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05-26-81 MAY 26, 1981 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, May 26, 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 Blanchard Romaine, First Presbyterian Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mrs. Durante moved for approval of the minutes of the regu- la----r meeting of May 12, 1981 and the special meeting of May 6, 1981, seconded by Mr. Blair. Said motion passed unanimously. 4.a.1. Mr. Blair stated that on page 10 of this week's Monday Paper was an article entitled "Councilman practices what he preaches". It says that last Tuesday night he (Mr. Blair) introduced an ordinance which permits personal property, which he owns, to be annexed into the City. Mr. Blair clarified that everyone that was here last week knows that he did not introduce an ordinance. He filed for this annexation on September 15, 1980 and had received Council approval. An error was found in the legal description of this piece of property so it had to be resubmitted and come before Council again. The Monday Paper is correct in that he favors annexation into the City of County pockets and that he has and will continue to work at getting in as many pockets as possible on a voluntary basis. 4.a.2. Mr. Blair stated that he has put a lot of thought into the height limitation on buildings to three stories; he personally thinks that it is a mistake to make a blanket change of this magnitude without complete input from all the people in the City. He would like to see a select group of people appointed; this committee would make an in depth study along with the Planning & Zoning Board to come back to the Council with a recommendation that is fair and equitable to all concerned. He would support a recommendation from this committee. If this cannot be agreed upon then he feels this item must be voted on by the voters of Delray Beach. He is not able to vote in favor of accepting 3500 signed petitions on their face value. 4.b.1. Mr. Scheifley stated that he has spoken to the City Manager and the Chief Building Official concerning the Building Code in relation to aluminum versus copper wire. He has asked for this to be put on a workshop agenda and he has several questions which he would like to have answered: (1) what does our Building Code require as far as aluminum versus copper wire is concerned; (2) what do the Codes of Boca Raton, Lake Worth and Palm Beach call for in the use of aluminum versus copper wire; (3) what is the danger in having a building partly wired with copper and partly with aluminum with common connections; (4) what is the affect of salt air on aluminum connections. He has reason to believe that there are some potentially dangerous situations in the City which have narrowly avoided fire and conflagration. He thinks it is very important that this be researched and that Council discuss it for the purpose of indicating whether a change in our Building Code and require- ments is indicated. 4.b.2. Mr. Scheifley stated that over the years they have discussed the debris on vacant lots on West Atlantic Avenue. He would like to see the problem attacked. He went out and made a record of the four most flagrant situations in the west side of town, all on the north side of Atlantic Avenue between Swinton and 1-95. The parcels are 545 W. Atlan- tic Avenue, the NW corner of N.W. 7th Avenue, and 1001 thru 1043 West Atlantic Avenue. Only one of the seven owners is a resident of Delray Beach. He requests that the Administration take every step legally possible to eliminate this on a permanent basis and he asks for the sup- port of City Council. He understands that the City Attorney has pre- pared an ordinance on this subject. The City Attorney reported that Ordinance No. 40-81 is a very minor amendment to our existing nuisance abatement provisions and it would give the City administration the necessary legal authority to abate the nuisance and to charge as a lien against the property owner, in the event after notice the property owner did not comply with a re- quest from the City to remove the debris from the lot. This ordinance was prepared in conjunction with a request from Council about three weeks ago. This ordinance is before Council now for consideration on First Reading. The City Attorney presented Ordinance No. 40-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 "HEALTH AND SANI- TATION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 13-12(b), "LANDS TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE", TO ADD THE WORD GARBAGE AND CLARIFYING THE INTENT OF SAID SUBSECTION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 40-81 on First Reading, seconded by Mr. Scheifley. 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. 4.c.1. Mr. Bird stated that, regarding building height, a group of people appeared before them the other day and asked that they accept on face value 3500 signatures and Council agreed to do so. If they have changed their mind from that position, then they have an obligation to that citizenry. He feels, in fairness to all concerned, that they should send it to referendum. Mr. Scheifley stated that he has changed his mind since last Tuesday night. He thinks that they should follow the Charter and go through every step legally. However, he thinks the main advantage in going along with a referendum is so the subject can be thoroughly de- bated and that the various groups who may not agree with the petition have an opportunity to be heard. There should be full public debate and discussion and Council should not act impulsively, as he feels they did last week. Mr. Bird noted that they asked citizens not to correct a defect which occurred in their petition. Mr. Blair and Mr. Scheifley have just discussed referendum. He asked if they are going to accept the petition as it is currently constructed or are they going to ask them now, a week later, to go back and reconstruct it and resubmit it. Mrs. Durante stated that at the last meeting when this was presented to them, even though there was a slight legal defect in the petition, she did hear the Council say that they would accept it on its face value. Since then she has heard that there were some people who signed the petition but didn't really undertand what they were signing. She feels that she has heard the wishes of the people in regard to density and height. Mayor Weekes stated that his position has not changed. He told the public last week that he would accept the signatures on that petition at face value. He feels that if the people who are putting forward the petition can get 3500 signatures, then they could most assuredly carry a referendum; he sees no reason to put the public to the expense of bearing that referendum. He hopes that they can come to some kind of a compromise, at least as far as commercial heights are con- cerned. For the record, he would expect to see Council zone out RM-15 zoning. Mrs. Elizabeth Matthews asked, in regard to a suggestion made by Mr. Scheifley, if, for the referendum which would be held next November, it would be his intention to put a moratorium on this kind of development before that time. She referred to a similar situation in - 2 - 05/26/81 which a moratorium was put on building; there was such a great rush for site plans to be filed and they would hate to see that happen again. Mr. Scheifley stated that he will not give a snap answer; it's something he has to think over. Mrs. Phyllis Plume, Planning & Zoning Board member, stated she knows that some of the people who are proponents of this petition are very well informed on planning and zoning but she feels that 75% of the people who sign that have no idea of the ramifications involved. She asks that they have an informed vote on this; she would be happy to arrange a public forum so that they can try to explain some of the ramifications involved in this. Mr. Alexander Simon, Planning & Zoning Board member, echoed Mrs. Plume's comments and added that they spend a lot of hours not only making sure that all of the proposed developments adhere to the tech- nical requirements of the zoning regulations, but also working out aesthetically pleasing ingress, egress, land coverage, setbacks; a series of items which relate to a new building. He urges that an in- formed public decide on this. Mr. Joseph Bell, Venetian Drive, stated that he is outraged about Council's change from last week. He has seventeen of these sheets and he has called on people for two weeks. Of all the many people he called upon, there were only two people who were concerned about it; everybody else was delighted to sign. In fairness, he doesn't think they should expect him to go back to call on these people all over again. A gentleman from the audience asked if the petitions that have already been signed can be accepted by the proper authorities until noontime tomorrow. Mrs. Matthews stated that they were told that Coun- cil would accept the petition in its present form if they got 3500 signatures. Mayor Weekes replied that he will still go along with that but it is up to the majority of Council. Mrs. Durante stated that she is not opposed to reducing density and height; she supports that. She hopes that they can take some time and go about it in a manner in which, when they do get the lawsuits from property owners, they will have something they can stand on; a basis to justify their rezoning, and changing of height and density. Mr. Bird moved that if the petitioners bring 3500 certifi- able signatures of voters within the City of Delray Beach on the forms that are currently being circulated, admitting that there is a flaw on the forms, that this Council will order a referendum on the subject of height limitations in the City of Delray Beach or take the indicated action themselves. Mrs. Durante asked why they need to have a referendum at all if they are committed to this anyway. She doesn't see the need for the collection of signatures. Mayor Weekes stated that, in his opinion, the need for it is to assure him that there are enough people in the City to sign a petition that would force the referendum. If that is the case, then he's willing to accept the mandate of the people without actually forcing a referendum. Mrs. Durante stated that she still thinks that they can achieve the same thing by rezoning. Mr. Blair stated that he still thinks that they should select a committee that would come up with a proposal that would satisfy everybody. Mr. Bird restated his motion as follows: Mr. Bird moved that if the petitioners bring forth 3500 certifiable signatures on the form they are currently circulating that this Council would go to referendum on the subject as stated in the form, seconded by Mr. Scheifley. Upon question by Mr. Scheifley, the City Attorney replied that the City Council has independent authority to call a referendum election. There are two different processes; one is the initiative process and the other is the referendum process. Mr. Bird's motion, as - 3 - 05/26/81 he understands it, is that the signatures be from registered voters of the City of Delray Beach, not necessarily that the petition and the framing of the question is exactly as it should be under the initiative section of our Charter. Mrs. Durante stated that she does not need a referendum from the citizens in order for them to express to her what they want to see in terms of reduced height and density in this City. Mr. Bird amended his motion to state by referendum or by action of this Council, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - No; Mr. Bird - Yes; Mayor Weekes - No. Said motion passed with a 3 to 2 vote. Before roll call, Mr. Scheifley stated that he will second the motion, the reason being that it will provide that time period for forum and public debate prior to any specific action. At this point the roll was called to the motion. Mr. Bird stated that he thinks it would be appropriate at this time to outline the time frame of this action. There is speci- ficity within the Charter with regard to how long you get to circulate petitions and how long after that the Council takes action. He sug- gested that the Charter provisions prevail as if this were a legitimate referendum item. The City Attorney stated that he doesn't think they can do that unless the Charter provisions are actually met. Mr. Bird stated that, at this point in time, the petitioners have no assurance that this Council need ever take any action again. He doesn't want to go through this again. Mr. Bird moved that the petitioners be limited to 60 days from the time they filed initially with the City Clerk's office and upon presentment to the City Clerk and certification of the signatures, and that this body would then have 60 days to review and take action, the time frame as currently prescribed in the Charter, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, the City Attorney stated that this motion is done with the intention and the knowledge that the motion is not going to be legally binding on the Council any more than the first motion was. The City Council is not going to be required to accept that petition as an initiative petition of the City Charter and even though the Council is willing to do that voluntarily, it's doing so by it's own independent legal authority as opposed to triggering the provisions of the Charter for initiative. Upon a question from the audience, Mr. Bird stated that the 60 days begins starting at the time the City Clerk certifies the 3500 signatures. At this point the roll was called to the motion. 4.d.1. Mrs. Durante introduced Resolution No. 40-81 giving public recognition to the achievements of Dr. Clayton Coleman. The City Manager presented Resolution No. 40-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO GIVE PUBLIC RECOGNITION TO THE ACHIEVEMENTS OF DR. CLAYTON COLEMAN. (Copy of Resolution No. 40-81 is on file in the official Resolution Book) Mayor Weekes read the resolution. Mrs. Durante moved for the passage of Resolution No. 40-81, seconded by Mr. Scheifley. 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. - 4 - 05/26/81 Mayor Weekes presented Dr. Coleman with a plaque and read the inscription as follows: "To Dr. Clayton Coleman in recognition and appreciation for the many years of dedicated service to the community as an educator in the Palm Beach County public school system 1937-1981. City of Delray Beach, Florida." Dr. Coleman was present to accept the plaque. 4.d.2. Mrs. Durante introduced Resolution No. 45-81 giving public recognition to Bobby Butler for his outstanding athletic achievements. The City Manager presented Resolution No. 45-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING BOBBY BUTLER FOR HIS OUTSTAND- ING ATHLETIC ACHIEVEMENTS AND CONGRATULATING HIM FOR HIS RECENT SELECTION IN THE FIRST ROUND OF THE NFL DRAFT BY THE ATLANTA FALCONS. (Copy of Resolution No. 45-81 is on file in the official Resolution Book) Mrs. Durante advised that Bobby Butler could not be present tonight but his father, Reverend Richard Butler, is present. Reverend Butler came forward for the presentation. Mayor Weekes read the resolution. Mrs. Durante moved for the passage of Resolution No. 45-81, 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. 4.e.1. Mayor Weekes stated that the Veterans of Foreign Wars and the American Legion Post have decided to observe Memorial Day on May 30th, which some believe to be its proper day. They will have the ceremonies at that time and they have invited Council to attend. He will be out of town and Mr. Bird has agreed to represent the Council in an official capacity. Any member of Council or the public is invited to attend; the ceremony is at 9:00 A.M. at the Delray Beach Cemetery. There will then be a parade from Atlantic Avenue and N.W. 1st Avenue to the City park. 4.e.2. Mayor Weekes presented a proclamation proclaiming the week of June 7-13, 1981 as "Safe Boating Week". 5.a. Mr. John Donovan, 1515 Gallinule Drive, discussed the hours for watering. Sunset to sunrise doesn't mean anything. They need specificity as to what the hours are. He requested that hours be set accordingly and that any citations that have been given improperly up until now be cancelled. The hours should be widely publicized. The City Manager agreed to issue a bulletin tomorrow stating what the hours are. 6.a.1. The City Manager reported that the City, for the last few years has participated in the Urban League's summer youth work program. It is that time of year again and he recommends that Council again ap- prove the City's entering into an agreement with the Palm Beach County Urban League for participation in the program for the coming year. Upon question by Mr. Bird, the City Manager replied that there is no cost. Mr. Bird moved to authorize the administration to partici- pate in the Urban League's summer youth work program, seconded by Mr. Blair. Said motion passed unanimously. 6.a.2. The City Manager reported that this item concerns the ordi- nance recently passed with regard to timesharing construction and con- version. The Berkshire, formerly Talbot House, has two segments. The southern segment has 28 units that are now in place - there is no ques- tion concerning those. There is a question concerning the 20 unit new - 5 - 05/26/81 building that is to be constructed to the north of the existing 28 units to replace the building that has been there for some time. An appli- cation was made to the Building Inspection Department for a construction permit between the time of passage of the ordinance on First Reading and Second Reading. The City Attorney stated that the question is whether or not they can apply an ordinance before it becomes effective. There have been some cases that have permitted the application of an ordinance to a pending building application even though the ordinance was not in ef- fect. There also have been cases that have gone the other way; the state of the law on that point is unclear. It was the consensus of Council that the Berkshire is en- titled to a construction permit. 6.b. CONSENT AGENDA The City Manager reported that, at the suggestion of the City Attorney with whom he concurs, items 6.b.(1) and 6.b.(2) should be removed from the Consent Agenda and not be considered at tonight's meeting. The City Attorney added that in regard to item 6.b.(7), there is a condition of the Engineering Department requiring an agree- ment. Mr. Bird requested that they pull items 6.b.(7) and 6.b.(16) from the Consent Agenda to be considered separately. The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (3) The City is in receipt of an application from John F. and Martha V. Andes for City water and sewer service to serve Lot 2, Block 3, Franwood Pines -- 14440 Franwood Place, which is outside the City. This is a single family residence east of Military Trail. 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) Reverend L.S. Phillip has requested a permit to erect a tent at the corner of N.W. 10th Street and llth Avenue for the purpose of conducting a Gospel Tent Revival from June 12th to July 3rd. This revival has the approval of the Ministerial Association. In addition, Rev. Phillip has submitted a letter from Mr. Harry Hagwood, owner of the property on which the tent is to be erected, giving his permission, as well as a certificate stating that the tent has been flame retardant treated. All City requirements having been met, approval is recom- mended. (5.) The Planning and Zoning Board, at a meeting held on May 18th, recommended by unanimous vote that Pelican Harbor Shoppes, located at the northeast corner of U.S. #1 and Tropic Isle Drive be rezoned to SAD (Special Activities) District and that the conditional use and site and development plan to allow a shopping center be approved subject to: (1) City Engineer's memorandum of April 30, 1981. (2) Director of Public Utilities' memorandum of April 22, 1981. (3) City Manager's memorandum of May 11, 1981. (4) Allowing only those uses as described on the attached list to locate in the development. (5) That the median on Tropic Isle Drive be cut back to allow for a left turn lane into the site. (6) That the finish on the 6 foot masonry wall be the same as the finish on the buildings, and that greenery, such as a vine, be put on the wall to conform to the Landscape Ordinance. - 6 - 05/26/81 (7) A time limitation of 12 months be set for development of the project. It is recommended that the City Attorney be instructed to prepare the ordinance effecting the rezoning. (6) The Planning and Zoning Board at a meeting held on May 18th, recommended by unanimous vote that the conditional use, site and development plan for Shoppes of Rainberry, located at the southeast corner of Lake Ida Road and Congress Avenue be approved subject to: (1) City Engineer's memorandum of April 30, 1981. (2) Director of Public Utilities' memorandum of April 22, 1981. (3) City Manager's memorandum of May 11, 1981. (4) A time limitation of 18 months be set for development of the project. Approval is recommended. (8) Resolution No. 37-81 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RS (Residential Single Family)(County) to RM-10 (Multiple Family Dwelling) District (City), located on the east and west sides of Frede- rick Boulevard, between Avenue "I" and Avenue "J" in Blocks 28 and 34 of Del Raton Park Subdivision, is before Council for consideration. Ap- proval is recommended. The caption of Resolution No. 37-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS (RESIDENTIAL SINGLE FAMILY) TO THE CITY'S ZONING CLASSI- FICATION RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 37-81 is on file in the official Resolution Book) (.9) Resolution No. 38-81 relative to ratifying and con- firming contract negotiations to award a contract for the purchase of a Cushman Turf Truckster, Aerator and Top Dresser for the Delray Beach Country Club is before Council for consideration. DeBra Enterprises, Inc., is the only company that has the desired equipment at a relatively low cost that will adequately do the job. Authorization to negotiate this purchase was given by Council at a prior meeting. It is recom- mended that the contract be awarded to DeBra Enterprises, Inc., in the amount of $10,400 by passage of Resolution No. 38-81, with funding to come from the Delray Beach Country Club Reserve for Renewal and Replace- ment Fund. The caption of Resolution No. 38-81 is as follows: 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 CUSHMAN TURF TRUCKSTER, AERATOR AND TOP DRESSER FOR THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 38-81 is on file in the official Resolution Book) (I0) Resolution No. 39-81 requesting permission from the Palm Beach County Board of Commissioners to annex that portion of a 16 foot alley bounding Lots 1, 2 and the west ½ of Lots 10 and 11, Block 4, Sophia Frey Subdivision is before Council for consideration. The City has received a request from Eighth Street Market, Inc. (Joseph Gwynn, applicant) to annex Lots 1, 2 and the west ½ of Lots 10 and 11, Block 4, - 7 - 05/26/81 Sophia Frey Subdivision. When the annexation has been accomplished for the portion of the 16 foot alley, the property owner would then petition the City to abandon the aforementioned alley to consolidate the parcels. Palm Beach County is the owner of the alley and Florida Statutes 171.044 requires the permission of a property owner for voluntary annexation. This was discussed at the May 5th workshop meeting. Approval is recom- mended. The caption of Resolution No. 39-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.044 TO ANNEX LANDS INTO THE MUNICIPAL LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 39-81 is on file in the official Resolution Book) (11) It is recommended that Resolution No. 41-81 be adopted authorizing the purchase of a Leco Heavy Duty Cold Aeresol fogging machine to be used on a City truck, at a purchase price of $4,050.00 with funding to come from Federal Revenue Sharing funds provided in the Parks Division in the 1980-81 Budget. The caption of Resolution No. 41-81 is as follows: 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 LECO HEAVY DUTY COLD AEROSOL FOGGING MACHINE. (Copy of Resolution No. 41-81 is on file in the official Resolution Book) (12) Resolution No. 42-81, vacating and abandoning a portion of the northerly two (2) feet of an existing twenty (20) foot wide sewer and water easement at Harbourside Condominium located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street, is before Council for consideration. Council, at the May 12th meeting, instructed the City Attorney to prepare the resolution. Approval is recommended. The caption of Resolution No. 42-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE NORTHERLY TWO (2) FEET OF AN EXISTING TWENTY (20) FOOT WIDE SEWER AND WATER EASEMENT AT HARBOURSIDE CONDOMINIUM LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 42-81 is on file in the official Resolution Book) (13) The following bids have been received for the construc- tion of Fire Station No. 4 at the northeast corner of Lake Ida Road and Barwick Road: James Bushouse & Associates, Inc. $208,595.00 Sipala Construction 221,763.00 Robert J. Ackerman, Inc. 244,260.00 J.P. Strode Associates, Inc. 244,756.00 Carousel Development Inc. 249,165.00 It is recommended that Resolution No. 44-81 be adopted awarding the con- tract for construction of Fire Station No. 4 to the low bidder, James Bushouse & Associates, Inc. - 8 - 05/26/81 The caption of Resolution No. 44-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR FIRE STATION NO. 4 LOCATED AT THE NORTHEAST CORNER OF LAKE IDA ROAD AND BARWICK ROAD. (Copy of Resolution No. 44-81 is on file in the official Resolution Book) (14) Plans were presented by the architect for the public works complex for Council's review at the May 19th workshop meeting. It is recommended that Council authorize the securing of bids for construc- tion of the public works complex in accordance with the architect's plans. (15) As discussed at workshop on May 19th, it is recommended that Council authorize an expenditure of up to $1,500 from the General Fund Contingency Account for renovation of the athletic field at Atlan- tic High School. (17) The Planning & Zoning Board at a meeting held on May 18th, recommended by unanimous vote that the conditional use to allow "adult education classes" in the SAD (Special Activities District) in the Sherwood Park Plaza, located at the southeast corner of Congress Avenue and Lowson Boulevard, be approved provided the use is limited to 1,625 sq. ft. in area. Approval is recommended. (18) It is recommended that Council approve the Boca Raton/ Delray Beach Fire Department Mutual Aid Agreement discussed at workshop on February 17, 1981. Mr. Bird moved for approval of the Consent Agenda with the exception of items 1, 2, 7 and 16, seconded by Mr. Scheifley. Said motion passed unanimously. REGULAR AGENDA 6.b.(7) The City Manager reported that the Planning and Zoning Board, at a meeting held on May 18th, recommended by unanimous vote that the final plat for Lakeside, located west of Dover Road, between Linton Boulevard and Sherwood Boulevard, be approved subject to: (1) City Engineer's memorandum of May 18, 1981, (2) Director of Public Utilities' memorandum of May 6, 1981, (3) City Manager's memorandum of May 11, 1981, (4) That the sidewalk requirement be waived, and a pedes- trian/bikepath be constructed instead, (5) That. the developer pay 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 recrea- tion land. Approval is recommended. The City Attorney showed the representative of Lakeside a copy of the City Engineer's memorandum. The City Attorney advised that there were two agreements referred to in that memo; items (1) and (3). The applicant has explained to him that they have no problem with that coming before the issuance of building permits. They would like to address Council on one of the conditions which was the attachment of the City Manager's memo of May 11, 1981 on sewer capacity. The representa- tive stated that they already appeared before City Council with Mr. Walker. The memo was attached as a general condition but he would like to have it taken off. - 9 - 05/26/81 Mr. Bird moved for the approval of Lakeside subject to all the conditions except for the May 11, 1981 memorandum from the City Manager, seconded by Mr. Blair. Said motion passed unanimously. 6.b.(16) The City Manager reported that as discussed at the workshop meeting on May 19th, it is recommended that Council authorize the re- taining of May, Zima and Company for the purpose of conducting a water and sewer rate study in accordance with the proposal submitted by that firm on May 11, 1981. Mr. Bird moved for approval, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call, Mr. Bird asked if they are proposing to take into account and enunciate a schedule of replacement for their system which is getting rather aged in some sections of the City. A representative of May, Zima and Co. replied that one of the first things they will have to do is to meet with the City's engi- neers and look forward as to significant capital replacements in order to anticipate costs. At this point the roll was called to the motion. 6.c. The City Manager reported that Council is to consider ap- proval of Fourth of July celebration as set forth in Parks and Recrea- tion correspondence and as discussed at workshop on May 19th. Mr. Scheifley moved to approve the Fourth of July celebra- tion as outlined to them in workshop, seconded by Mr. Blair. Said motion passed unanimously. 7.a. Mayor Weekes acknowledged the minutes of the Beautification Committee meeting of May 6, 1981 and noted that he did have a communica- tion from the Beautification Committee expressing their unanimous con- cern regarding the removal of trees on Atlantic Avenue, just east of Swinton Avenue, in order to provide parking spaces. He understands that that issue has been resolved and the trees will not be removed. The spaces will be provided in some other fashion. He also stated that he will have a formal communication sent to the Beautification Committee advising them of this. 8.a. The City Manager reported that the following quotations have been received to sell the City a 1250 G.P.M. pumper for the Fire Depart- ment: Bidder Quotation W.Q. Dowling Fire Equipment $92,341.00 ~mergency One Keystone Heights, FL American LaFrance, Inc. 96,859 Elmira, NY (4 items do not meet specs) Fire and Rescue Apparatus (Bid A) 75,500 Quality Manufacturing, Inc. (14 items do not meet specs) Coral Springs, FL (Bid B) 78,595 (9 items do not meet specs) It is recommended that the purchase award be made to W.Q. Dowling Fire Equipment Emergency One in the amount of $92,341, the only bid which meets all City specifications, with financing to come from the General Obligation Bonds, Series 1980, by adoption of Resolution No. 43-81. Purchase of the fire pumper has been delayed by Council on the request of Council Member Bird since it was on the agenda the first time on October 28, 1980. This matter has been discussed on several occasions since that date. MICA, by communication dated May 8, 1981 concurs with the original recommendation of the administration. It is therefore recommended that Resolution No. 43-81 authorizing purchase of the pumper be approved by Council. - 10 - 05/26/81 The City Manager presented Resolution No. 43-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF A 1250 G.P.M. PUMPER FOR THE FIRE DEPARTMENT. (Copy of Resolution No. 43-81 is on file in the official Resolution Book) Mrs. Durante moved for the passage of Resolution No. 43-81, seconded by Mr. Scheifley. 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. Before roll call, Mr. Bird stated that he read the staff memorandum from MICA to the City Manager. It is unclear to him how they moved from a fire rating of 5 up to a fire rating of 4 without the pumper. If they need the fire flow, how did they get an increase in rating. If they are going to get a new pumper why are they going to maintain the old one. Upon question by Mayor Weekes, Mr. Bird replied that they should at least put the old pumper into a non-operational capacity and not spend a lot of money on it from this point on. Mayor Weekes stated that that is a valid concern; he doesn't think they can even get parts for it anymore. At this point the roll was called to the motion. 8.b. The City Manager reported that Ordinance No. 17-81, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to sewerage charge for a commercial or non-residential unit is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 12th meeting. Prior to con- sideration 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. 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. (Copy of Ordinance No. 17-81 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 the adoption of Ordinance No. 17-81 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. 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 con- sideration 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. The City Manager presented Ordinance No. 24-81: - 11 - 05/26/81 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. (Copy of Ordinance No. 24-81 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 the adoption of Ordinance No. 24-81 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.d. The City Manager reported that Ordinance No. 26-81, amending Chapter 4 "Amusements" of the Code of Ordinances by repealing Article II "Bingo and Similar Games" is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 12th 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. 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. (Copy of Ordinance No. 26-81 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 the adoption of Ordinance No. 26-81 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.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 Second and FINAL Reading. This ordinance was passed on First Reading at the May 12th meeting. Prior to consideration of pas- sage 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. 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. - 12 - 05/26/81 (Copy of Ordinance No. 27-81 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 the adoption of Ordinance No. 27-81 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.f. The City Manager reported that Ordinance No. 23-81, amending Chapter 12 "Garbage and Trash", Sec. 12-2(b) of the Code of Ordinances of the City of Delray Beach relative to fines to be levied for viola- tions for illegal dumping at the City transfer plant is before Council for consideration on First Reading. This ordinance was tabled at the April 14th meeting and was discussed at the May 19th workshop. The City Manager presented 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. Bird moved for the adoption of Ordinance No. 23-81 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.~. The City Manager reported that Ordinance No. 33-81 relative to annexing a parcel of land located on the north side of N.E. 8th Street, between N.E. 8th Avenue and N.E. 9th Avenue subject to GC (Gene- ral Commercial) District is before Council for consideration on First Reading. This property is presently zoned in the County as CG (General Commercial). Council, at the May 5th workshop meeting, instructed the City Attorney to prepare the ordinance effecting the annexation. Second and FINAL Reading and public hearing will be held at the meeting on June 23, 1981. The City Manager presented Ordinance No. 33-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 1, LESS THE SOUTH 8 FEET, AND ALL OF LOT 2, AND THE WEST HALF OF LOT 10, LESS THE SOUTH 10 FEET, AND THE WEST HALF OF LOT 11, BLOCK 4, SOPHIA FREY SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 4, PAGE 37, SAID LAND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND IS LOCATED ON THE NORTH SIDE OF N.E. 8TH STREET, BETWEEN N.E. 8TH AVENUE AND N.E. 9TH AVENUE, 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. - 13 - 05/26/81 Mrs. Durante moved for the adoption of Ordinance No. 33-81 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. 35-81, amending Ordinance No. 39-80 relative to changing the City's Land Use designation in the Comprehensive Plan for a parcel located west of High Point and fronting on Atlantic Avenue in Section 13, Township 46 South, Range 42 East from SF (Single Family) to MF-6 (Multiple Family 6 Units per Acre) and rezoning the property from R-1AA (Single Family Dwelling) District to RM-6 (Multiple Family Dwelling) District is before Council for con- sideration on First Reading. This ordinance is brought to the agenda at the request of the City Attorney. The City Manager presented Ordinance No. 35-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 39-80 AND REZONING THE LAND DESCRIBED IN ORDINANCE 39-80 WHICH IS LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST FROM R1AA (SINGLE FAMILY DISTRICT) TO RM-6 (MULTIPLE FAMILY DWELL- ING DISTRICT) AND AMENDING THE LAND USE PLAN OF THE COMPREHENSIVE PLAN BY CHANGING THE DESIGNATION FOR THIS PROPERTY FROM SF (SINGLE FAMILY) TO MF-6 (MULTIPLE FAMILY 6 UNITS PER ACRE); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 35-81 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. 36-81, amending Chapter 15 "Licenses" of the Code of Ordinances to substitute the Chief Building Official or his designee for the City Clerk for purposes of receipt of affidavits, and registrations and issuance of permits rela- tive to farmers or growers offering products for sale is before Council for consideration on First Reading. The City Manager presented Ordinance No. 36-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, "LICENSES", BY AMENDING SECTION 15-8, "FARMERS GROWING AND MANUFACTURING OWN PRODUCTS EXEMPT", TO SUBSTITUTE THE CHIEF BUILDING OFFICIAL OR HIS DESIGNEE FOR THE CITY CLERK FOR PURPOSES OF RECIPT OF AFFIDAVITS, AND REGISTRATION AND ISSUANCE OF PERMITS; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 36-81 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. Before roll call, Mr. Bird asked for an explanation of this ordinance. The City Attorney explained that his office was requested by the City Clerk's office to amend this ordinance so that the respon- sibility for it would be lodged in the Chief Building Official. In regard to the need for the ordinance, it relates to a provision in the State Statutes on occupational licenses that these particular types of businesses, farmers and growers, are exempt from occupational licenses. At this point the roll was called to the motion. - 14 - 05/26/81 8.j. The City Manager reported that Ordinance No. 37-81 amending Chapter 28 "Vehicles for Hire" of the Code of Ordinances relative to partially deregulating the taxicab business in the City of Delray Beach is before Council for consideration on First Reading. This was dis- cussed at the April 21st Council workshop meeting. The City Manager presented Ordinance No. 37-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 28, "VEHICLES FOR HIRE", BY AMENDING SECTION 28-1, "RATES CHARGED PASSENGERS" AND BY REPEALING ALL OF ARTICLE II, "TAXICAB CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY", TO REMOVE ALL PROVI- SIONS PERTAINING TO AND/OR REQUIRING VEHICLES FOR HIRE TO OBTAIN CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, AND TO REPEAL PROVISIONS CONCERNING SUCH CERTIFICATES TRANSFER, SUSPENSION AND REVOCATION; AND BY REPEALING SECTION 28-4, "INSPECTION OF VEHICLES", TO REMOVE THE PROVISIONS CONCERNING CITY INSPECTIONS OF VEHICLES TRANS- PORTING PASSENGERS FOR COMPENSATION; 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. 37-81 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.k. The City Manager reported that Ordinance No. 38-81, repeal- ing Article IV "Financial Advisory Board" of Chapter 2 "Administration" of the Code of Ordinances is before Council for consideration on First Reading. This was discussed at the May 19th workshop meeting. The City Manager presented Ordinance No. 38-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE IV "FINANCIAL ADVISORY BOARD" WHICH CONSISTS OF SECTIONS 2-69 THROUGH 2-79; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 38-81 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - No; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Bird stated that they have a Board which has, during its lifetime, been made up of some very distinguished people in the financial field. They have brought to the City studies which have been accepted and acted upon by this Council and implemented to good effect. Mr. Bird pointed out the accomplishments of the Board. The biggest mistake they could make, in these rather difficult financial times, would be to do away with any assistance they can get, particularly the expert assistance of the Financial Advisory Board. Mr. Bird moved to table this item. Said motion died for lack of a second. Mr. Willard Young stated that he has spent four years on the Financial Advisory Board and two years as a Council member; therefore he feels he has an understanding of what goes on. If this Council elects to eliminate the Financial Advisory Board, they are eliminating a group of people who have a greater expertise in the financial matters of this City than the majority of Council. He thinks it would be a serious mis- take to eliminate the advantage that the Financial Advisory Board can offer to this Council in financial matters. - 15 - 05/26/81 At this point the roll was called to the motion. 8.1. The City Manager reported that the City Attorney's office was instructed by City Council to draft an ordinance prohibiting certain types of music being played outside of a building. Ordinance No. 39-81 is before Council for consideration on First Reading. The City Manager presented Ordinance No. 39-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFENSES-MISCELLA- NEOUS'', ARTICLE II "NOISE CONTROL", SECTION 16-35 "NOISES PROHIBITED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 26-35(b)(1) TO PROVIDE THAT WITH RESPECT TO THE OUTDOOR PLAYING OF A PHONOGRAPH, DRUM, MUSICAL INSTRUMENT, SOUND AMPLIFIER, OR SIMILAR DEVICE, THE PROVISIONS OF NEW SUBSECTION 16-35(b) (19) SHALL APPLY; AMENDING SECTION 16-35(b)(2) TO PROVIDE THAT ITS TERMS DO NOT EXTEND TO USES COVERED BY NEW SECTION 16-35(b)(19); ENACTING SECTION 16-35(b)(19) TO PROHIBIT THE OUTDOOR PLAYING OF MUSICAL INSTRUMENTS, DRUMS, PHONOGRAPHS, SOUND AMPLIFIERS, AND SIMILAR DE- VICES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Attorney advised that a corrected ordinance has been provided to Council. Mr. Bird moved for the adoption of Ordinance No. 39-81 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. Before roll call, Mr. Scheifley asked if the source of the music is covered by this ordinance. The City Attorney replied, yes. It's covered from the standpoint that the outside playing of musical instruments using amplification equipment is prohibited. He doesn't think it would make much difference whether the source is on the inside or the outside. Mr. Simon asked if there are exceptions. Mr. Bird replied that there are permitted exceptions by the City Manager. At this point the roll was called to the motion. 9. Mayor Weekes advised that there is a softball game between the Council and the Administration on June 4th at 6:00 P.M. in Miller Park. Mayor Weekes declared the meeting adjourned at 8:50 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 May 26, 1981, which minutes were for- mally approved and adopted by the City Council on ~ ~ ~ F~/ · 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. - 16 - 05/26/81