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02-25-80 FEBRUARY 25, 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 25, 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 Mayor Weekes. 2. The Pledge of Allegiance to the flag of the United States of ~merica was given. 3. Mr. Young moved for approval of the minutes of the regular meeting of February 11, 1980, seconded by Mr. Bird. Said motion passed unanimously. 4.a.1. Mayor Weekes presented a proclamation proclaiming March 2, 1980 as "Palm Beach County Sports Hall of Fame Day". 4.a.2. Mayor Weekes presented a proclamation proclaiming the month of March, 1980 as "Red Cross Month". 4.a.3. Mayor Weekes stated that they need to make preparations for the Palm Beach County Legislative Delegation hearings Friday night in West Palm Beach. They have asked the City Attorney to make a present- ation with regard to the Civil Service Act and the only other item that they have to come before the delegation is the Annexation Bill. Mr. Bird and Mr. Young stated that they will also attend the hearings. 5.a. Mr. Richard Brown, 301 N.W. 7th Avenue, stated that about two years ago, he came before Council and asked that something be done about the dogs running indiscriminately on people's property. The City has taken some steps; the animal control in Palm Beach has come down and talked with his wife about the situation. They see the situation con- tinuing. He asked if the City would take more drastic action. Mayor Weekes stated that Mrs. Durante has been complaining about the same matter and she sent a memo to the members of Council last week to that effect. Mrs. Durante stated that she is glad that Mr. Brown is here to voice this complaint; that is what is really needed. The response that she keeps getting is that people are not complaining, but people are complaining to her all the time but they don't feel like coming to Council meetings or calling in and complaining about it; they feel that telling her should be enough. They need for more people to speak up. Mr. Scheifley stated that he feels that this problem could be eliminated within two weeks. If a crew was put on for the dogs for 24 hours a day for two weeks, he thinks they would get most of the dogs. However, he understands that they're only going out upon complaints; there is no dog catcher that goes out and looks for dogs. Mrs. Durante stated that she had a conversation with the City Manager and with Mr. Lou Martin and they reached the conclusion that possibly two things would be done. One thing that Mr. Martin said was that the complaints are not sufficient. They did discuss doing something about the ordinance regarding the dog catcher program because right now if the dog catchers see a dog in someone's yard, they can't pick that dog up. She thinks they should knock on the door and see if the dog belongs to that owner and, if it does not, then pick it up. Mr. Brown asked what the fine is when a dog is picked up for not having a leash. The City Manager replied that it isn't very much but they are looking into whether or not it's advisable to raise the fine. Mrs. Durante stated that the fine is.S1.00 and nobody minds paying one dollar to come get their dog and let it run loose again, so they need to raise the fine. Mrs. Alice Finst, 707 Place Tavant, stated that the last time she called the dog catcher, she was told that Chatelaine was not in the City and that she was not entitled to dog catching service because she was not covered by City garbage collection. That situation was worked out but she was told when she called at 4:00 P.M. that that was about the end of the route and the catcher would be out in the morning. Coming out in the morning does not cover her problem which occurs every day between 4:00 and 6:00 P.M., nor does it cover the problem which occurs every day between 6:00 and 8:00 A.M. The Homeowners League in Chatelaine has been very insistent in the past.that something be done about this. In last year's budget, $5,000 was appropriated for emer- gency and 24 hour dog catcher service; she suggests that the leash law be enforced. Mrs. Elizabeth Matthews, 1024 White Drive, stated that she is glad that Mrs. Durante brought this issue up. If Council is going to give attention to this matter, she hopes that they will keep the health hazard of dogs on the beach in mind. Mr. Bird suggested that they have the City Attorney provide them with the appropriate changes to the ordinances to insure that the penalty is sufficient to be a deterrent. The City Manager stated that the City has already started spending that money; they've hired an additional dog catcher. The regular dog catcher, due to health reasons, is on limited duty now, and is gathering the information that will let them know whether or not and the different ways they should make revisions; one of which has to do with the amount of the fine. That information will be gotten together prior to getting it to the City Attorney for his consideration, for his drafting of the ordinance and for subsequent consideration by Council. In response to a question from Mrs. Finst, the City Manager stated that decisions have been made on a number of occasions by the Public Works Department that beefing up the program by way of additional personnel was not needed. Mayor Weekes stated that if it is necessary that they con- sider appropriating additional funds, he would be willing to consider that out of the City's general contingency fund. He suggested that they discuss it at the next workshop meeting. 5.b. Mr. Sam Portnay, High Point Section 6, stated that about a month ago he complained about the clean-up on Atlantic Avenue west of 1-95 and he is very happy to see that it has been done. He complimented the City Manager for doing a great job; the streets are much cleaner than they have ever been before. 5.c. Mr. Charles Soelch stated that he would like to speak in reference to item 8.i., the First Reading of Ordinance No. 13-80. He understands that High Point has been excused from the provisions of this ordinance, if passed. Th~ people at Country Manors object to this. Mr. Cameron, representing Country Manors, stated that they at Country Manors wish to file a formal objection to this ordinance on the basis of it being totally discriminatory to the rest of the condo- miniums in the Delray Beach area. They understand that the new equip- ment that is to be purchased will be purchased through a bond issue and they also understand that that bond issue will then be paid for by the users. High Point has not been paying the taxes for this equipment during the preceding years. Mayor Weekes stated that the charges are levied by a monthly assessment to the user of the service and if High Point is not a user of the service, they will not be assessed for it. Those citizens who do use it will receive a monthly charge for it in their garbage and trash collection fee. Mr. Cameron added that Country Manors has a very satisfac- tory trash removal arrangement with County Sanitation and they are desirous of continuing the same. - 2 - 2/25/80' Mayor Weekes stated that this matter has been in the works for over three months and they have now finalized what the Council's intentions are with regard to High Point, they have finalized purchase of equipment and have come to the point of passing on First Reading an ordinance that regards High Point. To come up with an objection at this time, as opposed to three or four months ago when this was under con- sideration, he really does not know how to respond to it. In response to a question from Mr. Cameron, Mayor Weekes stated that High Point was not included. That was done at the specific request of all of the Presidents of High Point Associations 1 through 7. In a formal letter to the Council they asked for a meeting with Council at workshop which was held. After several meetings, which appeared in the press, the Council determined that they would agree to not include High Point when the County Sanitation contract runs out for a number of reasons. Mr. Cameron stated that they will have no problem in getting the signatures of the residents of Country Manors and they ask that they be considered to be included under this ordinance. Mr. Soelch stated that when Council endeavors to enforce this ordinance, they intend to go to the courts on it because they object to it very strenuously. They feel that it is highly discrimi- natory and that it doesn't have legal basis. 6.a.1. The City Manager reported that this item is tied to agenda item 6.d. which is consideration of appointing Roy Simon to the new Code Enforcement Board. Should that be done, that would leave his vacancy on the Community Appearance Board. The City Attorney suggested placing this item after item 6.d. on the agenda. Mr. Bird moved that they place this item behind item 6.d. and make it 6.d.l., seconded by Mr. Young. Said motion passed unani- mously. 6.a.2. The City Manager reported that this item concerns the in- stallation of a 10-inch water main on Germantown Road from Lowson Boule- vard to Linton Boulevard. Action was taken by Council on this item on November 13, 1979, which was to authorize the drafting of an agreement between the City and the developer, Boca Raton Yacht and Tennis Club, for installation of the water line with the City and the developer sharing equally in the cost, including both construction and engineering costs. At that time, the estimated cost was $75,000. Bids have recent- ly been taken informally and it is found that the cost is considerably more than that. An agreement has therefore been drafted as was approved by Council some time ago, the only difference being that the estimated cost being more now than it was then. The Administration is still recommending approval of the agreement but the estimated cost is on the order of $110,000 instead of the $75,000 former estimate. The City's maximum obligation is to be $55,000 regardless of what the cost might turn out to be. Mrs. Durante moved for approval of the agreement subject to a maximum of $55,000 on the City's part, seconded by Mr. Bird. Said motion passed unanimously. Mayor Weekes stated that Dr. McOwen has just come in and as Dr. McOwen intended to speak during public requests from the floor, he asked for Council's permission to allow Dr. McOwen to come forward at this time. 5.d. Dr. Scott McOwen, 302 N.W. 18th Street, President of the Soccer League, presented a plaque to Mayor Weekes in.appreciation of his efforts in promoting the completion of Miller Park for the use of Delray Beach. Dr. McOwen outlined the activities of the Soccer League and asked about the bonds. Mayor Weekes replied that they have a bond validation hearing set for March 3rd. Assuming the court validates those bonds, there will then be a 30 day appeal time. After that they can then advertise and sell the bonds. His best judgment is that the money will be in hand sometime around mid-May. Dr. McOwen added that - 3 - 2/25/80 they gave an award to the City Manager and he is the only City Manager that has initiated and followed through with parks for the youth in the community. On Sunday, March 9th, at 3:00 P.M., the Delray Soccer League will have their awards. 6.b. The City Manager reported it is recommended that Council authorize execution of an agreement between the City and Palm Beach County School Board with respect to the Community School Program, which has been in operation in the City for several years. This agreement will involve an expenditure of $4,000 for the 1979-80 fiscal year in- stead of $8,000 as budgeted in previous years. Funds are provided in the 1979-80 budget for this purpose. Mrs. Durante moved for the approval of the agreement between the City of Delray Beach and Palm Beach County School Board, seconded by Mr. Bird. Said motion passed unanimously. 6.c. The City Manager reported that if Council is ready to do so, consideration may be given to the reappointment of Dr. John Miklos as a regular member of the PERC Commission to a 4-year term ending March 13, 1984. Dr. Miklos is willing to serve if reappointed. This reappoint- ment has been recommended by the Chairman of PERC. Mrs. Durante moved for the reappointment of Dr. John Miklos as a regular member of the PERC Commission for a 4-year term ending March 13, 1984, seconded by Mr. Bird. Said motion passed unanimously. 6.d. The City Manager reported that Council may consider appoint- ing Roy Simon, architect, as a member of the Code Enforcement Board to a three-year term ending January 14, 1983. Mr. Simon's transfer from the Community Appearance Board to the Code Enforcement Board leaves a vacan- cy on CAB that will need to be filled. Mr. Scheifley moved that Council appoint Roy Simon as a member of the Code Enforcement Board to a three-year term ending January 14, 1983, seconded by Mr. Young. Said motion passed unanimously. 6.d.1. The City Manager reported that it is recommended that Coun- cil consider the appointment of Michael Christensen, architect, to the unexpired term of Roy Simon on the Community Appearance Board. Mr. Bird moved that Council appoint Michael Christensen to the unexpired term of Roy Simon on the Community Appearance Board, seconded by Mr. Scheifley. Said motion passed unanimously. 6.e. The City Manager reported that it is recommended that Coun- cil authorize the transfer of $17,000 from the General Fund Contingency Account for electrical material to be used at the City Marina. $20,000 is provided in the current budget for required electrical work at the Marina, but an additional $17,000 is needed to complete the project. The electrical repairs will be done by City employees. Mr. Bird moved to transfer $17,000 from the General Contin- gency Account to do work at the City Docks, seconded by Mrs. Durante. Said motion passed unanimously. 6.f. The City Manager reported that as discussed at the February 4th workshop meeting, consideration is to be given to a proposed amend- ment to Ordinance No. 63-79 "Tennis Rates" which establishes two new membership categories: a winter membership and a summer membership for non-residents. It is recommended that Council consider authorizing the City Attorney to prepare the ordinance amendment as recommended. Mr. Bird asked if they have an estimate of what the effect will be on daily court time revenues if they enact this. The City Manager replied that he does not have an estimate but it is not a great deal of money, it looks like about $400 additional revenue to the City. Mr. Bird stated that unless they are prepared to enact this kind of membership for all of the City's facilities, he thinks they should con- tinue as they are. - 4 - 2/25/80' Mr. Scheifley stated that he is very much opposed to this. If they are going to have winter memberships for this facility, then they probably should consider winter memberships for others, which would defeat their whole purpose and secondly, he doesn't think there is any substantial increase in revenue. He is going to vote against changes in tennis court rates until it is put on a self-sustaining basis. Mr. Young moved to not give these resort facility tax mem- berships, seconded by Mr. Bird. Said motion passed unanimously. 7.a. The City Manager reported that a request has been received for water service for Easy Pay Tire Company, Inc., to be constructed on one acre on West Atlantic Avenue between the Delray Square Shopping Center and Barwick Road. It is recommended that Council approve execu- tion of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicant. Mr. Bird moved for the authorizing of the standard water service agreement with Mr. Ward, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Carey asked why the Del Aire Country Club is not a part of the City of Delray Beach. Mayor Weekes replied that it is because the agreement that the City entered into with them said that within three years from the date of the agreement, they would join the City. The City Attorney added that it's three years or at such time as they've transferred title to 80% of the lots, whichever comes first; the three years is up around the summer or fall of 1981. The City Attorney stated that he has dictated a new agree- ment which he will bring back to Council for approval. Once it is approved, they will use that for all future requests. At this point the roll was called to the motion. 8.ao The City Manager reported that the following quotations have been received for the purchase of three front end loading refuse vehi- cles: Bidder Quotation Southland Equipment Corporation $175,719.00 Bartow Trade-in allowance 3,000.00 $172,719.00 MTA Equipment Corporation $209,658.60 Amelia Island Trade-in allowance None - $209,658.60 It is recommended that the contract be awarded to the low bidder, South- land Equipment Corporation in the amount of $172,719 by passage of Resolution No. 22-80, with funding to come from proposed garbage fee revenue bonds. Resolution No. 21-80, which was adopted at the special Council meeting on February 21st, rejected bid No. 175 as shown on Resolution No. 19-80. Resolution No. 22-80 completes the sanitation equipment purchase that will be required when the City takes over the trash and garbage collection on July 1, 1980. The City Manager presented Resolution No.. 22-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE PURCHASE OF 3 FRONT END LOADING REFUSE VEHICLES THAT WILL BE RE- QUIRED WHEN THE CITY OF DELRAY BEACH TAKES OVER THE GARBAGE AND TRASH COLLECTION IN THE FRANCHISE AREA ON JULY 1, 1980. - 5 - 2/25/80 (Copy of Resolution No. 22-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 22-80, seconded by Mrs. Durante. Mr. Scheifley asked if thi~ equipment is going to assist them in doing the job after the franchise expires and they take over some of that service area. The City Manager replied that Council has already authorized the purchase of equipment for the franchised areas. This is for three commercial trucks that will serve commercial pickups. Mr. Young stated that at the noon meeting last week it was stipulated that June 15 was the date for delivery and asked if there has been a change in the contract. The City Attorney replied that Mr. Young is correct and it is June 15 and that should be included as part of the resolution. Mr. Bird amended his motion to read June 15th instead of July 15th in accordance with the specifications unless there was a change made in the negotiations, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Schefley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the February llth 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. 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 SUBSECTION 25-1(c) TO BECOME SUBSECTION 25-1(d) AND ENACT- ING NEW SUBSECTION 25-1(c) TO AUTHORIZE THE ENGINEERING DEPARTMENT TO DETERMINE THE NEED FOR OFFICIAL TRAFFIC CONTROL 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. (Copy of Ordinance No. 6-80 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. 6-80 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.c. The City Manager reported that Ordinance No. 7-80 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 requiring the certification of an architect or engineer that paving and drainage facilities for off-street parking areas have been constructed according to the approved plans. This ordinance was passed on First Reading at the February llth 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. - 6 - 2/25/80· 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 CERTIFICA- TION OF AN ARCHITECT OR ENGINEER THAT PAVING AND DRAIN- AGE FACILITIES FOR OFF-STREET PARKING AREAS HAVE BEEN CONSTRUCTED ACCORDING TO THE APPROVED PLANS, RELETTERING EXISTING SUBSECTION (c) TO BECOME SUBSECTION (d); PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 7-80 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. 7-80 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.d. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the February llth 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. 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 ~LLS AND HANDRAILS ON BOTH SIDES OF STAIRWAYS; PRO- VIDING AN EXCEPTION THERETO; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 8-80 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. Scheifley moved for the passage of Ordinance No. 8-80 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.e. The City Manager reported that Ordinance No. 9-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 23 "Streets and Sidewalks" and Chapter 29 "Zoning" of the Code of Ordinances relative to installation and main- tenance of walls, fences, hedges and similar structues, on or adjacent to public rights-of-way. This ordinance was passed on First Reading at the February llth 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. - 7 - 2/25/80 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, PROVIDING FOR REMOVAL OF SUCH STRUCTURES AS A NUISANCE UNDER CERTAIN CONDITIONS, REQUIRING A PERMIT FOR ~Y WORK TO BE PERFORMED IN PUBLIC RIGHTS OF WAY OR ON CITY O$~ED PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 9-80 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. 9-80 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.f. The City Manager reported that Ordinance No. 10-80 estab- lishing a charge for installation of grave markers is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the February llth 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. 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 INSTAL- LATION OF GRAVE MARKERS"; AMENDING SECTION XVI, "RULES FOR MEMORIAL WORK", RULE 1, TO ADD THE WORDS "AND GRAVE MARKERS", CHANGING THE WORD "PLACED" TO "INSTALLED"; A~NDING RULE 5 TO ADD A SUBSECTION 6 TO ESTABLISH A CHARGE FOR INSTALLATION OF GRAVE MARKERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 10-80 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. 10-80 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. Before roll call the following discussion was had: Mayor Weekes stated that he has discussed this with one of the local funeral directors and he was very critical of the way in which the City has handled the charges for the cemetery; he says that this City is sub- stantially higher for its cemetery charges than are the neighboring cities and that he is burying most of his family users in Boynton Beach - 8 - 2/25/80· or Boca Raton because of the price differential. He mentioned the fact that, at no point, when Council considers cemetery charges or other charges with regard to the operation of the cemetery are the local funeral directors consulted. He felt that the City should have a ceme- tery advisory board made up of the funeral directors whom they could consult when they go to make changes to the operation of the cemetery and the charges. He also said that such things as they are doing to- night are counter-productive because they have a substantial fixed ex- pense for the operation of the cemetery. It is operating at a deficit and one reason it is operating at a deficit is because they are driving people to the neighboring cities and increasing the fee serves no pur- pose to increase the income, to the contrary it sends people to other cemeteries. Mr. Cohen stated that he would like to know what the differ- ences in charges are between Delray Beach and Boynton Beach. Mayor Weekes asked that the City Manager get some figures together so that they can make a comparison. At this point the roll was called to the motion. 8.g. The City Manager reported that Ordinance No. 11-80 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 regulations in the Central Business District. This ordinance was passed on First Reading at the February llth 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. 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 AMEND- ING SECTION 29-13(A) CBD (CENTRAL BUSINESS DISTRICT), "PURPOSE", BY ADDING A NEW PARAGRAPH PROVIDING FOR THE REVIEW OF PLANS BY THE DOWNTO~ DEVELOPMENT 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 SECTION 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 REQUIREMENTS FOR RESTAURANTS, COCK- TAIL LOUNGES, ~D 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 EFFEC- TIVE DATE. (Copy of Ordinance No. 11-80 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. Mr. Roy Simon, 201 N.W. llth Street, stated that back in the mid 60's the parking requirements were changed for the then C1 District which is presently the CBD District. Because of the.situation downtown of the small lots and the closeness of the buildings, it was impossible for businesses to add and provide parking. Around 1968, the grandfather clause for the C1 District was removed and people became aware that they could not improve or enlarge their buildings downtown without providing the same parking requirements as the rest of the City. The Chamber of Commerce then embarked on trying to encourage some special treatment for the downtown area as businesses were leaving that area of town. The result was the Downtown Development Authority, which was established in - 9 - 2/25/80 1971 for the purposes of developing a parking authority and to encourage the improved vitality of the downtown area. Now, in 1980, they are just about ready to do the same thing and in 1981 they'll be back trying to find some way to keep businesses from moving off Atlantic Avenue. He thinks that Council should really give this considerable thought. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 11-80 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. Before roll call the following discussion was had: Mr. Bird asked Council if they think it's appropriate that they ask the Financial Advisory Board to review the charge which is in this ordinance, and, if they find it to be excessive, they can, at a later date, discuss reduc- ing it. As Mr. Simon said $2,500 is a lot of money but included in that $2,500 they'll never pay taxes again on that parking space and they will never maintain it again. The fact remains that this City is currently faced with a serious deficiency in parking spaces throughout the down- town area. The death of the downtown comes not from having charged the merchant a few extra dollars to provide for his customers, but to not provide the customers a place to come and park in order to frequent the merchants. He thinks this ordinance will help resolve part of that problem and he is willing to work with the Downtown Development Author- ity to insure the continued vitality of the downtown area. Mayor Weekes stated that he feels Mr. Simon has made a valid point in that it does not seem fair and reasonable to assess a merchant for a parking space which is to be used by a number of different mer- chants. He is going to support this ordinance but he thinks that they do need to continue to look at it and, as Mr. Bird suggested, to deter- mine whether $2,500 is a realistic price for a parking space. He thinks that Council would be willing to come back and take a look at it and see if changes are needed. At this point the roll was called to the motion. 8.h. The City Manager reported that Ordinance No. 12-80 amending Chapter 3 "Signs and Billboards" of the Code of Ordinances relative to banners and flags is before Council for consideration on First Reading. Council, at the February llth meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 12-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3 "SIGNS AND BILLBOARDS" OF THE CODE OF ORDINANCES BY REPEALING SECTION 3-3 (b)(4) AND ENACTING A NEW SECTTON 3-3(b)(4), DEFINING THE WORD "BANNER"; AND REPEALING SECTION 3-12(7) OF SAID CHAPTER 3 AND ENACTING A NEW SECTION 3-12(7) PROHIBITING BANNER SIGNS EXCEPT FOR TWO (2) FLAG BANNERS PER MODEL HOME OR MODEL APARTMENT AT THE TIME THE MODEL HOME OR MODEL APARTMENT IS OPEN FOR IN- SPECTION, THE FLYING OF THE UNITED STATES FLAG, THE FLAG OF ONE OTHER NATION AND EITHER A STATE OR MUNICIPAL FLAG, AND THE FLAGS OF SERVICE AND CIVIC CLUBS AT THEIR RESPECTIVE MEETING SITES DURING MEETING HOURS; LIMITING THE SIZE OF FLAG BANNERS FOR MODEL APARTMENTS OR MODEL HOMES TO AN AREA OF FIFTEEN (15) SQUARE FEET PER FLAG; 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. 12-80 on First Reading, seconded by Mr. Young. Upon ~oll 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. - 10 - 2/25/80 Before roll call, Mayor Weekes stated that he received a letter from the American Red Cross asking the City to fly the Red Cross flag during national Red Cross Week. As he understands this ordinance, that would be prohibited. At this point the roll was called to the motion. 8.i. The City Manager reported that Ordinance No. 13-80 amending Chapter 14A "Garbage and Trash" of the Code of Ordinances granting per- mission for Sections 1 through 7, High Point, to contract with a private contractor for the providing of garbage and trash collection is before Council for consideration on First Reading. At the January 21st work- shop meeting, Council instructed the City Attorney to prepare the ordi- nance. The City Manager presented Ordinance No. 13-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH" BY REPEALING SECTION 14A-10 AND ENACTING A NEW SECTION 14A-10 PROVIDING THAT GARBAGE AND TRASH COLLECTION WITHIN THE MUNI- CIPAL LIMITS OF DELRAY BEACH BE EXCLUSIVELY RESERVED TO THE CITY EXCEPT IN SECTIONS 1 THROUGH 7, INCLUSIVE OF HIGH POINT CONDOMINIUMS, WHEREIN THE RESPECTIVE CONDOMINIUM ASSOCIATIONS SHALL PROVIDE FOR GARBAGE AND TRASH COLLECTION SERVICES BY CONTRACTING WITH THE PERSON, FIRM OR CORPORATION OF THEIR CHOICE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 13-80 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. Before roll call the following discussion was had: Mr. Scheifley stated that it was his understanding that the Council agreed that they would consider and entertain requests from other areas and decide each case on its merits. Mr. Charles Soelch asked if commitments have already been made to buy equipment to service everybody but High Point. Mayor Weekes replied that the City had to order the equipment at some point and added that the only condominium association that came before Council and expressed any interest was High Point and they did it months ago. Mr. Soelch stated that Country Manors has been incorporated for five years and has been getting this service from an outside agency. It seems to him that they deserve the courtesy of being consulted indi- vidually if the City is going to change their mode of living. He asked how High Point became aware of this when they knew nothing about it. Mayor ~eekes replied that the residents of High Point have been doing their homework. Mr. Brody stated that at no time has any member of Council approached High Point on this garbage situation. .This goes back about six months ago when they realized that their contract was expiring and the City would be taking up the contract about July lat. They gathered a meeting of the seven presidents and talked it over. They had already prepared their budgets and knew what they could expend for garbage. They wrote a formal letter to Council requesting permission to sign a contract with County Sanitation. The same opportunities were offered to Country Manors. If Country Manors was astute and they like County Sanitation as much as they say they do, then why didn't they do the same thing and come before Council and request the permission. Mr. Scheifley stated that he doesn't understand this dis- cussion in view of the fact that they have agreed that they would enter- tain a request from any other area to be treated alike and decide each case on its own merits. - 11 - 2/25/80 Mr. Bird asked Mr. Soelch if the residents of Country Manors have been polled. Mr. Soelch replied that he is a member of the Board and is appearing here on behalf of the 440 residents of Country Manors. He is asking that Council give them an opportunity to present their plea without saying that they can't be considered because the City has al- ready bought equipment that includes servicing Country Manors. Mrs. Durante suggested discussing this item at a workshop meeting. Mr. Scheifley suggested that Mr. Soelch come to the workshop well-prepared with figures and 'facts. Mr. Soelch asked if he could have the commitment that they will not be turned down for the reason that the City has already bought the equipment. Mayor Weekes replied that he, personally, will hear them with an open mind but he will not make a commitment that he will vote in favor of it. At this point the roll was called to the motion. 8.j. The City Manager reported that Ordinance No. 14-80 amending Chapter 23A "Subdivisions" of the Code of Ordinances providing for pay- ments in lieu of dedication of land for parks and recreation is before Council for consideration on First Reading. Council, at the January 28th meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 14-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NDING CHAPTER 23A "SUBDIVISIONS" BY RE- PEALING SUBSECTION 23A-4(H)(1)(b) AND ENACTING A NEW SUB- SECTION 23A-4(H)(1)(b) PROVIDING FOR PAYMENTS IN-LIEU OF THE DEDICATION OF LAND FOR PARKS AND RECREATION PURPOSES IN REGARD TO DEVELOPmeNTS FOR WHICH SUBDIVISION APPROVAL IS SOUGHT, PROVIDING FOR THE CREATION OF A SEPARATE FUND INTO WHICH SUCH MONIES SHALL BE PAID AND FOR THE CONDI- TIONS REGARDING THE EXPENDITURE THEREOF, REQUIRING THE IN-LIEU PAYMENT PRIOR TO THE ISSUANCE OF BUILDING PERMITS; 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. 14-80 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. 8.k. The City Manager reported that Ordinance No. 15-80 amending Chapter 29 "Zoning" of the Code of Ordinances relative to prohibiting veterinary clinics from disposing of carcasses on-site is before Council for consideration on First Reading. Council, at the meeting on January 28th, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 15-80: 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 SEC- TION 29-11(C)(18) GC GENERAL COMMERCIAL DISTRICT, SECTION 29-12(C)(19), SC SPECIALIZED COMMERCIAL DISTRICT, AND SEC- TION 29-13(C)(17) CBD CENTRAL BUSINESS DISTRICT, TO PROHI- BIT THE ON-SITE DISPOSAL OF CARCASSES BY VETERINARY CLINICS; 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. 15-80 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. - 12 - 2/25/80 8.1. The City Manager reported ~hat Ordinance No. 16-80 amending Chapter 14A "Garbage and Trash" of the Code of Ordinances relative to fees for use of the City's transfer station is before Council for con- sideration on First Reading. The City Manager presented Ordinance No. 16-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A SECTION 14A-11 ESTABLISHING A $15.00 PER TON FEE FOR THE USE OF THE CITY TRANSFER STA- TION BY HAULERS OF GARBAGE AND TRASH OTHER THAN THE CITY OR THOSE SPECIFIED IN SECTION 14A-9, ESTABLISHING THE CHARGE FOR WEIGHTS OF LESS THAN ONE TON AT $.75 PER 100 POUNDS WITH A MINIMUM FEE OF $2.00; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Manager reported further that the County Solid Waste Authority levied a transfer station fee of $14.71 a ton when it was operated by that agency. Now that the City is taking it over, they need an ordinance establishing the fee and the Administration recommends a rounded fee of $15.00 per ton. Mr. Scheifley moved for the passage of Ordinance No. 16-80 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, Mr. Young stated that there doesn't seem to be any provision in the ordinance for an increase in the cost should the cost of living increase. The City Manager replied that to increase the fee would take future action by City Council. At this point the roll was called to the motion. 8.m. & 8.n. The City Manager reported that he and the City Attorney recommend that items 8.m. & 8.n. be skipped over tonight. Mr. Bird moved to table items 8.m. and 8.n., seconded by Mr. Young. Said motion passed unanimously. The Mayor left the Council Chambers for the duration of items 9.a., 9.b. and 9.c. and Vice-Mayor Scheifley took the chair. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on February 15th, recommended by unanimous vote that the final plat for Rainberry Lake (Phase IV B), located on the west side of Congress Avenue between Lake Ida Road and the L-30 Canal be approved, subject to the following: 1) City Engineer's memorandum of February 7th. 2) Director of Public Utilities memorandum of February 4th 3) Availability of water. Mr. Bird moved to sustain the Planning and Zoning Board's recommendation relative to final plat approval, seconded by Mrs. Durante. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on February 15th, recommended by unanimous vote that a replat of Phase IV A of the Rainberry Lake development, which consists of realigning a number of lot lines, located on the west side of Con- gress Avenue between Lake Ida Road and the L-30 Canal be approved, subject to the following: - 13 - 2/25/80 1) City Engineer's memorandum of February 6th. 2) Director of Public Utilities memorandum of February 4th. 3) Availability of water. Mrs. Durante moved to sustain the recommendation of the Planning and Zoning Board subject to the comments from the various departments, seconded by Mr. Young. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on February 15th, recommended by unanimous vote that a replat of a portion of Rainberry Lake - Phase II, which consists of increasing the frontage on the lake for Lot 15, located on the west side of Congress Avenue, between Lake Ida Road and the L-30 Canal be ap- proved, subject to the following: 1) City Engineer's memorandum of January 28th. 2) Director of Public Utilities memorandum of January 17th. 3) Availability of water. Mrs. Durante moved to sustain the recommendation of the Planning and Zoning Board subject to the comments from the various departments, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes returned to the meeting at this time. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on February 19th, recommended by unanimous vote that the site and development plan for Shoppes of Rainberry, located at the southeast corner of Lake Ida Road and Congress Avenue be approved, sub- ject to the following: 1) City Engineer's memorandum of January 21st. 2) Director of Public Utilities memorandum of January 10th. 3) Availability of water. 4) A time limitation of 18 months be set for development of the project. Council may take action on the recommendation of the Planning and Zoning Board or refer to workshop meeting. Mrs. Durante 'moved to sustain the recommendation of the Planning & Zoning Board subject to the comments in the preface to the agenda, seconded by Mr. Bird. Said motion passed unanimously. 9.e. 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 Estates II Subdivision (Hamlet-Phase XI), located on the east side of Hamlet Drive, between Atlantic Avenue and the L-34 Canal, be approved subject to the following: 1) City Engineer's memorandum of January 21st. 2) Director of Public Utilities memorandum of January 17th. 3) That the sidewalk requirement be waived on both sides of the street. 4) That the dead-end street be approved at a length greater than 1,000 feet. 5) Availability of water. - 14 - 2/25/80 Mr. Scheifley moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Young. Said motion passed unanimously. 9.f. The City Manager reported that the Planning & Zoning Board at a meeting held on February 15th, recommended by unanimous vote that the final plat for Homewood Lakes (Section D), located on the south side of Atlantic Avenue, between Dover Road and Homewood Boulevard, be ap- proved subject to the following: 1) City Engineer's memorandum of February 5th. 2) Director of Public Utilities memorandum of January 17th. 3) Availability of water. Mr. Young moved to sustain the action of the Planning and Zoning Board for Homewood Lakes, Section D, seconded by Mr. Bird. Said motion passed unanimously. 10. The City Attorney suggested that the City notify by an indi- vidual mail notice the people living in High Point that they will not be receiving City garbage and trash pick-up and notify them of the hearing date. Mr. Scheifley moved to accept the recommendation of the City Attorney, seconded by Mr. Bird. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:40 P.M. ATTEST: / City Clerk 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 25, 1980, which minutes were formally approved and adopted by the City Council 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. - 15 - 2/25/80