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12-08-81 225 DECEMBER 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, December 8, 1981, with Mayor Leon M. Weekes, presiding and City Manager Robert H. Fisk, 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 Reverend Wallace Mast, Church of the Palms. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mrs. Durante moved for approval of the minutes of the regu- lar meeting of November 24, 1981, seconded by Mr. Bird. Said motion passed unanimously. 4.a.1. Mayor Weekes announced that he just had a phone call from Mr. Ackley who has accepted the position of City Manager of the City of Kissimmee, Florida; therefore, item 6.c. will be deleted from the agenda. He suggested that Council set up a workshop in order to proceed with the interviewing of other possible applicants for the position. It was the consensus of Council to hold a workshop meeting next Monday at 4:00 P.M. 4.b.1. Mr. Bird discussed building inspections and noted that some inspections are of questionable value and interfere with the normal flow of construction. He suggested that Council set up a committee to review these inspections with Mr. Blair as Chairman and four other members. Council concurred that the inspection process should be reviewed. Mr. Blair stated that there are good inspections but agreed that there are some minor inspections that do not make sense and waste everybody's time; he gave several examples. Mr. Bird moved that Council set up a committee to review building inspection requirements with Mr. Blair to serve as Chairman and four other members to be selected by him, seconded by Mrs. Durante. Said motion passed with a 4 to 0 vote (Blair abstained). 4.b.2. Mr. Bird reported that it has been brought to his attention that the all-day parking lots in the City do not have clear signs. He requested that the Administration have some clear signs put up along Atlantic Avenue. 4.c.1. Mr. Blair stated that he feels there should be a time limit for members serving on the various boards in the City and he suggested that this be discussed further at a workshop meeting. It was the consensus of Council to put this on the next regular workshop agenda. 4.d.1. Mr. Scheifley noted that when the bond issue was defeated in September, there were 8 or 10 points suggested to which Council con- curred. Some of these points were the numbering of houses in the City, cleaning up the lots, painting some curbs yellow and putting white markings on the streets. He has seen no evidence that these things are being implemented and asked that this be brought to workshop for an update by the Administration. 4.a.2. Mayor Weekes requested that the City Manager call the per- sons remaining on the short list of applicants to see if they are still available for the City Manager position. The City Manager suggested asking them what salary they would expect; he doesn't think they should ask an applicant to come here if the applicant wants a larger salary than what the City is offering. Mayor Weekes replied that the City Manager can use his own discretion as to that; all he really wants to know is whether or not they are still available. 226 Mr. Scheifley suggested that they ~make it clear that the City will not assist the new City Manager in housing. 5.a. Arlene Williams, 513 S.W. 6th Street, stated that they turned in a petition to the City Manager on November 24th. They are concerned about a building on the corner of S.W. 6th Avenue and S.W. 6th Street which is owned by Mrs. Durante and her husband. They were told that the building was being converted into a multi-family home and they, as citizens, do not want this to happen. Their petition noted a viola- tion of the building code because a permit was not issued. The City Manager reported that there was some building done without a permit and he has informed the people in the area that Mrs. Durante would not be able to do anything illegal. Ms. Williams stated that Mr. Ricker, Building Inspector, informed them that a permit was given to the Durantes for work which had been done. Mrs. Durante has stated that she intends to have a kinder- garten on one side and a private home on the other side. According to City rules, she cannot have a business and single family residence within the same building. They would like to know if the Durantes have filed for a variance of this rule. Mayor Weekes replied that, as far as he knows, there has been no application for a variance. The house is zoned single family and there was a conditional use permit to allow it to be occupied as a child care center. Upon question by Ms. Williams, Mayor Weekes replied .~hat if Mrs. Durante applies for a variance, the community will be 'notified. Mrs. Durante stated that the building is vacant now. It has a history of vandalism and they plan to put someone in there to live purely to protect the building. If at such time as they want to make some other use of that building, such as a child care center, her hus- band knows the procedures for running a child care center. At this time, the building will be used for a residence on one side only. They have no intentions of violating any City Codes or Ordinances. She commended the people in the area for being concerned about their neigh- borhood and the good job they've done in getting organized and address- ing an issue of concern. She would like to see the organization con- tinue to deal with other problems in the area. 6.a.1. The City Manager reported on the bids for 11 police cars and recommended that the City purchase 11 police cars at the Dade County bid price of $7,247.47 per unit which is lower that the State bid of $7,766.00 per unit. Funds have been budgeted for this purpose. It is also recommended that the cars being replaced be turned over to the Administration to be retired out of the fleet. It was the consensus of Council to approve the Dade County bid price and to authorize the City Attorney's office to draft the reso- lution. 6.a.2. The City Manager reported on the bonus for City employees and recommended that any employee who started working since July 1, 1981, receive a net $25.00 bonus; and any employee whose service began before July 1, 1981, receive a net $50.00 bonus. Mr. Bird moved for approval of the City Manager's recommen- dation, seconded by Mrs. Durante. Said motion passed unanimously. 6.b. CONSENT AGENDA Mayor Weekes requested that item (1) be removed for discus- sion. The City Manager requested that items (6) and (8) be deleted from the agenda completely. (2) It is recommended that Council authorize submitting to sale the vessels, a 1976 33-foot Egg Harbor and a 1968 38-foot Chris Craft, confiscated in a drug arrest and that auctioneer Jim Graham be retained to handle the sale by auction under terms and conditions simi- lar to the last boat sale. - 2 - 12/08/81 ? 27 (3) Mr. William Ward, alternate member of the Board of Adjustment has missed three consecutive meetings because of business conflicts. It is recommended that Louis P. Marechal be appointed to the unexpired term of William Ward ending March 15, 1984. (4) As discussed at the workshop meeting on December 1st, Council is to consider the reappointments of Charles Trieste and Chris- topher Hurst to three-year terms on the Board of Construction Appeals ending January 8, 1985. Approval is recommended. (5) As discussed at the December 1st workshop meeting, Council is to '"consider the appointment of William H. Merriam as a regu- lar member of the Code Enforcement Board to the unexpired term of Roy Simon ending January 14, 1983; the appointment of Roy Simon as an alter- nate member to the unexpired term of William H. Merriam ending January 14, 1984; the appointment of Betty Diggans as a regular member to a three-year term ending January 14, 1985; the reappointment of Armand B. Mouw as a regular member to a three-year term ending January 14, 1985 and the appointment of Robert Lavallee as a regular member to a three- year term ending January 14, 1985. Approval is recommended. (7) It is recommended that the City enter into a two-year Lease/equity plan with The Delta Company regarding a Canon NP210 photo- copier for the City Attorney's office. Payments will amount to $206.79 per month with an option to return the equipment at the end of the lease or purchase the photocopier for $1. (9) As discussed at the December 1st workshop meeting, Council is to consider payment of the MICA bill in the amount of $14,174.58. Approval is recommended. (11) Seventeen requests were mailed out for two reel-type mowers for the Parks & Recreation Department. DeBra Turf was the only bidder and their bid met all the specifications. It is recommended that two Jacobson mowers be purchased from DeBra Turf in the amount of $14,280.00 with funds to come from funds allocated in the 1981-82 budget. (12) Seventeen requests were mailed out for a turf sweeper for the Parks & Recreation Department. Only one bid was received from DeBra and their bid met all the specifications requested. It is recom- mended that the purchase be made from DeBra Turf in the amount of $6,895 with funds to come from funds allocated in the 1981-82 budget. (13) The following bids were received for the purchase of a tractor for the Parks & Recreation Department: Bidder Quotation Trade-In Net Price Trail Ford Tractor $5,279.00 $1,800.00 $3,479.00 Lake Worth Broward-Palm Beach 4,596.50 - 4,596.50 Tractor, Inc. Boynton Beach DeBra Turf 5,249.00 - 5,249.00 Hollywood Degens Turf & Garden 6,383.00 - 6,383.00 Miramar Palm Beach Turf 5,865.97 2,200.00 3,665.97 Equipment North Palm Beach It is recommended that the purchase be made from the low bidder, Trail Ford Tractor in the amount of $3,479.00 with funds to come from funds allocated in th~ 1981-82 budget. - 3 - 12/08/81 (14) The following bids were received for the purchase of an undermounted rotary mower for the Parks & Recreation Department: Bidder ! Quotation Broward-Palm Beach Tractor, Inc. $674.46 Boynton Beach Palm Beach Turf Equipment 782.00 North Palm Beach Degens Turf & Garden 875.00 Miramar DeBra Turf 751.00 Hollywood It is recommended that the purchase be made from the low bidder, Broward-Palm Beach Tractor, Inc. in the amount of $674.46, with funds to come from funds allocated in the 1981-82 budget. This mower is compatible with and can be mounted on the tractor which is to be con- sidered in Item 6.b.(13) above. (15) The following bids were received for the purchase of a three-cylinder tractor for the Delray Beach Country Club: Bidder Quotation Trail Ford Tractor $4,398.00 Lake Worth Degens Turf & Garden 4,450.00 Miramar Home Equipment Center 5,094.00 Davie Palm Beach Turf Equipment 5,994.02 North Palm Beach Broward-Palm Beach Tractor, Inc. 5,800.00 Boynton Beach It is recommended that the purchase be made from the low bidder,~ Trail Ford Tractor in the amount of $4,398.00, with funding to come from 1981-82 budgeted funds. This was discussed at the December 1st workshop meeting. (16) The following bids were received for the purchase of carpet in the Pro Shop, foyer to the Clubhouse and men's locker room at the Delray Beach Country Club: - Bidder Quotation Design 2000 $2,429.00 Boca Raton Fashion Floors 2,467.42 Delray Beach Transart Industries 2,700.00 Delray Beach It is recommended that the purchase be made from the low bidder, Design 2000 in the amount of $2,429.00 with funding to come from 1981-82 budgeted funds. This was discussed at the workshop meeting on December 1st. - 4 - 12/08/81 (17) It is recommended that sanitary sewers and water utilities installed in Homewood Lakes be accepted as operational by adoption of Resolution No. 96-81. The caption of ResolutiOn No. 96-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN HOMEWOOD LAKES, SECTION B-2 AS RECORDED IN PLAT BOOK 37, PAGE 31 OF THE PUBLIC RE- CORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: S.W. 29TH AVENUE AND S.W. 6TH STREET WITHIN THE LIMITS OF THIS PLAT AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 96-81 is on file in the official Resolution Book) (18) It is recommended that storm drains installed in Homewood Lakes be accepted as operational by adoption of Resolution No. 97-81. The caption of Resolution No. 97-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN HOMEWOOD LAKES, SECTION B-2, AS RECORDED IN PLAT BOOK 37, PAGE 31 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 97-81 is on file in the official Resolution Book) (19) Resolution No. 98-81, amending Resolution No. 91-81 which requested permission from the Palm Beach County Board of Commis- sioners to rezone land to include the County dedicated rights-of-way 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. Approval is recommended. The caption of Resolution No. 98-81 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 171.044 TO ANNEX LANDS INTO THE MUNICIPAL LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 98-81 is on file in the official Resolution Book) (20) Resolution No. 99-81 supporting the efforts of the Florida League of Cities to increase the State sales tax by 1¢ is before Council for consideration. This was discussed at the December 1st work- shop meeting. Approval is recommended. - 5 - 12/08/81 The caption of Resolution No. 99-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE EFFORTS OF THE FLORIDA LEAGUE OF CITIES TO SECURE PROPERTY TAX RELIEF FOR THE PEOPLE OF FLORIDA AND AN ALTERNATE, GROWING SOURCE OF REVENUE FOR LOCAL GOVERNMENTS THROUGH A 1¢ STATEWIDE INCREASE IN THE SALES TAX AND URGING THE FLORIDA LEGIS- LATURE TO ENACT LEGISLATION EMBODYING THE PROPERTY TAX RELIEF AND LOCAL GOVERNMENT ASSISTANCE PROGRAM OF THE FLORIDA LEAGUE OF CITIES; AND PROVIDING FOR FURNISHING OF COPIES OF THIS RESOLUTION. (Copy of Resolution No. 99-81 is on file in the official Resolution Book) (21) The City has been notified by the County that the County has received a petition from Robert L. Griffin, II for rezoning from AG (Agricultural) District to CG (General Commercial) District. This property is located at the northeast corner of Military Trail and the L-31 Canal. The Planning & Zoning Board at a meeting held on Decem- ber 2nd, recommended by unanimous vote that a letter be sent to the County objecting to this petition since this request is in violation of the City's Land Use Plan which designates this area for single family development. A public hearing on this application is to be held before the County Planning Commission on December 10th and before the Board of County Commissioners on December 23rd. It is recommended that Council authorize that a letter be sent to the County objecting to this petition. (22) The City has been notified by the County that the County received a petition from Eleanor Lanier for a special exception to allow a government service facility (relocation of the food stamp operation from Seacrest Boulevard) in a RH (Residential Multiple Family) District (High Density). This property is located on the east side of Germantown Road, between Poinsettia Drive if extended east and Georgia Street if extended east. The Planning & Zoning Board at a meeting held on December 2nd, recommended by unanimous vote that a letter be sent to the County objecting to this petition since this request is in violation of the City's land Use Plan which designates this area for single family development. A public hearing on this application is to be held before the County Planning Commission on December 10th and before the Board of County Commissioners on December 23rd. It is recommended that Council authorize that a letter be sent to the County objecting to this petition. Mrs. Durante left the Council Chambers at this time. Mr. Bird moved for approval of the Consent Agenda with the exception of items (1), (6) and (8), 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.b.1. The City Manager reported that as discussed at the December 1st workshop meeting, Council is to consider continuing the present garbage collection by City forces and returning the transfer station to the Solid Waste Authority. It is recommended that City forces continue the garbage collection and that the transfer station be returned to the Solid Waste Authority. Mr. Bird stated that when they constructed their budget, they based it on one of two assumptions; that either they would save money by going to contract or change the fees they charge citizens so as to increase their revenue. If they follow through on the recommendation, they will not have that savings; however, if they return the transfer station to the Solid Waste Authority and they operate at a tipping fee of $15.00 per ton, they would at least reduce some budgeted overhead. He suggested that Council reconsider the $150,000 that is being current- ly expended to subsidize landscape trash disposal. - 6 - 12/08/81 23 . Mr. Blair stated that he is worried that if the Solid Waste Authority takes over the transfer station, they will pull it out of Delray Beach and leave the City with no dumping station for small com- panies. Mr. Bird, as Chairman of the Palm Beach County Solid Waste Authority, reported that it is the intention of the Authority that there should never be a requirement to drive more than ten miles to dump. Mayor Weekes added that the transfer station is operating under a tempo- . rary permit which expires in about 1% to 2 years. Mr. Bird requested that Council instruct the Administration to negotiate with the Solid Waste Authority in regard to the transfer station and make that turnover as expeditiously as possible. He sug- gested that Council discuss the issue of landscape trash disposal at a workshop meeting. It was the consensus of Council to discuss it at the first workshop meeting in January. Mr. Bird stated that they have to address the question of those citizens who currently are enjoying lower rates through private negotiations and whether or not they are to continue that. If they are to continue, fairness dictates that every other similarly organized closed community in the City should have the same opportunity. Mr. Scheifley added that he would like to see more areas go to private contractors. Following further discussion, it was the consensus of Coun- cil to have this on the agenda for the first workshop in January. The City Manager reported that the bids for the Public Works complex have been extended to the 14th of this month and he feels that something has to be decided in that regard. Following Council discus- sion, the City Manager recommended contracting for everything but the sanitation portion of it. Upon question by Mr. Bird, Mr. Huddleston replied that they have the garage overhead in the budget. It comes out to about 2 million dollars for the operation, if they include the depreciation for the equipment. That would not include any depreciation on a new complex. Further discussion was had in this regard. It was the consensus of Council to discuss this at the next regular workshop meeting. Mr. Bill Thompson, President of SCA Service and low bidder on the contract, gave a presentation. He stated that the significant point is that the cost of their bid is much lower than the cost that the City has in its budget. He presented his figures to Council and ex- plained the savings to the City. He requested that Council reconsider this contract at the next workshop meeting. Upon question by Mayor Weekes, Mr. ThompSon agreed to hold his bid open for 60 days. Upon question by Mr. Bird, Mr. Thompson replied that the elimination of the transfer station would change their bid and he agreed to provide the Ad- ministration with a refined bid, excluding the transfer station. It was the consensus of Council to schedule this for the next regular workshop agenda. Mr. Blair moved that the City Manager instruct the architect to go forward with the Public Works complex except for the sanitation building, seconded by Mr. Bird. Said motion passed unanimously. 6.c. This item was deleted from the agenda (See 4.a.1.). 6.d. The City Attorney reported that Council is to consider au- thorizing 'retention of Monroe A. Coogler, at the rate of $75.00 per hour, as counsel for one or both of the individual defendants, J. Eldon Mariott and Charles Kilgore, depending on the pleadings they are about to file in regard to the litigation of Robert Sylvester and Robert Druien. Approval is recommended. The City Attorney's office would represent the City only. - 7 - 12/08/81 Mr. Bird moved for approval of the recommendation, seconded by Mrs. Durante. Said motion passed unanimously. 6.e. The City Attorney reported that Council is to consider a proposed ordinance relative to water lien procedures. This ordinance was prepared by his office in response to Council's direction at last week's workshop meeting. What it does is increase the water meter deposits by 25% and provides notice to the owners of the property as well as the people occupying the premises. The City Attorney explained that, after research, they have found that the City may not reduce time frames; they are still under an injunction from the Federal District Court that is very specific about dates. In order to modify those dates, the City would have to petition the Court for a modification. Mr. Huddleston, Finance DirectOr, reported that to adminis- ter this ordinance would cost about $57,000 per year. The City has between 1700 and 2200 delinquent accounts per month and to look up each tax record would require about four additional employees. He feels that notifying the property owner is a very costly method of dealing with this, unless they are directly billing the property owner or landlord. Other alternatives would be (1) for the property owner to call the Water Department and give them the service address; the Water Department can then tell the owner if there is a delinquent balance on that account; or (2) the property owner can put up his own deposit, pay the bill and include it in the rent. Upon question by Mrs. Durante, Mr. Huddleston replied that about 100 per month actually go to the lien process. Mrs. Durante suggested that when the City decides to file a water lien against a piece of property that they send the property owner a notice that their bill is delinquent before they actually file the lien. Mayor Weekes concurred and suggested setting a time limit. It was the consensus of Council to send the property owner a notice of lien after which, in thirty days, they would actually file the lien. Upon question by Mr. Bird, Mr. Huddleston replied that the vast majority of the accounts are 3/4 and 1 inch meters. He recommends that they hold off setting new deposit rates until they get the water and sewer rates in from the auditors. That way they will know what the average bill will be and how much they need to protect. Mayor Weekes suggested that they defer the meter deposits and go ahead and amend the ordinance to change the lien notice procedure as already outlined. Council concurred. Mr. Bird moved to direct the City Attorney's office to draft the ordinance, seconded by Mr. Blair. Said motion passed unanimously. 8.a. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the November 10th 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. 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. - 8 - 12~/08/81 (Copy of Ordinance No. 76-81 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. Mr. Willard Young stated that most of these are septic tanks and the City has no sewage control over that; this could cause a serious problem. Mayor Weekes replied that has not been considered and added there will be a problem if they don't annex this property. Mr. Bird stated that if the owner develops this property, as is understood he will, he'll end up going onto the sewer system because there is a sewer line out there. However, he agrees with Mr. Young that they should consider a policy regarding septic tanks. The public hearing was closed. Mr. Scheifley moved for the passage of Ordinance No. 76-81 on Second and FINAL 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.b. The City Manager reported that Ordinance No. 79-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 13 "Health and Sanitation" of the Code of Ordinances relative to nuisances on property. This ordinance was passed on First Reading at the November 24th 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. 79-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANI- TATION'', ARTICLE II, "NUISANCES ON PROPERTY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 13-16, "DESIGNATION OF ENFORCEMENT OFFICER: NOTICE OF' VIOLATION REQUIRED", TO REQUIRE NOTICE TO BE GIVEN BY BOTH FIRST CLASS MAIL AND BY PER- SONAL SERVICE OR POSTING ON THE PROPERTY; BY AMENDING SECTION 13-17, "FORM OF NOTICE", TO REFLECT REDUCTIONS AND CLARIFICATIONS IN THE TIME PERIODS FOR COMPLIANCE, HEARINGS AND LIENS SET FORTH THEREIN; BY AMENDING SECTION 13-18, "HEARING", TO REDUCE THE TIME PERIOD FOR REQUEST- ING A HEARING; BY AMENDING SECTION 13-19, "ABATEMENT BY CITY", TO REDUCE THE TIME PERIODS PERMITTED BEFORE ABATE- MENT OF NUISANCES BY THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 79-81 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. 79-81 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. - 9 - 12/08/81 8.c. The City Manager reported that Ordinance No. 80-81, amending Ordinance No. 66-81 relative to providing general fund expenditures and revenue due to adjustment in the City Attorney's budget, is before Coun- cil for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 24th meeting. Prior to consid- eration 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. 80-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 66-81, WHICH MADE FINAL APPROPRIATIONS OF MONEY FOR ALL NECESSARY EXPENDI- TURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERI- OD FROM THE 1ST DAY OF OCTOBER, 1981, TO THE 30TH DAY OF SEPTEMBER, 1982, BY ADDING THE SUM OF $47,580 TO THE ESTIMATED EXPENDITURES OF THE GENERAL FUND UNDER THE CATEGORY OF "DIVISION OF GENERAL GOVERNMENT" TO ALLOW FOR INCREASES IN PERSONAL SERVICES AND CAPITAL OUTLAY AND A DECREASE IN OTHER EXPENDITURES; AND BY ADDING THIS SUM OF $47,580 TO THE ESTIMATED REVENUE OF THE GENERAL FUND UNDER THE CATEGORY "NON-REVENUE RECEIPTS"; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 80-81 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. 80-81 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Ordinance No. 81-81, amending Ordinance No. 17-79 requiring that the development of the Gulfstream Bank drive-in facility, located at the southeast corner of U.S. No. 1 and Linton Boulevard be constructed in accordance with the site and development plans prepared by McCall and Lynch, is before Council for consideration on First Reading. This was discussed at the October 13th meeting. The City Manager presented Ordinance No. 81-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 17-79 BY AMENDING SECTION 3 TO INCLUDE ADDITIONAL SITE AND DEVELOPMENT PLANS WITH WHICH CONSTRUCTION MUST BE IN ACCORDANCE; AMENDING SECTION 4 TO INCREASE THE TIME LIMITATION OF THE APPROVAL FROM THIRTY (30) MONTHS TO THIRTY-SIX (36) MONTHS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 81-81 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 82-81, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances rela- tive to a minimum fine of $15.00 per day for any violation of the sign ordinance is before Council for consideration on First Reading. This was discussed at the workshop meeting on October 6th. - 10 - 12/08/81 23 n: The City Manager presented Ordinance No. 82-81: 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", BY AMENDING SECTION 9-220 "PROCEDURE ON VIOLATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY RELETTERING PARAGRAPH (C) TO BECOME PARAGRAPH (D); ENACTING A NEW PARAGRAPH (C) TO PROVIDE FOR A MINIMUM FINE OF FIFTEEN DOLLARS ($15.00) PER DAY FOR ANY VIOLA- TION OF A PROVISION OF ARTICLE VIII BY A SIGN CONTRACTOR OR BY A PERSON FOR WHOM A SIGN IS ERECTED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. - Mrs. Durante moved for adoption of Ordinance No. 82-81 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 83-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building set- backs is before Council for consideration on First Reading. Council, at the October 6th workshop meeting, instructed the City Attorney to pre- pare the ordinance. The City Manager presented Ordinance No. 83-81: 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 DELRA¥ BEACH, FLORIDA, BY AMENDING SECTION 30-6 "RM-6 MULTIPLE FAMILY DWELLING DISTRICT", PARAGRAPH (F) "BUILDING SETBACKS"; SECTION 30-7 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", PARAGRAPH (F) "BUILDING SETBACKS"; SECTION 30-8 "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", PARAGRAPH (F) "BUILDING SET- BACKS"; AND SECTION 30-8.3 "PRD-10 PLANNED RESIDENTIAL DISTRICT", PARAGRAPH (F) "BUILDING SETBACKS", SUBPARA- GRAPH (3) TO INCREASE VARIOUS BUILDING SETBACKS FOR MULTIPLE FAMILY PROJECTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 83-81 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.~. The City Manager reported that Ordinance No. 84-81, amending Chapter 8 "Boats and Boating" of the Code of Ordinances re dockage rates is before Council for consideration on First Reading. This was dis- cussed at the workshop meeting on December 1st. The City Manager presented Ordinance No. 84-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8 "BOATS AND BOATING", ARTICLE II "ANCHORING AND MOORING", DIVISION 2 "CITY MARINA", BY AMENDING SECTION 8-43 "DOCKAGE RATES", PARA- GRAPH (A), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO INCREASE THE VARIOUS RATES FOR DOCKAGE AT THE CITY MARINA; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. - 11 - 12/08/81 Mr. Blair moved for the adoption of Ordinance No. 84-81 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.h. The City Manager reported that Ordinance No. 85-81 relative to the adoption of the 1979 edition of the Southern Standard Gas Code as compiled by the Southern Building Code Congress is before Council for passage consideration on First Reading. Passage of this ordinance is needed to update the City's Gas Code ordinance from the 1973 edition that the City is now operating under to the 1979 edition. This was discussed at the workshop meeting on December 1st. The City Manager presented Ordinance No. 85-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION'', ARTICLE III "GAS CODE", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-31 "ADOPTED" PARAGRAPH (a) TO PROVIDE FOR THE ADOPTION OF THE 1979 EDITION OF THE SOUTHERN STANDARD GAS CODE AND OF THE 1980 AMENDMENTS THERETO; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for adoption of Ordinance No. 85-81 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.i. The City Manager reported that Ordinance No. 86-81 is before Council for passage consideration on First Reading. This ordinance amends Section 9-183 of the City's Code of Ordinances by adopting the 1979 edition of the Southern Standard Housing Code. This action should be taken to keep the City's Housing Code current. This was discussed at the December 1st workshop meeting. The City Manager presented Ordinance No. 86-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VII "HOUSING", SECTION 9-183 "CODE ADOPTED" TO PROVIDE FOR THE ADOPTION OF THE 1979 EDITION OF THE STANDARD HOUSING CODE AND OF THE 1980 AMENDMENTS THERETO EXCEPTING SECTIONS 106 AND 107; AMENDING ARTICLE XIII "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS", SECTION 9-463 "APPLICATION OF ARTICLE" TO DELETE THE REFERENCE TO THE 1973 EDITION OF THE STAND- ARD HOUSING CODE; AMENDING ARTICLE XVII "BOARD OF CON- - STRUCTION APPEALS", SECTION 9-568 "RIGHTS, POWERS, PRIVI- LEGES AND DUTIES", PARAGRAPH (a) "APPEALS" TO INCLUDE THE PROVISIONS OF ARTICLE VII "HOUSING" AMONG THOSE .TO BE INTERPRETED BY THE BOARD OF CONSTRUCTION APPEALS; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Blair moved for the passage of Ordinance No. 86-81 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.j. The City Manager reported that Ordinance No. 87-81, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances rela- tive to installation and maintenance of landscaping is before Council for consideration on First Reading. This was discussed at the December 1st workshop meeting. - 12 - 12/08/81 23! The City Manager presented Ordinance No. 87-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 ~"BUILDINGS AND CON- STRUCTION'', ARTICLE X "LANDSCAPING", BY AMENDING SECTION 9-373 "OBJECTIVE; SCOPE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT THE RE- QUIREMENTS OF THE ARTICLE DO NOT APPLY TO NEW CONSTRUC- TION OF PARKING AREAS OR OTHER VEHICULAR USE AREAS WHICH ARE PART OF A SINGLE FAMILY DWELLING UNIT; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 87-81 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. Mayor Weekes declared the meeting adjourned at 8: 25 P.M. ATTEST: ~ 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 December 8, 1981, w~ich minutes were formally approved and adopted by the City Council on~/~- 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 - 12/08/81 c38