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02-11-80 FEBRUARY 11, 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, February 11, 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 Reverend Jerold Baker, Church of the Palms. 2. The Pledge of Allegiance to the flag of the United States of kmerica was given. 3. Mr. Bird moved for approval of the minutes of the regular ~eeting of January 28, 1980, and the special meeting of February 4, 1980, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird moved that the City Attorney be asked to revise the sign ordinance in that section which is applicable to the display of flags that commercial interests may display at their places of busi- nesses in addition to the United States flag, the flag of one other nation and a state or municipal flag for a total of three flags. In addition, the flag of a civic organization may be displayed at its meeting site during the hours of meeting only, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mrs. Durante stated that she would like to see some other restrictions on the flying of flags; she would like to restrict a business from using a flag in a disrespectful manner to advertise their business. Mayor Weekes stated that he doesn't know how they could enforce something like that as to the intention of the owner in flying a flag. In response to Mrs. Durante, the City Attorney replied that he doesn't know how they would regulate the reason why someone put a flag up; it would be very diffi- cult to do that. At this point the roll was called to the motion. 4.a.2. Mr. Bird stated that it has been his observation that it is very difficult to find gasoline on Sundays. Recently, there was a sug- gestion made at an MPO meeting suggesting that the County go back to odd/even gas rationing. For those people with even license plates, the last date in February on which they would be able to buy gasoline is the 28th and the first date in March on which they would be able to buy gasoline is the 4th. That would leave them from Thursday at the end of February until Tuesday at the beginning of March, probably, with no access to gasoline. For that reason, he recommends an alternative; a Monday/Wednesday/Friday and a Tuesday/ Thursday/Saturday system would provide everybody with an equal chance at the pumps. Mayor Weekes stated that there is presently a County ordi- nance on the books which can be implemented by motion of the County Commission and that is the odd/even plan. He feels that the problem is of sufficient magnitude that they should move on it. He doesn't think it's the best plan available; Mr. Bird's suggestion is probably better and he feels that a minimum gas purchase is better yet. A large part of the problem is caused by peoPle who buy less than $5.00 worth of gaso- line. Implementing a minimum gas purchase is going to take study and the passage of an ordinance by the County Commission. In the meantime, he thinks that they need some kind of relief and the simplest, quickest thing they can do is to pass a motion to reimplement on an interim basis odd/even gas rationing. 4.b.1. Mayor Weekes introduced Mr. Frederick Blaser who is a candi- date for City Council. The other candidate for Mayor was not in the audience. 4.b.2. Mayor Weekes presented a proclamation proclaiming March 9, 1980 as "Civic Opera Day". 4.b.3. Mayor Weekes presented a proclamation providing for the calling of the first non-partisan election on Tuesday, March 4, 1980, between the hours of 7:00 A.M. and 7:00 P.M. 4.b.4. Mayor Weekes stated that at the last meeting of Council, they had a request from Dr. Vollrath, the Fire Department's medical supervisor, to make arrangements to supply him with gasoline from City supplies. The Council denied that request and, in doing so, they caused Dr. Vollrath mental stress, aggravation and criticism. Dr. Vollrath devotes endless hours of his time and superlative talent to the para- medics, to the Fire Department and to the citizens of this City. He supervises, trains and monitors the EMT units and personnel. He has elevated the City's rescue facility to a position where it is second to none. He wants Dr. Vollrath and the public to know that they appreciate his devotion and his dedication to the service of this City. Their declining to accede to that request was certainly no reflection on him. In an effort to assist Dr. Vollrath, he is proposing to arrange a credit card with a computer gasoline service which will enable Dr. Vollrath to secure gasoline seven days a week, 24 hours a day and that such bills be sent to the City of Delray Beach and be paid by the City with the funds paid toward those bills to be deducted from the funds which Dr. Vollrath receives. Mr. Bird moved for approval of Mayor Weekes suggestion, seconded by Mrs. Durante. Mr. Bird stated that there was no intent on his part, in making the motion to decline Dr. Vollrath's request, to imply that Dr. Vollrath was entitled to anything less than the full cooperation of Council. It was only because he knew of the existence of the computer service, which the Mayor has recommended, that he moved against the request at all. Mayor Weekes asked that his comments with regard to Dr. Vollrath be incorporated into the motion. Mr. Bird accepted the modification to his motion, seconded by Mrs. Durante. Said motion passed unanimously. 5.a.1. Mrs. Betty Matthews, 1024 White Drive, stated that flag eti- quette requires that the American flag be flown in the daytime or if flown at night it should be lighted. The flag which flies on the ocean front at Atlantic Avenue was lighted at one time; the lights have been out for about five or six months. Also, the City flags which fly at either end of the City fly all night and are not lighted. So, they are in violation of flag etiquette. 5.a.2. Mrs. Matthews stated that she would like to address the question about the consideration of building heights on the ocean front. The implication in this morning's newspaper was that the City Council was not addressing this issue and didn't plan to address it for a given period of time. She is simply asking that the City Council not permit five stories across from the public beach in the open area of the beach for a distance of about 100 feet from the edge of A-1-A and she would like Council to bring it up at a workshop meeting next week. Mr. Bird stated that he and Mrs. Matthews had a lengthy dis- cussion on this and he proposed to her and Mr. Carey a solution to the problem. Mr. Carey has invited him to attend the next Planning & Zoning Board meeting to present it to them and get their feelings on it. He would request that they defer this until such time as he has had a chance to appear before the Planning & Zoning Board. Mrs. Durante stated that she doesn't think that this is a matter of Council not wanting to deal with an issue. She talked with Mr. Carey last week and was informed that it had not left the Planning & Zoning Board yet. Mrs. Matthews stated that the reason this hasn't come to Council is a procedural error. The Planning & Zoning Board said that they would study the possibility of writing something into the Code and their conclusion was that the possibility was found to be unworkable. She thinks Mr. Carey will agree that they have finished with it and this is a conclusive statement that they made. - 2 - 2/11/80 Mr. Carey stated that the mechanics of how you get something from the Planning & Zoning Board to the Council are relatively simple. In the case of the discussions about the beach, they have had numerous meetings on that but there was no petition before the Board demanding a rezoning of that property. Therefore, there was no action taken by the Board recommending rezoning or no rezoning. It was just a general dis- cussion. Mr. Joseph Bell asked what Mr. Bird is going to propose to the Planning & Zoning Board. Mr. Bird replied that he generally is not in favor of spot zoning or special interest areas being addressed as separate entities. If there is a change needed to their zoning, he'd rather see that they apply it City-wide and, to that end, he has made some suggestions to Mr. Carey that he feels they should address. He doesn't think that having a five story building on the ocean is any more objectionable than having some seven story buildings in some other loca- tions. He thinks that they need to look at that whole problem. Mayor Weekes stated that next Monday is Washington's birth- day, a holiday, and they will not have a workshop next Monday. 5.b.1. Ron Sanson, 415 Bluebird Drive, complimented the Building Department for enforcing the sign ordinance and thanked Council for appointing him to the Code Enforcement Board. 5.b.2 Mr. Sanson asked if the City Administration would send a building inspector to a new housing development, which is starting to be built, located at-the entrance to Tropic Palms, called The Point. The Point has erected three national flags and two model banner flags that say "welcome". 5.b.3. Mr. Sanson futher stated that his main purpose.here tonight is to ask for an explanation as to what has happened at the Spanish River Inn and how that was permitted. The local developer of that Inn appeared at the Kiwanis Club recently to inform them that the Inn had gone into time-sharing and he also stated that these units had all been converted into actual residential units meaning that kitchens had been installed. He has researched the Zoning Code and he cannot find any- where where it says that someone is allowed to take a commercial enter- prise and convert it into a residential enterprise without having to go in front of the Planning & Zoning Board and without having to have certain exceptions made. The City Attorney replied that he would give Mr. Sanson an explanation tomorrow or the next day if he's available. It's something that will take some time to explain and will involve Dan Kotulla, Plan- ning Director, and Roy Reid, Chief Building Official. Mr. Bird stated that with regard to time-sharing, there are a number of areas where the term resident is used and in some cases they identify residential property ownership as being a proper status for doing certain things. He asked if they could have a definitive review of where they stand with regard to people who are residential property owners for 2 out of 52 weeks. 5.c. Mr. Bob Wilde, MTA Equipment Corporation, Fort Lauderdale, asked Council if it would be possible to throw out the bids that were recently put up for the front end motor equipment that the City has considered. The reason for this is the fact that one of the bidders was allowed to amend his bid about two days after the bid was closed. The City Manager replied that that is agenda item 8.e. The City Attorney stated that Council may amend the agenda if they are so inclined. Mr. Scheifley suggested that they bring this up as~scheduled on the agenda. 6.a.1. The City Manager reported that they have a request for water service from Emma P. McMurray who lives in a single family home at 4043 West Atlantic Avenue outside the City. It,is recommended that Council approve the standard City water service annexation agreement. He deter- mined that this property is contiguous to the City so steps will be taken immediately to have the property annexed to the City. - 3 - 2/11/80 Mr. Bird moved for approval, seconded by Mr. Young. Said motion passed unanimously. Mr. Bird asked the City Attorney if the standard agreement has been reviewed to see whether it still uses the word contiguous. The City Attorney replied that it does use the word contiguous and he dic- tated an amendment to it this weekend. 6.b. The City Manager reported that in compliance with require- ments set forth in Chapter 12 of the City's Code of Ordinances, Council should appoint Clerks and Inspectors to conduct the upcoming election. It is suggested that the list of possible appointees shown on the sheet, from which sufficient numbers of Clerks and Inspectors will be selected by the City Clerk, be approved by Council. Mr. Bird moved to approve the list of potential Clerks and Inspectors, seconded by Mrs. Durante. Mr. Young stated that there is one name on the list that should not be on and that is Marjorie M. Young; she has moved from Delray Beach and now lives in Boynton Beach. Mr. Bird modified his motion to that effect, seconded by Mrs. Durante. Said motion passed unanimously. 6.c. The City Manager reported that as discussed at the February 4th workshop meeting, Council is to consider the appointment of Mrs. Elfreda Forbell, 552 N.W. 48th Avenue, Rainberry Woods, to the Beautifi- cation Committee to replace Mr. George Feeley, who has resigned. Mr. Scheifley moved to appoint Mrs. Elfreda Forbell to the Beautification Committee to replace Mr. George Feeley who has resigned, seconded by Mrs. Durante. Said motion passed unanimously. 6.d. The City Manager reported that as discussed at the workshop meeting on February 4th, Council is to consider the reappointment of Messrs. Tom Woolbright and Russell Jennings as members of the Board of Construction Appeals to three-year terms ending January 8, 1983; Mr. Russell Warren to a three-year term ending January 8, 1983, to replace Mr. John Knudson who is now a City employee; and Mr. Matt Gracey to the unexpired term of Mr. William Plum, ending January 8, 1981, who resigned to serve on the Code Enforcement Board. Mr. Bird moved for the reappointement of Tom Woolbright and Russell Jennings as members of the Board of Construction Appeals to three-year terms ending January 8, 1983, Mr. Russell Warren to a three- year term ending January 8, 1983, to replace John Knudson and Mr. Matt Gracey to the unexpired term of Mr. William Plum, ending January 8, 1981, seconded by Mrs. Durante. Said motion passed unanimously. 6.e. The City Manager reported that as discussed at the February 4th workshop meeting, Council is to consider the reappointment of Messrs. John Henderson and Jake Pullum as regular members of the Board of Ad- - justment to three-year terms ending March 15, 1983; the reappointment of Mr. Alexander Simon as an alternate member to a three-year term ending March 15, 1983; and the appointment of C.W. Bowring, III, to Marie Horenburger's unexpired term, as an alternate member, ending March 15, 1980, and to a full term ending March 15, 1983. Mrs. Horenburger was elevated from alternate member to regular member to replace Mr. Charles Toth, who resigned. Mrs. Durante moved for the following appointments to the Board of Adjustment: Mr. John Henderson and Jake Pullum as regular members to a three-year term ending March 15, 1983; the reappointment of Mr. Alexander Simon as an alternate member to a three-year term ending March 15, 1983; and Mr. C.W. Bowring, III, to the unexpired term of Marie Horenburger ending March 15, 1980, and to a full term ending March 15, 1983, seconded by Mr. Bird. Said motion passed unanimously. - 4 - 2/11/80 6.f. The City Manager reported that it is recommended that Coun- cil approve the execution of a Developers Utility Service Agreement with Carman Development Ltd. for the providing of water and sewer service to the area described as Pines of Delray North, Phase III, west of Congress Avenue, north of Lake Ida Road and south of the City limits. A check in the amount of $22,400 has been deposited in the Developers Fund to cover 224 units @ $100 each. Mr. Bird moved to approve the execution of the Developers Utility Service Agreement with Carman Development, seconded by Mrs. Durante. Said motion passed unanimouslY. 7.a. The City Manager reported that a communication has been re- ceived from the Area Planning Board dated January 28th, requesting A-95 Clearinghouse review and comment relative to the Board of County Com- missioners for the Department of Airports. This is an application for Federal assistance to obtain planning grant funds to perform a site selection and Master Plan Study for a new General Aviation Airport in South Palm Beach County. This project will not'result in any adverse effects to the local natural, social or economic environment. Council may either concur with the City Manager's letter or state its disap- proval. Mrs. Durante moved that Council concur with the City Mana- ger's letter, seconded by Mr. Scheifley. Said motion passed unanimously. 7.b. The City Manager reported that a communication has been re- ceived from Lions Club of Delray Beach, Inc., requesting permission to solicit funds on March 8, 1980, approval of which is recommended by the Solicitations Committee. Mr. Scheifley moved to approve the recommendation of the Solicitations Committee for the Lions Club, seconded by Mr. Young. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 15-80 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain properties, the owners of which failed to abate such nuisances within the allotted time from date of original nuisance violation notice. Council may request any further desired information in lieu of which, and in compliance with Section 15 of the City's Code of Ordinances, adoption of Resolution No. 15-80 is recommended. The City Attorney added that there has been an amendment to the resolution setting forth the legal description more completely on the last page. The City Manager presented Resolution No. 15-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVY- ING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUB- JECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 15-80 is on file in the official Resolution Book) Mr. Bird moved for adoption of Resolution No. 15-80, second- ed 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. - 5 - 2/11/80 Before roll call, Mr. Scheifley asked the City Attorney if these will still come to Council after the Code Enforcement Board gets into operation. The City Attorney replied that they will still come to the City Council. 8.b. The City Manager reported that it is recommended that the sanitary sewers and water utilities installed in Abbey Delray be ac- cepted as operational by adoption of Resolution No. 16-80. The City Manager presented Resolution No. 16-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SE~RS AND ~ATER UTILITIES INSTALLED IN ABBEY DELRAY, PHASE I AS RECORDED IN PLAT BOOK 33, PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: ALL OF THE LINES IN FRONT OF TRACT B ON S.W. llTH COURT, AS OPERATIONAL AND SETTING THE INITIAL SCHE- DULE 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; PROVID- ING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 16-80 is on file in the official Resolution Book) Mrs. Durante moved for adoption of Resolution No. 16-80, 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 streets and storm drains installed in Abbey Delray be accepted as opera- tional by adoption of Resolution No. 17-80. The City Manager presented Resolution No. 17-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN ABBEY DELRAY, PHASE I, AS RECORDED IN PLAT BOOK 33, PAGE 180 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. 17-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 17-80, 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. 8.d. The City Manager reported that Resolution No. 18-80 setting forth the need for funds to monitor the beach erosion control project, revegetate the beach, monitor the effects of dredging on the coral reef and conduct an off-shore sand search is before Council for considera- tion. This resolution is needed as part of the submission and applica- tion for the $166,500 from the Department of Natural Resources. The application has been submitted and this resolution will complete the transaction. The City Attorney advised that there was a minor amendment in the second whereas clause indicating that Delray Beach is committed to a program of coastal restoration and preservation rather than the language that had been included. - 6 - 2/11/80 The City Manager presented Resolution No. 18-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ADMINISTRATIVE RULE 16B-23.05(3) REGARDING INFORMATION FOR APPLICATIONS FOR EROSION CONTROL TRUST FUND FUNDS, SETTING FORTH THE NEED FOR FUNDS TO MONITOR THE BEACH EROSION CONTROL PROJECT, TO REVEGETATE THE BEACH, TO ~NITOR THE EFFECTS OF DREDGING ON THE CORAL REEF, AND TO CONDUCT AN OFFSHORE SAND SEARCH. (Copy of Resolution No. 18-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 18-80, 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.e. The City Manager reported that Resolution No. 19-80 author- izing purchase of sanitation equipment that will be required when the City takes over the trash and garbage collection on July 1, 1980, is before Council for consideration. The City Manager presented Resolution No. 19-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING CONTRACTS FOR THE PURCHASE OF SUCH SANITATION EQUIPMENT THAT WILL BE REQUIRED WHEN THE CITY OF DELRAY BEACH TAKES OVER THE GARBAGE AND TRASH COLLECTION IN THE FRANCHISE AREA ON JULY 1, 1980. (Copy of Resolution No. 19-80 is on file in the official Resolution Book) Bids were received as follows: Bid No. 176 - Residential Refuse Collection Trucks (6) Container Systems & Equipment Co. No Bid Advance Fabricators No Bid Southland Equipment Corp. $57,755. ea. $346,530.00 Truxmore Industries, Inc. $38,250. ea. $229,500.00 Bid No. 177 - Self-contained Trash Trucks (7) Peterson Industrial Machine, Inc. $27,312.14 ea. $191,185.00 Trade-in 3 trash loaders $12,500 Trade-in 5 trucks 17,500 Total trade-in $30,000 Net Cost $161,185.00 Bid No. 175 - Commercial Refuse Collection Trucks (3) Southland Equipment Corp. $58,573 ea. $175,719.00 Trade-in 2 - 1973 loaders 3,000. Net Cost $172,719.00 MTA Equipment Corp. Option "A" $219,864.60 Option "B" 215,067.72 Option "C" 199,140.90 Option "D" 203,253.00 Option "E" 219,446.00 Less trade-in $1,000. - 7 - 2/11/80 8 It is recommended that Council authorize the purchase of 6 refuse pack- ers at a low bid figure of $229,500.00, 7 self-contained trash trucks in the amount of $161,185.00 and 3 commercial refuse trucks in the amount of $172,719.00 by adoption of Resolution No. 19-80. It being understood that the City attempt to obtain financing for the purchase of this equipment which totals $563,404.00 by the proposed sale of garbage fee revenue bonds. Arrangements have not yet been made for the sale of those bonds to the banks. Mr. Bob Wilde of MTA Equipment Corp., stated that the bid concerning the commercial equipment was questionable in the fact that the bidder, Southland Equipment Corp., did not fully comply to the bid but was allowed 2 days later to amend their bid. The amendment that they put in there was to okay the City's $200 per day late charge. At the time of this bid, they would not accept those terms. The City Manager stated that this has not been discussed and he was not informed that there would be any protest. The City Attorney suggested that Council pass the resolution as applied to Bid Nos. 176 and 177 and not pass it in regard to 175 and allow the City Attorney's office an opportunity to review this with the Administration. Mr. Scheifley moved for passage of Resolution No. 19-80 approving Bid Nos. 176 and 177 and excluding Bid No. 175, 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. 20-80 relative to endorsing a program of Planned Parenthood and authorizing execution of an application with the State of Florida Department of Community Affairs for grant funds for a'satellite office in Delray Beach is before Council for consideration. This was discussed at the workshop meeting on February 4th. The City Manager presented Resolution No. 20-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING OF AND AUTHORIZING AND DIRECT- ING THE MAYOR TO EXECUTE AN APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FUNDS UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE AGREEMENT IN REGARD THERETO; PROVIDING THAT THE CITY OF DELRAY BEACH WILL BE RESPONSIBLE FOR THE LOCAL MATCH REQUIRED UNDER THE PROVISIONS OF SAID ACT. (Copy of Resolution No. 20-80 is on file in the official Resolution Book) Mrs. Durante moved for the passage of Resolution No. 20-80, 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.g. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the January 28th 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. - 8 - 2/11/80 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 ENACT- ING 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, TOg~SHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 4-80 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 adoption of Ordinance No. 4-80 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. 8.h. The City Manager reported that Ordinance No. 5-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend the Zoning ordinance to add the term "industrial equipment" to the list of prohibited or restricted motor vehicles in residential districts. This ordinance was passed on First.Reading at the January 28th 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. 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 TE~4 "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. (Copy of Ordinance No. 5-80 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 passage of Ordinance No. 5-80 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll 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. 6-80 amending Chapter 25 "Traffic and Motor Vehicles" of the Code of Ordinances rela- tive to determining the need for official traffic control devices, signs and signals is before Council for consideration on First Reading. - 9 - 2/11/80 The City Manager presented Ordinance No. 6-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25 "TRAFFIC AND MOTOR VEHICLES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING AND RELETTERING EXISTING SUB- SECTION 25-1(c) TO BECOME SUBSECTION 25-1(d) AND ENACTING NEW SUBSECTION 25-1(c) TO AUTHORIZE THE ENGINEERING DE- PARTMENT TO DETERMINE THE NEED FOR OFFICIAL TRAFFIC CON- TROL DEVICES, SIGNS AND SIGNALS, RATIFYING EXISTING TRAFFIC CONTROL DEVICES, SIGNS AND SIGNALS, SPECIFYING INSTALLATION REQUIREMENTS; PROVIDING A PENALTY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 6-80 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. Mr. Scheifley stated that he was at the Patio restaurant yesterday about 12:30 when it was raining and the traffic situation over there is intolerable. 8.j. The City Manager reported that Ordinance No. 7-80 amending Chapter 29 "Zoning" of the Code of Ordinances relative to requiring the certification of an architect or engineer that paving and drainage faci- lities for off-street parking areas have been constructed according to the approved plans is before Council for consideration on First Reading. Council, at the January 7th workshop meeting, instructed the City Attor- ney to prepare the ordinance. The City Manager presented Ordinance No. 7-80: 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 SECTION 29-18(B)(4) TO REQUIRE THE CERTIFICATION OF A~ ARCHITECT OR ENGINEER THAT PAVING AND DRAINAGE FACILITIES FOR OFF-STREET PARKING AREAS HAVE BEEN CON- STRUCTED ACCORDING TO THE APPROVED PLANS, RELETTERING EXISTING SUBSECTION (c) TO BECOME SUBSECTION (d); PRO- VIDING 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. 7-80 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. 8.k. The City Manager reported that Ordinance No. 8-80, amending Chapter 9 "Building Code" of the Code of Ordinances relative to estab- lishing requirements for walls and handrails on both sides of stairways is before Council for consideration on First Reading. The City Attorney was instructed by Council, at the January 7th workshop meeting, to pre- pare the ordinance. The City Manager presented Ordinance No. 8-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 1115.5 OF SECTION 9-1 "HANDRAILS" AND ENACTING A NEW SUBSECTION 1115.5 TO BE CODIFIED UNDER SECTION 9-1.2, ESTABLISHING REQUIREMENTS FOR WALLS AND HANDRAILS ON BOTH SIDES OF STAIRWAYS; PROVIDING AN EXCEP- TION THERETO; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 10 - 2/11/80 The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 8-80 on First 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. 8.1. The City Manager reported that Ordinance No. 9-80, amending Chapter 23 "Streets and Sidewalks" and Chapter 29 "Zoning" of the Code of Ordinances relative to installation and maintenance of walls, fences, hedges and similar structures, on or adjacent to public rights-of-way is before Council for consideration on First Reading. Council, at the workshop meeting on January 7th, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 9-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23 "STREETS AND SIDE- WALKS" AND AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING ARTICLE III OF CHAPTER 23 AND REPEALING SECTION 29-17(I), ENACTING A NEW ARTICLE III CHAPTER 23 AND A NEW SECTION 29-17(I), PROVIDING REGULATIONS REGARDING THE INSTALLA- TION AND MAINTENANCE OF WALLS, FENCES, HEDGES AND SIMILAR STRUCTURES, ON OR ADJACENT TO PUBLIC RIGHTS OF WAY, PRO- VIDING FOR REMOVAL OF SUCH STRUCTURES AS A NUISANCE UNDER CERTAIN CONDITIONS, REQUIRING A PERMIT FOR ANY WORK TO BE PERFORMED IN PUBLIC RIGHTS OF WAY OR ON CITY OWNED PROP- ERTY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Young moved for the adoption of Ordinance No. 9-80 on First Reading, seconded by Mr. Bird. Before roll call the following discussion was had: Mr. Bird asked if this ordinance provides for the problem of impaired vision at intersections. The City Attorney replied that paragraph (1) under (a) and (b) both address that question referring to obstructions to visibi- lity and this ordinance gives the City Engineer the authority to require either the removal or the modification of any hedge or tree that may obstruct visibility. The City Attorney added that he had intended to include on line 1 under paragraph (a)(1) and (b)(1) "on over or adjacent to public rights of way". Mr. Young accepted the amendment to the motion, 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.m. The City Manager reported that Ordinance No. 10-80 estab- lishing a charge for installation of grave markers is before Council for consideration on First Reading. Council instructed the City Attorney at the February 4th workshop meeting to prepare the ordinance. The City Manager presented Ordinance No. 10-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE RULES AND REGULATIONS OF THE DELRAY BEACH CEMETERY BY AMENDING SECTION VIII, "CONTROL OF WORK BY CITY", RULE 1, TO ADD "ALL INSTALLATION OF GRAVE MARKERS"; AMENDING SECTION XVI, "RULES FOR MEMORIAL ~RK", RULE 1, TO ADD THE WORDS "AND GRAVE MARKERS", CHANGING THE WORD "PLACED" TO "INSTALLED"; AMENDING RULE 5 TO ADD A SUBSECTION 6 TO ESTABLISH A CHARGE FOR IN- STALLATION OF GRAVE MARKERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 11 - 2/11/80 The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 10-80 on First 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.n. The City Manager reported that Ordinance No. 11-80, amending Chapter 29 "Zoning" of the Code of Ordinances relative to parking regu- lations in the CBD (Central Business) District is before Council for consideration on First Reading. Council instructed the City Attorney at the February 4th workshop meeting to prepare the ordinance. The City Manager presented Ordinance No. 11-80: 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 SECTION 29-13(A)CBD (CENTRAL BUSINESS DISTRICT), "PURPOSE", BY ADDING A NEW PARAGRAPH PROVIDING FOR THE REVIEW OF PLANS BY THE DOWNTOWN DEVELOP~.~.NT AUTHORITY PRIOR TO ISSUANCE OF ANY BUILDING PERMITS; BY REPEALING SECTION 29-13(I) (3) CBD (CENTRAL BUSINESS DISTRICT), "PARKING AND LOADING REGULATIONS" AND ENACTING A NEW SEC- TION 29-13(I) (3) ESTABLISHING PARKING REQUIREMENTS FOR ALL USES, PROVIDING FOR ADDITIONAL REQUIRED PARKING SPACES FOR THOSE SPACES ELIMINATED BY CONSTRUCTION OR ADDITIONS, AND TO PROVIDE FOR SPECIAL PARKING SPACE RE- QUIREMENTS FOR RESTAURANTS, COCKTAIL LOUNGES, AND BARS; BY AMENDING SECTION 29-13(J)(2) CBD (CENTRAL BUSINESS DISTRICT) "ALTERNATE OFF-STREET PARKING REGULATIONS" TO INCREASE THE IN LIEU PARKING SPACE PAYMENT TO $2,500 PER SPACE FOR NEWLY CONSTRUCTED BUILDINGS AND ADDITIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Attorney reported that this ordinance was prepared along the lines of the recommendation from the Planning & Zoning Board. It includes those recommendations entirely except with the addition in Section 1 (A) where the plans must be reviewed by the Downtown Develop- ment Authority prior to the issuance of any building permits. Mr. Bird stated in the last sentence of the preface it reads "to increase the in lieu parking space payment to $2,500 per space for newly constucted buildings and additions"; Section 3 (2) says the same thing. It seems to him that they are talking about new additions; he asked if the additional space would necessarily have to be new. The City Attorney replied that in the event you enclose something, then he thinks that would fall under the ordinance and re- quire additional parking. If, on the other hand, all you are doing is using what was formerly a storeroom for additional use, that would not require it. In the case of a restaurant, he. thinks that it would fall under the ordinance; the parking requirement for a restaurant is clearly established. At the request of Mr. Bird, the City Attorney agreed to review this. Mr. Bird moved for adoption of Ordinance No. 11-80 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. 9.a. 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 Delray Oaks First Addition, located on the north side of the C-15 Canal, between Congress Avenue and the E-4 Canal, be ap- proved, subject to the following: - 12 - 2/11/80 1) City Engineer's memorandum of January 21st. 2) Director of Public Utilities memorandum of January 9th. 3) Availability of water. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board subject to the 3 items in the preface to the agenda, seconded by Mr. Bird. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on January 22nd, recommended by unanimous vote that the site and development plan for Southern Pines, located on the south side of Germantown Road, between S.W. 22nd Avenue and Congress Avenue 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. This was discussed at the January 4th workshop meeting. Mr. Bird moved to sustain the recommendation of the Planning and Zoning Board subject to the 4 items shown on the agenda, seconded by Mrs. Durante. Said motion passed unanimously. 10. Mayor Weekes stated that a couple of weeks ago he mentioned that there was proposed in Tallahassee on the 12th a hearing on Local Option Repealer Bill. It was confirmed at noon today. He is not able to attend so Assistant City Attorney Thiele is going to Tallahassee to represent the City at that hearing. 11. Mrs. Durante complimented Mr. Church, City Engineer. She noticed men working putting yellow markings on Lake Ida Road at the beginning of the week. She called it to the attention of Mr. Church because those markings didn't seem to be in the right place. Mr. Church told her that the design was done by the County but he would check it out right away. He did check it out and it was an error on the County's part; he had the markings removed on Saturday. Mayor Weekes declared the meeting adjourned at 8:45 P.M. y 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 February 11, 1980, which minutes were formally approved and adopted by the City Council on ~--~J~/ /~o . City 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 - 2/11/80