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11-10-81 NOVEMBER 10, 1981 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, November 10, 1981, with Mayor Leon M. Weekes, presiding and City Manager Robert H. Fisk, 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 Rabbi Samuel Silver, Temple Sinai. 2. The Pledge of Allegiance to the flag of the United States of America was given. I.a. Mr. Bird moved for approval of the minutes of the regular ~eeting of October 27, 1981 and special meeting of October 20, 1981, ~econded by Mrs. Durante. Said motion passed unanimously. 3.b. Mr. David Nathanson, on behalf of the residents of Pines of Delray North and Rainberry Bay, gave a presentation regarding the odors emanating from the Wastewater Treatment Plant. He discussed three areas: (1) the hydrogen sulfide level; (2) the design of the Plant; and (3) the operation of the Plant. He noted that with the use of Audophaus, the hydrogen sulfide is down to four parts or less; however, according to the manufacturer's specifications, the level should drop to less than one percent. They are here tonight to request the following: (1) the continued use of Audophaus at a level that will maintain the effluent at at least one part per million or less; (2) that this Council contact its counterpart and an emergency meeting be held; (3) that Council select a professional, experienced, private firm to operate this plant and have them in place no later than January 1, 1982. By law and by mandate of Congress and the State, residents are entitled to clean, pure air. They insist on quick, decisive action and demand that Council act to correct the intolerable situation. If need be they will obtain their objective by judicial action. Mayor Weekes commended Mr. Nathanson on his presentation and suggested that he make the same presentation before the Boynton Beach City Council, as they, too, are responsible for the operation of the plant. In regard to Audophaus, as far as he knows, no restrictions were placed upon the people conducting the program. If there are restric- tions, he requests that the City Manager see that they are removed at once. Regarding the appointment of a private contractor, they will close reception of those proposals the end of this week. He hopes that the Board can meet next week to screen these purveyors and come up with a selection. The most productive thing they can do in the short term is to get a qualified contractor to operate that facility. Mayor Weekes invited Mr. Nathanson to serve with them on the screening committee. Mr. Willard V. Young, Interim Director of the Board for the ~Tastewater Plant, advised that they have already received 13 proposals .o operate the .plant. As soon as they receive the final proposal, which hould be next Monday, the proposals will be reviewed by the screening ~ommittee. Mrs. Durante complimented Mr. Nathanson's fine presentation. She stated that Council appreciates the patience that the residents have shown and Council is willing to do whatever it can to solve the problem. Mayor Weekes declared a five minute recess, the time being 7:33 P.M. The meeting reconvened at 7:38 P.M. 4.a.1. Mr. Scheifley thanked everyone who sent cards, gifts and flowers to him in the hospital. 4.a.2. Mr. Scheifley advised that at a hearing today before the Legislative Committee (one Senator and two Representatives), the three of them voted unanimously to retain the Solid Waste Authority and will recommend such to the rest of the Legislative Delegation. He congratu- lated Mr. Bird for the tremendous victory that he and the Solid Waste Authority obtained. 4.a.3. Mr. Scheifley advised that he had a call today from Mr. Ernie Shear whose grandchild attends Carver Middle School. Mr. Shear and others were appalled by the reports in last Saturday's news; the accusation is that students have been urinating in the drinking foun- tains for two years. This morning Mr. Shear visited Mr. Kelly Brown, Principal of Carver Middle School, and learned that the news reports were 100% accurate. Mr. Scheifley suggested to Mr. Shear that he go see Mr. Mills, Superintendent of the School Board, in regard to this pro- blem. Mr. Shear could not be at the meeting tonight but has requested that City Council lend support to correct the intolerable situation at Carver Middle School. It was the consensus of Council to have Mayor Weekes call Mr. Kelly Brown and ask him what type of support Council can offer and to discuss this further at the next workshop meeting. 4.b.1. Mr. Blair reported on the Clean-up Campaign. He advised that this Saturday morning at 8:00 A.M., a work force will meet at City Hall. They plan to work from 8:00 A.M. to 1:00 P.M. on cleaning up the rights-of-way at the City entrances. Everyone is welcome to come and help. Mayor Weekes stated that he is dismayed by the rather sparse coverage in the press regarding the Clean-up Campaign and he hopes there will be more press coverage prior to Saturday. 4.c.1. Regarding the Solid Waste Authority (item 4.a.2.), Mr. Bird stated that it could not have been done without the help of all the elected officials who took hours of their time today to support the retention of the Solid Waste Authority. He thanks everyone who parti- cipated. 4.c.2. Mr. Bird advised that at a meeting of the Municipal League of Palm Beach County today, Senator Tom Lewis reported that in every level and in every way funding is getting tougher and money is getting tighter. Mr. Bird added that he read a news article which mentioned that the State, too, is going to operate with reduced revenues. He feels that this would be an appropriate time for Council to have their first income and expenditure report made available to them and to take a good hard look at it. It was the consensus of Council to discuss this at a work- shop next week. 4.c.3. Mr. Bird advised that today is the 206th birthday of the Marine Corps. 5.a. Mr. Richard Hoffman stated that his company has been towing for the City on a rotation basis for almost four years. Last week he received a memorandum from the City Manager indicating that the City is considering going with one contractor instead of using a rotation basis; the memo also indicated that this idea was generated by the Police Department become of some deficiencies in the present service. They request that this proposal be held in abeyance by Council so that they and other members of the towing industry can participate in a workshop meeting and give their input and get answers to some of their questions. It was the consensus of Council to put this on the agenda for next Tuesday's workshop meeting and to have the City Manager furnish Council with some back-up material. Mr. Hoffman asked if he could discuss this with someone in the Police Department before the workshop meeting next week. Chief Kilgore advised that he contact Major Dennis Smith. Upon question by Mr. Hoffman, the City Manager replied that the tentative specifications came from Boca Raton. 6.a.1. The City Manager reported that Resolution No. 92-81 relative to the creation of the "Delray Beach Human Relations Committee" is before Council for consideration. It was the consensus of Council to add this to the Consent Agenda as item 6.b.(15). - 2 - 11/10/81 6.a.2. The City Manager reported that Resolution No. 93-81 is before Council for consideration. This resolution expresses support for the pending applications of the new Delray Community Hospital for an additional eighty bed capacity and the installation of a cat scanner. It was the consensus of Council to add this to the Consent Agenda as item 6.b.(16). 6.a.3. The City Manager reported that the purchase of two thumpers for the Fire Department is before Council for consideration. It was the consensus of Council to add this to the Consent Agenda as item 6.b.(17). 6.a.4. The City Manager reported that a request has been received from Fairfax Properties to return their road improvement fee payment of $19,775. It was the consensus of Council to add this to the Consent Agenda as item 6.b.(18). 6.a.5. The City Manager reported that the old playground equipment at the City Park has to be removed. Mr. Dan Winters, Parks & Recreation Director, stated that it is recommended they either scrap it, give it away or donate it; the new equipment will be arriving on approximately December 16th. He advised that he has requests from two sources who would like to have the old equipment; one is the Delray Beach Housing Authority and the other is Miriam Pullum who runs a child care center. There is a swing set which they plan to take to the Catherine Strong Center, but as for the rest of the equipment, it would be to the City's advantage to have somebody come in and carry it off. The City Manager recommended that the equipment be given to the Delray Beach Housing Authority since it is a public agency. Mr. Scheifley moved that the old playground equipment in the Adult Park, with the exception of the swing set which is going to the Catherine Strong Center, be given to the Delray Beach Housing Authority and that the Delray Beach Housing Authority be responsible for the removal thereof, seconded by Mr. Blair. Said motion passed unanimously. Mrs. Durante left the Council Chambers at this time. 6.b. CONSENT AGENDA The City Manager reported on the following items whidh are to be considered by Council as the Consent Agenda: (1) As discussed at the workshop meeting on November 3rd, Council is to consider the appointment of Matt Gracey, Jr. as an alter- nate member of the Board of Adjustment to the unexpired term of C. W. Bowring, III, ending March 15, 1983. Approval is recommended. (2) As discussed at the November 3rd workshop meeting, Council is to consider the appointment of Richard W. Sheremeta as an alternate member of the Code Enforcement Board to a term ending January 14, 1984. Approval is recommended. (3) It is recommended that Council authorize acceptance of a warranty deed for a portion of the land on which a new proposed road is to be constructed at S.W. 10th Avenue between S.W. 4th Street to Carver Estates. (4) It is recommended that Council authorize the City Manager to transmit a letter to the current owners of a portion of the land on which a new proposed road is to be constructed at S.W. 10th Avenue between S.W. 4th Street to Carver Estates, agreeing to the condi- tions for the conveyance of the property to the City. Copies of the proposed letter have been furnished to Council members. Item 6.b.(3) recommends authorizing acceptance of a warranty deed for a 25 foot x 665 foot portion of the land. (5) It is recommended that Council authorize execution of an agreement between the City and Palm Beach County for signalization at the intersection of Linton Boulevard and A1A. Palm Beach County will accept this recently constructed traffic signal on their system for maintenance and operation. - 3 - 11/10/81 (6) A communication has been received from Delray Beach Public Libra~ Association, Inc. requesting permission to solicit funds from March 7th through March 20, 1982. Approval is recommended. (7) A communication has been received from the Daughter of Zion Seventh Day Adventist Church requesting permission to solicit funds from November 27th through December 10, 1981. Approval is recommended. (8) A communication has been received from Amara Shrine Temple, A.A.O.N.M.S. requesting permission to solicit funds from Novem- ber llth through November 24, 1981. Approval is recommended. (9) The City is in receipt of an application from Simon and Esperanza Yracheta for City water and sewer service to serve .275 acres, located approximately. ½ block west of Germantown Road and north of Linton Boulevard, 1114 Royal Palm Drive, which is outside the City. The property is a single family residence. It is recommended that Council approve execution of the City's standard water service/annexation agree- ment, which will permit the City to provide the requested water service to the applicant. (10) Resolution No. 89-81 authorizing Robert H. Fisk, Interim City Manager to sign documents for the construction of Lift Station Nos. 50 and 80 and associated force mains is before Council for consideration. Approval is recommended. The caption of Resolution No. 89-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, AUTHORIZING ROBERT H. FISK, INTERIM CITY MANAGER, TO SIGN DOCUMENTS RELATED TO FEDERAL ASSISTANCE UNDER PUBLIC LAW 92-500 CONSTRUCTION GRANTS PROGRAM. (Copy of Resolution No. 89-81 is on file in the official Resolution Book) (11) Resolution No. 90-81 supporting the action of the Village of Tequesta and requesting that the Palm Beach County Property Appraiser restudy and recertify the assessment roll for the City of Delray Beach is before Council for consideration. Approval is recom- mended. The caption of Resolution No. 90-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ACTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA AS SET FORTH IN THEIR RESOLUTION NO. 4-81/82 AND REQUESTING THAT THE PALM BEACH COUNTY PROPERTY APPRIASER RESTUDY AND RECERTIFY THE ASSESSMENT ROLL FOR THE CITY OF DELRAY BEACH; PROVIDING FOR FURNISHING OF COPIES OF THIS RESOLUTION. (Copy of Resolution No. 90-81 is on file in the official Resolution Book) (12) Resolution No. 91-81 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RH (Residential Multiple Family) (High Density) (County) to SAD (Special Activities) (City), located at the southeast corner of S.W. 10th Street and S.W. 7th Avenue, is before Council for consideration. This was discussed at the workshop meeting on November 3rd. Approval is recommended. The caption of Resolution No. 91-81 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 (RESIDENTIAL MULTIPLE FAMILY)(HIGH DENSITY) TO THE CITY'S ZONING CLASSIFICATION SAD (SPECIAL ACTIVITIES) DISTRICT. - 4 - 11/10/81 (Copy of Resolution No. 91-81 is on file in the cfficial Resolution Book) (13) The Planning & Zoning Board at a meeting held on October 27th, recommended by unanimous vote that the final plat for Mack Industries Subdivision, located at the southeast corner of N.W. 2nd Street and the SAL Railroad, be approved, subject to: (a) City Engineer's memorandum of October 22nd. (b) Director of Public Utilities' memorandum of October 14th. This was discussed at the November 3rd workshop meeting. Approval is recommended. (14) The Planning & Zoning Board at a meeting held on Dctober 19th, recommended by unanimous vote that the conditional use to ~llow a parking lot for the Atlantic Center, located at the northeast corner of Venetian Drive and Miramar Drive be approved, subject to: (a) City Engineer's memorandum of October 2nd. (b) Director of Public Utilities' memorandum of September 14th. (c) That the use of this parking lot be limited to the merchants and customers of the Atlantic Center. (d) That the owner of the parking lot and owner of the Atlantic Center enter into written agree- ment with the City, as outlined in Section 30-18(B)(2)(b) of the Zoning Ordinance. (e) Abandonment of the east-west alley located along the north side of the property. (f) That a mature hedge, six feet high at time of planting, be located along the perimeter of the property. (g) A time limitation of 12 months be set for de- velopment of the project. This was discussed at the November 3rd workshop meeting. Approval is recommended. (15) Resolution No. 92-81 is before Council for considera- tion. Approval is recommended. The caption of Resolution No. 92-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING A CITIZENS COMMITTEE TO BE EN- TITLED THE "DELRAY BEACH HUMAN RELATIONS COMMITTEE", AND SETTING FORTH SUCH COMMITTEE'S COMPOSITION, PURPOSE AND AUTHORITY. (Copy of Resolution No. 92-81 is on file in the official Resolution Book) (16) Resolution No. 93-81 is before Council for considera- tion. Approval is recommended. The caption of Resolution No. 93-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING SUPPORT FOR THE PENDING APPLI- CATIONS OF THE NEW DELRAY COMMUNITY HOSPITAL FOR AN ADDI- TIONAL EIGHTY BED CAPACITY AND FOR THE INSTALLATION OF A CAT SCANNER AND URGING THEIR APPROVAL; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy os ~esoiutlon No. 93-~1 is on file in the official Resolution Book) - 5 - 11/10/81 (17) It is recommended that Counc~'.l authorize the purchase of two Thumpers for the Fire Department and that the two units be pur- chased from Advanced Cardiac Systems of Pompano Beach at a cost of $3,564.00 per unit. (18) The City is in receipt of a request from Fairfax Properties to return to them their road improvement fee of $19,775. This was the only one of the proposed traffic improvement agreements that was actually.executed and a deposit made. It is recommended that the money be returned in order to be consistent. Mr. Bird moved for adoption of the Consent Agenda with the additions, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mrs. Durante returned to the Council Chambers at this time. REGULAR AGENDA 6.c. The City Manager reported that Council is to discuss the purchase of the Pignato property located at 53 S.E. 4th Avenue. Mayor Weekes explained that this property, ~which is located immediately south of the library building, is presently owned by the Delray Beach Public Library; they have proposed to sell it to the City for $60,000. The City has a short term need for the property to house the in-house City Attorney until such time as the expansion of City Hall can be completed at which time the City Attorney's office will be within the City Hall. The subject property will then be made a part of the lease for the overall property which is owned by the City and leased to the library. Mayor Weekes clarified that the City owns the land on which the library sits but the library itself was built and paid for through public donations and public subscriptions. The expansion to the library will be handled in the same way. In his opinion, it is in the best interest of the City to make this purchase. The funds will then be placed by the Library Board in the Downtown Development Authority Park- ing Fund for use of expansion of the downtown parking. Mayor Weekes advised that there are two possible sources of funding. One is the carryover from the FP&L windfall last year; the balance in that fund is $201,551.94. The other available fund is the proceeds of the sale of City owned land which has a balance of $250,000. Mr. Blair moved to approve the purchase of the property with funding to come from the FP&L carryover, seconded by Mr. Bird. Said motion passed unanimously. · Upon question by Mayor Weekes, the City Attorney advised that if Council is satisfied with the quality of the appraisal that has been made, it is not necessary to get another one. 6.d. The City Manager reported that as discussed at the November 3rd workshop meeting, Council is to consider setting a policy relative to gifts to City employees. The City Attorney noted that Council established a policy informally last week. The method of implementation would be for the City Manager to adopt an amendment to the Code of Civil Service Rules and Regulations. Mr. Scheifley noted that he was not present at the dis- cussion on this item and feels that they should not adopt this policy unless they plan to enforce it 100%. Mayor Weekes stated that he had a problem last week with the policy statement which is three pages long. He doesn't feel it is enforceable; he would rather have a reasonable policy that they can adhere to. Mrs. Durante also questioned whether a no-gift policy is enforceable and suggested setting a reasonable limit on gifts. - 6 - 11/10/81 Mr. Bird agreed that the policy is not 100% enforceable but feels that this factor should not prevent Council from adopting it and setting a standard. He is favor of the no-gift policy. If an employee violates this policy, he does so at his own risk; if he gets caught he should be penalized. City employees get adequate salaries and adequate fringe benefits and residents of the City should not pay any more than what they are already charged for City services. Mayor Weekes stated that he doesn't think this policy is realistic. Mr. Scheifley added that he is concerned about those em- ployees who are getting from $20 to $100 a day in tips. The boys at the golf course carry people's bags in and out of the carts and usually get tipped; he questions how they would enforce the policy in this parti- cular case. Mr. Bird stated that one solution would be to have an entrepreneur run that particular facility. Mr. Blair stated that tipping does get out of hand at the City level; as the City grows bigger, the size of the gifts gets bigger. He is in favor of cutting out all gifts and will support the no-gift policy. Mayor Weekes stated that he has a check in the amount of $50 made out to the Delray Beach Paramedics from a citizen of Pines of Delray North for services rendered which saved his life. This citizen wishes to express publicly how much he appreciated the service and what a fine group of emergency medical personnel they have in the City. Mr. Sam Schwimer spoke in opposition of gift giving and urged Council to adopt and enforce the no-gift policy. Upon question by the City Manager, the City Attorney advised that there is a provision in the Code of Civil Service Rules and Regu- lations that prohibits any employee from soliciting a gift and also prohibits the acceptance of a gift in exchange for performing to a degree that is not generally performed for the public. Mrs. Durante stated that she favors a limit of a $15.00 gift subject to that provision; however, if the Administration wants and feels they can enforce a no-gift policy, she is willing to go along with it. They will have to make the public aware of the policy and one suggestion would be to have "no tips" signs at the Country Club and elsewhere. The City Manager felt that it would be just as hard to enforce a $15.00 limit as it would be to enforce a no-gift policy. Mr. Scheifley inquired about the generous gifts from condo- minium associations and individuals to the Paramedics, Fire Department and Police Departments. The City Attorney replied that this would not be stopped. Mr. Sam Schwimer elaborated that the gifts given to those departments are in the form of gifts to the operation, not to the indi- vidual; he does not oppose this type of gift. Mr. Bird moved that they formally establish and ask the City Manager to implement a no-gift policy, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - No; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Upon question by Mrs. Durante, the City Attorney replied that they will have to amend the Civil Service Code of Rules and Regulations. Mr. Scheifley stated that he firmly believes that a no-gift policy cannot and will not be enforced. Mrs. Durante inquired as to an effective date. The City Attorney suggested that they let the City Manager work that out in the preparation of the policy; it is Council's intention t~at employees be given adequate notice, that it be posted and everyone made aware of it. At this point the roll was called to the motion. 6.e. The City Manager reported that as discussed at the November 3rd workshoP meeting, Council is to consider the formal appointment of Herbert W.A. Thiele as full time City Attorney. - 7 - 11/10/81 !02 The City Attorney noted that Council expressed the intention that the transition occur on December 1st. He recommends that they appoint Mr. Thiele effective December 1st, subject to the financial arrangements between his office and the City not changing until such time as Mr. Thiele is situated in the new office in the Pignato build- ing. In the meantime he would continue to bill for his time and to pay all the overhead from the City Attorney's office; when the separation occurs the City would then pay Mr. Thiele's salary and all the overhead associated with that office. Mr. Bird moved to appoint Herbert W.A. Thiele as full time City Attorney commencing on the 1st of December, 1981, with the condi- tions as explained by City Attorney Saberson, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: upon question by Mayor Weekes, the City Attorney replied that the compensa- tion package should be part of the motion; it is understood that the salary is $35,000 annually plus benefits as outlined in a memorandum to Council. After discussion, it was the consensus of Council to make the appointment and set the date tonight and discuss the City Attorney's budget another time. Mr. Bird suggested they discuss it at the budget workshop meeting he requested for next week. Council concurred. (Time and date for this meeting have not yet been set). At this point the roll was called to the motion on the floor. 6.f. The City Manager reported that Council is to consider the fun~ing for Plumosa Park Recreation Facilities. Dr. Scott McOwen reported that in order to complete the Plumosa Park project, which is a City/School Board sharing program, they will need $120,000. The School Board has agreed to fund $35,000. If the City will match it, that will make a total of $70,000. They would then only need $50,000 next year to complete the project. Dr. McOwen presented a sketch and gave a description of their plans. He also dis- cussed the benefits to the community. Mrs. Durante had reservations in regard to giving money to another taxing authority. Mayor Weekes stated that he has worked dili- gently for over 11 years for recreation in the City and not once has Council done anything for the north section of the City. They are get- ting 50% of this funded by the School Board and he doesn't see any other way of getting it done. Mr. Blair noted that they have a nice facility there which is only being used half the time. With the help of the School Board, he is in f~vor of supporting this project. Mr. Bird stated that he will support the project on the condition that the fund- ing comes from land sales and not from the General Fund. Mr. Bird moved for approval of the request with the $35,000 funding to come from land sales, seconded by Mr. Blair. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 88-81 is before Council for consideration. This resolution authorizes the ex- change of real property owned by the City with Namil Corporation (Home- wood Boulevard and Atlantic Avenue). Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 88-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING PURSUANT TO THE CHARTER OF THE CITY OF DELRAY BEACH THE EXCHANGE OF REAL PROPERTY OWNED BY THE CITY OF DELRAY BEACH LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, R~GE 43 EAST. - 8 - 11/10/81 203 (Copy of Resolution No. 88-81 is on file in the official Resolution Book) 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. Scheifley moved for adoption of Resolution No. 88-81, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. The City Attorney noted that the closing will be tomorrow. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the Octo- ber 13th 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. 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, WHICH LAND IS CONTIG- UOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 69-81 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 adoption of Ordinance No. 69-81 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Ordinance No. 70-81 relative to annexing a parcel of land located on the north side of the. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the October 13th 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. 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 O~LiGATiG~S O~ SAiD LAND; AND ~ROViDiNG FOR ~hE ~uN£NG THEREOF. - 9 - 11/10/81 (Copy of Ordinance No. 70-81 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Durante moved for the adoption of Ordinance No. 70-81 on Second and FINAL Reading. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Blair left the Council Chambers for the duration of 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 Second and FINAL Reading. This ordinance was passed on First Reading at the October 13th 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. 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 CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 71-81 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. Scheifley moved for the passage of Ordinance No. 71-81 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mr. Blair returned to the Council Chambers at this time. 8.e. The City Manager reported that Ordinance No. 73-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to permitting the City Manager one-time, limited duration, special variances. This ordinance was passed on First Reading at the October 27th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 73-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCEL- LANEOUS'', ARTICLE II, "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 1635 (d) "NOISES PROHIBITED", BY ADDING A NEW SUBSECTION (6) PERMITTING THE CITY MANAGER ONE- TIME, LIMITED DURATION SPECIAL VARIANCES UNDER CERTAIN ~r~cm~U~E~; ........... A SAVING CLAUSE; PROViDiNG AN EFFECTIVE DATE. - lO - 11/lO/81 (Copy of Ordinance No. 73-81 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 adoption of Ordinance No. 73-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 74-81, amending Ordinance No. 44-81 to delete the requirement that five parking spaces be eliminated at the northwest corner of the five acre parcel of land located south of Linton Boulevard between Congress Avenue and the SAL Railroad, is before Council for consideration on Second and FINAL Read- ing. This ordinance was passed on First Reading at the October 27th 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. 74-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 44-81, SECTION 2 TO DELETE THE REQUIREMENT THAT FIVE (5) PARKING SPACES BE ELIMINATED AT THE NORTHWEST CORNER OF THE FIVE (5) ACRE PARCEL OF LAND LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN CONGRESS AVENUE AND THE SAL RAILROAD WHICH PROPERTY IS THE SUBJECT OF ORDINANCE NO. 44-81; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. . (Copy of Ordinance No. 74-81 is on file in the official Ordinance Book ) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Blair moved for the adoption of Ordinance No. 74-81 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. Mr. Blair left the Council Chambers for the duration of item 8.g. 8.~. The City Manager reported that Ordinance No. 75-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will rezone and place land zoned AG (Agricultural) District to SAD (Special Activities) District. This ordinance was passed on First Reading at the October 27th 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. 75-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENT- LY ZONED AG (AGRICULTURAL) DISTRICT UNDER COUNTY ZONING REGULATIONS IN THE CITY ZONING SAD (SPECIAL ACTIVITIES) DISTRICT TO SHOW AN OFFICE DEVELOPMENT BEING APPROXI- MATELY 6.14 ACRES, LOCATED AT THE SOUTHWEST CORNER OF CONGRESS AVENUE AND GERMANTOWN ROAD IN SECTION 30, TOWN- SHIP 46 SOUTH, RANGE 43 EAST; AND AMENDING ZONING MAP OF ~ ~' ~ ..... 1977. ~ ..... ~n~, FLORIDA, - 11 - 11/10/81 (Copy of Ordinance No. 75-81 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. Scheifley moved for the adoption of Ordinance No. 75-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mr. Blair returned to the Council Chambers at this time. 8.h. The City Manager reported that Ordinance No. 76-81 relative to annexing a parcel of land located on the west side of Florida Boule- vard, between LaMat Avenue and Avenue "J", 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 RS (Resi- dential Single Family). Council at the October 13th meeting, requested permission from the Palm Beach County Board of Commissioners to rezone the land to be annexed. Second and FINAL Reading and public hearing will be held at the meeting on December 8th. The City Manager presented Ordinance No. 76-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 49, 50 AND 51, BLOCK 34, DEL RATON PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND IS LOCATED ON THE WEST SIDE OF FLORIDA BOULEVARD, BETWEEN LaMAT AVENUE AND AVENUE "J", 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 PROVID- ING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 76-81 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.i. The City Manager reported that Ordinance No. 77-81, amending Chapter 30 "Zoning" of the Code of Ordinances to allow a vehicle lu- brication facility in the GC (General Commercial) District is before Council for consideration on First Reading. Council, at the workshop meeting on November 3rd, instructed the City Attorney to prepare the _ ordinance. The City Manager presented Ordinance No. 77-81: 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 30-11 GC (GENERAL COMMERCIAL) DISTRICT (C) CONDI- TIONAL USES TO ALLOW A VEHICLE LUBRICATION FACILITY, LIMITED TO THE CHANGING OF OIL AND FILTERS, AND VEHICLE LUBRICATION, WITH NO MECHANICAL WORK OR OUTSIDE STORAGE OF VEHICLES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. - 12 - 11/10/81 Mrs. Durante moved for the passage of Ordinance No. 77-81 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, upon question by Mr. Scheifley who was not present at the November 3rd workshop, Mayor Weekes explained that this ordinance allows service stations without gasoline; they can do lubrica- tion jobs and oil and filter changes. At this point the roll was called to the motion. 9. Mayor Weekes reminded Council of the water conservation workshop next Wednesday night at which they will have a presentation by the NRG group; it is scheduled for 7:30 P.M. to accomodate Boynton Beach Council members who will be attending. Mayor Weekes declared the meeting adjourned at 8:56 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 November 10, 1981, which minutes were formally approved and adopted by the City Council on ~. ~ /~f/ . Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will 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 - 11/10/81