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01-28-80 JANUARY 28, 1980 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., Monday, January 28, 1980, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Dr. Warren Nubern, ~keview Baptist 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 January 14, 1980 and the special meetings of December 4, 1979, December 13, 1979 and January 7, 1980, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mrs. Durante stated that they are now in the age of energy conservation and everyone should be trying to do something to conserve energy. She thinks that there is a lot the City government can do by looking at the ways in which the City itself can conserve energy. She asked the Administration to look into ways to cut down on gasoline comsumption. There is a new mechanism whereby current automobiles can be converted to propane gas. Mayor Weekes stated that he made the same suggestion to the Administration. 4.a.2. Mrs. Durante stated that on tonight's agenda, item 9.c. is the Stewart Arms item. Mr. Reginald Harris notified her today that he has a meeting and he would like for Council to consider moving that item up near the beginning of the agenda. Mayor Weekes stated that they will consider it when Mr. Harris arrives. 4.b.1. Mr. Scheifley advised that there are over 130 Delray Beach citizens on the waiting list to join the Delray Beach Country Club. 4.c.1. Mayor Weekes stated that he would like to discuss with Council what the City's official posture will be on supporting the road bond issue which the County Commission has determined to place on refer- endum. He is going to support it. He is sorry that they were unable to get all of the things in that bond issue that they would have liked to have had; however, he thinks that the citizens of Delray Beach and the County are best served by supporting the bond issue and he sees it as the only way they are going to get substantial relief in their road needs in the immediate future. He asked the other members of Council for their views on this. Mr. Bird concurred with Mayor Weekes' statements and stated that he thinks there is an additional side benefit which is that many of the projects that are going to be covered with funds from the road bond issue are projects which, otherwise, would have been funded from State money coming to County as priority items; therefore, he will support it. Mrs. Durante stated that although she is disappointed that they are not getting all that they asked for, she will support it. Mr. Scheifley stated that he hasn't made up his mind as to whether this can be used as an issue to eliminate the dual taxation in the County or not. He has heard some people express opinions to that effect. Mr. Young stated that he is opposed to the matter, parti- cularly after having been at the meeting last Thursday in Lake Worth. They have reduced the road building program considerably; they are predicating the costs of building these roads in 1982, only taking into consideration the escalation of costs up to that date. By their own admission they do not expect to even start some of this road work until probably around 1985. They told them they do not have any priorty schedule for it and they said they would take the easiest one first. Mayor Weekes stated that he feels that the best interest of Council will be served by not taking a formal stance on this issue and by letting each member of Council pursue it in whatever way he feels is best. 4.c.2. Mayor Weekes stated that he received a letter from Carol Hanson, a Council member in the City of Boca Raton, asking Council to support their endeavor to get funding for the new Boca Raton High School facility; she pointed out that there are 2800 students attending Boca Raton High School which was built to accomodate 1800 students. Ms. Hanson sent along with her letter, a list of people to whom she would like for them to communicate. He suggested that they ask the City Attorney's office to prepare a resolution supporting the endeavor, which, they can pass at a special meeting before the workshop next Monday night, and forward copies of the resolution to all the parties that she mentioned in her letter. Mrs. Durante stated that she concurs; however, she has a problem understanding why they have to send all'these students from Delray Beach down to Boca Raton; it may be that they need the school in Delray Beach. Mayor Weekes replied that that is a separate issue. With Council in concurrence, Mayor Weekes asked the City Attorney to prepare a resolution to that effect. 5.a. Mr. Sam Portnay, High Point Section 6, stated that he has a complaint in regard to the southwest of 1-95, 7th, 6th and 5th Avenues where there are empty lots plus one place where clothes are washed in the building. Those streets are full of glass and he has reported it over and over again. If that is private property, he thinks that noti- fication should be given to the proper people and, if they don't clean it up, he thinks that they should be charged to have it cleaned up. Mayor Weekes asked the City Manager to look into the com- plaint and report back to Council. 5.b. Mr. Joseph Bell, 140 Venetian Drive, stated that he believes that most citizens in the City of Delray dislike entirely the idea of more five and seven story highrises. If the City Council agrees with that sentiment, why don't they take action leading to a decrease in the size of the buildings and take steps to poll the people of Delray Beach. Mayor Weekes replied that the Planning and Zoning Board has just heard that issue and has sent a recommendation which will come before Council, presumably, at the next Council meeting. They will be discussing it at that time. 5.c. Mrs. Rolle stated that it has come to her attention that the City books will not be open on Saturday for voter registration. The City Manager stated that he has discussed this with the City Clerk and it was decided that since the County registration office will be open on Saturday, there is no need for the City to spend addi- tional money keeping their office open. It was thought that a sign would be put on the door directing people to the proper place to regi- ster. 5.d. Mrs. Durante stated that they have a new minister and pastor in town; he is the pastor of the St. Paul AME Church in Delray Beach, Reverend Myers and he is in the audience tonight. 6.a. There were no items that were not on the agenda. 6.b. The City Manager reported that as discussed at workshop on January 21st, Council is to give consideration to authorizing the taking of all necessary steps leading to the trade of a parcel of City-owned land for land owned by WDBF. Mr. Bird moved that Council authorize the Administration to undertake the necessary steps to effect the land swap for the land currently occupied by WDBF radio transmitter studio location and the property described on the map they looked at a week ago as Lot 2, that being the second lot from Atlantic Avenue on~Homewood Boulevard, seconded by Mr. Young. Said motion passed unanimously. - 2 - 1/28/80 6.c. The City Manager reported that there were six items referred to in the traffic study report involving the Bridge Restaurant/Patio Delray Restaurant vicinity. Two of them were administrative in nature which he has directed be implemented. A third item had to do with an ordinance change that was considered and recommended by the Planning and Zoning Board; that will come to Council shortly. There were three items that would require direct Council action should those be implemented: 1. Canal Street Dead-end Canal Street at the south line of the property on which the Bridge Restaurant is located and construct a T-turnaround at this loca- tion. Mrs. Durante moved that the City Administration be author- ized to proceed with that change, seconded by Mr. Young. Said motion passed unanimously. Before roll call, Mr. Bird asked that Mrs. Durante recon- sider her motion and that, perhaps, they have further study done to see if that "T" could be located a little further north than the south prop- erty line. After further discussion, Mr. Bird withdrew his objection to the motion. At this point the roll was called to the motion. 2. Adult Recreation Center Parking Lot Prohibit parking on the Adult Recreation Center parking lot by persons not using said facility. Mayor Weekes stated that he would like to see that expanded to include the playground facility so that people who are bringing their children to use the playground rather than the Adult Recreation Center can use the lot and there are also a few people who fish there. The City Manager suggested that they use the wording "said facility and grounds". Mr. Bird moved that they prohibit parking in the parking lot near the Adult Recreation Center except for persons using or working on facilities located on City-owned land to the north of Atlantic Avenue and to the east of the parking area, seconded by Mr. Young. Said motion passed unanimously. 3. Atlantic Avenue - Palm Square Intersection Prohibit left turns at the Atlantic Avenue - Palm Square intersection and provide a turning lane on west bound Atlantic Avenue at 7th Avenue for southbound traffic. Replace traffic signalization at the Atlantic Avenue - 7th Avenue intersection. Four parking spaces would be elimi- nated on the north side of Atlantic Avenue between 6th and 7th Avenues. All of Item 3 improvements are subject to Department of Transportation approval. The estimated cost of these improvements is $25,000. Mrs. Durante asked where the $25,000 will come from. The City Manager replied that he is not asking for authorization to put the improvements in; he is asking for approval of the concept and the source for that $25,000 funding would be determined at a future date. Mrs. Durante moved that the City Administration be author- ized to complete that recommendation, seconded by Mr. Bird. Said motion passed unanimously. Before roll call, Mr. Bird asked if there is any portion of this action which can be accomplished for a nominal cost. The City Manager replied, perhaps; that's the reason he is seeking Council ap- proval of the item. They will work toward it as they can; he doesn't anticipate doing it all at one time. At this point the roll was called to the motion. 6.d. The City Manager reported that Council may approve, by motion, the amendment to the Delray Beach Downtown Development Authority Act and direct the City Attorney's office to present it to the Legis- lative Delegation. - 3 - 1/28/80 The City Attorney reported that the amendment that has been transmitted with the agenda has been submitted to the local Legislative Delegation and it's before Council to approve that submittal and to authorize the City Attorney's office to represent the City Council before the Legislative Delegation to seek this amendment and, as part of that, he would also like authorization to make minor amendments in this Act as may be required or requested by the Legislative Delegation as long as they are not changing the basic intent which is to include the area described in the Act. Mr. Scheifley moved to request the amendment to the Delray Beach Downtown Development Authority Act as submitted as exhibit 6.d. and to authorize the City Attorney's office to make amendments that might be requested by the local Legislative Delegation in the process of seeking approval, seconded by Mr. Young. Said motion passed unanimously._ Before roll call the following discussion was had: Mr. Scheifley asked if there are single family houses included in that area, would they pay the one mill tax too. The City Attorney replied that there may be a few single family houses and, yes, all real property would. Mr. Bird stated that the last paragraph of the proposed amend- ment sets a very small and unique group to make a determination as to whether or not this change will ever come into effect. There are not many people that live on East Atlantic Avenue from the bridge to the ocean. He questions whether any vote by such a select group can fully represent the desires of the commercial property owners on either side of the bridge. Further, it has come to his attention that there are at least some of the commercial property owners east of the bridge who are confused or mislead by the effect of joining the Downtown Development Authority. His concern is an opinion on the part of many potential members of the DDA that this will grant them an authority to expand their businesses without having to provide requisite parking. By joining the Downtown Development Authority, businesses and property owners on the east side of the Waterway will not get any additional privilege, which is not currently extended to them, unless the Planning and Zoning Board and this Council chooses to extend an authorization. The City Attorney, in response to Mr. Scheifley, stated that the reason that this was prepared in this particular manner was because of advice received from one of the members of the Legislative Delegation that this is the kind of referendum that the Delegation has, in the past, required and it's for that reason that he asked for the authori- zation to permit amendments to this Act, as it's being presented to the Legislative Delegation, because they intend to ask them to amend this particular provision of the Bill because, as Mr. Bird pointed out, it makes little sense to have a referendum when most of the affected people are not the ones who would be voting. After further discussion by Council, the City Attorney stated that it would be his preference to have that section deleted in its entirety, to have it passed as a special act by the Legislature without a referendum and that the City would Provide the consents of sufficient quality and type to satisfy the members of the Delegation. _~ At this point the roll was called to the motion. 6.e. The City Manager reported that Council may approve, by motion, the local bill amending the Civil Service Act and direct the City Attorney's office to present it to the Legislative Delegation. The City Attorney stated that again the City Attorney's office is requesting permission to represent the City Council before the Legislative Delegation in requesting the amendments that are incor- porated in the Bill that has been transmitted with the agenda. He would, also, like permission to make such amendments as may be requested by the Delegation in the request process. Mrs. Durante moved for approval of the local bill amending the Civil Service Act and that the City Attorney be directed to present it to the Legislative Delegation and permitted to make amendments that may be requested by the Delegation in the request process, seconded by Mr. Young. Said motion passed unanimously. - 4 - 1/28/80 7.a. Mayor Weekes acknowledged ~he minutes of the Beautification Committee for the meetings held on December 5, 1979 and January 2, 1980. Mrs. Pat Canning, Chairman of the Beautification Committee, stated that they had a vote at the December meeting recommending con- tinuation of the lethal yellowing inoculations. So far Delray Beach has lost only 10% of its trees. The reason that they are still getting some lethal yellowing now is because Boca ~aton and Boynton Beach do not in- noculate. But 10% is one of the best there is. Mr. %~allin, Planning & Zoning Board member, stated that one of the big problems is the County pockets. There is nothing being done about the County pockets one way or another. Mrs. Canning replied that she knows that all trees were done in the County pockets because the people that were doing it had no way of telling what was a County pocket and what was not. Mrs. Matthews, member of the Beautification Committee, stated that the Parks & Recreation Department has a program which they call "Identify and Remove Palm Trees". At the present time, this pro- gram is being done by the Parks & Recreation Department personnel. The tree cutter, as she understands, is a foreman in the Parks & Recreation Department. She would like to address the funds generated by this tree cutting program. When the Parks & Recreation Department cuts down a tree, the homeowner is billed for $40; this money goes into the general fund. She suggested, on behalf of the Beautification Committee, that the money generated by the Parks & Recreation people cutting down trees be returned to that program; there are a lot of things which can be done with more funds such as underplanting. The City Manager advised that it is his intention to have this item on a workshop agenda at some time in the future. For some time, the Parks & Recreation Department has been talking with him about the possibility and feasibility of stopping the inoculation program. He has instructed that they continue the program until further notice is given. He will not stop the program until Council is in agreement that it should be stopped. Mayor Weekes stated that he noticed in the December 5th minutes of the Beautification Committee that Mr. Winters made reference to the fact that the new field at Miller Park would be unfenced. It was his understanding that fencing would be included in the plans for that addition to Miller Park. The City Manager agreed to check that out. 7.b. The City Manager reported that pursuant to informal workshop decision last Monday night, Council is to give consideration to approval of the 1980 Delray Affair for April llth through April 13, 1980 inclu- sive, as requested by the Delray Affair Committee. Mr. Bird moved for approval of the Delray Affair, seconded by Mrs. Durante. Said motion passed unanimously. 7.c. The City Manager reported that as discussed at the January 21st workshop meeting, Council is to consider approving erection of two tents, 30 x 100 and 30 x 75 ~in the First Federal Park for the purpose of holding an automobile show during the Delray Affair from April llth through April 13, 1980, subject to Fire Department requirements being met. Mr. Bird moved that approval be granted for the erection of the tents in connection with the Delray Affair subject to satisfying the requirements of the Fire Department and any other regulation that may apply, seconded by Mr. Young. Mr. Tom Dennis, 510 Eldorado Lane, stated that he is the Chairman of the Delray Affair. ~RS Public Radio Station is planning on having a wine and cheese party and they will also be planning on having a tent in approximately the same area as the Automobile Dealers Associ- ation in the City Park and they would like to save some steps by adding that under the same stipulation as the dealers' tent. - 5 - 1/28/80 Mr. Bird amended his motion to include the WHRS wine and cheese tent subject to the same regulations, seconded by Mr. Young. Said motion passed unanimously. The City Attorney pointed out that the question of the hot air balloon is still under consideration. They have received copies of the insurance coverage which have been sent to the City's insurance consultants. 8.a. The City Manager reported that it is recommended that the sanitary sewers and water utilities installed in Pine Lake (The Hamlet) be accepted as operational by adoption of Resolution No. 8-80. The City Manager presented Resolution No. 8-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PINE LAKE (THE HAMLET) RE- CORDED IN PLAT BOOK 36, PAGES 165 & 166 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: ON PINE LAKE COURT FROM HAMLET DRIVE TO PINE LAKE DRIVE; ON PINE LAKE DRIVE FROM PINE LAKE COURT TO END OF CUL-DE-SAC AND OUT TO EXISTING LIFT STATION; ON PINE LAKE COURT FROM PINE LAKE DRIVE TO END OF CUL-DE-SAC, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PRO- VIDING FOR MAINTENANCE FOR AND REPAIRS BY DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 8-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 8-80, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b.. The City Manager reported that it is recommended that streets and storm drains installed in Pine Lake (The Hamlet) be accepted as operational by adoption of Resolution No. 9-80. The City Manager presented Resolution No. 9-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN PINE LAKE (THE HAMLET) AS RECORDED IN PLAT BOOK 36, PAGES 165 & 166 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 DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 9-80 is on file in the official Resolution Book) Mr. Young moved for the adoption of Resolution No. 9-80, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that it is recommended that the sanitary sewers.and water utilities installed in Rainberry Lakes, Phase Two be accepted as operational by adoption of Resolution No. 10-80. - 6 - 1/28/80 The City Manager presented Resolution No. 10-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN RAINBERRY LAKES, PHASE TWO, AS RECORDED IN PLAT BOOK 37, PAGES 94 & 95 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: ALL LINES ON LAKE IDA ROAD IN FRONT OF THE SUBDIVISION, ON MAIN ENTRANCE ROAD FROM LAKE IDA ROAD TO RAINBERRY LAKE DRIVE; ON RAINBERRY LAKE DRIVE, FROM END OF STREET ADJACENT TO THE LAKE TO THE END OF STREET TO THE NORTHEAST; ON N.W. 9TH STREET, FROM RAIN- BERRY LAKE DRIVE TO END OF CUL-DE-SAC, 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 DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 10-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 10-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that it is recommended that streets and storm drains installed in Rainberry Lakes, Phase Two be accepted as operational by adoption of Resolution No. 11-80. The City Manager presented Resolution No. 11-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN RAINBERRY LAKES, PHASE TWO AS RE- CORDED IN PLAT BOOK 37, PAGES 94 & 95 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 MAIN- TENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 11-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 11-80, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr.'Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Resolution No. 12-80 pro- viding evidence to the Florida Department of Natural Resources of the establishment of a special project account for the City's sand search, vegetation, beach and reef monitoring project is before Council for consideration. Council approved execution of the Agreement between the City and DNR in the sand search, vegetation, beach and reef monitoring project at the January 14th meeting. The resolution is also required by DNR. Approval is recommended. The City Manager presented Resolution No. 12-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING EVIDENCE TO THE STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES, OF THE ESTAB- LISHMENT OF A SPECIAL PROJECT ACCOUNT FOR THE CITY OF DELRAY BEACH SAND SEARCH, VEGETATION, BEACH AND REEF MONITORING PROJECT; PROVIDING FOR CERTIFIED COPIES TO BE PROVIDED TO SAID DEPARTMENT. - 7 - 1/28/80 :-:,22 (Copy of Resolution No. 12-80 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 12-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Resolution No. 13-80 expres- sing the City's opposition to the withdrawal of the City of Boca Raton from the Southeastern Palm Beach County Hospital District is before Council for consideration. This was discussed at the workshop meeting on January 21st. The City Manager presented Resolution No. 13-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING ITS OPPOSITION TO THE WITH- DRAWAL OF THE CITY OF BOCA RATON FROM THE SOUTHEASTERN PALM BEACH COUNTY HOSPITAL DISTRICT; PROVIDING FOR THE FURNISHING OF COPIES OF THIS RESOLUTION. (Copy of Resolution No. 13-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 13-80, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.g. The City Manager reported that Ordinance No. 86-79 amending Chapter 8 "Boats, Docks and Waterways" of the Code of Ordinances to pro- vide for the regulation of construction of docks, dolphins, finger piers and boat lifts is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the January 14th 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. 86-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "BOATS, DOCKS AND WATERWAYS" BY ENACTING A NEW ARTICLE II TO PROVIDE FOR THE REGULATION OF CONSTRUCTION OF DOCKS, DOLPHINS, FINGER PIERS AND BOAT LIFTS; REQUIRING A PERMIT FOR THE CONSTRUC- TION THEREOF; REQUIRING MAINTENANCE THEREOF; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 86-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 86-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. ~ Before roll call the following discussion was had: Mr. Bird stated that on one of the subdivision proposals, there was a refer- ence to building additional dock space for leasing to other members of the public. He is wondering if they should address that as a problem here. The City Attorney replied that he doesn't feel that the usage of a residential dock space for the purpose of leasing to the public would be a valid use under the City Zoning Code and stated further that they will review that question but he doesn't think any further amendment will be necessary. - 8 - 1/28/80 At this point the roll was called to the motion. 8.h. The City Manager reported that Ordinance No. 1-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will enact a new Code of Ordinances. This ordinance was passed on First Reading at the January 14th meeting. Prior to consider- ation 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. 1-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; ESTAB- LISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EX- PRESSLY PROVIDED; PROVIDING A PENALTY; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 1-80 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. 1-80 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as ~follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.i. The City Manager reported that Ordinance No. 2-80, amending Chapter 29 "Zoning" of the Code of Ordinances to allow "resource recov- ery plant, in a completely enclosed building" as a permitted use is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the January 14th 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. 2-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 29-15(B) MI (MEDIUM INDUSTRIAL) DISTRICT TO ALLOW "RESOURCE RECOVERY PLANT, IN A COMPLETELY ENCLOSED BUILDING" AS A PERMITTED USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 2-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 2-80 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 9 - 1/28/80 8.j. The City Manager reported that Ordinance No. 3-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to parking by expanding the definition of "industrial equipment" and by adding the R-lA-B, PRD-4, PRD-7 and PRD-10 zoning districts to the definition of "residential districts". This ordinance was passed on First Reading at the January 14th 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. 3-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 29-20(B)(3) BY EXPANDING THE DEFINITION OF "INDUSTRIAL EQUIPMENT"; BY AMENDING SECTION 29-20(B)(6) A BY ADDING THE R-lA-B, PRD-4, PRD-7 AND PRD-10 ZONING DISTRICTS TO THE DEFINITION OF "RESIDENTIAL DISTRICTS"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 3-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Upon question by Mrs. Alice Finst, the City Attorney stated that the definition includes tar pots or boilers which is the question Mrs. Finst raised before in regard to roofing and road grading equipment. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 3-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.k. The City Manager reported.that Ordinance No. 4-80, repealing Ordinance No. 85-79 to correct the legal description relative to rezon- ing and placing land zoned CG (General Commercial) District (County) to SAD (Special Activities) District (City), located at the northeast corner of U.S. No. 1 and Eve Street is before Council for.consideration on First Reading. The City Manager presented Ordinance No. 4-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 85-79 AND EN- ACTING A NEW ORDINANCE ZONING AND PLACING LAND PRESENTLY IN THE COUNTY OF PALM BEACH WITH COUNTY ZONING OF CG - (GENERAL COMMERCIAL) DISTRICT, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES DISTRICT), BEING APPROXIMATELY 3.98 ACRES, LOCATED ON THE NORTHEAST CORNER OF U.S. #1 AND EVE STREET IN SECTION 28, TO~SHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of~the ordinance. Mr. Bird moved for the adoption of Ordinance No. 4-80 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Attorney explained that Council has annexed the property. They had an annexation and rezoning ordinance together but in the typing process on the rezoning ordinance, there was one line in the legal description that was omitted; that is why this is back before Council. - 10 - 1/28/80 At this point the roll was called to the motion. 8.1. The City Manager reported that Ordinance No. 5-80, amending Chapter 29 "Zoning" of the Code of Ordinances to add the term "indus- trial equipment" to the list of prohibited or restricted motor vehicles in residential districts is before Council for consideration on First Reading. The City Manager presented Ordinance No. 5-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTIONS 29-20(C)(1) AND 29-20(C)(2) TO ADD THE TERM "INDUSTRIAL EQUIPMENT" TO THE LIST OF PROHIBITED OR RESTRICTED MOTOR VEHICLES AND BY AMENDING THE TITLE OF SECTION 29-20(C) TO SO REFLECT SUCH ADDITION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. ~4rs. Durante moved for the adoption of Ordinance No. 5-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on January 22nd, recommended by unanimous vote that an amendment be made to the subdivision ordinance relative to specifying the use for which money contributed by developers in lieu of donating park land can be used as well as when such money shall be paid to the City. A second motion passed unanimously, recommending that a special fund be established for holding money contributed in lieu of park land. Council may either direct the City Attorney to prepare an ordinance or refer to workshop. Mr. Bird asked if it is the Administration's intent that these funds be separately accounted for. The City Manager replied that he thinks that could come along in the drafting of the ordinance. Mr. Bird stated he would particularly like to see that provision in there. Council concurred with Mr. Bird's suggestion. Mr. Young moved that the City Attorney be instructed to pre- pare an ordinance to this effect with that addition as suggested by Mr. Bird, seconded by Mr. Bird. Said motion passed unanimously. Mayor Weekes left the Council Chambers at this time and Vice-Mayor Scheifley took the chair. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on January 22nd, recommended by unanimous vote that the final plat for Rainberry West (Section I), located on the east side of Barwick Road, between Lake Ida Road and the L-30 Canal be approved, subject to the following: 1) City Engineer's memorandum of January 16th. 2) Director of Public Utilities memorandum of January 16th. 3) Availability of water. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes returned to the Council Chambers at this time. - 11 - 1/28/80 '<,28 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on December 28, 1979, considered the site plan modi- fication request for Stewart Arms development to eliminate the S.W. 14th Avenue dedication and improvement requirement from the approved site plan, and add another entranceway at the southeast corner of the prop- erty. The subject property is in Section 20-46-43, and is located on the north side of S.W. 8th Street, between S.W. 8th Avenue and S.W. 15th Avenue, and is zoned RM-15 (Multiple Family) District. After discus- sion, a motion passed unanimously, approving the elimination of the S.W. 14th Avenue dedication and improvement requirement as a minor modifica- tion, with the understanding that there will not be another entranceway at the southeast corner of the property, and that a preliminary and final plat will be submitted when the project is completed. The board further discussed the possibility of providing access at the northeast corner of the property so as to provide traffic circulation to S.W. 8th Avenue. After discussion, a motion passed unanimously, recommending that a road connection be provided at the northeast corner of the prop- erty, then extend and improve S.W. 10th Avenue north to S.W. 6th Street, then extend and improve S.W. 6th Street east to connect with S.W. 8th Avenue. Council, at the January 14th meeting, referred this to work- shop. This was discussed at the January 21st workshop meeting, at which time it was informally agreed that the City will improve the streets when financing is available. The City Manager further reported that Mrs. Durante sug- gested today that consideration be given instead of running the improve- ment east along 6th Street that 10th Avenue be extended north to 4th Street. The Administration has looked into that suggestion and it is feasible. He recommends that Council approve the recommendation with one addition having to do with Mrs. Durante's suggestion. Mr. Bird moved to approve the recommendations as outlined by the City Manager, seconded by Mrs. Durante. Said motion passed unani- mously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on January 22nd, recommended by unanimous vote that the zoning ordinance be amended relative to prohibiting veterinary clinics from disposing of carcasses on-site. Council may either author- ize drafting of the ordinance or refer to workshop. Mr. Bird asked if there is already a County ordinance pro- hibiting this. The City Attorney agreed to check into that before sub- mitting the ordinance to Council. Mr. Bird moved to instruct the City Attorney to prepare the ordinance, seconded by Mr. Young. Said motion passed unanimously. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting'held on January 15th, recommended by unanimous vote that the site and development plan for Delray Oaks First Addition, located on the north side of the C-15 Canal between Congress Avenue and the E-4 Canal, be approved, subject to the following: 1) City Engineer's memorandum of December 21, 1979. 2) Director of Public Utilities memorandum of December 12, 1979. 3) Availability of water. 4) A time limitation of 18 months be set for development of the project. This was discussed at the workshop meeting on January 21st. This is a 256 dwelling unit project on 35.10 acres of land. Mr. Scheifley moved for approval of the Delray Oaks First Addition as recommended by the Planning & Zoning Board subject to the four items as outlined on the agenda, seconded by Mrs. Durante. Said motion passed unanimously. - 12 - 1/28/80 9.f. The City Manager reported that the Planning & Zoning Board at a meeting held on January 15th, recommended by unanimous vote that the conditional use for Sir Waxer, an automotive grooming center at the northeast corner of N.E. 3rd Street and N.E. 2nd Avenue, be approved, subject to the following: 1) City Engineer's memorandum of January 10th. 2) Director of Public Utilities memorandum of December 17, 1979. 3) Availability of water. 4) A time limitation of one (1) year be set for development of the project. Council may either authorize drafting of the ordinance or refer to work- shop. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board subject to the four items in the preface to the agenda, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following disqussion was had: Mr. Bird stated that this place has been painted to be Sir Waxer for about half a year; he wondered if anyone could shed any light on that. Mr. Carey replied that the petitioner never bothered to come to City Hall to find out what zoning district he was in or what permitted uses existed within that district; he went ahead and made his investment and then it was discovered that he could not run his business. In response to a ques- tion from Mr. Bird, the City Attorney stated that the ordinance requires a well unless, for some reason, it is unacceptable to the Public Works Department. Mr. Charles Barker, representing Sir Waxer, stated that he spoke with Mr. Louis Martin on January 16th and they do not have to sink a well so long as they don't attempt to extend their use. At this point the roll was called to the motion. 9.g. The City Manager reported that the Planning & Zoning Board at a meeting held on January 22nd, recommended by unanimous vote that the conditional use, site ~and development plan for Delray Mall Shopping Center (Phase III), located on the north side of Linton Boulevard, between Dixie Highway and U.S. No. 1 be approved, subject to the following: 1) City Engineer's memorandum of January 21st. 2) Director of Public Utilities memorandum of December 12, 1979. 3) Availability of water. 4) A time limitation of 18 months be set for development of the project. The City Attorney stated that he understands that Phase III includes only a portion of the building that will contain the six theaters. In discussing this with Mr. Kotulla today, he discovered that with this particular approval, Council would be approving, in essence, a theater and a half in a six theatre building. He thought that Council might want to consider waiting until they get the rest of the applica- tion before them to approve the entire building and conditional use as a whole. The architect for the petitioner came forward and showed Council their plan. - 13 - 1/28/80 Mr. Bird moved to defer this item until the entire project is available for approval, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:35 P.M. Clerk 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 January 28, 1980, which minutes were formally approved and adopted by the City Council on ~~. //t ~F~ · y 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. - 14 - 1/28/80