors, the lowest and third lowest bidders, has been unsatisfactory due to safety measures, not only in our Water Treatment Plant, but also in several other municipalities. - 13 - 11/09/82 Mr. Bird moved to award the contract to Allied Universal for chlorine cylinders in the amount of $65,232.50, with funds to come from the 1982-83 Public Utilities Budget, seconded by Mr. Perry. Said motion passed unanimously. 37. Appointments - Board of Adjustment. Council is to consider appointment of a regular and an alternate member of the Board of Adjust- ment. Mr. Bird moved that Delma Swilley, alternate member, be appointed as a regular member to fill the unexpired term of Marie Horenburger, seconded by Mr. Perry. Said motion passed unanimously. Mr. Perry moved for the appointment of Mr. Jack O'Toole as an alternate member of the Board of Adjustment. Motion died for lack of a second. Mayor Young stated that he does not feel Mr. O'Toole's experience and background lend themselves to that particular Board. Mr. Jackel suggested that Mr. Jake Strohl, Mr. J. Jeffrey Thistle, and Mr. William Tison, be considered for this particular appointment as they are all well qualified for this position. Mr. Blair moved for the appointment of William A. Tison, Jr., as an alternate member of the Board of Adjustment, seconded by Mr. Bird. Said motion passed unanimously. 38. %~rd Processing System - City Manager's Office. Council is to consider authorizing award of a contract to NCR Corporation for a WorkSaver First-Step word processing system with a 35 CPS Printer for the City Manager's office. The machine will be leased for three years with a monthly lease payment of $297.00. Mayor Young pointed out that the total, with a lease option, comes out to $10,692.00. Upon question by Mayor Young, the Assistant City Manager advised that a direct purchase would be $7,515.00. Mayor Young suggested that Council consideration be given to a direct purchase since the funds are available; this would save the City about $3,000. Upon comment by Mr. Jackel, Mayor Young stated that the contractor should allow the City Manager to test the equipment if he so desires. The Assistant City Manager advised that they are finding that technology is changing so rapidly that at the end of three years, this equipment may not be useful to them, which is why they are recom- mending the lease option. Mr. Bird moved to table this item to next week's workshop meeting, seconded by Mr. Jackel. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 8:30 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 November 9, 1982, which minutes were formally approved and adopted by the City Council on ~F~/. ,~.~, ~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. - 14 - 11/09/82