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06-09-81 r', 1 o, June 9, 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, June 9, 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 Roy Forward, First Christian Missionary Alliance. 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 May 26, 1981 and special meeting of May 29, 1981, seconded by Mr. ~lair. Said motion passed unanimously. 4.a.1. Mr. Bird moved that the firm of Russell and Axon be con- tacted and authorized to conduct the preliminary infiltration study into the sewer system in Delray Beach, for the purpose of identifying areas where any significant infiltration may be occurring, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - No; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: The City Manager stated the Administration has not given any consideration, study or thought and have no recommendation that an engineering firm be retained at this time to make an infiltration study of the sewerage system of the City of Delray Beach. He did not think such a study would be advisable at this time. The City Manager added that he realizes that some people are assuming that Delray Beach has great infiltration into our sewerage collection system, based on the fact that the sewerage flow from Delray into the sewerage treatment plant is greater than the flow from Boynton Beach. The two cities are approximately the same size. On the face of it you might think that the sewerage flows would be, if not identical, certainly similar. Conclusions are being jumped to that the differential must be made up by infiltration into our system, possibly some of it is; it is also possible that Boynton Beach has some infiltration into their system. Delray Beach had an infiltration study made by the firm of Russell and Axon in 1974-1975, and at that time there was a conclusion of that study that 3/4 of a million gallons a day was infiltrating into our system. Delray Beach then corrected that with City forces. Infil- tration is an on going thing, the City's Utilities Department estimated that we are having 270 to 300 thousand gallons a day infiltration into our sewerage collection system. The Utilities Department has a staff of full time employees doing nothing except checking for infiltration and making corrections wherever they can of a minor nature. The lift sta- tions are equipped with clocks that record the time of flow of each lift station and one of the primary purposes of that is to determine the ad- ditional time that the pumps run to pump out the flow that has infil- trated into the system. It has been established that day after day Delray Beach pumps much more water than Boynton Beach ranging up to 40% to 50% and that water finds its way into the sewerage collection system. Possibly, the answer is due to the larger quantities of water that Delray Beach pumps, and not necessarily infiltration. The Utilities Department estimates to correct the problem by August of this year but it usually takes longer; therefore, he is thinking within about three months. He feels that it is not necessary to hire an engineering firm to study the problem, since our Utilities Department has control of the situation on a daily basis. The administration does not recommend spending the money and time for an infiltration study at this time. Mrs. Durante stated based on the report from the City Ad- ministration that the City is aware of what the problems are as far as infiltration, she would like to wait until they have their recom- mendation on getting a consultant to do the study. Mr. Bird stated that we did authorize a study to be made by Consulting Engineering Firm of Hazen and Sawyer. They gave us three recommendations last week and the third was a recommendation that we conduct infiltration analysis in the City Sewerage System. The City has a temporary moratorium on building permits, and he is not prepared to lift it until we ascertain just where this flow is coming from, so that we can move forward in recognition of the problem. He discussed with Russell and Axon an approximate cost of doing a preliminary infiltration analysis which would be under $5,000 that would be required for com- petitive negotiations; they have the base data from the 1974 study, and they are aware of the population increase since then. Russell & Axon feel they can do the study rather quickly. Therefore, he recommends that the study be authorized and done as expeditiously as possible. Mr. Blair noted that our Planning and Zoning Board has approved 4 thousand permits, and it puts the City in a bind to think we have approved them and now we have cut them off on sewers. He would like to move ahead to determine where we are wasting our gallonage of sewer- age at the plant and move ahead with the study. The City Manager stated that he does not equate one with the other, whether Russell & Axon does it or the City does it makes no dif- ference as far as time or anything else is concerned in the City being able to get a handle on the number of additional connections, if any, we need at the plant or other options the City may exercise to provide sewerage connections. He does not recommend that the sewer connection moratorium be continued. As far as Administration is concerned, the moratorium on connections can be lifted now or at any time. Mr. Scheifley stated the capacity of the plant was 15 mil- lion gallons per day and Boynton and Delray are alloted 7% million gallons. We then authorized Hazen and Sawyer to study the problem and give us an answer to our problem. The report was no answer at all, not only was it inconclusive but worthless. All they did was restate other problems that required study; in fact he feels strongly about the worth- lessness of the report that he does not want to pay for it. Mayor Weekes stated that we have been running tests but still have not determined the cause of the problem. We have high chloride content in our sewerage influent, the BOD level which is, suspended solids is half that of Boynton's. First, our solids level is half that of Boynton's, which would indicate some intrusion; the second thing, we will have to go to Boynton Beach to seek a loan on the ca- pacity, until we can get an addition to the plant. Boynton Beach will not be receptive to that request until we make efforts to find where the problem lies. The amount of money for an outside study is nominal, it will tell us whether or not we need to pursue it further or if we are going in the wrong direction; therefore, he is prepared to spend the money. Mrs. Durante stated that she would like the Council to work out arrangements with the City of Boynton Beach for the purchase of their capacity until we have our problem solved and go with the sug- gestions from the Administration as to what study should be done. She is not prepared to vote on this motion tonight until we have the recom- mendation. At this point the roll was called to the motion: 4.a.2. Mr. Bird moved that the temporary sewer moratorium be lifted, seconded by Mrs. Durante. Before roll call Mayor Weekes questioned putting a time limit on which the construction would have to be implemented and Mr. Bird made the following amendment to the motion. Mr. Bird amended his motion to impose substantial progress toward construction, which would be accomplished within 120 days of pulling a permit to at least include footers, slabs, and preliminary construction, seconded by Mrs. Durante. Said motion passed unanimously. 4.b.1. Mrs. Durante stated that she was the statistician for the 4th Annual Chapin Softball Classic and read a poem concerning the game. - 2 - 6/9/81 Mrs. Durante requested that the poem that she wrote about the game be placed by the trophy at the reception desk in City Hall. 4.b.2. Mrs. Durante, speaking on behalf of Mr. Mike Brody, who could not be here tonight because he is not feeling well, presented this item for Council's consideration. Mr. Brody's concern was over the plight of the residents of the Lake Delray Apartments. Mr. Brody spoke with Mrs. Durante on Monday about an article that he had read in the local newspaper. Rep- resentative Rosenthall plans to introduce a bill to put a two year moratorium on condo conversions and to change the tax laws in such a way to discourage conversion permanently. Mr. Brody asked if Mrs. Durante would present this to the Council, and ask if there was something that the Council could do in support of this measure to try and bring some relief to our citizens in Delray. He also asked if Council could take an action that would pattern this bill to be effective locally here in Delray. Mayor Weekes asked Council if they wanted to pass a re- solution for the Bill, or if they wanted to contact Mr. Mica to get more information. Possibly pass a resolution at the next council meeting in support of it. Mrs. Durante stated that the time frame for Lake Delray citizens problem is immediate. 4.c.1. Mayor Weekes presented a proclamation declaring June 1981, as "Burglary Prevention Month". 5.a.1. Mr. Ellis Rubin and his associate Tom O'Grady appeared before Council to represent Lake Delray Apartment tenants. Mr. Rubin advised that he has uncovered material that he thinks will be very significant in the future of these peoples' lives. Mention was made of a Bill that was introduced to Congress of the U.S. by a congressman from N.Y. asking for a two year moratorium on condominium conversion. Mr. Rubin stated that he joins with the chairman of the Delray Beach Housing Authority in asking Council to consider adopting such a moratorium here and if it is put on the agenda for public hearing he would like to participate. Mr. Rubin stated that the immediate problem is that publicly there is supposed to be a mortgage foreclosure sale on the Court House Steps this coming Monday, June 15, of the property where these four hundred older Americans on a limited income live. We have learned there is going to be a closing tomorrow and it has been scheduled for an attorney's office, for an unknown reason. Mr. Rubin stated that it is encumbant upon him to appeal to this Council and ask for Council's help and endorsement and the good offices of Council's position as elected officials of the City and the citizens. Mr. Rubin further stated that there were three offers pre- sented to Westminister. Two of the offers would have allowed the ten- ants to remain as tenants, with full financing mortgage commitments. One of the commitments would have meant that the tenants would have to vacate because the proposer intends to convert into condominium apart- ments. He is (the proposer) going to deny that tomorrow, he (the pro- poser) has supposedly had a change of heart. Mr. Rubin stated that Mr. O'Grady gained access to an un- published offer. This commitment which still is offered gives West- minister everything that they could want, and would allow the tenants to remain in the complex as tenants subsidized by HUD rental payment. There is 24 million dollars set aside by HUD for this 15 year commit- ment. Full mortgage protection and a commitment from a bank in Chicago, Lincoln First Bank, for a 7% million dollar loan which would have al- lowed these people to remain in the complex. Of the three proposals the Lawyers, Sun Bank, the mortgagor, the bond holders all with their attorneys have decided to accept the proposal that will not allow the tenants to remain as tenants. Mr. Rubin stated the closing will be tomorrow, and it must be prevented. He intends to go into court tomorrow and ask a judge to understand the plight of these people. - 3 - 6/9/81 Mr. Rubin asked if the Council will allow him to confer with the City Attorney in an attempt to persuade him to join in the suit. If Council intervenes any Bond that is required to be put up to those asking for an injunction, it will be millions of dollars, will not be necessary if a municipality is involved in the lawsuit. Mr. Rubin stated that they need the City Council. Media calls indicate that this matter has become a matter of National interest. These people represent older Americans on a fixed income who are thrown out on to the street. Mr. Rubin offered a quasi apology to the group based on inaccurate information that he received to the effect that the City Council would not entertain their appearance here, and would not con- sider a moratorium. Mr. Rubin made this a public statement and advised his clients not to come to Council meeting tonight. The City Attorney commented to Mr. Rubin that City Council is quite concerned about the situation and he has been contacted by Council members on the possibility of imposing a moratorium to give the occupants a longer period of time to remain in their premises. Since being contacted, he has talked to the Assistant City Attorney in Miami Beach, and the Assistant City Attorney in Hollywood, both cities were involved in litigation concerning a city ordinance that established a moratorium on condominium conversion in an attempt to extend the time the tenants could remain in their property to 18 months. The Miami Beach ordinance was held invalid at the Trial Court level. It was taken on appeal to the Third District Court of Appeal. The Third District Court of APPeal held it invalid. Now it is in review at the Supreme Court. The City of Hollywood passed a like ordinance, it was presented to a Trial Court in Broward County and was held invalid; they have appealed it to the Fourth District Court of Appeal. The City of Lauder- hill passed the same ordinance as the City of Hollywood, at a Trial Court level; it was held invalid. It was appealed to the Fourth Dis- trict Court of Appeal and was held invalid. Mr. Rubin asked that he and Mr. Saberson draft an ordinance that would be valid. The City Attorney said that it would be difficult, court decision has preempted that area from City regulation by State Statute. Mayor Weekes asked that the City enter the suit as an in- tervenor, after that the City Attorney would need to report to Council; a special meeting or a workshop would then be held as soon as it is practical to deal with it. Mayor Weekes stated that Council would take whatever action possible, he is sympathetic to the plight of the people. There have been other public bodies sympathetic to similar plights, who have tried to alleviate the problem and have found that their efforts have been held to be invalid. If Council has no objection Mr. Weekes suggested to instruct the City Attorney to hold a conversation with Mr. Rubin and at such time as they have anything that would be of a nature that the Council could work on, a meeting would then be called. Mr. Rubin stated that possibly a City Ordinance at this time would be invalid because we are dealing with private property rights; he thinks that is why these ordinances were declared invalid. However, an intervention tomorrow would not be invalid and time is of the essence of this proposition, because the closing on the complex is set for 3 o'clock tomorrow afternoon. We need to do something before that if we are going to get an injunction, then we need to do so with the help of the City in order to avoid this huge injunction bond. The City Attorney indicated that the City could in fact intervene as a party in the lawsuit or that if we did, that no bond would be required. He knows that there used to be a rule of Appellate Procedure and Practice that a bond was not required and it may be in this type situation that it is also discretionary. In which case Mr. Rubin is quite correct that the amount of the bond would be astrono- mical, and there is several million dollars that would be involved. Therefore, he needs time to look into the situation closely before he interjects the City into the lawsuit. - 4 - 6/9/81 Mrs. Durante reques':ed that Council decide whether or not to have a resolution drawn up for the next meeting, in support of the condominium conversion that is being introduced. There was no objection raised to her request by other Council members. Mayor Weekes requested that Dan Mica be contacted regarding the Bill and then report back to Council on the bill so a resolution could be passed if necessary next Tuesday prior to Workshop. At this point the City Attorney and Mr. Rubin left the meeting to discuss the matter. The meeting was recessed at 7:45 P.M., and reconvened at 7:55 P.M. The City Attorney stated that Mr. Rubin will file a separate lawsuit tomorrow concerning the issue of the closing, and the conversion for the Lake Delray Apartments. Mr. Rubin will request a temporary injunction that will be done on behalf of the residents of the Lake Delray Apartments. The City will not be joining in that petition at that time and the City will investigate the possibility of intervening in the lawsuit, if one is filed and pending at that time after a tem- porary injunction hearing has been held. He will research that question and come back to City Council with a report at a later date. 5.b.1. Kenneth Rubsamen, A.I.A., read two letters into the record regarding the Building Height Petition that was presented to the City Council. (Copies attached). Leonard E. White, member of the Delray Beach Board of Realtors, read a letter concerning the amendment to the ordinance on heights in the City of Delray Beach. (Copy is attached). Joe Martin, Lake Drive, Delray Beach, read a letter on behalf of the Chamber of Commerce of the City of Delray Beach. (Copy is attached). Mr. Jack Pitts, 1109 Beach Drive, presented a petition to limit the height of all buildings in Delray Beach, from a coalition of citizens and noted that registered voters signed the petition at the rate of 1,400 per week expressing themselves in a unanimous vote for a specific height limitation; there is no need to spend the city's money for a referendum. The petition was completed in 24 days, and the number of signatures almost equal the number of registered voters that turned out for the last election. The purpose of this petition, as defined by the committee members of this coalition reads, "this petition seeks to limit the height of future building in Delray Beach, it is not intended to include plans for the Seacrest Hotel, or any other building project which has already gone to public hearing. The Seacrest Hotel plans will be resolved by votes of the Planning and Zoning Board and ultimately the City Council. We do not object to the orderly growth of the City of Delray Beach, we do care about the physical impact of the City and its residents, as well as the ability to provide essential service and the impact of traffic on the vitality of the City in both residential and business areas. Our concern is about the prevention for 12 story build- ings in downtown central business district at such time existing older buildings may be torn down. We are concerned about six story buildings lining the Intracoastal, north of Linton Boulevard Bridge, about people looking out at nearby five story buildings from their low rise homes. The rising concrete wall on the ocean in Highland Beach alarms us that it could happen here. Older buildings will increasingly be razed to make way for new structures, how high will they be, will they destroy our village atmosphere, our quality of life here in Delray Beach. Please explain this thinking to the registered voters who will be asked to sign your petitions". This is all that was told them. Mr. Pitts presented a copy to each member of the Council, a draft from their attorney to change the present zoning ordinances, which includes three stories plus one for underb%ilding parking, four stories in commercial and industrial zoning with a total height of 45 feet and exception being made for special industrial sites that require higher ceilings, still limiting them to four stories but allowing them additional 15 feet in height. Mr. Pitts requested that a moratorium be declared pending City Council's action to modify the City zoning, to conform with the changes they have requested. - 5 - 6/9/81 Mr. Blair commented that he was disappointed that this issue was not studied by a group of local citizens, Planning and Zoning, along with the City Council, to come up with a more favorable height limita- tion. He was also disappointed that more citizens did not come out for or against the height limitation. Upon question by Mr. Scheifley, if Council changes the ordinance with a three story limit, should it also reduce densities to 10 or eight units per acre, Mr. Pitts replied they were favor of that. Mayor Weekes advised that Planning & Zoning has been asked to study the density and give a recommendation. Mr. Bird stated at the Workshop last week a plan was ap- proved for RM-15 three stories only with no underground parking, so ap- parently it can be done. He would submit and make a motion at this time that knowing the number of signatures involved and the people who were involved in the screening of them, that the City not incur the obliga- tion of certifying the signatures. Mr. Bird moved that the previous requirement to certify signatures be rescinded, and accept them on face value seconded by Mr. Blair. Said motion passed unanimously. Mr. PhiliP Campbell suggested that the height requirement be carried into the county pockets. Mr. Bird moved that we refer this to the City Attorney and it be brought back at the earliest possible meeting of this body, and further that the P&Z Board be directed that height limitation will be applicable in concert with this as of this date. After the following discussion Mr. Bird withdrew his motion. Council discussed the effective date for applications that have been filed and it was agreed that the City Attorney would investi- gate the question of a moratorium and if possible prepare an Ordinance declaring a moratorium; that the ordinance would be retroactive to tonight's meeting, as to any applications that are filed and any appli- cations a public hearing has not been held at the Planning and Zoning Board level. Mr. Pitts stated they were not asking for a moratorium on buildings just for the ones wanting to go above that height. Mrs. Durante moved that this Ordinance and the question of a moratorium be referred to the City Attorney's office and in the event a moratorium is possible, Council pursue that with the exception of the Seacrest Hotel and futher investigate and review this ordinance and follow up the moratorium with a permanent ordinance, seconded by Mr. Bird. Said motion passed unanimously. 5.b.2. Helen Rosensweig, 2830 S. W. 15th Street, stated that she represents Delray Beach tax payers and residents that want to go on - record as strongly objecting to $25.00 beach sticker charge, approved by the Council. It is grossly unfair for tax payers who are already foot- ing the bill to be charged the same as non residents for facilities that we are already paying for. She asked that the charge be prorated. 5.b.3. Mar~orie Lipsky, 939 Bollender Drive, stated that she ap- peared at the last workshop meeting and spoke about the permit at the beach. With the new bridge opening the rates at all the parks should be the same. She questioned when the beach would be cleaned with all the funds that are being used. If the permits and meters pay for the main- tenance of the beach, she would go along with it. 6.a.1 The City Manager reported that he attended a luncheon meet- ing of the Men's Golf Association of Palm Beach County, which repre- sented four golf courses. The City of Delray Beach Mens Golf Association won the championship for Palm Beach County. Mr. Tom Nevins, president of the Men's Golf Association, came forward to receive the plaque awarded to the club. - 6 - 6/9/81 6.a.2 The City Manager reported that the~ following quotations have been received for construction of two chain link backstops, and wood fencing at Miller Park, Phase II: BIDDER AMOUNT Southern Fence Co. $15,916.43 Boca Raton, Florida Fence Factory 17,190.00 West Palm Beach, Florida Federal Fence Co., Inc. 25,963.00 It is recommended that the contract be awarded to the low bidder Southern Fence Co., in the amount of $15,916.43 by passage of Resolution No. 47-81. Funding to come from the General Obligation Bond Issue. The City Manager presented Resolution No. 47-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE FURNISHING AND INSTALLATION OF TWO (2) CHAIN LINK FENCE BACKSTOPS AND THE INSTALLATION OF A WOOD FENCE TO ENCLOSE THE ELECTRICAL SYSTEM AND PUMP AT ROBERT P. MILLER PARK, II. (Copy of Resolution No. 47-81 is on file in the official Resolution Book) Mr. Scheifley moved for the adoption of Resolution No. 47-81, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes, Mrs. Durante - Yes; Mr. Blair - Yes; Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.b.3. The City Manager noted that on page 2 of the Preface, item 12, the figure in the first paragraph should be corrected to read, $85,435.00; the last paragraph in item 12, the figure should be cor- rected to read, $105,435.00. 6.b. CONSENT AGENDA The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) As discussed at the June 2nd workshop meeting, it is recommended that Council waive the Board of Adjustment filing fee for the Delray Beach Library with regard to required parking spaces to serve the library expansion. (~) It was decided at workshop on June 2nd that Council would give consideration to the approval of a City-County Agreement for a drainage project to serve Swinton Circle and vicinity. Approval of the agreement is recommended. (3) It is recommended that Council authorize the admin- istration to secure bids or negotiate a contract for reconstruction of Lift Station No. 7. (4) It is recommended that Council authorize a 36 month followup study for beach restoration by Arthur V. Strock & Associates, Inc. in line with the continuing program of monitoring the beach pro- file. The cost quoted by the Strock firm is $21,325. This is a requirement for our beach maintenance project and it has been approved for funding by the Department of Natural Resources on a 75/25% sharing basis with the City's share being 25%. - 7 - 6/9/81 (5) It is recommended tha- Council authorize Arthur V. Strock & Associates, Inc. to prepare plans correcting erosion problems at the Lowson Boulevard Bridge. The cost of the engineering service is $2,800, with the $1,800 to come from budgeted Engineering funds and the balance from General Fund Contingency Account. The City Engineering Department will perform the field inspections and related services. (6__!) The standard Developers Utility Service Agreement has been received from Abbey Delray South-Life Care Retirement Communities for water and sewer service for Abbey Delray South (Phase IIB). A check in the amount of $4,000 has been deposited in the Developers' Fund to cover 40 units at $100 per unit ($62.50 for sewer and $37.50 for water). Council previously approved providing water and sewer ser- vice to this development. It is recommended that Council approve execu- tion of the agreement. This item was skipped over at the May 26th meeting. (7) The standard Developers Utility Service Agreement has been received from Abbey Delray South-Life Care Retirement Communities for water and sewer service for Abbey Delray South (Phase III) Nursing Home. A check in the amount of $7,100 has been deposited in the Developers' Fund to cover 71 units at $100 per unit ($62.50 for sewer and $37.50 for water). Council previously approved providing water and sewer ser- vice to this development. It is recommended that Council approve ex- ecution of the agreement. This item was skipped over at the meeting on May 26th. (8) It is recommended that Council approve installation of a "Solar-Cycle" heat pump water heater at Fire Station No. 4. The cost for the unit is $1,250 less a 20% discount for municipalities parti- cipating in the Florida Innovation Group, making the purchase price $995. It is estimated that the cost will be recovered within 18 months. After that time, the hot water would be free. (9) It is recommended that Council authorise advertising for sale the items submitted by the various departments as surplus. (10) The amendment to the agreement between the City and the Department of Natural Resources has been prepared for Council considera- tion. This amendment provides for the State to increase its share of the Non-Federal construction costs for the recently completed beach nourishment project. Originally DNR agreed to participate up to 55% of the Non-Federal construction costs, and under the amendment, their share has increased to 75%, assuming the City's share amounted to 25% of the cost. The City would be eligible to receive an additional $185,000 from the State based upon their contributions to date. Approval is recom- mended. (11) The City is in receipt of an application from Frank A. and Lisette Mergen for City water and sewer service to serve 597 Linton Boulevard, 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. (12) Council, at the February 10, 1981 meeting, awarded a contract to Hardrives of Delray, Inc. for highway modification and roadway paving for Avenue "L"/Lindell Boulevard and Federal Highway in the amount of $85,435 with funding to come from the developer escrowed $40,000 and from proceeds of the sale of City land. - 8 - 6/9/81 The Department of Transportation has approved a median opening which would serve Keeler, Inc. and the fruit stand. It es- sentially lines up with the southerly median opening to Tropic Isle Drive. Council, at workshop on April 21st, approved the median opening that the change order authorizes. There was a question raised as to the safety of the median opening compared to leaving it closed. In order to insure that the City's design was in the best public interest, a traffic study was authorized. Kimley-Horn and Associates, Inc., consulting engineers, completed the traffic study. Their report endorses the City's findings and concurs with the proposal for the median opening. It is recommended that Council authorize a change order to include this median opening. The estimated increase in the contract price is $20,000 for a total of $105,435. (13) Community Appearance Board Chairman Donald Goodrum has recommended the appointment of Landscape Architect Richard Poore as an alternate member of the Community Appearance Board to a term expiring August 25, 1982. Approval is recommended. (14) The following bids have been received for installation of approximately 300 linear feet of chain link fence to enclose the south end of Miller Park (Phase II): Bidder Quotation Southern Fence Company $2,298.00 Boca Raton A.B.C. Fence Company 2,397.92 Pompano Beach Bill Overton's Budget Fence Co. 3,100.00 West Palm Beach It is recommended that the contract be awarded to the low bidder, Southern Fence Company, in the amount of $2,298 by passage of Resolution No. 46-81 with funding to come from the 1980 General Obliga- tion Bond Issue. The City Manager presented Resolution No. 46-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE INSTALLATION OF APPROXIMATELY 300 LINEAR FEET OF CHAIN LINK FENCE TO ENCLOSE THE SOUTH END OF ROBERT P. MILLER PARK, PHASE II. (Copy of Resolution No. 46-81 is on file in the official Resolution Book) (15) The Planning & Zoning Board at a meeting held on May 26th, recommended by unanimous vote that the conditional use, site and development plan approval for Congress Square Shopping Center, located at the southwest corner of Atlantic Avenue and Congress Avenue be ex- tended for one year to July 9, 1982. Approval is recommended. (16) The Planning & Zoning Board at a meeting held on May 18th, recommended by unanimous vote that the site and development plan for Pelican Maisonettes, located east of U. S. No. 1, between Tropic Isle Drive and Avenue L be appproved, subject to: (a) City Engineer's memorandum of April 30, 1981. (b) Director of Public Utilities' memorandum of April 22, 1981. (c) City Manager's memorandum of May 11, 1981. (d) A time limitation of 18 months be set for development of the project. - 9 - 6/9/81 This was discussed at the June 2nd workshop meeting. ~pproval is recom- mended. (17) The Planning & Zoning Board at a meeting held on May 29th, recommended by unanimous vote that the site and development plan for the 222 Building, located south of Vista Del Mar, between Andrews and A1A be approved, subject to: (a) City Engineer's memorandum of May 22, 1981. (b) Director of Public Utilities' memorandum of May 7, 1981. (c) City Manager's memorandum of May 11, 1981. (d) Chief Building Official's memorandum of May 18, 1981. (e) A time limitation of 12 months be set for development of the project. (f) That the developer pay to the City, a sum of money to - be determined by the proposed "Park and Recreation Land" ordinance, when adopted by City Council. This was discussed at the workshop meeting on June 2nd. Approval is recommended. (18) The Planning & Zoning Board at a meeting held on May 26th, recommended by unanimous vote that the final plat for Atlantic Avenue Veterinary Clinic, located on the south side of Atlantic Avenue, between Congress Avenue and the SAL Railroad be approved, subject to: (a) Director of Public Utilities' memorandum of May 13, 1981. (b) City Manager's memorandum of May 11, 1981. This was discussed at the June 2nd workshop meeting. Ap- proval is recommended. Mr. Bird moved for approval of the Consent Agenda, seconded by Mrs. Durante. Said motion passed unanimously. REGULAR AGENDA 6.c. The City Manager reported that conversation was had at the June 2nd workshop meeting as to the advisability of revising the Delray Beach Country Club resort membership fee. Frank Clark, Pro/Manager Delray Beach Country Club stated that Mr. Ken Ellingsworth was contacted today regarding the resort memberships. Mr. Ellingsworth reported that three of the four resorts who presently hold resort memberships, expressed interest in renewing the membership. Letters were sent to 30 resorts, but no other responses were received. The charges for club membership is $400 for four cards. During December and January there were approximately 20 to 25 players a week. In the heavy months of February and March there was approximately 40 plays a week; in April it dropped to 20 to 25 per week. Mr. Clark was of the opinion that $400 was not adequate, - and recommended that the resorts be charged $800, $200 per card; he would like a limit of 8 cards per resort. The City Manager recommended going back to the original motion of Council and administer that. To enable guests of the resorts in the city to play golf at resident rates, a surcharge of $400 for 4 cards was established by Council, with the limitation of two memberships per resort, that would assure the collection of greens fees and cart fees. Mr. Scheifley stated that the only three resorts that are interested in these cards are the resorts that have gone time sharing and interval ownership. There are 350 on the waiting list to join the club, and the cards are going for $100 each, while members pay $450 to join, the revenue is unnecessary. The time these cards are used is in the middle of the season, special privileges are being given to non- - 10 - 6/9/81 residents, in preference to the people on the waiting list. He would not grant any resort memberships at all, unless they were done with the purpose and intent of the original ones; for legitimate Delray Business that are really resorts. He thinks it is unfair to show preferential treatment to nonresidents. Mrs. Durante stated she would be willing to abandon the resort cards until next year, and review it again then and have the Chamber of Commerce take a poll. Mrs. Durante moved to abolish the Resort Membership, sec- onded by Mr. Scheifley. Said motion passed unanimously. Before roll call Mr. Bird stated the golf course is a mun- icipal golf course, all should participate, the intent is to have a balance that represents the best for the City, residents, and guests. Mrs. Durante stated that she would charge the Chamber of Commerce Directors to see that the Council revisits the resort member- ship issue again. Mr. Scheifley concurred with Mr. Bird that everyone should be treated alike, the only way would be to do away with the resort mem- berships. At this point roll was called to the motion. 8.a. The City Manager reported that Ordinance No. 23-81, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to fines to be levied for violation for illegal dumping at the City trans- fer plant is before Council for consideration on Second and FINAL Read- ing. This ordinance was passed on First Reading at the May 26th 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. 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 CON- VICTIONS AND FOR REVOCATION OF PRIVILEGES OF USING THE CITY'S DISPOSAL AREA FOR THE FOURTH CONVICTION OF FALS- IFYING THE STATEMENT REQUIRED BY SECTION 12-21(a) IN ANY ONE YEAR PERIOD OF TIME; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 23-81 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. Blair left the meeting at 9:00 P.M. Mr. Bird moved for the adoption of Ordinance No. 23-81 on Second and FINAL Reading, seconded by Mr. Scheifley. 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. 8.b. The City Manager reported that Ordinance No. 28-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will repeal Ordinance No. 2-81 and enact this ordinance relative to annexing a parcel of land located south of Germantown Road, between Congress Avenue and the SAL Railroad. 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. - 11 - 6/9/81 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, TO~SHIP 46 SOUTH, RANGE 43 EAST, LOCATED SOUTH OFi 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; ~D PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 28-81 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. 28-81 on Second and FINAL 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. After roll call Mr. Blair returned to the meeting. 8.c. 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 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 sched- uled to be held at this time. 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. (Copy of Ordinance No. 29-81 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. 29-81 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. 30-81, is ~efore Council for consideration on Second and FINAL Reading. This ordinance, if passed, will annex 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. This ordinance was passed on First Reading at the May 12th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 12 - 6/9/81 O 3 'j The City Manager presented O~dinance 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. (Copy of Ordinance No. 30-81 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. 30-81 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. 8oe 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, 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. 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 EXIST- ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 32-81 is on file in official Or- dinance 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. 32-81 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.f. 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 13-46-42 from SF (Single Family) to MF-6 (Multiple Family 6 Units per Acre) and rezoning the property - 13 - 6/9/81 from R-1AA (Single Family Dwelling) District to RM-6 (Multiple Family Dwelling) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 26th 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. 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 DEWL- LING 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 SAVINGS CLAUSE PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 35-81 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. 35-81 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. 8.9. The City Manager reported that Ordinance No. 36-81 has been prepared for Council consideration on Second and FINAL Reading. This ordinance, if passed, will amend 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 relative to farmers or growers offering products for sale. This ordinance was passed on First Reading at the May 26th 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. 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 RECEIPT OF AFFIDAVITS, AND REGISTRATION AND ISSUANCE OF PERMITS; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 36-81 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. 36-81 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. - 14 - 6/9/81 8.h The City Manager reported that Ordinance No. 37-~1, amending C~apter 28 "Vehicles for Hire" of the Code of Ordinances relative to partially deregulating the taxicab business in the City is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 26th 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. 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 PRO- VISIONS PERTAINING TO AND/OR REQUIRING VEHICLES FOR HIRE TO OBTAIN CERTIFICATES OF PUBLIC CONVENIENCE AND NECES- SITY, AND TO REPEAL PROVISIONS CONCERNING SUCH CERTIFI- CATES' TRANSFER, SUSPENSION AND REVOCATION; AND BY RE- PEALING SECTIONS 28-4, "INSPECTION OF VEHICLES", TO REMOVE THE PROVISIONS CONCERNING CITY INSPECTIONS OF VEHICLES TRANSPORTING PASSENGERS FOR COMPENSATION; PRO- VIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 37-81 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 the the adoption of Ordinance No. 37-81 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.i. The City Manager reported that Ordinance No. 38-81, is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will repeal Article IV "Financial Advisory Board" of Chapter 2 "Administration" of the Code of Ordinances. This ordinance was passed on First Reading at the May 26th 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 at this time. 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. (Copy of Ordinance No. 38-81 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. John Donovan, 1515 Gallinule Drive, stated he is speaking against the ordinance because he believes the Financial Advisory Com- mittee should be retained Philli~ Campbell, 1011 White Drive, spoke against the or- dinance, as he thinks it would be a mistake, and he feels Council will regret it in the future. Mr. Campbell expressed his opinion against outside auditors, and their fees. - 15 - 6/9/81 Sam Portnay, 1350 High Point Way, stated that he thinks that an advisory board is very important to the City. These people live in the community and work for the best advantage for the community. Richard Krob, 3031 Phoebe Lane, as a member of the Financial Advisory Board, suggested to Council that they do not do away with the board, as they perform an important function for the City. Elizabeth Matthews, 1024 %~ite Drive, spoke against the abolishment of the Financial Advisory Board. She stated that she has heard many Council discussions in regard to whether or not the Financial Advisory Board should be abolished. Over the years the statement has been made that Council should give better direction to the Financial Advisory Board; she asked if Council has ever done that. Sam Schwimer, 1060 Orange Terrace, spoke in opposition of the abolishment of the Financial Advisory Board. Rudolph Bre¥, 1004 Brooks Lane, on behalf of Mr. Waterson, spoke against abolishing the Financial Advisory Board. Upon question by Mr. Scheifley, Mr. Brey stated that he is not a resident of the City of Delray Beach; he resides in one of the County pockets. The public hearing was closed. Mrs. Durante moved for the adoption of Ordinance No. 38-81 on the Second and FINAL Reading, seconded by Mr. Scheifley. 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. Before roll call, Mr. Bird stated that he cannot think of any reason that could compel a vote to preclude Council from enjoying the services of such a knowledgeable group of people. Their Financial Advisory Board is by its very nature an adversary board. When it re- views what Council has done and tells them that they've done wrong, they can hardly be considered popular. He feels they have allowed that to influence what, he assumes, they intend to do this evening. Being that he is probably the member of this Council with the greatest experience in budgetary and fiscal matters, he is uncomfortable without the assist- ance of the Financial Advisory Board. Mr. Bird moved to table this item, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - No; Mrs. Durante - No; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weeks - No. Said motion failed with a 3 to 2 vote. At this point the roll was called to the original .motion. Mr. Bird commended the members of the Financial Advisory Board for a job well done. He asked those members present to rise and they were given a round of applause. 8.j. The City Manager reported that Ordinance No. 39-81, amending Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to noise control has been prepared for Council consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 26th 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. 39-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFENSES-MISCEL- LANEOUS'', ARTICLE II "NOISE CONTROL", SECTION 16-35 "NOISES PROHIBITED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 16-35(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 - 16 - 6/9/81 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 SEC- TION 16-35(b)(19) TO PROHIBIT THE OUTDOOR PLAYING OF MUSICAL INSTRUMENTS, DRUMS, PHONOGRAPHS, SOUND AMPLI- FIERS, AND SIMILAR DEVICES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 39-81 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. Ray Bender, 102 N.E. 17th Street, asked if this ordinance outlaws the entertainment for the Delray Affair. Mayor Weekes replied that there are special exceptions for outdoor concerts and things of that nature in which a person may secure a permit from the City Manager. Mr. Bender inquired further in regard to playing a musical instrument out of doors in a private setting, such as an outdoor wedding reception. The City Attorney replied that a person wishing to do that could get a variance under the noise control ordinance; they would apply to the Board of Adjustment. In the case of an emergency, the City Manager can issue a permit. Bernard Cronin, 2455 Lindell Boulevard, former manager of the Seacrest Hotel, stated that Council may be acting too hastily in introducing a specific ordinance that appears to be applying to a spec- ific incident or location. He suggests that Council consider the ex- pense, inconvenience and the possibility of anger or persons getting even with neighbors, which things could be brought about by this type of ordinance. Elizabeth Matthews, stated that in a very short period of time the quality of life in the area of the oceanfront has deteriorated. The intent of this ordinance, to her understanding, is to deal with that kind of problem. The abuses have been so bad that the noise ordinance was not satisfactory in dealing with it. She urges Council to find some way to deal with this problem. Perhaps handling it on a complaint basis, if that is legal, will solve the problem. The public hearing was closed Mr. Scheifley stated that he thinks they have a very le- gitimate concern, but he can see that in certain cases it might be abused; however, he feels that most musicians would use common sense and would realize it would be a nuisance to practice late at night. He doesn't see a real problem. Mr. Bird moved for the adoption of Ordinance No. 39-81 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. Before roll call, Mr. Bird asked how difficult it would be to make the exemption process somewhat less arduous so an average person could have a party in his backyard and avoid the necessity of appearing before the Board of Adjustment. The City Attorney replied that it is not as arduous a process for a noise ordinance variance as it is for a normal variance; however, it would cost the same, $125.00. It was the consensus of Council to instruct the City At- torney's Office to prepare an amendment to the ordinance that will abate the trouble one would have at getting a variance. At this point the roll was called to the motion. 8.k. The City Manager reported that Ordinance No. 40-81 has been prepared for Council consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 13 "Health and Sanitation" of - 17 - 6/9/81 the Code of Ordinances relative to land clearance. This ordinance was passed on First Reading at the May 26th 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. 40-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SAN- ITATION'', 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 SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 40-81 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. Mrs. Durante moved for the adoption of Ordinance No. 40-81 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. Before roll call, Mr. Scheifley stated that he would like a progress report in three months. 8.1. The City Manager reported that Ordinance No. 41-81, amending Chapter 12, "Garbage and Trash" of the Code of Ordinances relative to violations and penalties has been prepared for Council consideration on First Reading. Council, at the April 7th workshop meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 41-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 12-2, "VIOLATIONS; PENAL- TIES", TO ADD A NEW SUBSECTION (c) TO SET FORTH SET FINES FOR REPEAT VIOLATORS OF SECTION 12-8, "LOCATION, PLACE- MENT OF CONTAINERS, ACCUMULATIONS", OR OF ARTICLE II, "LITTER"; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 41-81 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. 8.m. The City Manager reported that Ordinance No. 43-81, relative to rezoning and placing land zoned RM-10 (Multiple Family Dwelling) District to SAD (Special Activities) District and conditional use and site and development plan request to allow a shopping center, Pelican Harbor Shoppes, located at the northeast corner of U. S. No. 1 and Tropic Isle Drive, subject to conditions as outlined in the ordinance, has been prepared for Council consideration on First Reading. Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on June 23rd. Council at the May 26th meeting, instructed the City Attorney to prepare the ordinance effecting the rezoning. - 18 - 6/9/81 The City Manager presented Ordinance No. 43-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPE- CIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 1.476 ACRES, LOCATED AT THE NORTHEAST CORNER OF U.S. #1 AND TROPIC ISLE DRIVE, SAID LAND BEING IN SECTION 32, TOWN- SHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 43-81, 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 meeting during item 8.n. 8.n. The City Manager reported that Ordinance No. 44-81, relative to rezoning and placing land zoned LI (Light Industrial) District to SAD (Special Activities) District, and conditional use and site and develop- ment plan request to allow an office development, The Gardens at Centre Delray, located south of Linton Boulevard, between Congress Avenue and the SAL Railroad, subject to conditions as outlined in the ordinance, has been prepared for Council consideration on First Reading. Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on June 23rd. Council, at the May 12th meeting, instructed the City Attorney to prepare the ordinance effecting the rezoning. The City Manager presented Ordinance No. 44-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRE- SENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A FIVE (5) ACRE PARCEL OF LAND LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN CONGRESS AVENUE AND THE SAL RAILROAD, SAID LAND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 44-81 on First Reading, seconded by Mr. Bird. 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 meeting at this time. 8.o. The City Manager reported that Ordinance No. 45-81, amending Chapter 13 "Health and Sanitation" of the Code of Ordinances relative to vegetation which interferes with traffic safety or with the use of street lights, sidewalks or other public improvements has been prepared for Council consideration on First Reading. This was discussed at the workshop meeting on June 2nd. The City Manager presented Ordinance No. 45-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 "HEALTH AND SAN- ITATION'', ARTICLE II "NUISANCES ON PROPERTY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 13-13 "EXCESSIVE OR OFFENSIVE UNDER- GROWTH, WEEDS, ACCUMULATIONS DECLARED NUISANCE" TO PRO- VIDE THAT ANY VEGETATION WHICH INTERFERES WITH TRAFFIC SAFETY OR WITH THE USE OF STREETLIGHTS, SIDEWALKS OR OTHER PUBLIC IMPROVEMENTS SHALL BE DECLARED A PUBLIC NUISANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EF- FECTIVE DATE. - 19 - 6/9/81 The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 45-81 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.p. The City Manager reported that Ordinance No. 46-81, amending Chapter 26 "Traffic" of the Code of Ordinances relative to changing parking meter fees at Anchor Park and Sandoway Park to 25¢ per hour has been prepared for Council consideration on First Reading. This was discussed at the June 2nd workshop meeting. The City Manager presented Ordinance No. 46-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26 "TRAFFIC" ARTICLE II "STOPPING, STANDING, AND PARKING" OF THE CODE OF OR- DINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 26-67 "PARKING TIME LIMITS", PARAGRAPH (a) TO CHANGE THE COST OF PARKING IN A PARKING METER SPACE AT ANCHOR PARK AND AT SANDOWAY PARK TO TWENTY-FIVE (25) CENTS PER HOUR; 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. 46-81 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.q The City Manager reported that Ordinance No. 47-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building height in the M-10 (Multiple Family Dwelling) District has been pre- pared for Council consideration on First Reading. This was discussed at the workshop meeting on June 2nd. The City Attorney recommended that Council defer this it~. Mr. Bird moved that Ordinance No. 47-81 be tabled, 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. Mayor Weekes declared the meeting adjourned at 10:00 P.M. y Clerk 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 June 9, 1981 which minutes were focally approved and adopted by the City Council on/~~/_ /.~ /F~/ . 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 ~come 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. - 20 - 6/9/81 June 5, 1981 k~yor Leon Weekm$ Cif. y of' Delroy Beach 100 N.W. 1st Avenue Delray Beach, Florida 3.~.~.~. RE: Building Height Dear Mayor Week~: As concerned residents, landowners, and professionals in the ~ity of Delray Beach, we feel it is of great importance that we voice our opinion' regarding building height. It is this concern For the overall effect upon our Delray Beach that we recommend keeping au= zoning as is. Conditional use is a very good controlling element, and in the past twelve years there have been no problems with this element of building height being a subject of conditional use. If the height of buildings in Delray 8each is restricted to-three stories with underground parking we will have on opposite effect occurring. Open space, which is very essential to our City, will disappear because urban sprawl will resuI[. Along with this, the e~tire area of aesthetics and quality of the City will de%erio=ate rapidly. The flexibility of design and good City planning will. be eliminated by such a restriction. Government regulation, paz"ticularly zoning, should not be su.sceP.~'ibJ~e to such o petition because in most-cases, the petition is on emotional issue with many of the signatures secured being by people totally unaware of the meaning petition they are signing. If it seems opparant that our zoning needs some change, we offer our assistance to review and help anyway that we can. In the interim, we feel that it is very important to our City's future that a petition ii, hiring the height of buildings in the entire City not be accepted, but that buildi~j~height emazn a condi- . Richard T. Hanna ? _ _ . /' Kenneth Rubsomen, A.I.A. .[ y< ~/ / ...' /i4 ' Z ~ 6' Roy//~..$£msn,~ A.I.A. Robert' S. Currie, A.I.A. June 9, 1981 To: The Honorable, Mayor Leon Week. s Members of City Council City Resident% of Delray Beach My nam~ is Leonard E. White and I am making this presentation as a member of the Board of Directors and on behalf of the Delray Beach Board of REALTORS. I want Co address the subject of amending any ordinance concerning the building heights in the City of' Delray Beach..First, I believe chat each.georgraphical area has its own unique circumstances. Second, I would like to make it clear that any ordinance dealing with building heights should not in itself deal with the height of buildings encompassing 100% of the incorporated area. By chis I am crying co say Chat when you assess the needs of the beach area or a particular residential area in the western portion of the city, chose needs are not 'exactly the same as either a downtown business area, a US 1 business district or an industrial.area. Page 2 I am sure that all of you are aware that to have a balanced economy and a broader tax base, consideration should be given to the impact of building heights in some of these areas and its effect upon the tax base of the city. We feel that to broaden this tax base so as not to have to depend so heavily upon the residential portion of the tax roll, that the community needs to provide some business climate that would attract some clean industry. Most industries are well aware of the concer~s of the toss,unities in which they wish to They are also aware of the shortcomings of those same cou.,~nities ...... b-~y'the fact they do a careful study of their own to see if there is adequate housing for their employees, to see if there is hotel space available for their out of tow~ business contacts, and they also survey the communities' educational ~facilities as well as the available labor force. We feel that the City of Delray Beach should not pass any ordinance which would affect building heights across the board without regard to the areas I have just mentioned as well as the different classifications such as residential, business and industrial. We are aware of a petition by a certain group which may be intended to restrict building heights only in certain areas, but I assure you, the way this petition is written, it would encompass all properties and all categories for the total co~m~nity. Page 3 We are opposed to having a referendum which encompasses residential, co~nercial and industrial properties in one blanket ordinance. We feel there are business districts that.should not be under the same restrictions for building heights asa particular residential comamnity. ? I believe that good fiscal management and farsightedness would dictate' further study into this subject so that it might be more acceptable. to the conununity and for the betterment of i~s future. June ~, 1981 Mayor and City Council 100 N. W. Ist Avenue Delray. Beach, Florida 33444 Dear Mayor and City Council: At our Board meeting yesterday, the Directors asked that' the Chamber's positio~ backing the construction of a new hotel facility in Delray Beach be reaffirmed with the Council. This item ranks as one of the highest priorities in our Program of Work for the year ahead and we will be extending our utmost efforts to obtain such a badly needed accommodation for our community. We urgently seek your support and assistance in this matter. Sincerely, JM SPANISH RIVER SECTION June 8, 1981 ldayot Leon Weekes City of Delray Beach 100 N.W. 1st.. Avenue Delray Beach, Florida 32~ Dear Ivlayo~Week~ With this being the representative section of the American Institute of Architects for this oreo. (we include Delroy 8each, BocoRaton,. and Deerfield Beach), our membership Feels it is of great importance that we make our opinion, regarding building height in the City of Delray 8each. As a Professional organization concerned with the aesthetics and planning of our cities, we recommend keeping the zoning as is in the City of Delray 8each. Zoning, which is part of the city government reguiotion, should not be susceptible to petitions, because in most cases petitions ore .: emotional issues that do not go beyond, those immediate emotions. The long range vision is the most important to. our City, and it is such vision which we Feel must not be deterred by short range emotions. With building height remaining as a conditional use the City maintains the Flexibility to get the proper aesthetics and good planning to maintain the quality of life so greatly appreciated in Delray 8each. To limit building height to three stories in the entire City would cause an even worse condition known os urban sprawl with a great loss of open (green) space in the City. It truly would be a worse condition For the City of Delroy 8each. We, as the Spanish River Section of the Palm Beach Chapter of the American Institute of Architects, greatly urge you and the Ci~.y Council to look ¢o the future and maintain the zoning with the flexibility of conditional use For building heigh¢. We urge you not to make a quick decision to limit building height without thoroughly reviewing Fully the consequences that would be inflicted on the City of Delray Beach, not only For the present, but the future. Very truly yours,~ Spanish Rive~S~t)on/~ / ~<enneth RubsameO, A.I.A. 'Vice P~esiden~ : PALM BEACH CHAPTER i AMERICAN INSTITUTE OF ARCHITECTS