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05-12-81 ~77 MAY 12, 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, May 12, 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 (arrived at 7:05), Leo A. Blair, and Malcolm T. Bird, present. 1. The opening prayer was delivered by Mayor Weekes. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of April 28, 1981 and the special meeting of April 21, 1981, seconded by Mr. Scheifley. Said motion passed unanimously. Mrs. Durante arrived at this time. 4.a.1. Mr. Bird moved that item 6.c. be moved to immediately follow item 5 on the agenda, seconded by Mr. Scheifley. Said motion passed unanimously. 4.a.2. Mr. Bird stated that a letter of intent with regard to the City's participation in the new facility to be constructed at West Palm Beach for solid waste disposal is pending as a matter of business for this Council. He asked Council's permission to add that item to the agenda for the special meeting of May 19th. It was the consensus of Council to add that item to the agenda for the special meeting of May 19th. 4.a.3. Mr. Bird stated that in reviewing the election returns from the last City election, they had about 2½ times the normal number of single vote ballots cast. He discussed this with Mrs. Winchester's office and she said that if they chose, Council sitting as the Canvas- sing Board could request that she break those down by recipient by district. He would be interested in having that done. Mr. Bird moved that they ask Mrs. Wincester to do that, seconded by Mr. Blair. Said motion passed unanimously. 4.b.1. Mrs. Durante stated that the reason she is late is because she went up to the sewage treatment plant at 5:00 P.M. and didn't leave until 6:15 P.M. 4.b.2. Mrs. Durante discussed what is happening at the State level regarding their State legislative delegation, the Senate. She is dis- turbed and she would like to send them a message. She feels that the power play in the Senate is casting a negative reflection on other elected officials. They have a responsibility in the role of elected official, first and foremost to the citizens of the political juris- diction which they serve. The partisan political system was supposed to be to serve as a check and balance for the governmental process. She has become a bit disillusioned with the party system in that it has become, more or less, an obsession for power while the needs of the people get caught in the middle or get left unattended. She, personal- ly, did not vote for anybody for any office to represent their party at the expense of good government and definitely not for them to seek their own quest for power, but to serve to the best of their ability in the best interests of all of the citizens. Any legislative action or in- action by that body will be enjoyed or suffered by citizens of both parties. She urges our senators to get on with the business for which they were elected; to serve and serve responsibly and to the honor of that office for which they were elected for the benefit of all the people in the State of Florida. Mayor Weekes stated that the strange phenomenon in the Florida Senate is not a partisan issue; the two protagonists are very powerful members of the same party who apparently are power hungry. One, who is more of a newcomer, is challenging the authority of another who has been in power for many years in the Florida Senate. Mrs. Durante is correct in that it does not work to the benefit of the citi- zens of this State. It is absolutely a shame that the people of this State are going to have to endure what's going to come out of what's taking place in Tallahassee. The time to make your feelings heard is the next time the elections come around. Mr. Bird stated that they had a call yesterday at the Palm Beach County Municipal League, which this City is a member of, concern- ing a standardized date for elections. They hold their elections in the spring because most of their citizens are here. There was an amendment put on to a local bill up there to change that. The Municipal League feels that each City should have the opportunity to establish the date that makes the most sense for them. He asked the people in the audience if they'd rather (1) everybody in the State all voted on the same day or (2) continue as they do now and take into account when the majority of people are here. (The majority of people in the audience were in favor of the second option). 4.c.1. Mayor Weekes presented a proclamation proclaiming the week of May 10-16, 1981 as "Police Week" and May 15, 1981 as "Peace Officers Memorial Day". 4.c.2. Mayor Weekes presented a proclamation proclaiming May 17, 1981 as "Handicapped Persons Day". 5.a.1. Mr. George Bockhold, 1601 S. Federal Highway, suggested that no approval of water or sewer be granted to anyone outside the City unless they apply for annexation. 5.a.2. Mr. Bockhold stated that he feels that the reduction of parking spaces to satisfy timesharing condominiums or conversions which would increase the amount of offstreet parking should not be allowed, should be banned and timesharing condominiums should live up to the City ordinance requiring the same amount of parking spaces that they would normally have. 5.a.3. Mr. Bockhold stated that he is also against increasing densities; he is against the increase of densities from 86 units to 104 units for a development that is going to ask for City water and sewer. 5.b.1. Ms. C.P. Berg, Kings Point, stated that she goes to the beach seven days a week. At the beginning of April she saw a sign stating that on April 4th the meters will be in effect. She and others were putting money in the meters during all of April; then she learned that April 21st was the starting date to put money in the meters. When she learned about the beach parking permits she immediately purchased one not realizing that this permit for $25 would expire September 30th. She feels that that is unfair. She is aware that they can only park in certain areas and that's fine but people are now learning that they can get two hours for a quarter so those spaces are filled up; people with permits won't have a place to park. On two occasions she had to put quarters in the meter although she has a permit. She feels that this is also unfair. 6.c. Mr. David Nathanson, Pines of Delray North, made a presenta- tion relative to the regional wastewater treatment facility. He made several references to the minutes of a meeting held on this subject; they are in the form of a memorandum from Charlotte Durante to City Council dated May 12, 1981 (See attached memorandum). Mr. Nathanson presented to Council a petition with 308 signatures in support of his presentation. Mayor Weekes thanked Mr. Nathanson for his fine presentation and assured him of the cooperation of Council and the Administration. He pledged his personal efforts and support for whatever resources have to be applied to this problem. Mayor Weekes declared a recess at this time, the time being 7:35 P.M. The meeting reconvened at 7:45 P.M. - 2 - 05/12/81 6.a.1. The City Manager reported that one week ago tonight, acting by authority of an existing ordinance, he announced certain restrictions on the use of water which was triggered by action earlier in the day by the South Florida Water Management District aimed at reducing the use of water by at least 10% and hopefully more. Upon his inquiry this after- noon, it was reported to him that Delray Beach's reduction in water consumption has been approximately 27% during the week. He expressed the City's appreciation for the good cooperation that they have had from the City as a whole in bringing about this more than asked for reduction in water use. 6.a.2. The City Attorney reported that the requested approval of a license agreement between the City and the Seaboard Coastline Railroad to permit the City to install a water line under the Seaboard Coastline tracks is before Council for consideration. The license agreement is consistent with prior license agreements they have had with F.E.C. and the Seaboard Coastline Railroad. Approval is recommended. The agree- ment was originally requested by the City administration. Mr. Bird moved to approve the agreement transmitted with the Seaboard Coastline Railroad letter of May 1, 1981, seconded by Mr. Scheifley. Said motion passed unanimously. 6.b. CONSENT AGENDA The City Manager reported that Mr. Chapin requested that item 6.b.(9) be removed from the Consent Agenda. The City Attorney stated that item 6.b.(14) should also be removed. Mr. Bird requested that item 6.b.(4) be removed. The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) Council informally agreed at a recent workshop meeting to approve an Agreement with the County that will authorize retaining of a consultant for the City's Community Development Program, as requested by the County Community Development Office. (.~) It is recommended that Council authorize the securing of bids or negotiation for the purchase of an aerator and related equip- ment for use at the Delray Beach Country Club. (~) It is recommended that Council authorize the securing of bids or negotiation for the construction of two rain shelters for the Delray Beach Country Club. (~) As discussed at workshop on May 5, 1981 it is recom- mended that Council authorize the purchase of Lot 4, Golfview Estates, for the sum of $35,000, with financing to come from Florida Power and Light franchise fees. This property is needed for the realignment of Homewood Boulevard. (~) The Planning & Zoning Board at a meeting held on April 27th, recommended by unanimous vote that the conditional use to allow a Medical Office Building for Dr. Sudhir Nayer, located on the north side of N.E. 8th Street, between N.E. 2nd Avenue and N.E. 3rd Avenue be ap- proved, subject to: (1) City Engineer's memorandum of March 11, 1981. (2) Director of Public Utilities memorandum of March 11, 1981. (3) A time limitation of 12 months be set for development of the project. Approval is recommended. (7) The Planning & Zoning Board at a meeting held on April 27th, recommended by unanimous vote that the final plat approval for Southeast Investments Plat No. One, located south of Lake Ida Road, between Depot Avenue and the SAL Railroad be approved, subject to the Director of Public Utilities' memo of March 19th. Approval is recom- mended. - 3 - 05/12/81 (8) The Planning & Zoning Board at a meeting held on April 27th, recommended by unanimous vote that the conditional use for Im- perial Oil Co. in the SC (Specialized Commercial) District to allow a gasoline station, located at the southwest corner of S.E. 6th Avenue (U.S. No. 1) and S.W. 2nd Street be approved, subject to: (1) City Engineer's memorandum of April 27, 1981. (2) Director of Public Utilities' memorandum of March 19, 1981. (3) A time limitation of 12 months be set for development of the project. (4) That the curb cut on S.E. 6th Avenue (U.S.~i) be 40 feet wide. - Approval is recommended. (10) The Planning & Zoning Board, at a meeting held on April 28th, recommended by unanimous vote that the final plat for Pre- cision Electronics Building, located on the south side of the L-32 Canal, between the E-4 Canal and Congress Avenue, be approved, subject to: (1) City Engineer's memorandum of April 23, 1981. (2) Director of Public Utilities memorandum of April 3, 1981. Approval is recommended. (11) The Planning & Zoning Board, at a meeting held on April 27th, recommended by a vote of 5 to 0 (Carey abstaining) that a replat of parcels "W", "X" and portions of "V" of the Abbey Delray South Development, located on the west side of the E-4 Canal, between Linton Boulevard and Germantown Road be approved, subject to: (1) City Engineer's memorandum of April 27, 1981. (2) Director of Public Utilities' memorandum of March 12, 1981. Approval of the replat is recommended. (12) The Planning & Zoning Board, at a meeting held on April 27th, recommended by a vote of 5 to 0 (Campbell abstaining) that the Gardens at Centre Delray, located south of Linton Boulevard, between Congress Avenue and the SAL Railroad be rezoned to SAD (Special Activi- ties) District and that the conditional use and site and development plan to allow an office development in one 4 story building be approved, subject to: (1) City Engineer's memorandum of March 9, 1981. (2) Director of Public Utilities' memorandum of March 2, 1981. (3) Chief Building Official's memorandum of March 13, 1981. (4) A time limitation of 18 months be set for development of the project. It is recommended that the City Attorney be instructed to prepare the ordinance effecting the rezoning. (13) The Planning & Zoning Board, at a meeting held on April 28th, recommended by unanimous vote that the replat of Layer's Delray Racquet Club Addition, which consists of the dedication of cer- tain rights-of-way to the City and establishing utility easements, loca- ted on the south side of Quail Road, between Lindell Boulevard and S.W. 4th Avenue if extended south be approved, subject to the Director of Public Utilities' memorandum of April 22nd. Approval is recommended. - 4 - 05/12/81 (15) The Planning & Zoning Board, at a meeting held on April 27th, recommended by a vote of 5 to 0 (Campbell abstaining) that a 50 foot long by two foot wide section of an existing 20 foot wide sewer and water easement be abandoned so that buildings three and four of Harbourside, located on the east side of U.S. No. 1 between Linton Boulevard and S.E. 10th Street, will meet required setback requirements. It is recommended that the easement be abandoned. (16) The Planning & Zoning Board, at a meeting held on April 27th, recommended by a vote of 5 to 0 (Campbell abstaining) that the final plat approval for the Atrium at Centre Delray, located on the south side of Linton Boulevard between Congress Avenue and the SAL Rail- road be approved, subject to the Director of Public Utilities' memoran- dum of April 24th. Approval is recommended. (17) Resolution No. 27-81 requesting that Palm Beach County enter into another agreement with the City for providing beach erosion control project funds to the City for an additional 10 years in the amount of $200,000 per year has been prepared for Council consideration. This has been discussed by Council at workshop. Approval is recom- mended. The City Manager presented Resolution No. 27-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT PALM BEACH COUNTY ENTER INTO ANOTHER AGREEMENT WITH THE CITY OF DELRAY BEACH FOR PROVIDING BEACH EROSION CONTROL PROJECTS FUNDS TO THE CITY FOR AN ADDITIONAL PERIOD OF TEN (10) YEARS EXPIRING FEBRUARY, 1993 IN THE AMOUNT OF $200,000 PER YEAR, AND REQUESTING THAT PROVISIONS BE MADE IN SUCH AGREEMENT THAT ANY ADDITIONAL PARKING DEVELOPED BY THE CITY IN THE BEACH VICINITY BE RESERVED ONLY FOR RESIDENTS OF THE CITY OF DELRAY BEACH; PROVIDING FOR AND DIRECTING THE CITY CLERK TO FURNISH COPIES OF THIS RESOLUTION TO THE PALM BEACH COUNTY COMMISSION AND ALL OTHER APPROPRIATE PUBLIC AGEN- CIES AND OFFICIALS. (Copy of Resolution No. 27-81 is on file in the official Resolution Book) (18) A communication has been received from the Area Plan- ning Board regarding transportation assistance, FDOT for Habilitation Center for the Handicapped, located at 2660 N.W. 1st Avenue, Boca Raton. This project will not result in any adverse effects to the local natu- ral, social or economic environment and there is no duplication of ongoing projects or programs. Approval is recommended. (19) The City is in receipt of an application from Mario Esposito & Vincent Nibali, applicants for City water and sewer service to serve Vince Restaurant & Lounge, 2808 S. Federal Highway, which is outside the City. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will per- mit the City to provide the requested water service to the applicants. (20) The City is in receipt of an application from A. Clyde and Margaret J. Worrell for City water and sewer service to serve Lot 3, First Addition to Kenmont -- 915 Palm Trail, which is outside the City. This is a single family residence. It is recommended that Council ap- prove execution of the City's standard water service/annexation agree- ment, which will permit the City to provide the requested water service to the applicants. (21) The standard Developers Utility Service Agreement has been received from RSM Developers, Inc., for water and sewer service for Rainberry Lake IIIB. A check in the amount of $6,400 has been deposited in the Developers' Fund to cover 64 units at $100 per unit ($62.50 for sewer and $37.50 for water). Council previously approved providing water and sewer service to this development. It is recommended that Council approve execution of the agreement. - 5 - 05/12/81 (22) The revegetation plan provides for planting sea oats on the dunes between the sand fences and in some cases up to the exist- ing scaevola hedge. This vegetation is considered beneficial in pro- viding a means of holding the blowing sand. The estimated cost for planting the entire beach is $15,000. This project would be submitted for consideration as part of the funding as provided by the Department of Natural Resources, whose share is 75%. Approval is recommended. (23) As discussed at workshop on May 5, 1981, it is recom- mended that Council authorize the administration to make application to the Department of Transportation for 70% financing for the construction of a bicycle path on West Atlantic Avenue between Congress Avenue and Military Trail and for construction of bicycle sidewalk ramps and place- ment of signage on E. 6th Avenue (Federal Highway) between N.E. 8th Street and S.E. 10th Street, a distance of approximately 10,000 feet. The total estimated project cost is $60,000 with an estimated $18,000 being the City's share. Construction, if approved by DOT, is expected to be one to two years away. (24) A communication has been received from the Area Plan- ning Board dated May 5, 1981, requesting A-95 Clearinghouse review and comment relative to the Department of Housing and Community Development Seventh Year Application, funding for FY 1981-82. This project will not result in any adverse effects to the local natural, social or economic environment and there is no duplication of ongoing projects or programs. Approval is recommended. (25) It is recommended that Council approve City partici- pation in the amount of $2,954 (20% of $14,774 project cost) for im- provement of the north-south alley between N.E. 3rd Avenue and the FEC Railroad provided that the project is completed, to City specifications, not later than August 12, 1981. Payment in the amount of $2,954 is to be made by the City to Robert Spence after completion of the project, but only if completed by August 12, 1981. It is understood that Mr. Spence is at liberty to secure whatever other voluntary cost participa- tion for the improvement that he is able to get from benefitted parties. The City Attorney asked the following persons if they are in agreement with the staff conditions in regard to their proposals. Mr. John Paulson, 272 Key Palm Road, Boca Raton, repre- sentative for Precisions Electronics, (item 6.b.10) replied yes. Mr. Kevin Donahue, 344 Venetian Drive, Delray Beach, representative for Abbey Delray South (6.b.ll), replied yes. Mr. Doak Campbell, repre- sentative for the applicant, The Gardens at Centre Delray (item 6.b.12), replied yes. The City Attorney reported that there are some conditions included in the Consent Agenda which require agreements and/or dedi- cations from the applicants and he requests, as part of the motion, that a time frame be included as to when those must be complied with. He suggested that would be that the dedications and/or agreements must be submitted and approved to the City before the issuance of building permits. The other condition that he feels should be attached to all development approvals by the City Council is the condition set forth in the memo by the City Manager dated May 11, 1981 addressed to all persons applying for sewer service in the City of Delray Beach. Mr. Bird moved for approval of the Consent Agenda subject to the stipulations just enumerated by the City Attorney excluding items (4), (9) and (14), seconded by Mr. Blair. Said motion passed unani- mously. REGULAR AGENDA 6.b.(4) The City Manager reported that as discussed at the May 5, 1981 workshop meeting, it is recommended that Council authorize the re- taining of a consulting traffic engineer to give an opinion relative to the proposed median opening on South Federal Highway because of comments made by Council Member Malcolm Bird at the April 21, 1981 workshop meeting. - 6 - 05/12/81 Mr. Bird stated that several weeks ago when they discussed this issue, he made an observation of fact that if they continue to permit highway cuts through Federal Highway and assuming that traffic continues to increase in South Florida and the driving habits of those whom he has watched operate in that area don't improve, one day they will have a serious accident down there; at that time this issue will be revisited. He would like to assure both staff and Council that it was not his intention then or in the future to say I told you so if, by unfortunate occurrence, he should be proved right. It is not going to benefit the citizens nor him, as a member of Council, to spend $500 of taxpayers' money to hire a consultant to come up with whatever solution. If the administration has an honest concern that their solution may require additional reinforcement then he has no qualms with approving the expenditure of funds. Mr. Bird moved not to approve this, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - No; Mrs. Durante - No; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - No. Said motion failed with a 3 to 2 vote. Mr. Scheifley moved to approve this item, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - No; Mr. Bird - No; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. 6.b.(9) The City Manager reported that the Planning & Zoning Board, at a meeting held on April 27th, recommended by unanimous vote that the final plat for Laver's North, located south of Linton Boulevard between Lindell Boulevard and S.W. 4th Avenue, be approved, subject to: (1) City Engineer's memorandum of April 27, 1981. (2) Director of Public Utilities memorandum of April 13, 1981. (3) 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 7.046 acres of park and recreation land. Approval is recommended. Mr. Chapin, attorney for applicant, stated that to impose a condition of a future ordinance is improper, unfair and illegal. He urges that item 3 of the Planning Director's memorandum of April 28, 1981 be deleted and that the plat be approved subject to the other conditions. Mr. Bird moved for approval of the final plat for Layer's North with the deletion of Paragraph 3 of the Planning Director's memo- randum of April 28th subject to the conditions set forth in the City Engineer's memorandum dated April 27th and the Director of Public Utili- ties' memorandum of April 13th, seconded by Mr. Scheifley. The City Attorney asked if Lavers is in agreement with the other staff conditions. Mr. Chapin replied, yes. Mr. Frank Carey, Planning & Zoning Board Chairman, stated that about 2% to 3 years ago they imposed a tremendous financial hard- ship on a developer because of a pending ordinance; the project in question was Abbey Delray. That entire project had to be redesigned even though the ordinance at the time was a pending ordinance. They are now in a similar situation. They have a pending ordinance before them in terms of a recreational impact fee to be applied to multi-family developments. This particular ordinance is long overdue. He feels that to give an escape clause to two or three major developers at this late date would be a crime to the citizens of this community. This repre- sents a sizable sum of money. He feels that anyone who hasn't pulled a permit for a building in a multi-family development at this time should be assessed this impact fee. He urges Council not to exclude this requirement from the request of this petition or from item 14. - 7 - 05/12/81 Mr. Chapin stated that he thinks that the time to discuss the ordinance is at a time when it comes before Council for adoption and not to disuss it now. They're not trying to avoid any of their obli- gations involved with the impact of recreation in this community. In this 61 acres there will be 25 tennis courts, a large clubhouse with recreational facilities within, three swimming pools; this is not just for onsite use but also for the residents of this community who wish to participate. Mr. Scheifley stated that he doesn't think that the main question has been brought up. He is in full agreement with the inten- tion of the proposed ordinance and he thinks it is unfortunate that they haven't done it before. On the other hand, he feels that it is a legal question that only the City Attorney can answer. Upon question by Mr. Scheifley, the City Attorney replied that there are some cases that have allowed a municipality to apply an ordinance that was not yet in effect to a pending development appli- cation; he sited several of them. There are also cases that have gone the other way. Mr. Bird stated that he is not sure that the issue with regard to how that impact should apply to any given developer has really been thought out. He doesn't see it as a settled issue and he doesn't think it is appropriate to impose it at this point of time. Mr. Carey stated that every one of these developers should be put on notice right now that this Council is going to adopt an ordi- nance that is going to impact them one way or another. The developers think that if Council takes condition 3 out of the approval process, they're home free; that's wrong. Some formula has to be worked out and applied. Mrs. Durante stated that she fully agrees with the intent of the ordinance and she will support it when it comes before them. She appreciates the thought and input that the Planning & Zoning Board put into it and she wishes it were already in effect. However, she is concerned about their legal position in regard to applying it to the project that's before them now. Mr. Carey stated that they are talking about more than 600 units on 60 plus acres of land; there are not many large parcels of land left in this town. If they give this one and the next one away, then they might as well throw the ordinance out and forget the whole thing. ? Mr. Blair stated that he supports the Planning & Zoning Board's view on this. He thinks that they have to start somewhere and this is as good a time as any. This place does have a lot of recreation but that doesn't mean that anybody off the street can walk in there and make use of it. As Mr. Carey mentioned, these people are going to be using our beach, our parks and our facilities. He feels that they should start paying their fair share. Mayor Weekes stated that he shares Mrs. Durante's and Mr. Bird's concerns in trying to impose the condition of an ordinance that they haven't even workshopped yet. Mr. Chapin stated that it is reputed that this developer is not giving anything to the city unless he's forced to. Mr. Lou Martin, some time last year, requested him to give to the City an acre of land for public water purposes and he has agreed to do that. The City Attorney stated that if the majority of Council is in favor of eliminating the condition but not giving the developer the mistaken impression that at some point down the road a requirement like this might be imposed, then he thinks that should be clear from the motion; and, second, that a rough draft of the ordinance would be ready to be workshopped next Tuesday. One of the problems with this ordinance is trying to justify an ordinance that has a flat requirement regardless of the extent of recreation facilities in a development that's coming through and not allowing any credit; and trying to come up with some basis upon which to provide a reasonable credit if there are recreation facilities that are the type of recreation facilities for which this fee - 8 - 05/12/81 is being charged. They have contacted the Florida League of Cities, the National Institute of Municipal Law Officers and the American Planning Association. Today they received information from the American Planning Association that indicates one type of approach that has been used for a credit; that will be included in the rough draft. Mr. Scheifley asked if there is any provision in the pro- posed ordinance which states that the area donated must be for public use or private use. The City Attorney replied that as it presently stands he thinks it is just dedication for park purposes. The word dedication implies to him that it would be a public facility. Mr. Bird amended the motion to include the requirement for the administration to append a copy of the sewer policy. Mr. Scheifley withdrew his second. Mrs. Durante seconded the motion. Upon roll call Council voted as follows: Mr. Scheifley - No; Mrs. Durante - Yes; Mr. Blair - No; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. Mayor Weekes asked Mr. Bird if he would accept an amendment to his motion on the order of what the City Attorney suggested that the developer be put on notice that he may at some time in the approval process be called upon to make some sort of a public donation of land and/or money in lieu thereof. Upon question by Mr. Bird, the City Attorney replied that this could be a separate motion if it is made before they approve the plat, otherwise he thinks it should be part of the same motion approving the plat. After further discussion, Mr. Bird replied, no, that he will not accept that amendment. At this point the roll was called to the motion. 6.b.(14) The City Manager reported that the Planning & Zoning Board, at a meeting held on April 28th, recommended by unanimous vote that the final plat for Linton Lake, located at the S.W. corner of Congress Avenue and Linton Boulevard be approved, subject to: (1) City Engineer's memorandum of April 27, 1981. (2) Director of Public Utilities' memorandum of April 15, 1981. (3) 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 2.15 acres of park and recreation land. Approval is recommended. Mr. Roy Rogers stated that their density would allow them to go with twice the number of units that they're applying for. By working with the Planning & Zoning Board they evolved what they felt was a better plan which was zero lot line patio and, therefor, this pending park ordinance would now apply to them. If they have to provide this impact, then they could not continue with their zero lot line patio unit but rather fall back into what they feel is not as desirable a plan, but one which they have to approach under an economic feasibilty buildout level. Mr. Bird moved for approval of the final plat for Linton Lake with the removal of paragraph 3 of the Planning Director's memo- randum of April 30th subject to the conditions of the City Engineer's memorandum of April 27th and the Assistant to the Director of Public Utilities' memorandum of April 15th and subject to the memorandum con- cerning sewer which was applied to all other plat approvals. The City Attorney asked the applicant if he is in agreement with the other staff conditions and if he is in agreement with condition No. 3 which refers to the agreement for off-site improvements, that that be submitted prior to any building permits. Mr. Rogers replied yes to both questions. The City Attorney stated that that should be included as part of the motion approving the project. - 9 - 05/12/81 Mr. Bird amended his motion as advised by the City Attorney, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - No; Mrs. Durante - Yes; Mr. Blair - No; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. 6.d. The City Manager reported that the City is in receipt of an application from Elwin G. Moody, Trustee, and Rathel Moody, applicants for West Pointe Development, Inc., for City water and sewer service to serve Garden Apartments - 4697 West Atlantic Avenue - located 600 feet west of Barwick Road and North of West Atlantic Avenue, which is outside the City. The request is that the City's approval for water and sewer service be increased from 86 units to 104 units. The property is loca- ted east of Military Trail. Upon question by Mr. Bird, the City Manager replied that they have the standard water/sewer annexation agreement. Mr. Scheifley asked if this development would conform to the Land Use Plan. Mr. Carey replied, no. Mr. Bird moved for approval and the Council's position in terms of sewer service shall be that reflected on the memo which the City Attorney previously referred to, seconded by Mr. Scheifley. Said motion passed unanimously. 6.e. The City Manager reported that Mr. Richard Siemens, Presi- dent, South County Drug Abuse Foundation, Incorporated, requested Coun- cil, at its May 5, 1981 workshop, to grant the Drug Abuse Foundation $4,000 now (this fiscal year) and to appropriate $4,000 for this purpose in the next budget. Mayor Weekes stated that Mr. Siemens called him and said that he regretfully could not be here tonight. Mr. Scheifley moved to reject the request for $4,000 for this fiscal year and that the second request for $4,000 in the 81-82 budget be postponed until they have their budget discussions in July and August. Motion died for lack of a second. Mr. Carey, Board member, South County Drug Abuse Foundation, stated that it's ironic that at a time when Washington is telling them that their budget from the federal government is going to be reduced 25% to 50% they are now going to have some difficulty getting whatever small sum of money they ever got from the City of Delray Beach. The problem they have in their society with drugs is enormous and there aren't any easy solutions. These programs are essential. Mrs. Durante moved to grant the request for $4,000 for this budget year with funding to come from the General Fund Contingency Account, seconded by Mr. Blair. Upon roll call Council voted as fol- lows: Mr. Scheifley - No; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. 8.a. 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, is before Council for con- sideration on Second and FINAL Reading. 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 Attorney reported that they have received a request that this item be tabled for 90 days. Mr. Bird moved to table Ordinance No. 22-81 until August 11, 1981, seconded by Mr. Scheifley. Upon roll call Council voted as fol- lows: 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. 25-81, amending Chapter 16, Article II of the Code of Ordinances relative to noise con- trol is before Council for consideration on Second and FINAL reading. This ordinance was passed on First Reading at the April 28th 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. - 10 - 05/12/81 t87 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 WHICH EITHER STEADILY OR INTERMITENTLY DIS- TURBS, INJURES OR ENDANGERS THE COMFORT, REPOSE, PEACE OR SAFETY OF ANY INDIVIDUAL OF ORDINARY HABITS ~qD SENSITI- VITIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 25-81 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. Mr. Bird moved for adoption of Ordinance No. 25-81 on Second and FINAL Reading, 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. 8.c. The City Manager reported that Ordinance No. 17-81, amending Chapter 29 "Water and Sewers" of the Code of Ordinances to provide that the sewerage service charge for a commercial or non-residential unit shall be based upon 90% of the recorded flow is before Council for con- sideration on First Reading. The amendment is needed to bring the ordinance into conformance with EPA approved guidelines. The 10% reduc- tion (to 90%) is the estimated differential for irrigation purposes of non-residential properties under residential properties. The City Manager presented Ordinance No. 17-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "WATER AND SEWERS" BY AMENDING SUBPARAGRAPHS (b) AND (d) OF SECTION 29-63 TO PROVIDE THAT THE SEWERAGE SERVICE CHARGE FOR A COMMERCIAL OR NON-RESIDENTIAL UNIT SHALL BE BASED UPON 90% OF THE RECORDED FLOW; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Attorney advised that this ordinance, in essence, provides a 10% discount. He has written a previous memo to the City Manager and City Council that he feels that unless there is a cost differential in providing this type of service to this type of customer versus other customers who pay a higher rate, then the ordinance should not be adopted. Council may want to go ahead and pass it on First Reading and schedule it for more discussion at a workshop meeting. Mr. Bird stated that when they talk about a 10% reduction, it was his understanding that that is the same reduction as applies to the homeowner who does not pay for all of the water they take in as sewerage because some of that water does not get to the sewer. It's used for various other purposes, like vegetation, irrigation, etc. The City Manager stated that he thinks it is sound to pass this ordinance. It was EPA's understanding that this provision would be in there, according to his information. - 11 - 05/12/81 The City Attorney stated that that was not the way he under- stood it. If there is, in fact, some ratio of use for residential users that doesn't go into the system that is not the same ratio for commer- cial customers, then he thinks it is perfectly justifiable. Mr. Bird moved for adoption of Ordinance No. 17-81 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.d. The City Manager reported that Ordinance No. 26-81, repeal- ing Article II "Bingo and Similar Games" of Chapter 4 "Amusements" of the Code of Ordinances is before Council for consideration on First Reading. The City Manager presented Ordinance No. 26-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ARTICLE II "BINGO AND SIMILAR GAMES" OF CHAPTER 4 "AMUSEMENTS" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Upon question by Mr. Scheifley, Mayor Weekes replied that this is so that condominium facilities can have bingo games without fear of being in violation of the City ordinances. The City Attorney added that it involves a great deal of City time to be reviewing declarations of condominiums, lease agreements, covenants that are recorded and all at the same time when there's a State Statute on the books that provides exactly the same thing. It seems like a complete duplication of effort. Mr. Bird moved for adoption of Ordinance No. 26-81 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. 27-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to including church child care facilities as a conditional use is before Council for consideration on First Reading. This was discussed at the April 21st workshop meeting. The City Manager presented Ordinance No. 27-81: 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 30-5 "R-iAAA, R-iAAA-B, R-1AA, R-1AA-B, R-lA, R-1A-B SINGLE FAMILY DWELLING DISTRICTS" PARAGRAPH (C) (1) "CONDITIONAL USES" TO INCLUDE CHURCH CHILD CARE FACILITIES AS A CONDITIONAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird asked if the word "church" in the ordinance is an all-inclusive term that includes temple, synagogue and other houses of worship. The City Attorney replied, yes. Mr. Bird moved for the adoption of Ordinance No. 27-81 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. Mr. Blair left the Council Chambers for the duration of item 8.f. 8.f. The City Manager reported that Ordinance No. 28-81, repeal- ing Ordinance No. 2-81 and enacting this ordinance relative to annexing a parcel of land located south of Germantown Road, between Congress - 12 - 05/12/81 48S Avenue and the SAL Railroad, subject to LI (Light Industrial) District is before Council for consideration on First Reading. This ordinance is being adopted to correct the legal description in Ordinance No. 2-81, which did not include all of the property that was intended to be an- nexed. This property is presently zoned in the County as CG (General Commercial). Second and FINAL Reading and public hearing will be held at the meeting on June 9th. The City Manager presented Ordinance No. 28-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 2-81 AND ENACTING THIS ANNEXATION ORDINANCE ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED SOUTH OF GERMANTOWN ROAD, BETWEEN CONGRESS AVENUE AND THE SEABOARD AIRLINE RAIL- ROAD, 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. Mr. Bird moved for adoption of Ordinance No. 28-81 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mr. Blair returned to the Council Chambers at this time. 8.~. The City Manager reported that Ordinance No. 29-81 relative to annexing a 5.41 acre parcel of land located at the northwest corner of Barwick Road and the L-32 Canal, subject to R-lA (Single Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as AG (Agricultural). Council, at the February 24th meeting, requested permission from the Palm Beach County Board of Commissioners to rezone the land to be an- nexed. Second and FINAL Reading and public hearing will be held at the meeting on June 9th. The City Manager presented Ordinance No. 29-81: 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 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND THE L-32 CANAL, 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 PRO- VIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 29-81 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.h. The City Manager reported that Ordinance No. 30-81 relative to annexing a 13,362 square foot parcel of land, located on the east side of N.W. 5th Avenue, between N.W. 9th Street and N.W. llth Street, subject to R-1AA (Single Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family). Council, at the April 21st workshop meeting instructed the City Attorney to prepare the ordinance. Second and FINAL Reading and public hearing will be held at the meeting on June 9th. - 13 - 05/12/81 The City Manager presented Ordinance No. 30-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, THE SOUTH 94 FEET OF LOT 1, BLOCK 4, AMENDED PLAT OF LAKE IDA GARDENS ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 23, PAGE 192, SAID LAND BEING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND IS LOCATED ON THE EAST SIDE OF N.W. 5TH AVENUE, BETWEEN N.W. 9TH STREET AND N.W. llTH STREET, 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. Mr. Bird moved for the adoption of Ordinance No. 30-81 on First Reading, 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. 8.i. The City Manager reported that Ordinance No. 32-81 relative to annexing a 10,636 square foot parcel of land, located on the east side of N.W. 5th Avenue, between N.W. 7th Street and N.W. 9th Street, subject to R-1AA (Single Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family). Since this request is in con- formance with the City's Land Use Plan, it is recommended that the ordi- nance be adopted. Second and FINAL Reading and public hearing will be held at the June 9th meeting. The City Manager presented Ordinance No. 32-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 12, LAKE IDA MANOR, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 23, PAGE 138; SAID LAND BEING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, 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 Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 32-81 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. - Mayor Weekes declared the meeting adjourned at 9:08 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 May 12, 1981, which minutes were for- mally approved and adopted by the City Council one, ~, ~f ,~-~. City Clerk - 14 - 05/12/81 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. - 15 - 05/12/81 MEMORANDUM TO: City Council FROM: Council Member Charlotte G. Durante SUBJECT: SEWAGE TREATmeNT PLANT ODORS DATE: May 12, 1981 A meeting was held at 4:00 p.m., Monday, May llth at the office of Mr. Bernie Glassman, Pines of Delray North to discuss the problem of odor from the Sewage Treatment Plant and measures to control and abate the odor. This meeting was called by the rep- resentatives of the Pines North to which Mayor Weekes, Council Member Bird and I were invited. Several issues concerning the plant, its odor and operation were presented by the Pines representatives and discussed during the meeting. During the discussion, a list of recommendations were formulated by Pines North representatives and accepted by the City Council Members present for formal consideration by the City Council. The Pines North is on our agenda tonight to diScuss the odor situ- ation of the plant. I understand Mr. Nathanson will be the spokes- person for the Pines group tonight. He also made the opening pre- sentation for the group at the Monday meeting. For our benefit for tonight's discussion of this issue, I am mak- ing a summary list of these recommendations. These items to which the representatives of the Pines would like a formal commitment from the City Council at tonight's meeting for immediate solutions are: 1. As the odor problem generally seems to be more prevalent on weekends,.check frequency of weekend hauling of sludge and increase as needed to reduce the amount held in sludge tanks. 2. Additional trained personnel at the plant as needed to abate odor problem and keep it abated. 3. Authorize City Administration, who is operator of the plant facility, to bring in a consultant and/or private contractor to effect a speedy solution to any current plant operation problems as it relates to odor abatement which the City may not have or know of remedy for. Memorandum: Sewage Treatment Plant Odors May 12, 1981 ° Page Two 4. ~ Council to review operating procedures for the plant. Request the Sewer Board .to review plans for the Sew- er Plant expansion and consider the possibility of expanding the facility northward. (Upon proofing this memo with Mr. Nathanson today he said the residents of the Pines have requested that "north- ward" be changed to "elsewhere".) 6. It was also the general consensus that regular commu- nications about the odor from the plant between the City and the representatives of the Pines North be continued. Another round table gathering of the Same representatives is to be held in a month for a progress report and update on the odor issue. CHARLOTTE G. DURANTE CGD:sk cc: Mr. Nathanson Mrs. Gold Mr. Soloway