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09-08-81 SEPTEMBER 8, 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, September 8, 1981, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, Assistant City Attorney Herbert W. A. Thiele, and Council members James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. 1. The opening prayer was delivered by Pastor Timothy Fangmeier, Trinity Lutheran Church. 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 August 25, 1981 and special meeting of September 1, 1981, seconded by Mr. Blair. Said motion passed unanimously. 4.a.1. Mr. Bird stated over the past week he has heard repeated expressions and concerns about the odor emanating from the Regional Sewer Plant. The only period that granted relief to the people who live there and relief to Council members was a period when they were using a substance known as Audophaus on a test basis for a period of about four weeks in February. He suggested that this be tried again. He does not know if it will work; his request is not based on any scientific find- ings, it is based on frustration. He asked that Council agree and in- struct the administration to enter into another 30 day period of test- ing. There is a difference between September and February when the weather was cooler and there was probably a different composition of flow to the sewer plant. Mr. Bird moved that the administration be instructed to enter into another 30 day period of testing the Audophaus material, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Scheifley stated that he would like to hear recommendations from tech- nical people. He noted that he would be reluctant to vote on this unless he heard some technical advice from a person in the field of engineering. Mr. Willard Young, Interim Director of the Wastewater Board, concurred with Mr. Bird. They have tried chlorine without any effect. Boynton has tried Audophaus and has brought down their H2S count from 10+ per million parts, down to where it is .02 or .01 and it is acting beautifully. He noted that he received a complaint from Dr. Westine who lives in that area that it has been almost unbearable. If Boynton can make that success with the use of Audophaus, he does not know any reason why Delray cannot. We do not have long lines in which the sewerage is to become septic and he is sure it would work. He would like to try almost anything to eliminate the odor coming from the plant. Mr. Blair agreed to try Audophause even on an interim basis to show the people that we are trying to do something. In reply to Mrs. Durante's question pertaining to the meas- urable results from the Audophaus test, Mayor Weekes noted that during the period that they ran the Audophaus test, it was the only time they had no odor problems or complaints with the plant. Council was told by professionals, consultants and others that as far as Delray was con- cerned, because of the shorter run from our system into the plant, chlorine would serve our purpose as well. Therefore, we have continued to use chlorine to treat our influent, and Boynton has used Audophaus because they have a longer run which causes the possibility of more septic condition in their sewer than we have. Mayor Weekes stated that he would support the Audophaus out of sheer frustration. Mrs. Durante stated that she wants to do whatever it takes to cure the problem, and she would like to have professionals consulted on the problem. Mr. Bird stated that he agreed with Mrs. Durante. He sug- gested that they give the people relief as soon as possible and sub- mitted that if they want this studied, then they should try and study this while the people are getting relief, not study in lieu of giving relief. He is prepared to try the Audophaus if only based on its past performance. The amount of cost differential between chlorine and Audophaus is not so great that we could not afford to do a 30 day test. If it turns out that it grants them no more relief than chlorine, then certainly during that interim period they could be looking for other alternatives. Mr. Scheifley stated that he feels this is an art and not a science and that the engineers do not know anything about it. When they expand and build the plant, there is still going to be odors. He feels frustrated because there is no technical advice from persons that are supposed to know something about it. He is reluctant to keep pouring money into something that is only a guess because the engineers do not have any idea of what they are doing about this problem. Mrs. Durante feels that the board, which is half the Council members, is into something that the board knows nothing about and they should get out. At this point the roll was called to the motion . 4.b.1 Mr. Blair stated that in early September he asked that a cleanup program in the City of Delray Beach be placed on workshop. He was hoping to pick a date tonight for it so they can do some preparing and planning. He would like as early as possible to discuss this at a workshop and set the particulars and also have all the Council members involved. The City Manager stated that it is scheduled for the next workshop meeting. Mr. Blair moved to plan the clean up of the City of Delray Beach on the Saturday beginning November 8th and completing it the eve of Saturday November 15th, seconded by Mr. Bird. Said motion passed un- animously. 4.c.1. Mr. Scheifley stated that on the basis of the interest so far, unless there is a terrific educational and publicity campaign within the next two weeks, the election on September 22nd will be the lowest turnout of percentage of voters in the history of any City elec- tion that has ever been held. He stated that probably 50% of Our res- idents are away, or on vacation, and very few people know about it. There are many unanswered questions concerning this bond issue and he would like to get the following information within the next 48 hours if he can: if the second bond issue for three million dollars passes what would the expense be to the City to maintain those facilities in rela- tion to supervision, electricity, landscaping, deficits for the sixteen tennis courts, etc. The City Manager advised that he would provide the information. Mr. Bird presented a letter written by the City to Mr. Ken Ellingsworth which he feels answers Mr. Scheifley's questions with regard to the manner in which the City would take care of the additional costs involved. Based on studies, it would seem that the three million dollar bond issue will take care of the City through build up. As the additional facilities come on line and those additional costs are as- sumed as a burden of running the City, there will be an additional tax base available to take care of those expenses. 4.d.1 Mayor Weekes reported that on Tuesday night September 22nd there will be a coffee-dessert reception for the City Manager at City Hall before the regular Council meeting. This will be at 6 P.M. and the public is invited to attend. It will be the City Manager's last formal meeting with this body and his last day of employment with the City. There will also be a mock Council meeting that night prior to the reg- ular Council meeting. Mr. Scheifley moved to have an expenditure not exceeding one hundred dollars for the coffee and dessert, seconded by Mr. Blair. Said motion passed unanimously. - 2 - 09/08/81 4.d.2. Mayor Weekes read a proclamation calling for a Referendum Bond Election to be held on Tuesday, September 22, 1981, between the hours of 7:00 A.M. and 7:00 P.M., and declaring the precincts and poll- ing places in the City of Delray Beach for the up coming election. 5. There were no public request from the floor. 6.b. CONSENT AGENDA The City Manager requested that item 6.b.3 be deleted from tonight's Agenda and be referred to the next workshop meeting a week from tonight. The Assistant City Attorney noted that item 6.b.ll., the City-County agreement for the recreation commitment at the City park, requires that the facilities be open to all members of the public; like in the beach renourishment contracts. That is one item to be consider- ed; also, the term of the agreement is 99 years and he would suggest something more appropriate like the life duration of the equipment. The City Manager stated that they need to consult with the County before the next workshop meeting, and come back with a revised agreement. Mr. Bird moved that item 6.b.ll be removed from the Consent Agenda, seconded by Mr. Scheifley. Said motion passed unanimously. The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (~) It is recommended that Council authorize execution of an agreement between the City and The Coca-Cola Bottling Company of Miami, Inc. relative to providing soft drinks at various City locations. Council, at the June 23rd meeting, instructed the City Attorney to draft a contract for a period not td exceed two years. (2) As discussed at the workshop meeting on September 1st, Council is to consider the reappointments of Messrs. Tore Wallin, Spencer Pompey and Michael Christensen as members of the Planning & Zoning Board to three-year terms ending September 28, 1984. Approvel is recommended. (4) It is recommended that Council accept a 10-foot easement along the south side of the Park Ten Subdivision, located off S. W. 10th Street in the vicinitY of S. W. 15th Avenue for the construction of a drainage system in the southwest section. (5) Florida Power & Light has notified the City that all new street lighting installations will consist of high pressure sodium vapor type. In addition, all present mercury vapor street lighting must be converted to sodium vapor by 1985. Under the new rate schedule, the City will save approximately 10% and a higher level of lighting will be provided. It is recommended that Council authorize execution of the agreement. (6) The following bids have been received for two squad type rescue vehicles: Bidder Quotation Emergency One $50,000 Ocala First Response, Inc. 53,560 New Smyrna Beach Florida Fire Equipment 65,000 North Lauderdale It is recommended that the vehicles be purchased from the low bidder, Emergency One, in the amount of $50,000 with funds to come from the General Obligation Bonds, Series 1980. - 3 - 09/08/81 (7) Only one bid was received for three self-contained field telemetry units which met all City specifications and the units will be compatible with existing equipment. It is recommended that the field telemetry units be pur- chased from Motorola, Ft. Lauderdale, in the amount of $20,524 with funds to come from the General Obligation Bond, Series 1980. (8) The following bids have been received for two portable defibrillators, cardioscopes and recorders for the Fire Department: Bidder Quotation Motorola $11,980 Ft. Lauderdale, FL Physio-Control - Life Pak 5 12,930 Atlanta, GA It is recommended that the equipment be purchased from Physio-Control - Life Pak 5 in the amount of $12,930, with funds to come from the General Obligation Bonds, Series 1980. The Fire Department is currently using Life Pak 5s and the compatibility to our existing equip- ment would be an advantage. (9) It is recommended that Council approve an agreement with Lakeside for a traffic impact fee and to authorize the use of the same agreement for other developments for which a traffic or road improvement fee has been required as a condition of development approval. (10) It is recommended that the amendment to the City Coun- cil policy statement of August 11, 1981 on recreation fees for multi- family developments and hotels and motels be approved. (12) The City is in receipt of an application from South- ridge Associates, Inc., for City water and sewer service to serve 2.54 acres on Linton Boulevard, one-half mile east of 1-95, which is outside the City. Present use is vacant and proposed use is for two-story garden condominiums. 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. (13) The City is in receipt of an application from South- ridge Associates, Inc., for City water and sewer service to serve 8.05 acres on Linton Boulevard, one-half mile east of 1-95, which is outside the City. Present use is vacant and proposed use is for two-story garden condominiums. 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 ap- plicants. (14) A communication has been received from the Area Plan- ning Board dated August 20, 1981, requesting A-95 Clearinghouse review and comment relative to the application for federal funding assistance for Emerald Sands, located on the north side of Linton Boulevard between S. W. 15th Avenue and S. W. llth Avenue. This property is designated as RM-6 (Multiple Family Dwelling) District on the City's Land Use Plan and is consistent with adopted plans and policies. A letter dated August 26th from the City Manager to the APB states that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disap- proval. Approval is recommended. Mrs. Durante moved to adopt the Consent Agenda as amended, seconded by Mr. Bird. Said motion passed unanimously. - 4 - 09/08/81 !33 REGULAR AGENDA 6.c. The City Manager reported that Council is to hold a public hearing on the 1981-82 budget in order to conform with the City Charter requirements. The City Manager referred to the various funds and stated the amounts for legal reasons as follows: 1. General Fund in the amount of revenue and expenses $14,901,615; in all cases the estimated revenue and expenses balance out. 2. Water and Sewer Fund - $6,475,780 3. Delray Beach Country Club - $950,525 4. Cigarette Tax Fund - $152,500 5. Utilities Tax Fund - $1,187,000 6. Federal Revenue Sharing Fund - $407,915 7. Central Garage 'Fund, which is a new one in the coming years budget - $280,210 The City Manager reported that after the presentation of the originally proposed budget Council held a Workshop meeting on August 17 and arrived at a consensus that was conveyed to the City administration; one of the items was that they come back with a balanced budget of 7 Mills. The administration was told by Council to include it in the revised proposed budget, which they did. A public hearing will be held on the budget September 22, and will have incorporated into that t~e 7 Mills, the revised figures, programs and policies as decided by Council at a prior meeting. Mayor Weekes stated that the public hearing is now opened on the proposed budget for the City of Delray Beach Fiscal Year 1981-1982. 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. Mayor Weeks stated that the proposed budget upon which the tax notices were based was the one originally proposed by the Admin- istration, not the one which was subsequently, tentatively approved by this Council, which effected a reduction of almost 1 Mill. If the fig- ures are looked at, the increase in the City of Delray Beach will be substantially less than that which is shown on the proposed bill. Upon question by Mrs. Phyllis Plume, Maygr Weekes stated that the final millage rate was about 7 mills including bonded indebt- edness. The operating millage is approximately 6.2 mills; that is in light of a State mandating cap of 10 mills. Upon question from a member of the audience regarding the percentage increase over last year, Mayor Weekes stated that our in- crease was very nominal, based on the roll-back millage which was ap- proximately 4%. The City Manager stated that a lot of the 58% increase referred to is due to new construction, rather than the increase in assessed valuation. - 5 - 09/08/81 Mayor Weekes stated that a lot of it is assessed valuation; the tax appraisor gives the City of Delray Beach and all other cities what they call a roll-back millage, which is a millage that they must adhere to if they are to maintain the equivalant level. Also, the in- crease in assessments are taken into account. The Council has come within 4% of achieving this roll-back millage. Mayor Weekes declared the public hearing closed. 6.d. The City Manager reported that Council is to hold a public hearing on the allocation of Federal Revenue Sharing Funds. The City Manager stated that he has mentioned the Federal Revenue Sharing Funds portion of the budget briefly; specifically, the amount in next year's proposed budget, which is a total of $407,915.00; the purpose has been discussed a number of times at past meetings. 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. 6.e. The City Manager reported that Council should consider designating a Council Member as a representative for the testing on Thursday, September 17, 1981, of the Automatic Tabulating Equipment at the Voting Equipment Center, Palm Beach International Building, relative to the referendum bond election which will be held on Tuesday, September 22, 1981. It is recommended that a Council Member be designated as a representative for the testing. Mr. Bird stated that he has occasion to be in West Palm Beach on the 17th and would volunteer to assist the City Clerk in this duty. Mr. Scheifley moved that Mr. Bird be appointed as the rep- resentative for testing the Automatic Tabulating Equipment relative to the referendum bond election, seconded by Mr. Blair. Said motion passed unanimously. 6.f. The City Manager reported that as discussed at workshop on September 1, 1981, it is recommended that Council authorize the for- mation of a Committee to study Business License Fees and take such other action on this item as desired. The City Manager stated that a modification of the business licenses ordinance was decided upon informally and it was determined at that time that Council would appoint a committee to study the whole business license fee structure. Mayor Weekes stated that he feels that all of the Council members recognize that the present structure of the occupational li- censes fees is in utter chaos. It is his suggestion to either have Council appoint a committee or have the Council authorize the Mayor to appoint a committee to study the occupational license ordinance. He suggested that a seven member committee made up from possibly someone from Council, a representative, one or more, from the Chamber of Com- merce, the Downtown Development Authority, and other civic minded cit- izens. Mr. Scheifley moved that Mayor Weekes be authorized to appoint an ad-hoc committee of seven to study and make recommendations concerning business licenses, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Scheifley-~tated at the time they discussed abolishing the Financial AdvisQry Board, it was suggested by several Council members that when appointments to ad-hoc committees are made that they utilize the talents of those who have served on the Financial Advisory Board; this is an example where former members of the Board might be willing to devote their time and effort to such a committee. Mr. Bird stated that he received in addition to his licenses from the City of Delray Beach, a tax notification from ~h~ County f~r - 6 - 09/08/81 135 his inventory which was used as a basis for his license fee. Mr. Bird ~sked Mr. Huddleston if the Finance Department had any idea what will be zeceived from the ad valorem business tax which is applied to the in- ventories. Mr. Bird suggested that before this ad-hoc committee meets, it should probably have that figure because that figure was almost as high as his license fee. It occurs to him that he is probably being abused in two directions. Upon question by Mayor Weekes, Mr. Bird replied that that tax accrues to the City. Mr. Bird added that it seems to him that they first got concerned about the merchants because of what the City was charging them but it looks like in addition to that, there is a rather substantial additional charge for the base they use to assess them. There appears to be some inequity because some of them reflected real- istic inventory figures, and others neglected to do that. He suggested looking at the whole problem because it looks as though the City's loss could be greater then just the loss from the licenses themselves. Mrs. Durante stated that she concurs with Mr. Scheifley; perhaps they could find some individuals in the community who would have some financial expertise that they could lend to Council. She would not like to put too many business people on the committee because she for one would be looking out for what she would have to pay as a business person. She would prefer an advisory type committee to review the cost of the City issuing those licenses and what they could possibly gain as a source of revenue. Mayor Weekes stated that he intends to make it as broad based as he can and asked Mrs. Durante to serve on the committee since she has a good grasp on the issue. At this point the roll was called to the motion. 8.a. The City Manager reported that Ordinance No. 42-81, amending Chapter 8 "Boats and Mooring" of the Code of Ordinances relative to anchoring and mooring of boats has been prepared for Council considera- tion on Second and FINAL Reading. This ordinance was passed on First Reading at the August 25th 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. 42-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8 "BOATS AND BOATING", ARTICLE II "ANCHORING AND MOORING", OF THE CODE OF OR- DINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMEND- ING SECTION 8-23 "MOORING TO PUBLIC PROPERTY; WHEN MOOR- ING PERMIT REQUIRED" TO REQUIRE THE PERMISSION OF THE CITY COUNCIL OR THE CITY MANAGER IN ORDER TO TIE OR MOOR ANY BOAT TO ANY CITY PROPERTY; AMENDING SECTION 8-24 "REFUSAL TO REMOVE BOAT ILLEGALLY MOORED TO PUBLIC PRO- PERTY''; AMENDING SECTION 8-25 "MOORING PERMIT REVOCA- TION''; AMENDING SECTION 8-26 "ANCHORING IN RESTRICTED AREAS; WHEN ANCHORING PERMIT REQUIRED" TO ELIMINATE ITS APPLICABILITY TO BOATS ON THE INTRACOASTAL WATERWAY; AMENDING SECTION 8-28 "DISPLAY OF ANCHORING AND MOORING PERMITS; PERMIT DURATION" TO PROVIDE THAT THE DURATION OF A MOORING PERMIT SHALL BE DETERMINED BY THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 42-81 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. 42-81 on Second and FINAL reading, seconded by Mrs. Durante. Upon roll call - 7 - 09/08/81 136 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. 62-81, has been prepared for Council consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 2 "Administration" of the Code of Ordinances relative to creating a Department of Personnel. This ordinance was passed on First reading at the August 25th 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. 62-81: 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 BY - ADDING SECTION 2-26, CREATING A DEPARTMENT OF PERSONNEL, AND SETTING FORTH THE FUNCTIONS OF THAT DEPARTMENT; AND CREATING THE POSITION OF DIRECTOR OF PERSONNEL AND PRE- SCRIBING THE DUTIES TO BE PERFORMED BY SAID DIRECTOR; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 62-81 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. Upon question by Mr. Sam Portnay, Mayor Weekes stated that previously personnel matters of the City have been handled by a per- sonnel assistant, which is really an assistant for personnel to the City Manager. The Administration felt with the number of employees that the City has at this time and the number of duties that the position entails not the least of which is labor union negotions, etc. that it should be headed by a full department head and it changes the personnel assistant to a Department Head. The public hearing was closed. Mr. Scheifley moved for the passage of Ordinance No. 62-81, on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - No; Mr. Bird - No; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. 8.c. The City Manager reported that Ordinance No. 48-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building heights has been prepared for Council consideration on First Reading. Council, at the August 18th workshop meeting, instructed the City At- torney to prepare the ordinance. The City Manager presented Ordinance No. 48-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 30-5 "R-1AAA, R-iAAA-B, R-1AA, R-1AA-B, R-lA, R-lA-B, SINGLE FAMILY DWELLING DISTRICTS (I) BUILDING HEIGHT" OF SAID CODE ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS; REPEALING SECTION 30-8 "RM-15 MULTIPLE FAMILY DWELLING DISTRICT (I); BUILDING HEIGHT AND ENACTING NEW SECTION 30-8 (I); AMENDING SECTION 30-8.1 "PRD-4 PLANNED RESIDENTIAL DIS- TRICT (H) BUILDING HEIGHT, (1) SINGLE FAMILY DETACHED" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMIATIONS; AMENDING SECTION 30-8.3 "PRD-7 PLANNED RESIDENTIAL DIS- TRICT (H) BUILDING HEIGHT (1) SINGLE FAMILY DETACHED" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS; - 8 - 09/08/81 137 AMENDING SECTION 30-8.2 "PRD-10 PLANNED RESIDENTIAL DISTRICT (H) BUILDING HEIGHT, (1) SINGLE FAMILY DETACHED AND (2) MULTIPLE FAMILY"; AMENDING SECTION 30-10 "CC COMMUNITY COMMERCIAL DISTRICT (H) BUILDING HEIGHT" ELIM- INATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-11 "GC GENERAL COMMERCIAL DISTRICT (H) BUILDING HEIGHT" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-12 "SC SPECIALIZED COMMERCIAL DISTRICT (H) BUILDING HEIGHT" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIM- ITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-13 "CBD CENTRAL BUSINESS DISTRICT (H) BUILDING HEIGHT" BY ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMEND- ING SECTION 30-13.1 "LC LIMITED COMMERCIAL DISTRICT (G) BUILDING HEIGHT" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS AND REDEFINING HEIGHT LIMITATION; AMENDING SECTION 30-14 "LI LIGHT INDUSTRIAL DISTRICT (H) BUILDING HEIGHT" BY REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-15 "MI MEDIUM INDUSTRIAL DISTRICT (H) BUILDING HEIGHT" BY REDEFINING HEIGHT LIMITATION; RE- PEALING SECTION 30-15.1 "SAD SPECIAL ACTIVITIES DISTRICT (H) BUILDING HEIGHT" AND ENACTING NEW SECTION 30-15.1 (H) REDEFINING THE HEIGHT LIMITATION; AMENDING FOR RESIDEN- TIAL, COMMERCIAL AND INDUSTRIAL USES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Blair moved for adoption of Ordinance No. 48-81 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Du~ante - 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. 58-81, amending Chapter 9 "Buildings and Construction", Article VI "Electricity" of the Code of Ordinances relative to prohibiting the use of aluminum con- ductors of any type in the City has been prepared for Council considera- tion on First Reading. At the City Attorney's request, the ordinance was deferred at the August 25th meeting since changes were to be made. The City Manager presented Ordinance No. 58-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION", ARTICLE VI "ELECTRICITY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-152 "SPECIAL REGULATIONS GENERALLY" PARAGRAPH (t) TO PROHIBIT THE USE OF ALUMINUM CONDUCTORS OF ANY TYPE ANYWHERE IN THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for passage of Ordinance NO. 58-81 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e The City Manager reported that Ordinance No. 63-81, amending Chapter 11 "Fire Protection and Prevention" of the Code of Ordinances relative to automatic sprinkler systems has been prepared for Council consideration on First Reading. This was discussed at the July 21st workshop meeting. - 9 - 09/08/81 138 The City Manager presented Ordinance No. 63-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 11 "FIRE PROTECTION AND PREVENTION", ARTICLE II "FIRE PREVENTION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMEND- ING SECTION 11-18 "SECTION 14.4 OF CODE AMENDED: AUTO- MATIC SPRINKLER SYSTEM" TO REQUIRE AUTOMATIC SPRINKLER SYSTEMS IN ALL BUILDINGS MORE THAN FOUR (4) STORIES OR FIFTY (50) FEET ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT VEHICLE ACCESS; ENACTING SECTION 11-27 "REQUIREMENTS FOR INSTALLATION OF FUEL TANKS" TO IMPOSE VARIOUS REQUIRE- MENTS ON THE INSTALLATION OF FUEL TANKS; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for passage of Ordinance No. 63-81, on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Scheifley stated that the language is redundant after taking action on the previous ordinance,since they just eliminated all buildings of over four stories, and now they are requiring sprinkler systems on all stories above the fourth; it appears that the language is not consistant with the ordinance which was just passed. A gentleman from the audience commented that there are still a few buildings being built that exceed the four floor height limiation. Mayor Weekes noted that there are also existing buildings which might be substantially renovated at some time in the future, and they might come under this ordinance. Mr. Sam Portnay was concerned if the City had the water pressure that will go three or four stories high. Mayor Weekes stated that he believed that they are required to have pumps on the site. Mr. Portnay stated that the average four story building does not.have a pump. He agreed with Mayor Weekes that the code may require it, but do they have it. Mr. Blair noted that under the new four story height limita- tion the City could have some 60 foot buildings in the industrial and SAD districts. At this point the roll was called to the motion. 8.f The City Manager reported that Ordinance No. 64-81, amending Chapter 19 "Planning and Zoning Generally" of the Code of Ordinances relative to members of the Board of Adjustment serving on other boards - has been prepared for Council consideration on First Reading. Council, at the August 18th workshop meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 64-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 19, "PLANNING AND ZONING GENERALLY", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 19-2, "COMPOSITION OF BOARD; QUALI- FICATIONS OF MEMBERS", BY DELETING THE BOARD OF ADJUST- MENT EXCEPTION TO PROHIBITION OF MEMBERS HOLDING ANOTHER POSITION UNDER THE CITY GOVERNMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 10 - 09/08/81 The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 64-81, on First Reading, seconded by Mr. Blair. Upon roll call Council voted as fol- lows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.~. The City Manager reported that Ordinance No. 65-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to paving re- quirements for off-street parking has been prepared for Council con- sideration on First Reading. Council, at the May 5th workshop meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 65-81: 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 30-18 "OFF-STREET PARKING REGULATIONS", SUBSECTION (B) "GENERAL REQUIREMENTS", PARAGRAPH 5 "PARK- ING GEOMETRICS, MARKING AND SIGNING" TO PERMIT THE PLACE- MENT OF A SOD SURFACE OVER A STABLIZED BASE FOR THE ONE-HALF PARKING SPACE REQUIRED UNDER SECTION 30-18(F) (1) (b) FOR MULTI-FAMILY UNITS HAVING THREE OR MORE BEDROOMS; AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", SUBSECTION (F) "PARKING REQUIREMENTS" PARAGRAPH (1) "RESIDENTIAL" TO PROVIDE THAT FOR A MULTI- FAMILY UNIT HAVING THREE OR MORE BEDROOMS, THE ONE-HALF PARKING SPACE REQUIRED SHALL CONSIST OF A SURFACE OF SOD OVER A STABILIZED BASE; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 65-81, on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: The City Manager clarified for Mr. Bird, that "the surface of sod over a sta- bilized base shall be acceptable", sub-paragraph 5(b), is an option of the developer and is not mandatory. At this point the roll was called to the motion. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on August 25th, recommended by unanimous vote that the final plat for Crosswinds (Phase II), located on the south side of Linton Boulevard, between the E-4 Canal and Dover Road be approved, subject to: 1) Director of Public Utilities' memorandum of August 5th. 2) That the developer pay to the City, the sum of $382,000 as payment in lieu of the required park and recreation land dedication. This was discussed at the workshop meeting on September 1st. Mrs. Durante moved to sustain the recommendation of the Planing & Zoning Board, seconded by Mr. Scheifley. Upon roll call Coun- cil voted as follows: Mr. Scheifley ~ Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - No. Said motion passed with a 4 to 1 vote. Befor~ roll call the following discussion was had: Mr. Charles Radice, representing Crosswinds, stated, for the record, that he has made all his positions clear before Planning & Zoning and before Council. As it was proposed to them there would be a maximum ~f - 11 - 09/08/81 $1,000 per unit, or such less a sum as set forth in the ordinance. They feel that in this late stage of the project when everything has been. approved, (the site plans, Phase I Plat), that the Phase II Plat could have been approved last month and it would not have been affected by this. Work, in fact, has commenced on the entrance for Homewood Boul- evard, and financing is in place. They truly feel, with respect to this project, that at this late date to tag it with this fee is unfair and improper, particularly since they are being tagged with an ordinance that has yet to come up on the agenda, let alone be approved publically. They appreciate what Council is trying to do for the City, but feel it is unfair to tag the Crosswinds Project with the assessment at this time. Mayor Weekes stated that the time this should be assessed is at the site plan approval. Men it comes to Council for final plat approval, it really is an unfair imposition; it comes almost after the fact. He supports the principal of what Council is doing, but he does not support the way in which it is being implented in this instance and will vote against the motion. At this point the roll was called to the motion. Mayor Weekes declared the meeting adjourned at 8:10 P.M. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the C~ity of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of September 8, 1981, which minutes were formally approved and adopted by the City Council on ~ Cit----~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. - 12 - 09/08/81