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04-28-81 461 APRIL 28, 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 28, 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 Andrew Hall, First Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3.a. Mrs. Durante moved for the approval of the minutes of the regular meeting of April 14, 1981 and the special meetings of April 8, 1981 and April 10, 1981, seconded by Mr. Blair. Said motion passed unanimously. 3.b. Mayor Weekes presented a City Service Award to Mr. William J. Kerr for giving of his time, talent and service to the City. Mr. Kerr has been a tremendous help to them as a member of the Beautifi- cation Committee from 1970 to 1974 and again from 1976 to 1980. 4.a.1. Mr. Bird suggested that they refer to the Planning & Zoning Board the definition of "density". The definition says that it is that property contained within the boundary line of the site to be developed times the appropriate density. His concern is that it does not address itself to the constitution of the property which is contained within the property lines. If 75% of it were water and you had four acres to be developed at RM-15, the net effect would be that on one acre you would put RM-15 four times. He feels they should put some sort of limitation on that. Mr. Scheifley moved to remand that to the Planning & Zoning Board for input, seconded by Mr. Blair. Said motion passed unanimously. 4.a.2. Mr. Bird stated that several residents who live in the vicinity of A1A and Atlantic Avenue have asked him to express their thanks to the Administration and the Police Department for having helped them pass a very quiet weekend despite the influx into town for the Delray Affair. 4.b.1. Mr. Blair asked if his request for discussion relative to Beautification and cleanup could be on the next workshop agenda. The City Manager replied that it is scheduled to be on the next workshop agenda. 4.b.2. Mr. Blair stated that Council should consider putting in some bike paths along Lake Ida Road from Barwick Road to the shopping center on Military Trail. A gentleman from the audience stated that last year they had a petition with 200 signatures on it for a bike path from Barwick Road to Military Trail and it is on the County's agenda. 5.a. Mr. George Bockhold, 1601 S. Federal Highway, stated that he checked with the County Assessor's office and learned that under the taxing authority of the City of Delray Beach, the City can tax property within the City limits. Therefore, the City of Delray Beach can pass a minimum $100 tax assessment against the owners of property within the City and this can be done by exempting the Homestead property. That would mean that people who own a piece of property for one week could be taxed $100 for that ownership. This would cut down the amount of tran- sit owners in the City. 5.b. Dr. Andrew Hall, First Baptist Church, stated that they have had four or five serious accidents at the corner of 4th and S. Swinton Avenue involving, several times, members of their church, and they are fortunate that they haven't lost any lives there. They need a traffic light there but they would be happy to get a four-way stop sign. Mayor Weekes replied that the Administration will check with the County on this issue. 6.a.1. The City Manager reported that a request for solicitation by the Delray Beach National Little League to solicit May 2, 1981 has been approved by the Solicitations Committee. Mr. Bird moved for approval, seconded by Mrs. Durante. Said motion passed unanimously. 6.a.2. The City Manager reported that a Developers Utility Service Agreement has been received from Dimentional Builders, Inc. This pro- ject is located at the northwest corner of Lake Ida Road and Congress Avenue. This item was deferred from the April 14th agenda as a result of considerations at that time concerning sewer service. Mr. Bird stated that he assumes the majority of Council will approve item (7) of the Consent Agenda; authorizing a consulting firm to test the validity of the readings they've been getting on sewer meters. Until they have done that and they have a report back from the Utility Department, he thinks that they should hold off on these requests, unless these people have preexisting situations with the City where the money has already been paid in and authority already given. The City Manager stated that in this case, Council, some time ago, approved the granting of water and sewer service to the deve- lopment. This is merely the approval of the Developers Agreement so the City can collect $6,000 from the developer. Mr. Bird moved for approval, seconded by Mrs. Durante. Said motion passed unanimously. 6.b. CONSENT AGENDA Mr. Bird requested that items (10) and (19) be pulled from the Consent Agenda for discussion. The City Manager reported on the following items to be con- sidered by Council as the Consent Agenda: (1) It is recommended that Arthur V. Strock & Associates, Inc. be authorized to proceed with the offshore borrow area sand search at an estimated cost of $21,366. This project involves an offshore survey to determine the availability of sand for dredging. This is one of the continuing projects in connection with the beach nourishment program and it has been approved by the Department of Natural Resources for 75% funding. (2) It is recommended that Council accept an approximate 15-foot square utility easement along U.S. No. 1 (S.E. 5th Avenue), 315 feet south of S.E. 10th Street for the placement of water and sewer piping to the recently annexed Acquilano property. (3) It is recommended that Council authorize the securing of bids for installation of table sinks in both locker rooms at the Delray Beach Country Club. (4) It is recommended that Council authorize the securing of bids for resurfacing around the Pro Shop and Club House at the Delray Beach Country Club. (5) It is recommended that South Central Regional Waste- water Treatment & Disposal Board Resolution No. 7-81 accepting the EPA grant offer for Step II funding in the amount of $405,334 be approved. This resolution is to be adopted at the SCRWTD Board Special Meeting on April 23rd and requires ratification by the Cities of Delray Beach and Boynton Beach. (6) It is recommended that Council accept the quit claim license for easements and rights-of-way between the City of Delray Beach and the South Central Regional Wastewater Treatment & Disposal Board and - 2 - 04/28/81 463 the City of Boynton Beach for the installation, operation and main- tenance of sewerage facilities. This quit claim license has been exe- cuted by the SCRWTD Board and the City of Boynton Beach and requires execution by the City of Delray Beach. (7) It is recommended that Council authorize paying a consulting engineering firm to be selected by the South Central Regional Wastewater & Disposal Board for assessing the validity of the Delray Beach flow into the South Central Regional Wastewater Treatment Plant at a cost not to exceed $5,000. (8) The following bids have been received for the purchase of 40 lockers for the men's locker room at the Delray Beach Country Club: Bidder Quotation Delray Equipment, Inc. $1,642.00 Delray Beach Diversified Design Enterprises 2,235.00 Boca Raton It is recommended that 40 lockers be purchased from the low bidder, Delray Equipment, Inc. in the amount of $1,642. At an annual rental of $25, the City will recover its investment in less than two years. (9) A Developers Utility Service Agreement has been re- ceived from Centex Homes of Florida, Inc. for the providing of water and sewer service to Rainberry Villas (Phase IVB). A check in the amount of $1300 has been deposited in the Developers' Fund to cover 13 units at $100 per unit ($62.50 for sewer and $37.50 for water). It is recom- mended that Council approve execution of the agreement by motion. (11) The following bids have been received to construct public bicycle paths at the following locations: (1) Linton Boulevard (south side) beginning at Old Germantown Road, extending east to Old Dixie Highway; (2) S.W. 4th Avenue (west side) beginning at S.W. 10th Street extending south to Linton Boulevard; (3) N.E. 8th Street (south side) beginning at North Swinton Avenue, extending east to N.E. 8th Street Bridge: Bidder Quotation Hardrives, Inc. $43,026.00 Delray Beach Carr Soil & Sod Company 45,712.00 Delray Beach It is recommended that the contract be awarded to the low bidder, Har- drives, Inc. in the amount of $43,026 by passage of Resolution No. 28-81. This improvement will be funded from the 50/50 matching grant which was approved by the Palm Beach County Board of Commissioners and the City. The City's portion of payment will come from the 1980 General Obligation Bond Issue. The City Manager presented Resolution No. 28-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT TO CONSTRUCT PUBLIC BICYCLE PATHS AT THE FOLLOWING LOCA- TIONS: (1) LINTON BOULEVARD (SOUTH SIDE) BEGINNING AT OLD GERMANTOWN ROAD, EXTENDING EAST TO OLD DIXIE HIGHWAY (2) S.W. 4TH AVENUE (WEST SIDE) BEGINNING AT S.W. 10TH STREET EXTENDING SOUTH TO LINTON BOULEVARD (3) N.E. 8TH STREET (SOUTH SIDE) BEGINNING AT NORTH SWINTON AVENUE, EXTENDING EAST TO N.E. 8TH STREET BRIDGE, IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 28-81 is on file in the official Resolution Book) - 3 - 04/28/81 4 64 (12) The following bids have been received for the instal- lation of an acoustical ceiling at the Delray Beach Country Club: Bidder Quotation Tri-County Ceilings $2,241.00 Lake Park Accent Interiors, Inc. 2,296.32 Deerfield Beach Star-Lite Ceilings & Insulation 2,900.00 Palm Beach Gardens Campbell Construction Company 3,300.00 Delray Beach It is recommended that a contract be awarded for the installation of an acoustical ceiling to the low bidder, Tri-County Ceilings, in the amount of $2,241.00 by adoption of Resolution No. 30-81 with funding to come from the 1978 Utility Tax Revenue Bond issue. Council, at the April 14th meeting, authorized the administration to seek bids for the instal- lation of the acoustical ceiling. The City Manager presented Resolution No. 30-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE INSTALLATION OF AN ACOUSTICAL CEILING AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 30-81 is on file in the official Resolution Book) (13) Resolution No. 31-81 requiring plans, specifications and estimate of cost for construction of pavement to serve the unpaved portion of S.E. 1st Avenue between S.E. 8th Street and S.E. 9th Street is before Council for consideration. The estimated cost for construc- tion of the pavement is $18,000. Council, at the April 14th meeting, approved initiation of the special assessment project. Approval is recommended. The City Manager presented Resolution No. 31-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST FOR CONSTRUCTING PAVEMENT TO SERVE THE UNPAVED PORTION OF S.E. 1ST AVENUE BETWEEN S.E. 8TH STREET AND S.E. 9TH STREET. (Copy of Resolution No. 31-81 is on file in the official Resolution Book) (14) Resolution No. 32-81 expressing concern over the ever- increasing crime rate and recommending changes in our criminal justice system is before Council for consideration. This was discussed at the April 21st workshop meeting. Approval is recommended. The City Manager presented Resolution No. 32-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING CONCERN OVER THE EVER-INCREASING CRIME RATE AND IN PARTICULAR THE RAPID INCREASE OF VIOLENT CRIMES AND RECOMMENDING CHANGES IN OUR CRIMINAL JUSTICE SYSTEM IN OKDER TO MORE EFFECTIVELY COMBAT THE INCREASED CRIME RATE. (Copy of Resolution No. 32-81 is on file in the official Resolution Book) - 4 - 04/28/81 (15) Resolution No. 33-81 approving the application of Siemens Construction Company to fill the south end of "Lake Delray" A/K/A Rainberry Lake A/K/A Lake Killarney, excavate canals and construct a radial gate water control structure in Rainberry Lakes Development is before Council for consideration. The State Statutes require that the Department of Environmental Regulation acquire the City's review and passage of a resolution of approval for this type project before they issue a permit. Approval is recommended. The City Manager presented Resolution No. 33-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE APPLICATION OF SIEMENS CONSTRUCTION CO., FILED PURSUANT TO FLORIDA STATUTES 253.124 TO FILL THE SOUTH END OF "LAKE DELRAY" A/K/A RAINBERRY LAKE A/K/A LAKE KILLARNEY, EXCAVATE CANALS, AND CONSTRUCT A RADIAL GATE WATER CONTROL STRUCTURE IN RAIN- BERRY LAKES DEVELOPMENT. (Copy of Resolution No. 33-81 is on file in the official Resolution Book) (16) Resolution No. 34-81 approving the application of Plum Realty to provide earth embankment with rip rap along the Intracoastal Waterway and construct two storm drain outfalls at the Landings, located on N.E. 8th Street is before Council for consideration. The State Statutes require that the Department of Environmental Regulation acquire the City's review and passage of a resolution of approval for this type project before they issue a permit. Approval is recommended. The City Manager presented Resolution No. 34-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE APPLICATION OF PLUM REALTY, FILED PURSUANT TO FLORIDA STATUTES 253.124 TO PROVIDE EARTH EMBANKMENT WITH RIP-RAP ALONG THE INTRACOASTAL WATERWAY AND CONSTRUCT TWO STORM DRAIN OUTFALLS AT THE LANDINGS. (Copy of Resolution No. 34-81 is on file in the official Resolution Book) (17) Resolution No. 35-81 approving the application of Minto Construction, Ltd. to plug existing borrow pit entrance from the E-4 Canal in the Linton Lakes project, located at the southwest corner of Linton Boulevard and Congress Avenue is before Council for consider- ation. The State Statutes require that the Department of Environmental Regulation acquire the City's review and passage of a resolution of approval for this type project before they issue a permit. Approval is recommended. The City Manager presented Resolution No. 35-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE APPLICATION OF MINTO CON- STRUCTION LTD. FILED PURSUANT TO FLORIDA STATUTES 253.124 TO PLUG EXISTING BORROW PIT ENTRANCE FROM THE E-4 CANAL TO EXISTING LAKE IN THE PROJECT KNOWN AS LINTON LAKE, LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE IN THE CITY OF DELRAY BEACH. (Copy of Resolution No. 35-81 is on file in the official Resolution Book) (18) Resolution No. 36-81 accepting the Environmental Pro- tection Agency grant offer for Lift Stations 50 and 80 and associated force mains in the amount of .$1,750,152 is before Council for consider- ation. An application was filed with EPA in November, 1979, and EPA has made a grant offer to the City which is now ready for acceptance. Approval is recommended. - 5 - 04/28/81 The City Manager presented Resolution No. 36-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF THE ENVIRON- MENTAL PROTECTION AGENCY GRANT OFFER FOR 75% FUNDING OF LIFT STATIONS 50 & 80 AND ASSOCIATED FORCE MAINS. (Copy of Resolution No. 36-81 is on file in the official Resolution Book) (20) The Planning & Zoning Board at a meeting held on March 16th, recommended by unanimous vote that the site and development plan for Lakeside, located west of Dover Road, between Linton Boulevard and Sherwood Boulevard be approved, subject to: 1) City Engineer's memorandum of February 20th. 2) Director of Public Utilities' memorandum of February 13th. 3) Chief Building Official's memorandum of February 18th. 4) That the developer pay to the City, a sum of money equal to the average appraised value per acre, as determined by Arthur Sprott, for 0.97 acres of park and recreation land. 5) A time limitation of 18 months be set for deve- lopment of the project. This was discussed at the April 21st workshop meeting. Approval is recommended. Mrs. Durante moved to approve the Consent Agenda, minus items (10) and (19), seconded by Mr. Scheifley. Said motion passed unanimously. REGULAR AGENDA 6.b.10. The City Manager reported that the City is in receipt of an application from Michael C. and Linda Posner for City water and sewer service to serve 10 acres, located 1000 feet south of Linton Boulevard, east of Military Trail, which is outside the City. The proposed use is for Doctors' offices. 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 appli- cants. Mr. Bird stated that he has the same concern about this item as he expressed on the other one (6.a.2.). They just authorized an engineer to review the metering and if the metering turns out to be correct then they will have a problem. If it turns out to be incorrect, he would have no problem considering these requests at a later date. Upon question by Mr. Bird, Mr. Louis Martin, Director of Public Utilities, replied that once the engineer is selected, he should have his report ready within two or three weeks. Mr. Carey clarified that item (19) is an industrial development, not a residential develop- ment. A gentleman from the audience stated, with regard to item (19), that he already has a permit to hook up the water and sewer. Upon question by Council members, Mr. Martin stated that they were given a temporary meter for construction purposes. A gentleman from the audience spoke in regard to item (10). He stated that they are concerned about the time involved and asked if they could be approved for water at this time. - 6 - 04/28/81 467 The City Manager stated that the City does not presently have the standard water/sewer/annexation agreement executed; that is really what is on the agenda for approval consideration at this point. It would be in order for the City to approve the standard water annex- ation agreement and hold off on approving sewer. Mr. Bird moved to approve water service to the property of Michael C. and Linda Posner and execute the standard water service annexation agreement for water only, seconded by Mr. Blair. Said motion passed unanimously. 6.b.19. The City Manager reported that the Planning & Zoning Board at a meeting held on April 22nd, recommended by unanimous vote that the final plat for Park Ten Subdivision, located east of 1-95, between S.W. 10th Street and Royal Palm Drive, be approved, subject to: 1) Director of Public Utilities' memorandum of April 13th. 2) That the sidewalk requirement be waived. Approval, subject to the stated conditions, is recommended. Mr. Bird stated that the possibility exists that even if they sign the agreement, if they don't have the capacity they can't hook him up. Mr. Scheifley explained that the sewer plant is owned joint- ly by Boynton Beach and Delray Beach. With a 15 million gallon per day capacity, they are allotted half, 7% million. The meters show that in March Delray exceeded its capacity and Boynton underused theirs. There are substantial problems involved in charges and so forth. Mayor Weekes added that there is no problem with regard to water service, only sewer. Mr. Bird moved to approve final plat approval separating out the sewer approval and holding it in abeyance for a period of approxi- mately 30 days until they get the consultant's report, seconded by Mr. Blair. Said motion passed unanimously. 6.c. The City Manager reported that a recommendation with respect to the establishment of summer rates at the Delray Beach Country Club to become effective on May 1, 1981 is before Council for consideration. Mr. Bird asked about the $5.00 fee to walk around the golf course without using a cart; he questioned the $1.00 discrepancy. Mr. Frank Clark, Pro-Manager, replied that the walkers utilize the golf course considerably. The City Manager added that the $1.00 is similar to a trail fee. Mr. Bird stated that he is delighted to see that this year they are going to charge somewhat more modest costs. Mr. Scheifley stated that he thinks the summer rates pro- posed are unfair and inequitable and he cannot agree to them. He pre- sented a chart and explained why he feels this way. The members, who pre-pay the greens fees, are only saving $1.00 while the non-members save $6.50 if they are non-residents or $7.50 if they are residents. He feels that more consideration should be given to the members. Mr. Bird stated that the non-residents and the resident non-members have approximately the same percentage of change in their revenues. As far as the members are concerned, there is a decided bene- fit in being able to play a number of times for a moderate greens fee. Those who don't find it econonically advantageous, he feels, have long since given up their membership. Mr. Bird moved for approval of the rates, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - No; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Upon question by Mrs. Durante, the City Manager stated that Council estab- lishes the tennis rates also but those don't change as often as the golf rates do. - 7 - 04/28/81 Upon question by Mayor Weekes, Mr. Clark replied that they had about 75 to 100 players a day last summer; very weak. A comfortable full day would be about 200 players. Changing the fee schedule and lowering the summer rates below what they were last year should generate more play and more revenue. Mr. Scheifley stated that he doesn't know if it's practical to have two different cart fees for members and non-members. He sug- gested that they either lower the cart fees to $4.00 for members and leave the cart fees as they are for non-members or raise the greens fee $1.00 and leave the cart fees the way they are. Mrs. Durante asked, if, after seeing Mr. Scheifley's break- down, they still see their proposed summer rates as the best and most equitable rates they could have for the summer. Mr. Clark stated that in the summertime most people like to take a cart and they are trying to make that attractive. He set this one rate of $9.00 for the residents because he feels they deserve a break. There are 320 people on the waiting list who would like to join the club; these people want to play golf. Why should they make it expensive for them to play. Mr. Scheifley agreed with Mr. Clark's comments; however, he still feels that there is an inequity between the members and the non- members. At this point the roll was called to the motion. 7.a. The City Manager reported that the City is in receipt of an application from East Georgia Land Company for City water and sewer ser- vice to serve 50 acres, located south of and adjacent to the Medical Complex, west of Military Trail. The proposed use is for multi-family dwellings. Since the subject property is located west of Military Trail, it is recommended that Council not approve the request. Mr. Bird moved to follow the recommendation of the Admini- stration, seconded by Mr. Blair. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 29-81, recog- nizing and commending Mrs. Gladys Little for her years of dedicated service to the City of Delray Beach is before Council for consideration. Approval is recommended. The City Manager presented Resolution No. 29-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MRS. GLADYS LITTLE FOR HER YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (Copy of Resolution No. 29-81 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 29-81, 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. 8.b. The City Manager reported that Ordinance No. 13-81 relative to annexing a parcel of land located on the west side of Lake Drive, between N.W. 22nd Street if extended west and N.W. 18th Street if ex- tended west, 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 scheduled to be held at this time. The City Manager presented Ordinance No. 13-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 3, LAKE SHORE 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 25, PAGE 26, SAID LAND BEING IN SECTION 5, TOWNSHIP - 8 - 04/28/81 46 SOUTH, RANGE 43 EAST AND IS LOCATED ON THE WEST SIDE OF LAKE DRIVE, BETWEEN N.W. 22ND STREET IF EXTENDED WEST AND N.W. 18TH STREET IF EXTENDED WEST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 13-81 is on file in the official Ordinance Book) The City Clerk 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 the adoption of Ordinance No. 13-81 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. 18-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 5 "Animals and Fowl" of the Code of Ordi- nances. This ordinance was passed on First Reading at the April 14th 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. 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 "IMPOUNDMENT AUTHORIZED; DISPOSITION"; ENACTING A NEW SECTION 5-36 "IMPOUNDMENT AUTHORIZED; DISPOSITION" RELA- TIVE TO THE IMPOUNDMENT OF CATS AND THE IMPOSITION OF A PICK-UP AND BOARDING FEE; REPEALING SECTION 5-37 "WHO MAY IMPOUND"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 18-81 is on file in the official Ordinance Book) The City Clerk 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 the adoption of Ordinance No. 18-81 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. - 9 - 04/28/81 8.d. The City Manager reported that Ordinance No. 24-81 relative to annexing a 19,250 square foot parcel of land located at the northwest corner of S.W. 4th Avenue and Southridge Road is before Council for consideration on First Reading. The Planning & Zoning Board at a meet- ing held on November 25th, recommended by unanimous vote that the sub- ject property be annexed as R-iA (Single Family Dwelling) District since this request is in conformance with the City's Land Use Plan. Sometime ago, Council passed an ordinance on First Reading annexing this property to the City. When the ordinance was considered for Second and FINAL Reading, the owner Mr. McTeague, withdrew the application, the reason being incompatability with what he wished to build and the zoning. Mr. McTeague has now decided to build single family homes on the land and is resubmitting his application for annexation. Approval of the ordinance on First Reading is recommended. Second and FINAL Reading and public hearing will be held at the meeting on May 26th. The City Manager presented Ordinance No. 24-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 3, INCLUSIVE, BLOCK 5, PLAT 2 OF 2, SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 38 AND 39, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTI- GUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING 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 Clerk read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 24-81 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. 8.e. The City Manager reported that Ordinance No. 25-81, amending Chapter 16, Article II of the Code of Ordinances relative to noise con- trol is before Council for consideration on First Reading. This was discussed at workshop. The City Manager presented Ordinance No. 25-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFENSES-MISCELLA- NEOUS'', ARTICLE II "NOISE CONTROL", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 16-35(B)(1)(a) TO ADD A PROVISION PROHIBITING RADIOS, TELEVISION SETS, MUSICAL INSTRUMENTS AND SIMILAR DEVICES TO BE OPERATED OR PLAYED IN SUCH A MANNER AS TO CREATE OR PERMIT ANY NOISE OF SUCH A CHARACTER, INTENSITY OR DURATION AS TO BE DETRIMENTAL TO THE LIFE, HEALTH OR - WELFARE OF ANY INDIVIDUAL OF ORDINARY HABITS AND SENSI- TIVITIES OR ~ICH EITHER STEADILY OR INTE~4ITENTLY DIS- TURBS, INJURES OR ENDANGERS THE COMFORT, REPOSE, PEACE OR SAFETY OF ANY INDIVIDUAL OF ORDINARY HABITS AND SENSITI- VITIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Clerk read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 25-81 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. 9. Mr. Ken Ellingsworth thanked the City Council and the Ad- ministration for the fine cooperation during the Delray Affair. - 10 - 04/28/81 471 Mayor Weekes declared the meeting adjourned at 8:00 P.M. - ~City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of April 28, 1981 which minutes were for- mally 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. - 11 - 04/28/81