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10-13-81 OCTOBER 13, 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, October 13, 1981, with Mayor Leon M. Weekes, presiding and City Manager Robert H. Fisk, City Attorney Roger Saberson, and Council members Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. Council member Scheifley was absent. 1. The opening prayer was delivered by Reverend Ronald Martin, Cason United Methodist 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 September 22, 1981 and the special meetings of September 15, 1981, September 17, 1981, September 24, 1981, September 29, 1981 and October 1, 1981, seconded by Mrs. Durante. Said motion passed unani- mously. 4.a.1. Mr. Bird reported that at last week's workshop meeting, in his absence, there was an item concerning the forming of a study group to research whether or not this city and other cities should become involved in cultural activities as a result of the bed tax, if and when the bed tax is ever enacted. Council chose not to become involved at that time. Mr. Scheifley's opposition, as he understood it, was that he thought the funds would be better served by being used for recreational activities, namely the beach. At this time, that is not an option. Mr. Bird suggested that they join with Boca Raton and Boynton Beach and investigate what cultural activities may be of interest to the community and whether or not they would be appropriately funded by the bed tax, if enacted. Mr. Bird moved that Delray Beach join in the study group and that the Mayor be authorized to contact such members of the community as he thinks would be appropriate to serve on such a committee, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Blair stated he is in favor of a study group as long as they are not committing themselves to any funds; Mr. Bird concurred. Mrs. Durante stated that her only objection is to a cultural center being a govern- mental operation. Mayor Weekes advised that the reason he brought this to Council is because Mayor Konrad of Boca Raton came to him with it and he felt that he had no right to support this without the concurrence of Council. At this point the roll was called to the motion. 4.a.2. Mr. Bird suggested that they declare a moratorium on all studies until they can ascertain their worth as viewed by whomever their new City Manager should be and that they formally ask Mr. Fisk to notify those individuals, such as MICA, who are conducting studies that their studies be put in abeyance. Mayor Weekes suggested that they discuss this at workshop next Tuesday at which time representatives of MICA will be present. Mrs. Durante stated that it was Council, not the Admini- stration, who gave MICA the instructions on what should be studied. Mr. Bird replied that there has been a change in the Administration and some of the reasons why they made those choices do not exist. Upon question by the City Manager, Mr. Bird replied that this would only apply .to management studies, not engineering studies. It was the consensus of Council to discuss this at the next workshop meeting. 4.a.3. Mr. Bird stated that items (10) and (11) on the Consent Agenda deal with the issuance of water and sewer service outside the City. While he knows that customarily when they issue such authority they state that it is "subject to availability", given the ongoing fair to inform anyone coming in at this time requesting sewer service that while the City may grant them an authorization, they are not giving them any guarantees. Last February they were looking at about 7-7% million gallons in flow. They have already issued similar authority to thousands of additional units that have yet to be built and these would be first in line. He feels this should be made abundantly clear. They should be very strong in a statement of where they stand as of today and what their expectations are for the future, so they will not be accused of misleading anyone. Mayor Weekes concurred and suggested that Mr. Fisk extract Mr. Bird's statement from the minutes of this meeting and attach it to the letter of approval. 4.b.1. Regarding Item (3) of the Consent Agenda, flower beds, Mr. Blair advised that he went to a Beautification Committee meeting and this was one of the items they discussed. The Committee feels that flower beds would be fine this year but they could do much better next year by eliminating flower beds and letting Nancy Reinhart, Horticul- turist, come up with a more permanent planting on these islands at much less cost. Mr. Bird advised that he received a memorandum from Nancy Reinhart and her feeling is that if some portion of that money in the budget could be turned over to her to plant trees and flowering shrubs, it would be a better use of the City's money and would provide a more permanent solution to the beautification of those entrances as well as some much needed improvement to city parks. Mayor Weekes requested that they remove item (3) from the Consent Agenda and discuss it immediately following the Consent Agenda. 4.b.2. Mr. Blair requested that Council instruct the Mayor to proclaim the week of November 7 - 14 as "Cleanup Week" and that they schedule a discussion of the Cleanup Campaign for the next workshop meeting. The Beautification Committee has agreed to do all they can to help make this Cleanup Campaign a success. It was the consensus of Council to discuss this at the next workshop meeting. 4.c.1. Mrs. Durante noted that some time ago Council voted to have a barbecue in recognition of volunteer board members. She has been asked to work on the planning of it and she recommends that it be held on November 5, 1981 from 4:00 to 6:00 P.M. at Pompey Park; Council concurred. Mrs. Durante requested that the Mayor issue a proclamation proclaiming November 5th as "Volunteers Day". She suggested that some type of award be presented to each of the volunteers. Mr. Bird replied he feels that an annual recognition is sufficient; Mayor Weekes con- curred. It was the consensus of Council to have the barbecue and the proclamation. 4.d.1. Mayor Weekes presented and read a proclamation proclaiming October 15, 1981 as "Credit Union Day". Mrs. Jackie Howard, President of the Delray Beach Municipal Employees Credit Union, came forward to accept the proclamation. 5.a. Mr. William Howard, 200 N.W. 2nd Street, made reference to a letter which appeared recently in the Delray Beach News Journal. The letter, written by Attorney Neil MacMillan, objected to the $25,000 in separation pay which was given to former City Manager J. Eldon Mariott. 5.b. Mr. Sam Portnay, representing High Point Section 6, stated that at the last workshop meeting he asked for the forthcoming water rate so they would know how to set up their budget for the coming year. Mayor Weekes replied that they have a water and sewer rate study in progress now and until they get that report, it is impossible to answer the question. He was told today that it would be about two weeks before the report would be ready. - 2 - 10/13/81 6.a.1. The City Manager reported that they have received a recom- mendation from the Chamber of Commerce regar, ting a solicitation request from Community Chest for February 8-22, 1982. Mr. Bird moved for approval, seconded by Mr. Blair. Said motion passed unanimously. 6.a.2. The City Manager reported that the Police Department has two dogs which have been trained as police dogs. One dog, Lobo, has flunked all of his training tests and it is recommended that he be given to the officer who trained him. The other dog, Damean, was trained in such a way that he cannot be transferred from one handler to another. As Damean's handler is leaving the Police Department, it is recommended that the dog be allowed to go with him. The City Manager asked about the liability if the dogs should hurt someone afterwards. The City Attorney replied, if Council is agreeable, he would like to discuss the matter with their insurance consultants before a final decision is made. Mrs. Durante moved to accept the recommendation of the Administration subject to checking out the liability aspects with their carrier, seconded by Mr. Blair. Said motion passed unanimously. 6.a.3. The City Manager reported that two quotations have been received for the purchase of 510 batteries for 85 golf carts for the Delray Beach Country Club: Electro Services 510 batteries installed in 85 carts with all new cables @ $38.832 each + $11.00 per cart instal- ation $19,805.00 Club Car 510 batteries installed in 85 carts with all new cables @ $42.60 $21,726.00 It is recommended that the quotation of Electro Services be accepted and the batteries put on order. $25,000 has been budgeted for this item. Mr. Bird moved to accept the recommendation of the Admini- stration, seconded by Mr. Blair. Said motion passed unanimously. 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 October 6th workshop meeting, Coun- cil is to consider the sale of 1.8 acres, without right-of-way, of City property to Trinity Evangelical Lutheran Church and School, located north of Lake Ida Road adjacent to the church, for the sum of $55,000 with closing costs to be split equally between the City and the church. This item is on the agenda at this time for Council to authorize adver- tising of the proposed sale in accordance with City ordinances. It is recommended that Council authorize advertising the sale. (2) It is recommended that Council authorize execution of Interlocal Agreement between the City and Palm Beach County relative to Community Development Block Grant program as discussed at workshop on October 6th. (4) It is recommended that Council authorize execution of a license agreement between the Cities of Boca Raton and Delray Beach for a fixed assets computer program. The license agreement calls for a one-time non-refundable charge of $3,000 payable to the City of Boca for the license software package. - 3 - 10/13/81 (5) As discussed at the Octobe~ 6th workshop meeting, Council is to consider an additional architecuural fee of $15,000 for the Public Works Complex. Increases were caused by a delay in com- mencing work and by additional services in engineering, drafting and design. Approval is recommended. (6) It is recommended that Council authorize execution of a lease agreement between the City and Palm Beach County for the Catherine Strong Recreational Center for the period from October 1, 1981 through September 30, 1982. (7) As discussed at the October 6th workshop meeting, Council is to consider the request of the Full Gospel Church to hold a tent revival from October 29th through November 14, 1981 on the north side of West Atlantic Avenue between 10th and llth Avenues. It is recommended that this request be denied. (~) The following bids have been received to operate the restaurant and bar at the Delray Beach Country Club: Quotation Bidder (Rent to City) Larry Ward Food Service, Inc. $17,000 Boca Raton Maryann Moore 3,600 + % of net sales Delray Beach It is recommended that the lease agreement be made with Larry Ward Food Service, Inc. in the amount of $17,000. (9) The City is in receipt of an application from Exxon Company U.S.A., Division of Exxon Corporation for City water and sewer service to serve the northwest corner of Atlantic Avenue and Congress Avenue, which is outside the City. The property is presently used as a gas station. 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. (10) The City is in receipt of an application from Delray Land Developers, Inc., a Florida Corporation for City water and sewer service to serve 6.682 acres, located on Atlantic Avenue between Barwick Road and Military Trail, which is outside the City. The property is presently vacant and the proposed use is for professional offices. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to pro- vide the requested water service to the applicant. (11) The City is in receipt of an application from Evans M. and Jane E. Clements for City water and sewer service to serve 17.627 acres located adjacent to the Intracoastal Waterway, east of U.S. No. 1, north of Palm Trail, which is outside the City. The property is pre- sently vacant and the proposed use is for multi-family residential units. 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) The following bids have been received for roadway paving at S.E. 1st Avenue from S.E. 8th Street to S.E. 9th Street: Bidder Quotation Hardrives, Inc. $22,175.00 Delray Beach Ranger Construction Industries, Inc. 26,653.50 West Palm Beach - 4 - 10/13/81 173 It is recommended that the contract be awarded to the low bidder, Hardrives, Inc. in the amouat of $22,175.00 by adoption of Resolution No. 80-81 with funding by special assessment. The caption of Resolution No. 80-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR ROADWAY PAVING PROJECT NO. 06-01-81-DB AT S.E. 1ST AVENUE FROM S.E. 8TH STREET TO S.E. 9TH STREET, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 80-81 is on file in the official Resolution Book) (13) The following bids have been received for roadway paving at S.W. 10th Avenue between S.W. 4th Street to serve Carver Estates: Bidder Quotation Hardrives, Inc. $61,525.00 Delray Beach Ranger Construction Industries, Inc. 84,296.20 West Palm Beach It is recommended that the contract be awarded to the low bidder, Hardrives, Inc. in the amount of $61,525.00 by adoption of Resolution No. 81-81 with funding to come from the proceeds of the sale of City lands. Council, at the January 13, 1981 meeting, approved paving of the road. · The caption of Resolution No. 81-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE ROADWAY PAVING PROJECT NO. 08-10-81-DB AT S.W. 10TH AVENUE BETWEEN S.W. 4TH STREET TO CARVER ESTATES, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 81-81 is on file in the official Resolution Book) (14) Resolution No. 82-81 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RS (Residential Single Family) (County) to RM-10 (Multiple Family Dwelling) District (City), located on the south side of Avenue "L" between Frederick Boulevard and Spanish Trail is before Council for consideration. Approval is recommended. The caption of Resolution No. 82-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS-RESIDENTIAL (SINGLE FAMILY) TO THE CITY'S ZONING CLASSIFICATION RM-10 (MULTIPLE FAMILY DWELLING) DIS- TRICT. (Copy of Resolution No. 82-81 is on file in the official Resolution Book) - 5 - 10/13/81 174 (15) Resolution No. 83-81 requesting permission from the P~lm Beach County Board of Commissioners to rezone land to be annexed from RS (Residential Single Family) (County) to RM-10 (Multiple Family Dwelling) District (City), located on the west side of Florida Boule- vard, between LaMat Avenue and Avenue "J", is before Council for con- sideration. Approval is recommended. The caption of Resolution No. 83-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171,062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS (RESIDENTIAL SINGLE FAMILY) TO THE CITY'S ZONING CLASSI- FICATION RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 83-81 is on file in the official Resolution Book) (16) The following bids have been received to supply and install a new 100 H.P. pump in Lift Station No. 1: Bidder Quotation United Steel Erectors, Inc. $35,680.00 Hollywood R. J. Sullivan Corporation 35,950.00 Coral Springs It is recommended that the contract be awarded to the low bidder, United Steel Erectors, Inc. in the amount of $35,680.00 by adoption of Resolution No. 84-81 with funds to come from funds allotted in the 1981-82 budget. The caption of Resolution No. 84-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF CONTRACT TO SUPPLY AND INSTALL A NEW 100 H.P. PUMP IN LIFT STATION NO. 1. (Copy of Resolution No. 84-81 is on file in the official Resolution Book) (17) Resolution No. 85-81 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural) (County) to SAD (Special Activities) District (City), located at the southwest corner of Congress Avenue and German- town Road is before Council for consideration. Approval is recommended. The caption of Resolution No. 85-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AG (AGRICULTURAL) TO THE CITY'S ZONING CLASSIFICATION SAD (SPECIAL ACTIVITIES) DISTRICT. (Copy of Resolution No. 85-81 is on file in the official Resolution Book) - 6 - 10/13/81 175 (18) The Planning & Zoning Board at a meeting held on September 21st, recommended by unanimous vote that the conditional use to allow a medical office building for Dr. Beroza in the RM-10 (Multiple Family Dwelling) District, located at the northeast corner of N.E. 5th Street and N.E. 2nd Avenue, be approved subject to: (a) City Engineer's memorandum of August 12th. (b) Director of Public Utilities memorandum of August 7th. (c) A time limitation of 12 months be set for develop- ment of the project. Approval is recommended (19) The Planning & Zoning Board at a meeting held on September 21st, recommended by unanimous vote that the conditional use to allow a church in the R-1AA (Single Family Dwelling) District, Delray Church of the Nazarene, located on the east side of Swinton Avenue between Coconut Road and Pineridge Road be approved, subject to: (a) City Engineer's memorandum of August 12th. (b) Director of Public Utilities' memorandum of August llth. (c) A time limitation of 12 months be set for develop- ment of the project. (d) That the sidewalk requirement be waived. Approval is recommended. Mrs. Durante moved for adoption of the Consent Agenda minus item 6.b.(3), seconded by Mr. Blair. Said motion passed unanimously. REGULAR AGENDA 6.b.3. The City Manager reported that Mr. Louis Rauth the Flower Man, Inc., has maintained flower beds for the City at the north and south entrances to the City for the past two years. As discussed at the October 6th workshop meeting, Council is to consider the addition of a third flower bed to be located on West Atlantic Avenue near the Delray Beach sign. Cost for this service for one year will be $6,000. Ap- proval is recommended. Mrs. Durante moved to send this item to workshop and have a report from the Administration on where they are going to put the beds, what they are going to put in, and reconsider the whole item, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird stated that he does not know what the critical time is for transplanting flowers and shrubs; he would not like to see this unduly delayed. The City Attorney suggested the holding of a special meeting. Mrs. Durante suggested that they find out from the horticulturist if two weeks would be critical; if so, they can hold a special meeting, and if not they can come back to this item at their next regular meeting in two weeks. At this point the roll was called to the motion. 6.c. The City Manager reported that as discussed at the workshop meeting on October 6th, Council is to consider reactivating the Delray Beach Country Club resort membership fee. The Administration recommends that the coupon system be used instead of club membership and that coupons sold to clubs or time sharing resorts be issued for one person and sold at regular greens fee prices. Mr. Bird moved to approve the recommendation of the Admini- stration subject to those resorts being limited to the use of four coupons in any playing day, seconded by Mr. Blair. Said motion passed unanimously. - 7 - 10/13/81 176 Before roll ~q. all, Frank Clark, Pro-Manager, explai~led that the only way they ~could~keep a tally on coupons would be to have some type of stamp. At this~poic~t th6 roll was called to the motion. 6od. The City Manager reported that the following bids have been received for the purchase of two riding greens mowers for the Delray Beach Country Club: Bidder Quotation Degens Turf & Garden $14,560 (Hahn) Miramar Hector Turf & Garden 15,730 (Toro) - Miami DeBra 16,590 (Jacobsen) Hollywood It is recommended that the purchase be made from DeBra in the amount of $16,590 with funds budgeted in the 1981-82 budget. The Hahn and Toro mowers did n6t meet City specifications. The Jacobsen mower meets City specifications; the performance of the unit and the quality of the cut is superior to other models. Mr. Blair moved to accept the Administration's recommenda- tion, seconded by Mr. Bird. Said motion passed unanimously. 6.e. The City Manager reported the following bids have been re- ceived for the purchase of an in-station air system for the Fire Depart- ment. This system is to be used to fill the self-contained breathing apparatus air bottles. BidderJ Quotation Mako Compressors $ ..7,834.20 Ocala, FL Pressure Systems, Inc. 7,832.75 Pleasant Garden, NC American Bristol Ind. 13,563.00 Harbor City, CA It is recommended that the purchase be made from Mako Com- pressors in the amount ~of $7,834.20 with budgeted funds. The price difference between ~a~o~'and Pressure Systems, Inc. is $1.45. By virtue of the Ocala location, it is felt that Mako can provide a higher level of service and assistance. Mr. Bird moved to accept the recommendation of the Admini- stration, seconded by Mr~-~Btair. Said motion passed unanimously. 8.a. The City 5~.~[. reported that Ordinance No. 68-81, amending Chapter 16 "Offenses-M~sce~laneous'' of the Code of Ordinances relative to increasing the per~if%-~f~ee and electrical service fee related to the erection and dismantl~,n.g:~.~,f tents is before Council for consideration on Second and FINAL Read~'ng?~ This ordinance was passed on First Reading at the September 22nd m~e~g. Prior to consideration of passage of this ordinance on Second a~iNA~, Reading, a public hearing has been sche- duled to be held at this time. The City Ma.n~/~ presented Ordinance No. 68-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 OFFENSES-MISCELLA- NEOUS'' ARTICLE I "IN GENERAL", SECTION 16-3 "ASSEMBLIES IN .... ~ ..... ~ ...... STRUCTURES" u~ ~n~. ~uu~. u~ ORDINANCES - 8 - 10/13/81 177 THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION (C) "PREREQUISITI:S 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. (Copy of Ordinance No. 68-81 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 passage of Ordinance No. 68-81 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Bird stated that if they permit elec- tric service for a tent, they must send the City electrical inspector out to inspect it; he questions whether the $10 fee is enough. The City Manager stated he feels that $10 is a fair price for the amount of inspection needed for the installation of one tent. At this point the roll was called to the motion. 8.b. The City Manager reported that Ordinance No. 69-81 relative to annexing a parcel of land located on the north side of Collins Avenue between Dixie Highway and Miami Avenue subject to RM-10 (Multiple Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as RH (Residential Multi- ple Family-High Density). Council, at the September 1st workshop meet- ing, instructed the City Attorney to prepare the ordinance effecting the annexation. Second and FINAL Reading and public hearing will be held at the November 10th meeting. The City Manager presented Ordinance No. 69-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 17, BLOCK 2, SILVER TERRACE, ACCORDING TO THE PLAT THERE- OF, RECORDED IN PLAT BOOK 11, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND IS LOCATED ON THE NORTH SIDE OF COLLINS AVENUE, BETWEEN DIXIE HIGHWAY AND MIAMI BOULEVARD, ?~ICH LAND IS CONTI- GUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 69-81 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mrs. Dur~nte - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.c. The City Manager reported that Ordinance No. 70-81 relative to annexing a parcel of land located on the north side of C-15 Canal, between Military Trail and the E-4 Canal subject to R-1AA (Single Family Dwelling) District is before Council for consideration on First Reading. Council, at the September 1st workshop meeting, instructed the City Attorney to prepare the ordinance effecting the annexation. Second and FINAL Reading and public heari.ng will be held at the November 10th meeting. - 9 - 10/13/81 178 The City Manager presented Ordinance No. 70-81: 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 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST AND SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 70-81 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mr. Blair left the meeting for the discussion on item 8.d. 8.d. The City Manager reported that Ordinance No. 71-81 relative to annexing a 6.14 acre parcel of land located at the southwest corner of Congress Avenue and Germantown Road, subject to SAD (Special Activi- ties) District is before Council for consideration on First Reading. This property is presently zoned in the County as AG (Agricultural). Council, at the October 6th workshop meeting, instructed the City Attor- ney to prepare the ordinance effecting the annexation. Second and FINAL Reading and public hearing will be held on November 10th. The City Manager presented Ordinance No. 71-81: 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 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTHWEST CORNER OF CON- GRESS AVENUE AND GERMANTOWN ROAD, WHICH LAND IS CONTI- GUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 71-81 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. Mr. Blair returned to the meeting at this time. 8.e. The City Manager reported that Ordinance No. 72-81, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances rela- tive to signs and billboards is before Council for consideration on First Reading. This was discussed at the workshop meeting on October 6th. The City Manager presented Ordinance No. 72-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION", ARTICLE VIII, "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-212, "SPECIAL SIGNS", SUBSECTION (D) "DIRECTIONAL SIGNS" (7) TO ELIMINATE THE APPROVAL REQUIREMENT BY THE PLANNING AND ZONING BOARD AND SUBSTI- TUTE THE BUILDING DEPARTMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - l0 - 10/13/81 179 The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 72-81 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on September 22nd, recommended by unanimous vote that the conditional use, site and development plan for Old Harbor Office and Bank Facility, located at the southeast corner of U.S. No. 1 and Linton Boulevard, which expired on September 26, 1981, be extended for six months to March 26, 1982. This was discussed at the workshop meeting on October 6th. Mr. Robert Chapin, attorney for the developer, stated that he wrote a letter to Mr. Carter which states that the wall to screen the commercial facility from the residents will be completed shortly and Knight Enterprises will make full restitution for any damage that may have occurred on Mr. Schnabel's or Mr. Bazutto's property. Knight Enterprises is proceeding in good faith and in strict conformance with the approval process and he urges Council to approve the recommendation of the Planning & Zoning Board. Mr. Jim Carter, President of Tropic Isle Civic Association, stated that one problem still remaining is that they do not have a commitment in writing regarding the type of screening that will be pro- vided along the south wall of the project to substitute for the trees that were torn down. Another problem is that the Building Department allowed a relocation and an expansion of one bay of the Gulfstream Drive-in Bank. The way it stands now the property owners directly behind it would be able to look over the proposed wall and see the overhang of the drive-in bank. He feels that somebody should step in and try to solve this problem. Mr. Phil Bazutto, 909 McCleary Street, objected to the fact that there was no permit for the sixth bay which is in his backyard. Mr. Walter En~dall, In-house Attorney for Gulfstream Bank, submitted a letter dated October 15, 1981 to Mayor Weekes from the Chairman of the Board of Gulfstream Bank: "Subject: Amendment of SAD Ordinance relating to Gulfstream Bank's branch at Federal Highway and Linton Boule- vard. Dear Mayor Weekes: As you know Gulfstream Bank is very much looking forward to opening its branch site at Federal Highway and Linton Boulevard in Delray Beach. We are looking forward to serving the local community and we are most anxious to be good neighbors with the city authorities as well as the local citizenry. In connection with the above branch site I would respectfully request that the SAD Ordinance be amended with respect to the timing of the paving work to be done on the sixth bay of the bank's drive-in facility. Specifically I would request that the ordinance be amended to allow for the issuance of a certificate of occupancy without the bank having to pave the sixth drive-in bay at this time. Further it is agreed that the sixth drive-in lane will not be paved for a period of two years from the date of this letter. At the end of said two-year period, the bank would have a period of nine months within which to obtain a building permit enabling it to pave the sixth lane of the drive-in facility. I would hope that this requested amendment to the SAD Ordinance would be looked upon favorably and would be granted." - 11 - 10/13/81 180 Mr. Paul Schnabel, 901 McCleary Street, stated that the bank building has been constructed within seven feet of the property line; it was sup~sed to ~ fifteen feet. The sixth lane has never been a part of any plan; the SM plan which was approved showed only 5 lanes. The details of the negotiated settlement that pe~itted this plan seem to have been disregarded. He feels that the City should require that the building confo~ to the SM plan that was made a part of the ordinance. Mr. Bird stated that it seems to him that the main objection of the affected property owners has more to do with adequate screening of the site rather than the size or location of the building. Mrs. Philip Bazutto, 909 McCleary Street, stated that there is a pollution problem related to the sixth bay; the cars wait in line there. Mr. Chapin stated that, with the exception of a minor tech- nical violation connected with the issuance of a building permit, each and every requirement has been satisfied and he feels that the requested extension should be granted. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board and the Administration, seconded by Mr. Blair. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:16 P.M. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of October 13, 1981, which minutes were formally approved and adopted by the City Council on .~-¢~, ~2 7~ f~/ · 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 - 10/13/81