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04-14-81 447 APRIL 14, 1981 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, April 14, 1981, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird present. 1. The opening prayer was delivered by Reverend Donald Mackay, C-~son United Methodist Church. 2. The Pledge of Allegiance to the flag of the United States of ~erica was given. 3.a. Mrs. Durante moved for approval of the minutes of the spe- cial meeting of April 6, 1981, seconded by Mr. Blair. Said motion passed unanimously. 3.b. Mayor Weekes explained that about three years ago City Council determined that they would no longer fund the fireworks for 4th of July. A gentleman stepped forward and offered to donate $10,000 to the City to be used over three years for that purpose; at that time he asked that the donation remain anonymous. He has now agreed to be identified so that he may be properly recognized. Mayor Weekes pre- sented a plaque to Santa Claus a/k/a Bernard Glassman. 4.a.1. Mr. Bird asked that Council consider setting time aside to formally recognize those people who give their time and their concern to the City. It was the consensus of Council to discuss this further at a workshop meeting. 4.a.2. Mr. Bird asked about the status of the police dog program. He stated that the news story indicated that they are never going to be ready to go on the streets and maybe they need to look at a new and more expensive breed. It was the consensus of Council to discuss this at a work- shop meeting. 4.a.3. Mr. Bird stated that another news article had to do with fire hydrants. He questioned if a project is turned over to them and the work is certified as being completed and it is not, where do they stand; if they have no legal redress what do they need to do in order to have some. He also questioned what the procedure is for cheCking hy- drants. It was the consensus of Council to discuss this at a work- shop meeting. 4.b.1. Mrs. Durante moved that the City Attorney be instructed to add Sandoway Park to the parking meter ordinance before Second Reading and that the Administration be instructed to go ahead and install the already in-hand meters in Sandoway Park, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird stated that this should be with the understanding that they will pursue a means to provide parking for the residents of this City. The other members of Council concurred with Mr. Bird's statement. At this point the roll was called to the motion. 4.c.1. Mr. Blair stated that he would like to have some discussion on beautification in certain areas of the City. It was the consensus of Council to have this on a workshop agenda. 4.d.1. Mayor Weekes presented a letter he received from Mrs. Alice Finst on behalf of the Homeowners League of Chatelaine, Inc. (See attached letter). It was the consensus of Council to schedule this for a work- shop meeting. 5.a. Mr. George Bockhold, 1601 S. Federal Hwy., requested that City Council and the Mayor, at a workshop meeting, take up the issue of timesharing. If they are going to have timesharing projects within the City, it means a 15 unit project can have 780 different families during a year reside therein. This will put an extra strain on the water and sewerage which they were told is in short supply. The City Manager replied that that issue has already been scheduled for the next workshop meeting. 6.a.1. The City Manager reported that they received notice yester- day that they have been approved for a $1,750,152 Federal grant for the construction of lift stations Nos. 50 and 80 that have been in the pro- cess for two to three years. 6.a.2. The City Manager reported that Ordinance No. 23-81 relative to fines to be levied for violation of the ordinance for illegal dumping at the City transfer plant is before Council on First Reading. This ordinance grades the fines with the first offense being $100, the second offense $250 and the third offense $500. The City Manager p~esented Ordinance No. 23-81: AN ORDINANCE OF THE CITY COUNCIL OF THE 'CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12 "GARBAGE AND TRASH", BY AMENDING SECTION 12-2(b), "VIOLATIONS; PENALTIES", TO PROVIDE FOR SET FINES FOR FIRST, SECOND AND THIRD CONVIC- TIONS AND FOR REVOCATION OF PRIVILEGES OF USING THE CITY'S DISPOSAL AREA FOR THE FOURTH CONVICTION OF FALSI- FYING THE STATEMENT REQUIRED BY SECTION 12-21(a) IN ANY ONE YEAR PERIOD OF TIME; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the adoption of Ordinance No. 23-81 on First Reading, seconded by Mrs. Durante. Mr. Bird stated that he has a problem with this ordinance. To illegally dump there, as he understands the procedure, one must sign a certificate saying that the material was actually generated within the City. It has been his observation that the vast majority of people never sign that certification. He questions whether they have any legal ground to go after them, if they are able to determine that the material was generated outside the City. The City Attorney replied that the way the ordinance is set up at the present time, it would require that a person actually falsified the statement. The City Manager suggested that they leave the ordinance as is because he feels they would have a much stronger case in the case of a party who has signed the statement that it came from within the City if, in fact, it did not and the City was able to prove that it did not. During this test period, they will give instructions that all statements be signed whether or not the driver is well known. Mr. Bird stated that about half of the people who dump there do not currently hold valid permits to do lawn maintenance in the City. The City Manager stated that he will see that that's addressed. The City Attorney advised that not every business that comes into the City and does isolated business transactions must have an occupational li- cense. Mr. Bird asked if they are going to subsidize them. Mr. Bird asked if the subdivisions of High Point and Country Manors would be eligible under this particular ordinance. The City Attorney replied that he will have to check the other provisions of the garbage and trash ordinance but, in his opinion, they would not be allowed the opportunity to dump for free at the transfer station. Mrs. Durante stated that she has a problem with the revocation. - 2 - 04/14/81 .. Mr. Scheifly moved to table this to workshop, seconded by Mrs. Durante. Said motion passed unanimously. 6.b. CONSENT AGENDA At the request of Mr. Bird items 6.b.(8), (13), (14) and (17) were pulled from the Consent Agenda. Item 6.b.(18) was pulled from the Consent Agenda at the request of Mr. Blair. The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: 6.b.1. Council informally agreed at workshop sometime ago to consider formal approval of the Retired Senior Volunteer Program. The program essentially provides that senior citizen's skills will be matched with job needs of the participating jurisdiction (Delray Beach). The volunteers who participate in the program would contribute their time to the City. Approval is recommended. 6.b.2o It is recommended that Council authorize Arthur V. Strock & Associates, Inc., the City's beach consulting engineers, to provide beach engineering services under the terms of the recently ap- proved City/Strock contract for sand fence, access improvements, vege- tation, landscaping, preparation of funding applications and other miscellaneous engineering services germane to maintenance of the City's beach and coastal area. This item was on the March 24th agenda at which time it was referred to the April 7th workshop meeting. 6.b.3. The study for beach maintenance nourishment is required on a continuing basis to determine erosion losses. The work involves topographic and hydrographic surveys to evaluate the effective- ness of beach nourishment. This item was on the March 24th agenda at which time it was referred to the workshop meeting on April 7th. It is recommended that Arthur V. Strock & Associates, Inc., consulting engi- neers, be authorized to perform this work under the terms of the City/ Strock contract recently approved by Council. 6.b.4. It is recommended that Council authorize submitting to sale the vessel, Topaz, confiscated in a drug arrest and that auc- tioneer Jim Graham be retained to handle the sale by auction under terms and conditions similar to the last boat sale. 6.b.5. It is recommended that Council authorize the admini- stration to seek bids for acoustic ceiling at the Delray Beach Country Club. 6.b.6. Reverend Keith Dennis of the Daughter of Zion S.D.A. Church, has requested a permit to erect a tent on City-owned land lo- cated on S.W. 2nd Street between 8th and 9th Avenues to be used for Vacation Bible School and Bible lectures from June 27th to August 8th. Council, at the March 17th workshop meeting, agreed to the concept and asked the City Attorney to research the legal ramifications. Because the proposed project involves the erection of a tent, the church will be required to comply with the provisions of Section 16-3 of the Code of Ordinances. The City Attorney has given legal clearance to the request. Approval is recommended. 6.b.7. The purchase of two motorcycles for the Police Department was discussed at the workshop meeting on April 7th. The following bids have been received: Quotation Bidder Each Total Palm Beach Kawasaki $4,396 $8,792 West Palm Beach Kawasaki Dynamics 4,534 9,068 North Palm Beach Delray Beach Kawasaki 4,687 9,374 Delray Beach 04/14/81 It is recommended that the motorcycles be purchased from Palm Beach Kawasaki in the amount of $8,792 with funding to come from the 1980-81 Law Enforcement Trust Fund in the current budget. 6.b.9. As discussed at the workshop meeting on April 7th, Council is to consider the appointments of Virginia G. Cady as a regular member of the Civil Service Board to the unexpired term of Roy I. Mitchell, ending April 1, 1982 and the appointment of Albert W. Johnson, Jr. as an alternate member to the unexpired term of Virginia G. Cady, ending July 1, 1983. Approval is recommended. 6.b.10. It is recommended that Council authorize execution of an amendment to the agreement between the City and Highland Beach relative to the sewage Disposal Contract. 6.b.ll. As discussed at workshop on April 7, 1981, it is recommended that Council approve City maintenance of two 30 H.P. pumps and one starter pump and the maintenance of sprinkler system lines (but not sprinkler system heads) on the median strip of Homewood Boulevard between Red Hibiscus Drive and Linton Boulevard and on the north side of Linton Boulevard street right-of-way between Homewood Boulevard and the L-34 Canal for a one-year period ending April 14, 1982. 6.b.12. The Mayor should acknowledge minutes of the Beauti- fication Committee meeting of March 4, 1981 and refer the item marked for Council attention to the administration. 6.b.15. A request has been received for the City to con- struct paving on S.E. 1st Avenue between S.E. 8th Street and S.E. 9th Street, with said improvement to be financed by special assessment. The estimated project cost is $15,000. The owners of 50% of the affected property have indicated they favor the improvement and Florida Power & Light, owner of the remaining property involved has been approached and has this under advisement. It is recommended that Council authorize proceeding with special assessment procedures which will entail a public hearing at a future date, at which time the wishes of the affected owners can be conclusively determined. This was discussed at the April 7th workshop meeting. 6.b.16. The Delray Beach Kiwanis Club Sunrise has requested permission to hold their Fifth Annual Summer Beach Festival on July 25th at Anchor Park. Approval is recommended. Mr. Bird moved for approval of the Consent Agenda, with the exception of items (8), (13), (14), (17) and (18), seconded by Mr. Scheifley. Said motion passed unanimously. 6.b.8. The City Manager reported that as discussed at the April 7th workshop meeting, Council is to consider the appointment of Michael Christensen as a member of the Planning & Zoning Board to the unexpired term of Leo Blair ending September 28, 1981. Approval is recommended. Mr. Bird stated that they have never appointed anybody to two City boards; it is his understanding that Mr. Christensen currently serves on the Community Appearance Board. Mayor Weekes replied that he would have to resign. Mr. Bird added that Mr. Bridges, an architect, has expressed an interest in being on the Community Appearance Board and he would submit his name for consideration. Mr. Bird moved to appoint Michael Christensen as a member of the Planning & Zoning Board to the unexpired term of Leo Blair, ending September 28, 1981, seconded by Mrs. Durante. Said motion passed unani- mously. 6.b.13. The City Manager reported that the City is in receipt of an application from Guillermina A. and Elisandro N. Espinoza for City water and sewer service to serve .399 acres located at 1043 Germantown Road, which is outside the City. This is a single family residence. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicants. - 4 - 04/14/81 Mr. Bird asked if they should put these items (13 & 14) in abeyance until after the workshop meeting. The City Attorney replied that it would be consistent with what Council did last week to defer them, except possibly with the request of Dimentional Builders. Council may want to receive more information on that. He understands that that is Rainberry Bay and is under construction at the present time. Mrs. Durante moved for approval of the request for water and sewer service from Elisandro and Guillermina Espinoza, seconded by Mr. Scheifley. Said motion passed unanimously. 6.b.14. The City Manager reported that a Developers Utility Service Agreement has been received from Dimentional Builders, Inc. for the providing of water and sewer service to 17.29 acres located at the northwest corner of Lake Ida Road and Congress Avenue. In accordance with City policy, the developer has deposited a check in the amount of $6,800 in the City's Developers' Fund to cover $62.50 per living unit for sewer and $37.50 per living unit for water for 68 units. It is recommended that Council approve execution of the agreement. Mr. Bird moved to table this request for two weeks, seconded by Mr. Scheifley. Said motion passed unanimously. 6.b.17 The City Manager reported that the following bids have been received for the purchase of a pavement marking machine for the Engi- neering Department Traffic Division: Bidder Quotation Prismo Universal Corporation $19,556.00 Parsippany, NJ M-B Company of Wisconsin 19,117.40 Chilton, WI Shelley Tractor & Equipment Co. 16,854.95 Miami Dave Smith & Company, Inc. 19,950.00 Ft. Lauderdale It is recommended that purchase be made from Prismo Universal Corpora- tion for their Model No. 240, which includes additional equipment and accessories required to meet the needs of the Traffic Division's opera- tions in the amount of $19,556 by passage of Resolution No. 24-81, with funding to come from the Federal Revenue Sharing Fund in the amount of $17,000 and the balance of $2,556 to come from the General Fund Contin- gency Account. The City Manager presented Resolution No. 24-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE PURCHASE OF A PAVEMENT MARKING MACHINE FOR THE CITY OF DELRAY BEACH ENGINEERING DEPARTMENT TRAFFIC DIVISION. (Copy of Resolution No. 24-81 'is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 24-81, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.b.18. The City Manager reported that it is recommended that Reso- lution No. 25-81 be adopted authorizing the purchase of a beach cleaning machine at a purchase price of $10,150, with funding to come from Federal Revenue Sharing funds provided in the Parks & Recreation budget. The budget provides $30,000 for the purchase of a diesel tractor. A - 5 - 04/14/81 tractor was purchased for approximately $19,000, thus leaving sufficient funds in the account for purchase of the beach cleaning machine. Origi- nally, it was hoped the County would pay for the beach cleaning machine, but this did not materialize. The tractor is used to pull the machine in the cleaning of the beach. The City Manager presented Resolution No. 25-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO RATIFY AND CONFIRM PRIOR CONTRACT NEGOTIATIONS AND TO AWARD A CONTRACT FOR THE PURCHASE OF A BEEMER BEACH CLEANER (Copy of Resolution No. 25-81 is on file in the official Resolution Book) Mr. Blair stated that from looking at the diagram and the information they received on this, it looks like a heavy maintenance piece of equipment. Mayor Weekes replied that the administration and the City has been looking at this off and on for two years. The City Manager advised that this is the most inexpensive one they've located. Mr. Scheifley moved for adoption of Resolution No. 25-81, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.b.12. Mayor Weekes noted that there is an item in the minutes of the Beautification Committee which they approved, relating to the con- dition of dumpsters in the City. 6.c. Mr. Harry Harold and Mr. Thomas Thorson, representatives of May, Zima & Company, made a presentation relative to the 1979-80 muni- cipal audit. 6.d. The City Manager reported that it is recommended that Coun- cil authorize execution of an agreement between the City and Palm Beach County for the County to accept the maintenance and operation of traffic control devices located at the intersections of: 1) North Swinton Avenue and N.E. 2nd Street. 2) South Swinton Avenue and S.E. 2nd Street. 3) South Swinton Avenue and South 10th Street. 4) West Atlantic Avenue and West 5th Avenue. Mr. Bird moved for execution of the agreement, seconded by Mrs. Durante. Said motion passed unanimously. 7.a. The City Manager reported that a petition for transfer of ownership of Certificate of Public Convenience and Necessity was sub- mitted to Council at the meeting of March 24th. A public hearing in compliance with Section 28-19, Chapter 28 of the Code of Ordinances has - been scheduled to be held at this time for the purpose of receiving objections, if any, to the transfer of ownership from Joseph Kovar to Raymond Ciccone. Following the public hearing, Council should determine whether to approve the transfer of ownership. No additional taxicabs are requested. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Robert Dittman, representing Raymond Ciccone, stated that he is aware that there have been some differences between the City and the present holder of the certificate. He suggested that the ap- proval of the application will go a long way towards eliminating these differences. He asked that Council, in considering any past problems, not hold it against Mr. Ciccone who is presently working for the current certificate holder. Mr. Ciccone has indicated that he will comply with all the applicable City codes relative to taxi service. He has lined up a place of business at 402 S.E. 6th Avenue. - 6 - 04/14/81 Mr. Giacome Mazzeo, 629 Heron Drive, stated that he is a co-owner of Metric Taxi operating in Delray Beach. In 1979 Joseph Kovar came before Council to merge with Metro Taxi which Council denied. Yet, in 1979 and 1980 in the yellow pages he put down Metro Taxi and his telephone number. He has been vandalized, his taxicabs have been stolen and left on railroad tracks and he has been firebombed. He was told to paint and letter his cars a certain way, yet Mr. Kovar ran his cars any way he pleased. He has nothing against Mr. Ciccone becoming a taxicab operator but the rumors are that Mr. Ciccone is fronting for Mr. Kovar. Mayor Weekes stated that the issue before them is the trans- fer of Mr. Kovar's certificate to a new owner. Mrs. Delores Lopat, 1025 Miami Boulevard, co-owner of Metric Taxi, stated that they are under the impression that Mr. Kovar disap- peared from the site six weeks ago, yet Mr. Ciccone has been running the cabs all this while. If that's the case, he is taking on a violated company. The ordinances on this company have been violated for 2% years and are still under violation. She questioned how they can transfer a violated taxicab company. She thinks Mr. Ciccone should get his own license and get a clean company. They are not against Mr. Ciccone; they are against him transfering this violated company. While he has been operating under Mr. Kovar for six weeks, the cabs are still in viola- tion. Mr. Thomas Burrows, 1310 N. Swinton Avenue, stated that he reviewed the new ordinance and it now reads that the taxis only have to be inspected, not monthly, but at the request of the City Manager. As far as lettering, the ordinance does not say it has to have a name on it; it says it has to have the words taxi or taxicab and a contrasting letter. Mr. Kenneth Wall, District Manager for Greyhound Lines, 950 N.E. 2nd Avenue, Miami, stated that the only thing they object to is the name Greyhound being used in the taxicab business. Mr. Raymond Ciccone stated that he will not use the name Greyhound Taxi Company. The public hearing was closed. Mr. Bird moved to approve the transfer, seconded by Mrs. Durante. Said motion passed unanimously. 8.a. The City Manager reported that Ordinance No. 14-81, amending Chapter 26 "Traffic" of the Code of Ordinances relative to eliminating the two-hour parking zone on the west side of N.E. 1st Avenue from Atlantic Avenue to N.E. 1st Street is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the March 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 14-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26 "TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SEC. 26-44(a) TO ELIMINATE THE TWO-HOUR PARKING ZONE ON THE ~ST SIDE OF N.E. 1ST AVENUE FROM ATLANTIC AVENUE TO N.E. 1ST STREET; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 14-81 is on file in the official Ordinance Book) The City Manager 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. - 7 - 04/14/81 Mr. Scheifley asked why this is being done. If it is done, it's an invitation to the employees to park there all day. It seems to him that it works against the interest of the merchants. Mayor Weekes replied that there are no merchants on that street. Mr. Bird added that there is no convenient parking there. The City Manager stated that if it doesn't work out it can be repealed. Mr. Bird moved for the approval of Ordinance No. 14-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported that Ordinance No. 15-81 is before Council for consideration on Second and FINAL Reading. This ordinance, - if passed, will amend Section 2(a) of Ordinance No. 6-81 relative to providing for additional conditional uses. This ordinance was passed on First Reading at the March 24th meeting. 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. 15-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2(a) OF ORDINANCE NO. 6-81 RELATIVE TO ESTABLISHING SAD DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF U.S. #1, BETWEEN LINTON BOULEVARD AND S.E. 10TH STREET IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST TO PROVIDE FOR ADDITIONAL CONDI- TIONAL USES IN SUCH SAD; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 15-81 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Sam Schwimer asked what these uses are going to be. Mayor Weekes replied that this is a SAD zone on South Federal Hwy. for an office plaza; the additional conditional uses are such things as an accountant's office and attorney's office. They are all office uses within an office complex. Mr. Bird added that in SAD, if you do not specify the uses, it is illegal for those uses. The public hearing was closed. Mr. Blair moved for the adoption of Ordinance No. 15-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. - Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Ordinance No. 16-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to off-street parking (tandem parking) is before Council for consideration on First Reading. Council, at the March 17th workshop meeting, instructed the City Attorney to draft the ordinance. The City Manager presented Ordinance No. 16-81: 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 BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", PARAGRAPH (B)(6) "PARKING ACCESS AND DRIVEWAYS", TO ALLOW TANDEM PARKING IN MULTIPLE FAMILY RESIDENTIAL DEVELOPMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 8 - 04/14/81 The City Manager read the caption of the ordinance. Upon question by Mr. Bird, Mr. Tore Wallin stated one pro- blem they had is that some of the new developments did not have enough area to get the required parking. Mr. Bird stated that he is not sure that they are making a step forward by passing this. He can see a lot of room for abuse. Mr. Blair moved for the adoption of Ordinance No. 16-81 on First Reading, seconded by Mrs. Durante. Mr. Bird stated that he would like to limit it. Every developer who reads it is going to take advantage of it if he can. All they are doing then is building problems they'll have to face in the future. Mrs. Durante asked if they can limit this to developments that would have to be approved by the Planning & Zoning Board to use the tandem parking. Mr. Blair suggested conditional use. The City Attorney suggested tabling the ordinance. Mr. Bird moved to table this ordinance, seconded by Mr. Scheifley. Said motion passed unanimously. 8.d. The City Manager reported that Ordinance No. 18-81, amending Chapter 5 "Animals and Fowl" of the Code of Ordinances is before Council for consideration on First Reading. This was discussed at the January 10th workshop meeting. The City Manager presented Ordinance No. 18-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 5 "ANIMALS AND FOWL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I "IN GENERAL" BY REPEALING SECTION 5-4 "IMPOUNDING LIVESTOCK AT LARGE"; ENACTING A NEW SECTION 5-4 "IMPOUNDING LIVESTOCK AT LARGE" RELATIVE TO IMPOUNDMENT OF LIVESTOCK AND ASSESSING IMPOUNDMENT FEES; ENACTING A NEW SECTION 5-5 "UNLAWFUL TREATMENT OF ANIMALS"; ENACTING A NEW SECTION 5-6 "INTERFERENCE WITH ANIMAL CONTROL PERSONNEL"; ENACTING A NEW SECTION 5-7 "POLICE DOGS - INJURY TO AND INTERFERENCE WITH PROHI- BITED''; BY AMENDING ARTICLE II "DOGS" BY REPEALING SEC- TION 5-16 "IMPOUNDMENT, DISPOSITION OF VIOLATIONS"; ENACTING A NEW SECTION 5-16 "IMPOUNDMENT, DISPOSITION OF VIOLATIONS" RELATIVE TO THE IMPOUNDMENT OF DOGS AND THE IMPOSITION OF A PICK-UP AND BOARDING FEE; AMENDING SEC- TION 5-19 "VICIOUS DOGS TO BE MUZZLED" TO DIRECT COM- PLAINTS TO THE DEPARTMENT OF PUBLIC WORKS; AMENDING SECTION 5-20 "REPORT OF DOG BITES REQUIRED" TO DIRECT SUCH REPORTS TO THE DEPARTMENT OF PUBLIC WORKS; BY AMEND- ING ARTICLE III "CATS" BY REPEALING SECTION 5-36 " IM- POUNDMENT AUTHORIZED; DISPOSITION"; ENACTING A NEW SEC- TION 5-36 "IMPOUNDMENT AUTHORIZED; DISPOSITION" RELATIVE TO THE IMPOUNDMENT OF CATS AND THE IMPOSITION OF A PICK- UP AND BOARDING FEE; REPEALING SECTION 5-37 "WHO MAY IM- POUND''; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 18-81 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 22-81 relative to annexing a 1.7-acre parcel of land, located south of Linton Boulevard if extended east, between A1A and the ocean, subject to RM-15 (Multiple Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as RM (Resi- dential Multiple Family). Council, at the March 24th meeting, instruc- ted the City Attorney to prepare an ordinance annexing the property. Second and FINAL Reading and public hearing will be held at the meeting on May 12th. - 9 - 04/14/81 The City Manager presented Ordinance No. 22-81: 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 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED SOUTH OF LINTON BOULEVARD, IF EXTENDED EAST, BETWEEN A1A AND THE OCEAN, 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 Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 22-81 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante -Yes; Mr. Blair -Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mayor Weekes declared the meeting adjourned at 9:40 P.M. 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 April 14, 1981, which minutes were formally approved and adopted by the City Council on ~~ ~//~//. City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 10 - 04/14/81 HOMEOWNERS T, .AGUE OF CHATELAINE Inc. April 1981 To the Mayor City Council Delray Beach, Florida and others To whom it maF concern: Because of what we feel is 1) the poor quality, taste and decreasing pressure of water coming from the City to'our~ subdivision and 2) the continuing delay of the building of a water retention structure to improve that deficient pressure and 3) the number of pending water hookups in and out of the City and 4) the general uncertainty that there will be in the future an adequate, quality water supply available~ at all, The Board of Directors of the Homeowners' League of Chatelaine is requesting that the City Council immediately declare a moratorium on the issuance of any further water hookups in the reserve area of the City. It is our wish that this letter be read into the public record and that time be scheduled at a forthcoming work- shop f~x this request for a moratori~m to be discussed. For the Board of Directors Homeowners' League of Chatelaine Alice H. Finst, President 707 Place Tavant Delray Beach, Florida, 33445