Loading...
07-14-81 JULY 14, 1981 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, July 14, 1981, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. 1. The opening prayer was delivered by Reverend Frank Hamilton, retired, Church of the Palms. 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 meetings of June 9, 1981 and June 23, 1981 and the special meetings of June 16, 1981, July 1, 1981 and July 7, 1981, seconded by Mr. Blair. Said motion passed unanimously. 4.a.1. Mr. Bird stated that the question keeps coming up as to what rates for City services are going to increase. He suggested that some sort of release be made by the Administration, in layman's terms, as to what increases will be made in the upcoming year. 4.b.1. Mayor Weekes reported that he has a notice from Paula Hawkins that she will have a representative in Delray Beach on July 23, 1981, in the Council Chambers from 10:00 A.M. to 12:00 Noon. He asked that this notice be posted on the bulletin board in the lobby of City Hall. 4.b.2. Mayor Weekes stated that it was decided at the last workshop meeting that the Mayor, with the consent of Council, would appoint a committee to study and make recommendations with regard to the "Lolley Trolley" concept. He suggests appointing a seven person committee. The names of those people who have agreed to serve are: Sam Portnay, Lenny Syrop, Lynn Taylor, Dan Burns, and Bob Stump. Those who he has not yet contacted are: Mark Stowe, Sandy Simon, (Bill Hurd is unable to serve), Bill Tiernan, and he would like to get a banker. Mrs. Durante suggested adding Rosetta Rolle or her designee to the list. Mr. Scheifley moved to authorize the Mayor to appoint a committee from this group of people, seconded by Mr. Bird. Said motion passed unanimously. 4.b.3. Mayor Weekes reported that he has received a summary of the legislative session just ended from Jim Watt, Chairman of the Palm Beach County Legislative Delegation. A copy of the summary will be available in the City Manager's office. 4.b.4. Mayor Weekes reported that Resolution No. 60-81 is before Council for consideration. This resolution urges the Governor to call a special session of the legislature to enact a one-half percent local option sales tax for local government funding. Mayor Weekes presented Resolution No. 60-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF FLORIDA TO ADOPT LEGISLATION AUTHORIZING A ONE-HALF PERCENT LOCAL OPTION SALES TAX. (Copy of Resolution No. 60-81 is on file in the official Resolution Book) Mayor Weekes stated that there are a number of adverse impacts on local government funding which have been generated by the restrictions placed upon local governments by the State of Florida. Senator Tom Lewis wrote him a letter asking their choice with regard to various options. Most of the legislators, including Senator Lewis, realize what has happened at the local level, but, during the last session, were unwilling to address it. The budget passed by the State of Florida does contain increased revenue for the State; they did it by other means than a direct levy of taxes. They also passed on to local governments a burden of finding sources of revenue to raise our taxes. That is the purpose of this resolution. He intends to speak publicly on this issue within the next two or three weeks at various meetings; he will go into more detail at that time. Mrs. Durante stated that she has a problem with increasing sales tax and suggested taxing luxury items, if they have that option. Mayor Weekes replied that they do not have that option. The options are: (1) a gasoline tax increase; (2) a one percent sales tax increase with the proceeds going directly to the State of Florida general fund; (3) a one-quarter percent sales tax; (4) a one-half percent sales tax (which is what they are recommending); (5) losing the 7th and 8th cents of gas tax. The advantages to the local options sales tax are (1) it is paid 25% to 30% by persons who don't live in the county or state and (2) it is a growth tax which responds to inflation. Mr. Bird read Section 3 of the resolution and stated that he is interested to know what the mechanics would be to insure fair and equitable distribution between city and county governments. Mayor Weekes replied that if such a tax were passed, it has to benefit the cities in Palm Beach County to some degree but it will also benefit the county, of which they are all a part. Mr. Bird stated that he does not see anything to preclude the County from using these funds for things such as the Sheriff's budget, County roads, etc., and just giving the cities a token share. Mayor Weekes noted that the distribution would be set by State law. Mr. Bird .suggested refining the resolution by speci- fying what they see as being an equitable distribution. Mrs. Durante suggested adding the language in Section 3 "as set by State law". The Mayor concurred with the suggestion and added that the reason he wants the resolution passed tonight is because the letter he has from Tom Lewis asks for a response by the 20th of July. If there is a special session of the legislature, it will have to be called by the Governor in August. Mr. Blair moved for the adoption of Resolution No. 60-81, 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. Mayor Weekes asked that they send copies of this resolution to all members of their legislative delegation, to Mr. Sitig and to the Governor of the State of Florida. Mr. Scheifley suggested that the Mayor, in his cover letter, bring up the subject of fair distribution; the Mayor replied that that is an excellent suggestion and he will do so. 5.a. Mr. Ed Perry, 225 N.E. 14 Street, member of the Good Govern- ment Committee of Delray Beach, made a presentation relative to the question of gift giving to public employees, appointed or elected. They recommend that Council enact as policy a ban on all gifts at all levels. They are not suggesting that gifts for retirement, etc., which are sponsored within the structure of the City government be prohibited. Further, those items which are obviously of a specialty advertising nature such as pens and calendars should not be considered as gifts as long as they are of obvious nominal cost. Cash in any amount should be forbidden. They further recommend that all City employees be advised that the receipt of any gifts shall be grounds for suspension or dis- missal. All vendors and contractors should be informed that any attempt to proffer a gift of contribution to any employee or department will result in suspension of his company's privilege to conduct further business with the City. Gift giving is an outright attempt to curry favor, to invite convenient lenience or to subvert the traditional bounds which separate good business relations from conflict of interest, most especially where the public trust is involved. Mayor Weekes asked Mr. Perry to make available to him a copy of his presentation. It was the consensus of Council to schedule this item for a workshop meeting. - 2 - 07/14/81 5.b. Mr. George Bockhold, 1601 S. Federal Highway, spoke in regard to the proposed site plan for the Siemens property. He stated that water is being used for building units on the Siemens property. This plan had an extra 60 units because water was used as land. He feels that the maximum amount of units that could be crammed onto this land was the only criteria for this site plan. Past errors in judgment need not be used to continue this practice of allowing water to be used as land. 6.a.1. The City Attorney requested authorization to have a special meeting set for next Wednesday, July 22nd at 5:00 P.M., for the Council to meet with Walter Breen, the City's bond attorney, and also Stan Ross, fiscal agent, on the two upcoming bond issues. It was the consensus of Council to hold a special meeting on Wednesday, July 22nd at 5:00 P.M., as requested by the City Attorney. 6.a.2. The City Manager reported that there are two items to be acted upon by the County within the next few days. The first item is a petition to designate the northeast corner of Dixie Highway and Wilson Avenue as having a commercial potential; the City's Land Use Plan desig- nates that area for multiple family, 10 units per acre, development. The second item is a petition to designate a 1.09 parcel of land located at the southeast corner of Military Trail and the L-32 Canal as having a commercial potential; the City's Land Use Plan designates that location as multiple family, six units per acre, development. If the City wishes to make opposition then a motion to that effect should be passed at this time. Mr. Scheifley moved to send a letter to the County objecting to these two petitions, seconded by Mrs. Durante. Said motion .passed unanimously. Before roll call, Mr. Blair stated that he attended the County Planning & Zoning Commission meeting last week, at which time they presented two letters of objection from the City of Delray Beach. The Chairman noted that there wasn't a representative of the City of Delray Beach so he (Mr. Blair) got up and spoke in opposition. On the first item, the Planning staff recommended denial and the Commission unanimously approved it. On the second item the Planning staff recom- mended approval and the Commission unanimously approved it. In both cases they went against what Delray Beach wanted. Council agreed that they should still continue to send these letters of opposition. At this point the roll was called to the motion. 6.a.3. The City Manager announced that the budget for the new year has 319 pages; it is largely computerized with a few typed pages, in- cluding somewhat of a transition to a new format. The City Manager reported on, what he feels, are the more pertinent points with regard to the budget. The budget is about 25 million dollars, as recommended for the new year, which is up about 25%. They have 40 additional employees, 12 of which are in the Police Depart- ment; 12 represents about 30% of the total additional employees re- quested. On millage, the total millage rate, including both operating and debt service, is down approximately one-quarter of a mill. The expenditure trend for the City, per capita and in 1982 dollars, is downward in practically all departments and in virtually all areas of activity of the City. The general fund expenditure during the ten year period, per capita and in 1982 dollars, is down about 16%. At this time the Finance Director passed out copies of the budget to the members of City Council, the City Attorney and to the members of the press. The City Manager further reported that they are now up to step 17, the submission of the budget to City Council, in the budget making process. The next thing that is scheduled to happen, as far as City Council is concerned, is workshopping the budget for which they have set aside the week of August 17th through August 21st. - 3 - 07/14/81 It was the consensus of Council to schedule budget workshops for Monday, August 17th, and Wednesday, August 19th, and to leave Thurs- day, August 20th, open for a possible budget workshop. 6.b. CONSENT AGENDA The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) It is recommended that Council designate the City Manager as the City's representative for the Solid Waste Authority Budget and Policy Advisory Committee. (2) It is recommended that Arthur V. Strock & Associates, Inc. be authorized to proceed with the coral reef follow-up study at an estimated cost of $6,390. This is one of the continuing projects in connection with the beach nourishment program which has been approved by the Department of Natural Resources for funding, under which the State pays 75% of the cost and the City pays 25%. (3) A public auction was held on July 8, 1981, for the sale of surplus City property and a total of $3,738 was realized from the sale. It is recommended that Council ratify the action taken. (4) A request has been received from Sherwood Pontiac - GMC Truck, Inc. for a permit to erect a 30'x75' canopy tent at the front of the property located at 2400 South Federal Highway for the purpose of conducting a car sale from July 15th to July 19, 1981. A certificate stating that the tent has been flame retardant treated has been re- ceived. Approval is recommended. (5) It is recommended that the minutes of the Beautifi- cation Committee meeting of July 1, 1981 be acknowledged. (6) The City is in receipt of an application from Robert M. Miller for City water and sewer service to serve 2706 South Federal Highway, which is outside the City. The present use is a lounge and basic food establishment and the proposed use is for general profes- sional offices. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicant. (7) The City is in receipt of an application from South County Mental Health Center, Inc. for City water and sewer service to serve 5+ acres, 1/8 mile south of Linton Boulevard on the east side of Military Trail, which is outside the City. The proposed use is for a Mental Health Center. 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 applicant. (8) The City is in receipt of an application from 1202 Associates, Inc. for City water and sewer service to serve 1202 North Palm Trail, which is outside the City. The present and proposed use is residential. 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 applicant. (9) Resolution No. 54-81 providing for a special assessment for properties abutting S.E. 1st Avenue between S.E. 8th Street and S.E. 9th Street and setting a date for a public hearing is before Council for consideration. Approval is recommended. The caption of Resolution No. 54-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A SPECIAL ASSESSMENT OF PROPERTIES ABUTTING THE STREET LOCATED IN THE FOLLOWING AREA: S.E. 1ST AVENUE BETWEEN S.E. 8TH STREET AND S.E. 9TH STREET, FOR THE CONSTRUCTION AND INSTALLATION OF PAVEMENT IN ACCORDANCE WITH PLANS PREPARED BY THE CITY ENGINEERING DEPARTMENT DATED, MAY 6, 1981, ON FILE IN THE OFFICE OF THE CITY MANAGER. - 4 - 07/14/81 (Copy of Resolution No. 54-81 is on file in the official Resolution Book) (10) The following bids have been received for the con- struction of Force Main 80: Bidder Quotation Barile Excavating & Pipeline $373,019.00 Lake Park, FL Rick-Man Construction 374,666.20 Sterling Heights, MI H & H Engineering 375,623.56 Ft. Lauderdale, FL Woodruff & Sons 415,590.40 Bradenton, FL Gateway Construction 434,294.00 Pompano Beach, FL Lanzo Construction 444,678.80 Pompano Beach, FL Southeast Underground 466,246.00 Cape Coral, FL F. J. Siller 498,005.25 Pompano Beach, FL It is recommended that the tentative award be made to the low bidder, Barile Excavating & Pipeline in the amount of $373,019.00 by passage of Resolution No. 56-81 with 75% of the funding ($279,764.25) to come from the Environmental Protection Agency and 25% of the funding ($93,254.75) to come from the 1979 Water and Sewer Bond Issue. Council, at the April 28th meeting, accepted the EPA's grant offer for Lift Station Numbers 50 and 80 and associated mains in the amount of $1,750,152. The caption of Resolution No. 56-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE TENTATIVE AWARD OF A CONTRACT FOR THE CONSTRUCTION OF FORCE MAIN 80, PENDING ENVIRONMENTAL PROTECTION AGENCY CONCURRENCE. (Copy of Resolution No. 56-81 is on file in the official Resolution Book) (11) The following bids have been received for the con- struction of Lift Station 80: Bidder Quotation Boyle Construction Company $723,000.00 Deerfield Beach, FL Koblar Constructors & Engineers 794,897.00 Gainesville, FL Lanzo Construction 845,000.00 Pompano Beach, FL Widell Associates, Inc. 1,174,000.00 Ft. Lauderdale, FL ,' - 5 - 07/14/81 It is recommended that the tentative award be made to the low bidder, Boyle Construction Company in the amount of $723,000.00 by passage of Resolution No. 57-81 with 75% of the funding ($542,250.00) to come from the Environmental Protection Agency and 25% of the funding ($180,750.00) to come from the 1979 Water and Sewer Bond Issue. Council, at the April 28th meeting, accepted the EPA's grant offer for Lift Station Nos. 50 and 80 and associated mains in the amount of $1,750,152. The caption of Resolution No. 57-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE TENTATIVE AWARD OF A CONTRACT FOR THE CONSTRUCTION OF LIFT STATION 80, PENDING ENVIRONMENTAL PROTECTION AGENCY CONCURRENCE. (Copy of Resolution No. 57-81 is on file in the official Resolution Book) (12) The following bids have been received for the con- struction of Force Main 50: Bidder Quotation H & H Engineering $634,307.10 Ft. Lauderdale, FL Barile Excavating & Pipeline 670,014.00 Lake Park, FL Plantation Construction Co. 681,851.50 Ft. Lauderdale, FL Rick-Man Construction 701,198.40 Sterling Heights, MI Woodruff & Sons 717,954.80 Bradenton, FL Lanzo Construction 758,034.00 Pompano Beach, FL P. J. Madsen/Barr 778,215.00 Miami, FL F. J. Siller 782,481.00 Pompano Beach, FL Southeast Underground 813,552.00 Cape Coral, FL Gateway Construction 827,584.00 Pompano Beach, FL It is recommended that the tentative award be made to the low bidder, H & H Engineering in the amount of $634,307.10 by passage of Resolution No. 58-81 with 75% of the funding ($475,730.33) to come from the En- vironmental Protection Agency and 25% of the funding ($158,576.77) to come from the 1979 Water and Sewer Bond Issue. Council, at the April 28th meeting, accepted the EPA's grant offer for Lift Station Nos. 50 and 80 and associated mains in the amount of $1,750,152. The caption of Resolution No. 58-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE TENTATIVE AWARD OF A CONTRACT FOR THE CONSTRUCTION OF FORCE MAIN 50, PENDING ENVIRONMENTAL PROTECTION AGENCY CONCURRENCE. (Copy of Resolution No. 58-81 is on file in the official Resolution Book) - 6 - 07/14/81 (13) The following bids have been received for the con- struction of Lift Station 50: Bidder Quotation Boyle Construction Company $777,000.00 Deerfield Beach, FL Koblar Constructors & Engineers 845,877.00 Gainesville, FL Lanzo Construction 879,000.00 Pompano Beach, FL Widell Associates, Inc. 1,237,000.00 Ft. Lauderdale, FL It is recommended that the tentative award be made to the low bidder, Boyle Construction Company in the amount of $777,000.00 by passage of Resolution No. 59-81 with 75% of the funding ($582,750) to come from the Environmental Protection Agency and 25% of the funding ($194,250) to come from the 1979 Water and Sewer Bond Issue. Council, at the April 28th meeting, accepted the EPA's grant offer for Lift Station Nos. 50 and 80 and associated mains in the amount of $1,750,152. The caption of Resolution No. 59-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE TENTATIVE AWARD OF A CONTRACT FOR THE CONSTRUCTION OF LIFT STATION 50, PENDING ENVIRONMENTAL PROTECTION AGENCY CONCURRENCE. (Copy of Resolution No. 59-81 is on file in the official Resolution Book) (14) As discussed at workshop on July 7, 1981, it is recom- mended that Council authorize the securing of an appraisal for City- owned land adjacent to the Trinity Lutheran Church property on Lake Ida Road that the church is interested in acquiring from the City. (15) It is recommended that Council ratify an Amendment to the License Agreement for operation of the Restaurant/Bar at the Delray Beach Country Club which changes the notification period for continuance of the Agreement from 120 days to 90 days. The amendment was agreed to by the Licensee and the City Manager on July 8th, the notification expiration date (120 days prior to expiration of the Agreement). This way of handling it was suggested by the City Attorney. The extended 30 days will give both the Licensee and the City the needed additional time for evaluation and negotiation. Mr. Bird moved for approval of the Consent Agenda, seconded by Mr. Blair. Said motion passed unanimously. REGULAR AGENDA 8.a. The City Manager reported that Ordinance No. 47-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building heights in the RM-10 (Multiple Family Dwelling) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the June 23rd 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. 47-81: - 7 - 07/14/81 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 30-7 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", SUBSECTION (I) "BUILDING HEIGHT" TO PROHIBIT THE CON- STRUCTION OF ANY BUILDING TO A HEIGHT EXCEEDING THREE (3) FLOORS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 47-81 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. 47-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported that Ordinance No. 49-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to parking space sizes in the Central Business District. This ordinance was passed on First Reading at the June 23rd meeting. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 49-81: 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, FLORIDA, BY AMENDING SECTION 30-13 "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (I) "PARKING AND LOADING REGULATIONS," BY ENACTING PARAGRAPH (7) TO STATE AND ILLUSTRATE THE MINI- MUM PARKING BAY DIMENSIONS BY PARKING ANGLE FOR THE CENTRAL BUSINESS DISTRICT; BY ENACTING PARAGRAPH (8) TO STATE AND ILLUSTRATE THE PARKING STALL DIMENSIONS RE- QUIRED IN THE CENTRAL BUSINESS DISTRICT; BY AMENDING SECTION 30-18 "OFFSTREET PARKING REGULATIONS" PARAGRAPH (A) "SCOPE" TO PROVIDE THAT ADDITIONAL PARKING REGU- LATIONS APPEAR IN SECTION 30-13 CBD CENTRAL BUSINESS DISTRICT"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 49-81 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. 49-81 on Second and FINAL Reading~ seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Ordinance No. 50-81 relative to transfer of title from Leadership Cablevision Associates, a Florida Limited Partnership to Fairbanks Cable of Florida, Inc., an Indiana Corporation is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the June 23rd 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. - 8 - 07/14/81 The City Manager presented Ordinance No. 50-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "DELRAY BEACH CATV LEADERSHIP FRANCHISE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 10-1, "SHORT TITLE" TO REMOVE "LEADERSHIP" FROM TITLE; BY AMENDING SECTION 10-2(e), "DEFINITIONS", TO DELETE RE- FERENCES TO LEADERSHIP CABLE TELEVISION SYSTEMS AND INSERTING IN ITS PLACE "FAIRBANKS CABLE OF FLORIDA, INC., AN INDIANA CORPORATION"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 50-81 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. Mrs. Elizabeth Matthews asked if this means that there will be different offerings by the cable company. Mayor Weekes replied that that is a business judgment and he does not know. Mrs. Alice Finst, Homeowners League of Chatelaine, explained that they are trying to run a crime watch program in their neighborhood. It would be very helpful to them if the following items could be taken care of: (1) any servicemen coming into the communtiy wear marked clothes; (2) that they arrive in marked cars; (3) that they notify residents of their intention to enter property; many people in the com- munity have purchased guard dogs; (4) that they work without disturbing plantings, and if they do disturb any plantings, that they make an effort to restore it to its previous condition; and (5) that they make an effort to bury their cables when they get through with their work. Mr. Doak Campbell, representing Fairbanks Cable of Florida, stated that he doesn't think that the new owners are going to make any objection to Mrs. Finst's requests. They want to do all they can to be good neighbors to all of the people in Delray Beach. As far as entering property without permission, that is never done intentionally unless there is a real need, and then it must be done with due consideration of the property owners. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 50-81, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; ~Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Ordinance No. 51-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to resort dwelling units. This ordinance was passed on First Reading at the June 23rd 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. 51-81: 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 AMEND- ING SECTION 30-11 GC (GENERAL COMMERCIAL) DISTRICT, SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT, SECTION 30-13 CBD (CENTRAL BUSINESS) DISTRICT, SECTION 30-13.1 LC (LIMITED COMMERCIAL) DISTRICT, SUBSECTIONS (C) "CONDITIONAL USES" TO ADD "RESORT DWELLING UNIT, SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL", AND AMENDING SECTION 30-8 RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, - 9 - 07/14/81 BY REPEALING (1) OF SUBSECTION (Q) "SPECIAL USES" RE- LATING TO HOTELS AND MOTELS BEING ALLOWED IN THE RM-15 ZONING DISTRICT WHEN APPROVED AS A CONDITIONAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 51-81 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 City Attorney requested that if Council makes a motion to adopt this ordinance that in the motion they add a Section 5 which would be a section that repeals Section 2 of Ordinance No. 34-81, which is the 90 day moratorium. Mr. Mike Listick suggested that in a few instances it might be a good thing to let some buildings in bad shape convert. They should be leaving the door open for a possible converter to convert and im- prove. The public hearing was closed. The City Attorney stated that what Mr. Listick has said is simply an extension of what the City Council has already indicated that they would do with regard to one particular development, Laver's develop- ment. The Special Activities District, as a zoning classification, is available to Council in any area of the City for a use, whether it is residential, commercial, industrial, etc. There may be limited circum- stances in which the City feels that it is appropriate to have a prop- erty that is converted to condominium if there is a substantial benefit to the City, such as reduction in density, contributions or such. It would not be appropriate on a wholesale basis. Mr. Bird moved for the adoption of Ordinance No. 51-81 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.e. The City Manager reported that Ordinance No. 52-81, amending Section 30-18 of Chapter 30 "Zoning" of the Code of Ordinances relative to off street parking regulations is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the June 23rd 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. The City Manager presented Ordinance No. 52-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 30-18 (F)(2) (a) AND (b) "OFF-STREET PARKING REGULATIONS", TO DELETE THE WORDS "PLUS ONE (i) SPACE PER EMPLOYEE"; AMENDING SECTION 30-18 (F)(5)(v) TO INCREASE THE PARKING REQUIREMENTS FROM FIVE (5) TO SEVEN (7) PARKING SPACES PER 1,000 SQUARE FEET OF TOTAL FLOOR AREA FOR MEDICAL OR DENTAL OFFICES AND CLINICS AND DELETING THE WORDS "PLUS ONE (1) PER EMPLOYEE INCLUDING DOCTORS AND NURSES"; AND AMENDING SECTION 30-18 (F)(5) TO ADD A PARKING SPACE REQUIREMENT FOR MEETING ROOMS OF THREE- TENTHS (0.3) PER SEAT, AS COMPUTED PURSUANT TO 101 NFPA, 1976 EDITION, CHAPTERS 5 AND 8; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 52-81 is on file in the official Ordinance Book) - 10 - 07/14/81 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 passage of Ordinance No. 52-81 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.d. Mr. Bird moved to reconsider the motion on Ordinance No. 51-81, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Bird amended his original motion to adopt Ordinance No. 51-81 on Second and FINAL Reading to include a Section 5 which would be a section that repeals Section 2 of Ordinance No. 34-81, which is the 90 day moratorium, 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. 53-81, amending Ordinance No. 53-80 by adding $540,000 to the estimated expenditures of the General Fund Contingency Account under the category "Non-Department Division Other Expenses" and adding this sum to the estimated revenue of the General Fund under the category "Franchise Taxes" is before Council for consideration on First Reading. The reason for the above-recom- mended action is the receipt during this fiscal year of additional franchise taxes from Florida Power & Light not included in the current year's budget. Transfers can be made from the contingency account for payment of project costs as approved by Council. The City Attorney recommended that this be handled in this manner. The City Manager presented Ordinance No. 53-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 53-80, WHICH MADE FINAL APPROPRIATIONS OF MONEY FOR ALL NECESSARY EXPENDI- TURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM OCTOBER 1, 1980, TO SEPTEMBER 30, 1981, BY ADDING THE SUM OF $540,000 TO THE ESTIMATED EXPENDITURES OF THE GENERAL FUND UNDER THE CATEGORY "NON-DEPARTMENT DIVISION - OTHER EXPENSES" AND BY ADDING THIS SUM TO THE ESTIMATED REVENUE OF THE GENERAL FUND UNDER THE CATEGORY "FRANCHISE TAXES". The City Manager read the caption of the ordinance. Mr. Scheifley moved for the adoption of Ordinance No. 53-81 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. 54-81, amending Chapter 1 "General Provisions" of the Code of Ordinances relative to increasing the assessment from $1 to $2 for court costs for law enforce- ment education is before Council for consideration on First Reading. The City Manager presented Ordinance No. 54-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE CODE OF ORDI- NANCES BY AMENDING SECTION 1-7 "COURT COSTS FOR LAW ENFORCEMENT EDUCATION" TO INCREASE THE ASSESSMENT FROM $1.00 TO $2.00; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. - 11 - 07/14/81 Mr. Bird moved for the adoption of Ordinance No. 54-81 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.h. The City Manager reported that Ordinance No. 55-81, amending Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to banning of tents for church and religious services is before Council for consideration on First Reading. This was discussed at the June 23rd meeting. The City Manager presented Ordinance No. 55-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFENSES-MISCELLANE- - OUS", ARTICLE I "IN GENERAL", SECTION 16-3 "ASSEMBLIES IN TENTS, TEMPORARY STRUCTURES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION (B) "PERMIT ISSUANCE, DURATION" TO PROVIDE THAT UPON THE SUBMISSION OF AN APPLICATION TO ERECT A TENT OR OTHER TEMPORARY STRUCTURE, NOTICE SHALL BE GIVEN TO THE OWNERS OF PROPERTIES WITHIN FIVE HUNDRED (500) FEET OF THE PRO- POSED LOCATION OF THE TENT OF THE DATE OF THE PUBLIC HEARING AT WHICH THE CITY COUNCIL SHALL CONSIDER THE APPLICATION; BY AMENDING SUBSECTION (C) "PREREQUISITES TO APPROVAL", PARAGRAPH (3) TO INCREASE THE PERMIT FEE TO ERECT AND DISMANTLE THE STRUCTURE FROM THREE DOLLARS ($3.00) TO FIFTEEN DOLLARS ($15.00) AND TO INCREASE THE FEE TO CONNECT ELECTRICITY FROM ONE DOLLAR ($1.00) TO TEN DOLLARS ($10.00); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 55-81 on First Reading, seconded by Mr. Blair. Mrs. Durante stated that the request from the public was to enact an ordinance that would prohibit tents for religious services in the residential area; this ordinance doesn't accomplish that. This ordinance requires all requests for tents to go through the conditional use process. If someone wants to have a wedding in their backyard they have the right to use their own residence for family activities, just as churches have the right to use their own property for church activities; what they want to do is stop churches from putting up tents in the vacant lots. Mayor Weekes stated that that can be stopped by policy decision of the Council without passing an ordinance. Mrs. Durante replied that in the years to come there may be another Council up here that won't honor that policy; whereas, they wouldn't go so far as to abolish an ordinance. Mr. Bird withdrew his motion and Mr. Blair his second. Mr. Scheifley stated that he thinks they should judge each case on its individual merits and use their experience to make the decision. The City Attorney added that when the application comes in the City Manager can put it on a workshop agenda, Council can discuss it and decide if it is going to be a problem, in which case it would be circulated to everyone within 500 feet and it could also be advertised in the pres~, if Council so desires. Upon question by Mayor Weekes, the City Attorney replied that they can do this under the present ordinance. The ordinance failed for lack of a motion. Mayor Weekes declared the meeting adjourned at 8:17 P.M. y Clerk - 12 - 07/14/81 ATTEST: ~~ MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of July 14, 1981 which minutes were for- mally approved and adopted by the City Council on ~,~_ ~ ~. /~// . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 13- 07/14/81