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03-10-80 MARCH 10, 1980 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Monday, March 10, 1980, with Vice-Mayor James H. Scheifley, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, and Willard V. Young, present. Mayor Weekes was absent due to illness. 1. The opening prayer was delivered by Reverend Andrew Hall, First Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of February 25, 1980, and the special meeting of February 21, 1980, seconded by Mr. Young. Said motion passed unanimously. Before roll call, Mrs. Durante stated that she will have to abstain from voting on the minutes of the February 21st meeting as she was not present. 4.a.1. Mr. Bird congratulated those who went to the polls last Tuesday and he congratulated his colleagues. 4.a.2. Mr. Bird stated that the City is again faced with the hiring of some additional department heads. He proposes that they remove the new department heads, as they come up to be hired from under the Civil Service provisions. The only problem he can recall from the last time they discussed this was the amount of time it would take for the turn- over to be completed and for everybody to be of the same status. Mrs. Durante stated that she recalls discussing this before and for some reason they didn't have a majority of the Council suppor- tive of it at that time. Mr. Bird added that the primary concern was somebody young who would be expected to remain with the City for a long time. Mr. Bird moved that all future department heads hired by the City of DelraY Beach be done so outside of the protection of the Civil Service, seconded by Mr. Young. The City Attorney stated that he thinks it would be more appropriate to schedule this for a workshop meeting. There may be some restriction under the Civil Service Act. Mr. Bird withdrew his motion and Mr. Young his second. Mr. Bird moved that this subject be put on the next workshop and that no commitment with regard to employment be made for department heads until after such time as this Council has discussed this at work- shop, seconded by Mr. Young. Said motion passed unanimously. 4.b.1. Mr. Young stated that he visited Mayor Weekes at the hospi- tal and he is in wonderful shape. He should be home within a couple of days. 4.c.1. Vice-Mayor Scheifley stated that today he spoke to a surgeon who visited Mayor Weeks last night and the surgeon said the Mayor is in excellent shape, making a rapid recovery and is in good spirits. 4.c.2. Vice-Mayor Scheifley presented a proclamation proclaiming March 12, 1980 as "ORT Day". Several members of that organization came forward to accept the proclamation. 5.a.1. Mr. Jack Pitts asked if they would be allowed to discuss the issue of the parking meters (6.c.) before Council votes on it. Vice-Mayor Scheifley replied that they would. 9 5.b.1. Mr. Ron Sanson, 415 Bluebird Drive, stated that he feels that far too often when elected officials are deliberating that the only thing that ever comes out in the press is the negative. He would like to strongly commend this City Council for the manner in which it has responded and acted in the deliberations that are currently occuring at the Regional Sewer Authority in its attempt to strive for competitive negotiations in the hiring of the engineering firm for the second phase of that project. This Council has unanimously tried to seek competitive bids therefore insuring honesty, fairness and an equitable distribution of services of professional engineers in this area. 5.b.2. Mr. Sanson further stated that he'd like to take this oppor- tunity to voice his opinion on two agenda items as he has to leave shortly to attend a meeting. On the parking meter issue, he hopes that this Council will decide not to install those meters. One of the first _ things that came up when he served on Council was the issue of removing the meters that were there; they studied that issue and, at that point, it was the Administration's position that the meters were not cost effec tive. 5.b.3. Mr. Sanson stated that in regard to Ordinance No. 12-80, the ordinance allowing an additional flag, he hopes that Council will defeat that ordinance. He doesn't understand the purpose of it except to allow one more flag to fly. He feels that flags should be used to display patriotism and he doesn't understand the patriotic basis of flying the flag of a foreign country. Mr. Bird stated, in response to Mr. Sanson, that Council has not done anything to increase the number of flags. Currently, the ordinance, unamended, permits a business owner to fly three flags. When they complete this change, they will still be allowed to fly three flags. Mr. Sanson stated that he was under the impression that the ordinance reads two flags. 6.a.1. The City Manager reported that this item concerns action taken by the Regional Sewage Treatment Board at a meeting held on February 21, 1980, at which time the Board authorized the retaining of a firm to calibrate and to maintain the meters at the Regional Sewage Treatment Plant. The Taulman Company was the company that was author- ized to be retained. Paul Startzman called him today and asked that the City ratify that action of the Board. He recommends that such action be taken by Council. Mr. Bird moved to ratify the action of the South Central Regional Wastewater Treatment and Disposal Board in the hiring of the Taulman Company to calibrate the meters, seconded by Mrs. Durante. Said motion passed unanimously. 6.a.2. The City Manager reported that Reverend Keith Dennis, some time ago, obtained approval of a conditional use permit for the con- struction and operation of a church, the Daughter of Zion 7th Day Adventist Church, located ~n the north side of N.W. 2nd Avenue in the vicinity of N.W. 3rd Avenue and N.W. 2nd Street. That conditional use expires March 12, 1980. Reverend Dennis recently requested the Planning and Zoning Board to make a recommendation to extend the conditional use for one year. The Planning and Zoning Board did that by unanimous vote and recommended that approval be extended to March 12, 1981. Mrs. Durante left the meeting at this time to avoid any possible conflict of interest. Mr. Bird moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Young. Said motion passed unanimously. Mrs. Durante returned to the meeting at ~his time. 6.a.3. The City Manager reported that he regrets that the calendar, being in the posture it's in, forces him to bring this item to Council tonight due to the time element involved. This item concerns the Delray Beach Country Club and, more specifically, the golf course. An event has been scheduled at the Delray Beach Country Club to be held on March 19th that involves the Men's Association Golf Clubs of the various - 2 - 3/10/80 cities in Palm Beach County. There would be about 150 participants from outside the City. Not too long ago, Mr. Scheifley told him that he had heard that this event had been scheduled for March 19th and his thought was that City Council, some time ago, approved a Ladies' Day and a Mens' Day, each to be held once a year with the waiving of green fees at the Delray Beach Country Club. It was Mr. Scheifley's feeling that the scheduling of this event on March 19th would be in conflict with that policy established by Council. He (City Manager) put forth a request for an explanation to Tom Fonseca, Pro Manager of the Country Club, and after hearing back he asked him to consult with. him in his office along with the President and Vice-President of the Men's Golf Association. He was able to bring the Vice-President, Sam Rosenbaum, along with him and the two of them consulted with him today in his office at about 10:00 A.M. The City Manager reported further that what has happened is that this event has been scheduled and it's intended that the green fees be waived and, as it turns out, the basis on which the scheduling was done goes back to the time when the City received objections to the Men's Association tying up the course on Saturdays; at that time a change was made~. That particular activity was moved to Wednesday thus freeing Saturday. He made three recommendations to Council at that time which were approved; (1) that Saturday be eliminated as the Men's Golf Day at the Country Club; (2) that a Men's Day some day other than Satur- day be set and reset from time to time by the Administration as needs might change; (3) that the freeing of Saturday would permit the sche- duling of special events by the Pro Manager from time to time. That third item is, apparently, the item that's causing the conversation tonight. The Men's Golf Association and the Pro Manager scheduled this event; they intend that green fees be waived. Saturday was talked about as the day for the special event but recently the Men's Association decided that Saturday would not be a good time for special events be- cause it would probably bring on the same complaints that brought about the elimination of Saturday as Men's Day in the first place back in December. So they decided to use a Wednesday for the special event day. There. were two things that occured that caused him to come to Council tonight; one is with regard to the green fees waiver; he doesn't feel that Council has ever taken affirmative action to waive the green fees for events other than the one Men's Day and the one Ladies' Day per year. The other has to do with the moving of the special event from Saturday to Wednesday, in this case. Unless someone can come up with a better substitution, it seems to him that they should take mid-ground at this point and permit this event to proceed on March 19th, as planned, with the understanding that the City will take a further look and Coun- cil will make a determination as to what happens in the future with regard to this type of event; this is an event that they would plan to have about four times a year. He's not asking that the annual arrange- ments be taken up at this time but only that the March 19th date be considered. Mr. Bird asked what the procedure is in the use of other facilities such as the tennis courts; do they waive fees in those cases? The City Manager replied that he doesn't know what the procedures are in regard to tennis. Mrs. Durante stated that they have specifically acted on one Men's Day and one Ladies' Day a year and asked if the Associations have had them. Vice-Mayor Scheifley replied that they are scheduled but they have not taken place yet. That cannot be rescheduled as it has already been advertised and people have signed up and paid money. Mr. Fonseca stated that when the issue of Saturday Men's Day came up, changing it to Wednesday as the City Manager pointed out, they talked about special events. They did not talk about any special events specifically. After the meeting that they had, they went back to dis- cuss some events. One of the discussions was the Palm Beach Men's Golf Association. The Palm Beach MGA is made up of the municipal golf courses of West Palm Beach, North Palm Beach and Lake Worth; three interclub matches of which Delray Beach Cou%try Club was included. The issue of green fees came up in the manner that if they should be held on Saturday, then it would be in conflict with any green fees policy that had been set by Council. However, if it were moved to Wednesday at - 3 - 3/10/80~ Delray Beach Country Club, there are no green fees taken because only members are playing on Men's Day. The limit to the Palm Beach MGA tournament is 120 and he said to them if it's held on Wednesday, he sees no conflict. Mr. Young asked if this is a reciprocal arrangement with the other clubs. Mr. Fonseca replied, yes, they do not charge green fees. Upon question by Vice-Mayor Scheifley, Sam Rosenbaum, Vice- President of MGA, stated that the host club will supply the prizes for those particular members, in other words members will get their prizes at their own country clubs. Vice-Mayor Scheifley stated that he has the minutes of the Council meeting held on April 22, 1979, in which Council authorized two days a year without green fees, Men's Guest Day and Ladies' Guest Day and that's the extent of the minutes and that's all it permits. He added that about two weeks ago the women requested this and were turned down and he feels that it would be very difficult to allow this for the men and not for the women. He has a letter from Mr. Fonseca recommending that the women not be permitted this day because only six were eligible to play. He thinks that misses the point entirely; there would be about 150 women there on that day. Mr. Fonseca stated that in the Palm Beach MGA, there are no restrictions as to who can play; in other words everybody at Delray Beach Country Club is eligible to play. To meet that requirement, the MGA has scheduled a qualifying round for everybody that wants to qualify. In that request that the ladies made, they had the names of the people involved which was only six. Vice-Mayor Scheifley stated that this is a very difficult subject. The only condition under which he will vote to approve this day would be if it were the last time. To get out of this situation, he would be willing to go along for this one day. Mr. Bird moved that for the purpose of taking care of the 19th of March that they treat that as the Men's Guest Day and if the MGA desires that they reconsider and provide them with an alternate date for a second Men's Guest Day later in the year, that they come before Council at workshop and they can address this thing, seconded by Mrs. Durante. Mr. Rosenbaum stated that as important as March 19th is, the 19th of April is doubly important because that is made up of 100% of the members and their guests. They're committed to the Member-Guest Day; their guests have already been invited and they have already cut off the signing up for Member-Guest Day. The Delray Beach MGA is supporting the high school golf team and it costs the City of Delray Beach nothing. The West Palm Beach group has contributed $100 toward this too and he thinks that should be considered. Mr. Bird amended his motion to the extent that they bring it to workshop at the earliest possible time which appears to be the 17th of March, seconded by Mrs. Durante. Mr. Scheifley stated that if they call March 19th anything other than Member-Guest Day, then it can pass. Mr. Bird suggested calling it St. Patrick's Day Tournament. Mr. Bird further amended his motion to call March 19th St. Patrick's Day Tournament, seconded by Mrs. Durante. Said motion passed unanimously. It was Council's consensus to discuss thi.s further at the next workshop meeting. Mr. Scheifley stated that he will vote for this on the con- dition that under no circumstances will he vote for a continuation of such days after the Member-Guest Day in April. At this point the roll was called to the motion. - 4 - 3/10/80 6.b. The City Manager reported that Mr. Alfred Straghn requested that he be put on the agenda for tonight's meeting for the purpose of speaking about alleged Police brutality. Mr. Scheifley noted that there are four gentlemen in the audience who would like to speak and each will be given five minutes. Mr. Alfred Straghn, 115 N.W. 8th Avenue, stated that he is a member of the Concerned Citizen's Group and also President of NAACP in the South County area. For several years complaints have been piling up about black citizens receiving extremely harsh treatment at the hands of policemen. This problem seems to growing worse and worse and racial tension seems to be on the rise because of it. Earlier this year, one officer was alleged to have taken three black juveniles west of the turnpike and alleged to have kicked them, twisted their arms and left them to walk back eight or nine miles to Delray. A letter was written to Ms. Ernestine Williams by the Chief of Police regarding action taken. The letter stated that the complaint filed by her regarding her son, two other juveniles and one officer had been settled by disciplinary action taken against the officer by the Police Chief. Mr. Straghn feels that the fact that disciplinary action has been taken by the Chief shows that the department is aware of this inhuman and brutal action. On Sunday, February 24, 1980, Noble Howard, an 18 year old man in the black com- munity was arrested for allegedly stealing gas. Citizens in the black community are not attempting to keep the policemen from performing their duties; however, they do have serious concern about the brutality used when making arrests as has been alleged in many cases. In the case of Mr. Howard, eye witnesses are willing to testify under oath that exces- sive force beyond reason was used in attempting to arrest him. The policemen in question were alleged to have kicked him, struck him across the back, shoulders and head with the billyclub while his hands were handcuffed and he was face down on the ground. It was also reported that one policeman held a gun on the suspect while all of this was taking place. In the interest of seeing that justice is done, they are asking that the officer in question be suspended until an investigation regarding the matter is completed and that the Council appoint a special Investigation Committee, aside from the Police Internal Investigating Committee, comprised of representation from the Police Department, the City Council and from the Bi-racial Minister Alliance. Reverend George Phillips, stated that he is the pastor of Mount Olive Baptist Church of Delray Beach, and that he has been here in Delray Beach for ten years. This type of problem has been with them ever since he has been here. He thinks the time has come, and it is far past due, that they must stand together or hang separately. In regard to the young man who was involved in the matter the other day, he would not attempt to help anyone who is violating the law, but he feels that when the law is violated that it should be handled in a unique and distinct manner by the police officers. The citizens should respect the police officers and the police officers should respect the citizens. This type of situation has been going on for a decade and the policemen that have been involved ha~e been the same policemen almost all of the time. He thinks that it is high time that the City Council take this under deep consideration and these policemen involved in this brutality should be suspended until this investigation is over. If they are not guilty, they should go back to their duties and if they are guilty they should be removed from the Police force. This thing needs to be looked into in depth to bring about good citizenship in the City. Nobody brutal who would beat up and kick the black citizens should be on the Police force. Reverend Gaines acknowledged a letter that he received from Mrs. Durante stating the views of the Council and asking what they can do to rectify the situation. He appreciates the concern because they do have a problem. They must have law and order; where there is no law, there is chaos, and they must co-exist. No citizen should want to take things into his own hands; however, if a citizen has been treated wrong, he also should feel that he can get a fair shake. What his people need is something tangible to show that there is some concern about what's going on in the community. People who are doing wrong need to be a~rested. ~A~at is happening now is getting critical. He thinks that they need better cooperation in this regard and they will keep trying until they can rectify the situation. - 5 - 3/10/80~ Sergeant Neal Rawls of the Delray Police Department stated that he is 33 years old and was born in Delray Beach. He has a 2 year degree from PBJC, a 4 year degree in criminology from FSU, a degree in criminal justice, a masters degree and he's doing course work at FAU towards his doctorate. He doesn't believe he is a brutal police officer and he doesn't think that they have a brutal police department. He came here tonight because they have a problem; the Police Department has got a problem and the community has got a problem. Conflicts between the police and the community are community-wide conflicts. When the people attack the police, they're usually attacking authority. They're the people who represent authority in the City and they're visible and they're targets. The police can't solve these problems alone. The City Council and the community must. In Palm Beach County, Delray is the only City he knows of its kind; it is a very difficult area to police and to administer. They have areas in the City that aren't treated - equally; this makes it very hard on the Police Department. They have areas when they get out around West Atlantic and 5th Avenue where they have approximately 80% of the crime; he's talking about crimes like homicide, non-family assaults and robberies. Yet this area continues to exist without apparent notice by the Health Department, not only City but'County, Planning & Zoning, and Beautification Committees. It cre- ates a high degree of frustration. There's frustation in the area where they have people driving down 1-95 going to the beach and they see a crowd of youths sitting there drinking beer. They're allowing these places selling beer to stay licensed with these people in front. Yet, there is a City ordinance that says they can't drink beer there. They send two officers over to stop this group from drinking beer, which is a misdemeanor, and right away they have a conflict; violation of the law, a place they're allowing to exist, they're allowing these people to loiter in the front, they continue to license these areas, these people chain their back doors so they can't police them from the rear. They just seem to have two different enforcements of the law, not just by the police but by the entire community. This City is growing too fast; the Police Department is short-handed; if they get a conflict with 2 offi- cers against 40 to 50 people, they're more prone to have to use force than if they can send 10 officers over there. He would sincerely appre- ciate it if the City Council members or the City Manager would don a uniform some night and ride with them. He has invited the news media and none of them have ever accepted. Mrs. Durante stated that she doesn't believe that there is anybody in this community who would publicly stand up and say that they condone brutality; no one would admit to that. She doesn't think that trying to find out where the brutality is is really getting at the problem because nobody is going to admit to it. There is a greater problem that they need to deal with. She doesn't have the answer but if anyone has any suggestions as to how they can get down to the bottOm of what is the real problem, she is ready to deal with it. Vice-Mayor Scheifley declared a recess, the time being 8:15 P.M. The meeting reconvened at 8:20 P.M. 6.c. The City Manager reported that as was discussed at the March _ 3rd workshop meeting, Council is to give consideration to authorizing the installation of parking meters on the beach. Vice-Mayor Scheifley stated that this has been under con- sideration for at least six months. They've had two studies and reports, the first of which was done by a committee organized by the Chamber of Commerce. The Financial Advisory Board also made a study as far as the financial aspects were concerned. The figures on the financial results were very similar to those prepared by the Engineering Department. Mrs. Durante asked if any figures were obtained as to what it would cost the City to print the permit stickers. Vice-Mayor Scheifley replied that it costs somewhere between $1 and $2 per sticker. The City Manager added that the City Administration's figures come down to the bottom line with net figures. If they hit it within $10,000 or $15,000, he'll be satisfied. - 6 - 3/10/80 Mr. Bird moved that parking meters be installed along the beach and in the beach parking area to be metered at a cost of 25¢ per hour on parking meters installed along A-1-A and on parking meters to be installed at Atlantic Dunes Park; for parking meters to be installed in Sandoway, Anchor Park and behind the Fire Station in the north beach area that those meters be metered to provide two hours of time for 25¢; and that all meters be metered in such a manner as to allow four hours time for the depositing of the correct number of dollars; that parking spaces in Anchor and Sandoway Park be reserved for permit parking only and that that parking fee be assessed at a rate. equal to $1.00 per month, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - No; Mr. Young - Yes; Vice-Mayor Scheifley - No. Said motion failed with a 2 to 2 vote. Before roll call the following discussion was had: Mr. Bird stated that whether this motion passes or not, it is his intention as a member of Council to pursue vigorously a course of improving the condi- tion of the beach in Delray Beach. It is one of our major economic mainstays and it draws the people who come and populate our City during this time of the year. If funds are not to be generated by charging the user of the beach a parking fee, then he intends to see that those fees come from elsewhere. Mrs. Durante stated that she realizes that the beach is costing them dollars; they pay it through their ad valorem taxes. If they install parking meters, then they are again going to have to pay to use the beach. Also, this town is going to suffer aggravation from maintaining the beach and policing people from parking where they're not supposed to be parking. She cannot support this until they get some of those other problems resolved and until it can bring in far more money than $40,000. Mr. Young stated that three separate surveys were made in which he took part. In the first one, 53% of the cars parked along Ocean Boulevard were not residents of the City of Delray Beach. In the next survey they made, there were 56% that were non-residents, some of them as far away as Pompano and Stuart. On the third survey, 69% of the people that were parked along the beach and in the parking spaces were non-residents of the City of Delray Beach. In other words, the citizens of Delray Beach are paying their ad valorem taxes to take care of a City beach which should be used primarily by people in the City but is being used by people from all over South Palm Beach County. The City Manager stated that the net revenue that the City would stand to get from the installation of parking meters on the beach would be good. At one point in time, he felt that the money would off- set the trials and tribulations of meter installation. He has looked at this from many angles over a long period of time and for the last week or two a number of people in the City have asked him his thoughts con- cerning it. He is not going to try to convince anyone to vote for or against it; he's not sure which is right. Today he came to the con- clusion that, as far as h~ is concerned, the additional revenue that the City would stand to gain would not be worth the hassle and the trials and tribulations that the installation of meters would bring on. Mr. Bird stated that he would like to say, because he as- sured the Mayor before he went into the hospital that he would, that Mayor Weekes will cast a "no" vote on this question. Mr. Bird stated that he hopes that there's a unanimous opinion on Council that there is more work which needs to be done on the beach and that they are committed to do it. Vice-Mayor Scheifley stated that he spent a lot of time on this subject during the weekend by talking to concerned people. He tried to talk to leading citizens and leading business people in town. He prepared what he thinks may be a compromise solution and he passed out copies of it to the other members of Council. He outlined his proposal as follows: to install 245 meters ,on A-i-A; to install 112 meters at Atlantic Dunes Park; to install 32 meters east of the Fire Station; no meters at Sandoway Park and Anchor Park but reserve 30 spaces of each for permit parking at the rate of $10.00 a year. This - 7 - 3/10/80. will allow 146 free spaces at Anchor Park and Sandoway Park which would be the first ones filled by people who want to go to the beach and the early people. The earlybirds would get the first 146 free spaces; the others could go up to the beach and pay for the meters. The conditions he would place on this proposal are 1) to reduce the parking time limit on Atlantic Avenue to one hour in consideration of the merchants; 2) strict enforcement of all parking by the Administration, this plan will not work without strict enforcement; 3) a meaningful fine for illegal parking, at least $10.00 and possibly $15.00; 4) try this for one year, at the end of that year evaluate the results, then either expand on it or discontinue it. Mr. Young moved that this matter be tabled until Mayor Weekes is back. Motion died for lack of a second. At this point the roll was called to the motion. It was the consensus of Council to put this item on the next workshop meeting when Mayor Weekes is present. Mr. Jack Pitts stated that if they're talking about $50,000 anticipated net profit, that's a very narrow margin to be playing with. His basic thought is that the anticipated revenue is too small and too risky to go into, aside from the fact that people in town don't want it. 6.d. The City Manager requested that Council skip this item. 6.e. The City Manager reported that as was discussed at the Council workshop meeting on March 3rd, it is recommended that Council authorize the conversion of up to six City vehicles to propane fuel use for test purposes and that $3,500 be transferred from the General Fund Contingency Account for this purpose which will be used together with $1,500 from the Utility fund to finance the estimated $5,000 cost of conversion. Mr. Bird asked if these conversions will be utilizing domesticly produced conversion kits or are they going to use foreign equipment. The City Manager replied that presently he doesn't know the source of the equipment. Mr. Bird added that he heard a ~rather dis- couraging report on a foreign conversion kit which happens to be readily available locally while most of the U.S. produced ones are not. Mr. Bird moved to approve the recommendation providing that they can be satisfied that the kits used are domestically produced and capable of meeting their operating needs, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call the following discussion was had: Upon question by the City Manager, Mr. Bird added that he recommends that they very strongly check it out. If it is not the domestic one, he submits that the Administration is going to have to make a detailed review. The domestic kit~ are in short supply but are demonstrably better, as was reflected in a fleet study which he was shown. _ The City Manager agreed to come back to Council if they do not use the domestic kit. At this point the roll was called to the motion. 6.f. The City Manager reported that as was discussed at the March 3rd workshop meeting, it is recommended that Council authorize the transfer of $2,000 from the General Fund Contingency Account to finance the barricading of Canal Street as discussed at several Council meetings. Mrs. Durante moved for the approval of t~e transfer of $2,000 from the General Fund Contingency Account for barricading Canal Street, seconded by Mr. Bird. Said motion passed unanimously. Mr. Bird asked the AdministratiQn to institute some policy which will preclude the City from financing items of this nature which are brought about as a result of development of property. - 8 - 3/10/80 The City Manager stated that he feels that the need for this is not brought about entirely due to the Bridge Restaurant; the Patio Delray is nearby and there's been a big problem that has overflowed onto this property for years. It's sort of a community problem. However, he would not be opposed to having the businesses pay for future construc- tion if they can find a legitimate way to do it. Mr. Bird suggested bringing this matter to workshop. At this point the roll was called to the motion. 6.g. The City Manager reported that as was discussed at Council workshop on March 3rd, Council is to give consideration to the question of whether to permit renewal of non-resident Country Club memberships expiring in April 1980. Mr. Bird moved that no non-resident individuals be allowed membership in the Delray Beach Country Club during any period of time where a resident is desirous of being a member, seconded by Mr. Young. Said motion passed unanimously. 6.h. The City Manager reported that it is recommended that Coun- cil approve the execution of a letter agreement between the City and May, Zima & Company for auditing and accounting services for the years ending 1980, 1981 and 1982 in the amounts of $26,900, $29,500 and $29,500 respectively. Mr. Young moved that the recommendation of the contract with May, Zima & Company in accordance with their letter of February 4, 1980 be approved, seconded by Mr. Bird. Mr. Bird stated that at the League of Cities meeting in Orlando he had the opportunity to hear Mr. Don Zima on the subject of financial well-being of municipalities and he had several guidelines that he used to give a quick feel for how a City was doing with regard to what he called the critical funds area. He (Mr. Bird) would like to see that included as a part of this contract. Mr. Young amended his motion as recommended by Mr. Bird to contact May, Zima & Company and ask them to make that a part of the contract provided they will do so without changing the base amounts, seconded by Mr. Bird. Said motion passed unanimously. 7.a. Vice-Mayor Scheifley acknowledged the minutes of the Beauti- fication Committee for the meeting held on February 13, 1980. 7.b. The City Manager reported that a communication has been re- ceived from the Area Planning Board dated February 27th requesting A-95 Clearinghouse review and comment relative to City of West Palm Beach Airport Noise Control Program. Council has been furnished with a copy of a letter dated February 29th from the City Manager to APB stating that the program will have-no adverse effects on the local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disapproval. Mr. Young moved for approval of the City Manager's letter dated February 29th, seconded by Mrs. Durante. Said motion passed unan- imously. Mr. Bird asked if it is appropriate for this body to make a public statement with regard to the location of the Palm Beach Airport. The City Manager replied that this item does not concern the commercial airport; it concerns another, smaller airport. It was the consensus of Council to discuss this matter at a workshop meeting. At this point the roll was called to the motion. - 9 - 3/10/80 7.c. The City Manager reported that a communication has been re- ceived from the Area Planning Board dated February 28th requesting A-95 Clearinghouse review and comment relative to Metropolitan Planning Organization of Palm Beach County Unified Planning Work Program. Council has been furnished with a copy of a letter dated February 29th from the City Manager to APB stating that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disapproval. Mrs. Durante moved to sustain the City Manager's letter of no objection to the Area Planning Board, seconded by Mr. Bird. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 23-80 to con- struct a dock for private use on the west side of the Intracoastal Waterway at 708 S.E. 2nd Street (Lot E, Block 127) is before Council for consideration. The applicant, Dr. Kenneth Parsley, filed an application with the Army Corps of Engineers to construct the dock for private use. Approval must be obtained from the City before the application can be processed. The City Manager presented Resolution No. 23-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OF APPROVAL FOR CONSTRUCTION OF A DOCK FOR PRIVATE USE OF LOT E, BLOCK 127, THE MOORINGS, ON THE WEST SIDE OF THE INTRACOASTAL WATERWAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 27 OF PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 23-80 is on file in the official Resolution Book) Mrs. Durante moved for adoption of Resolution No. 23-80, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.b. The City Manager reported that it is recommended that streets and storm drains installed in Spanish Wells, Phase I be accepted as operational by adoption of Resolution No. 24-80. The City Manager presented Resolution No. 24-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN SPANISH WELLS, PHASE ONE, AS RECORDED' IN PLAT BOOK 34, PAGES 19 AND 20, IN PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 24-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 24-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.c. The City Manager reported'that it is recommended that sani- tary sewers and water utilities installed in Spanish Wells, Phase I be accepted as operational by adoption of Resolution No. 25-80. - 10 - 3/10/80 The City Manager presented Resolution No. 25-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN SPANISH WELLS, PHASE ONE, AS RECORDED IN PLAT BOOK 34, PAGES 19 AND 20, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRIS- ING THE FOLLOWING LOCATIONS: SPANISH WELLS DRIVE FROM LINTON BOULEVARD TO SAN JUAN DRIVE; SAN JUAN DRIVE FROM SPANISH WELLS DRIVE TO END OF STREET; SAN CLARA DRIVE FROM SPANISH WELLS DRIVE TO END OF STREET, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAIN- TENANCE FOR AND REPAIRS BY DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 25-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 25-80, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.d. The City Manager reported that it is recommended that streets and storm drains installed in Spanish Wells, Phase III be ac- cepted as operational by adoption of Resolution No. 26-80. The City Manager presented Resolution No. 26-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN SPANISH WELLS, PHASE THREE, AS RE- CORDED IN PLAT BOOK 36, PAGES 108 AND 109~ OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAIN- TENANCE FOR AND REPAIRS BY DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 26-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 26-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.e. The City Manager reported that it is recommended that sani- tary sewers and water utilities installed in Spanish Wells, Phase III be accepted as operational by adoption of Resolution No. 27-80. The City Manager presented Resolution No. 27-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN SPANISH ~LLS, PHASE THREE, AS RECORDED IN PLAT BOOK 36, PAGES 108 AND 109, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: SPANISH ~LLS DRIVE FROM PHASE TWO TO SAN BERNADINE DRIVE; SPANISH WELLS DRIVE FROM SAN BERNADINE DRIVE TO GERMANTOWN ROAD; SAN BERNADINE DRIVE FROM SPANISH WELLS DRIVE TO END OF STREET AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNISHED BY SAID UTILITIES; P~OVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY DEVELOPER FOR ONE YEAR. - 11 - 3/10/80 (Copy of Resolution No. 27-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 27-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.f. The City Manager reported that Resolution No. 28-80 support- ing the City of North Miami in urging the Florida Legislature to provide protection against train whistles is before Council for consideration. Council, at the March 3rd workshop meeting, instructed the City Attorney to prepare the resolution. The City Manager presented Resolution No. 28-80: - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE CITY OF NORTH MIAMI IN URGING THE FLORIDA LEGISLATURE TO PROVIDE REGULATION OF THE ROUTINE USE OF ACOUSTIC WARNING DEVICES BY RAILROADS AT GRADE CROSSINGS WHERE ADEQUATE ALTERNATE WARNING DEVICES EXIST AND URGING THE FLORIDA EAST COAST RAILROAD TO UPGRADE THEIR GRADE CROSSINGS IN THE CITY OF DELRAY BEACH; AUTHORIZING THE CITY CLERK TO FURNISH COPIES OF THIS RESOLUTION TO ALL APPROPRIATE PUBLIC OFFICIALS AND AGENCIES. (Copy of Resolution No. 28-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 28-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8-~- The City Manager reported that the following quotations have been received to install a 6-foot chain link fence at the American Legion Little League field: Bidder Quotation Southern Fence $3,290.00 Boca Raton Overton Budget Fence 3,905.00 West Palm Beach It is recommended that the contract be awarded to the low bidder, Southern Fence in the amount of $3,290.00 by passage of Resolution No. 29-80 with funding to come from budgeted funds. The City Manager presented Resolution No. 29-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE PURCHASE AND INSTALLATION OF 390 FEET OF CHAIN LINK FENCE SIX (6) FEET HIGH WITH GATES ON AND IN THE VICINITY OF THE WEST SIDE OF THE AMERICAN LEGION LITTLE LEAGUE FIELD (CURRIE COMMON). (Copy of Resolution No. 29-80 is on file in the official Resolution Book) - The City Manager reported further that he wants to reword Section 1 of the resolution as follows: That a contract is hereby awarded for the purchase and installation of 390 feet of chain link fence six (6) feet high with gates on and im the vicinity of the west side of the American Legion Little League Field (Currie Common) to the low bidder, Southern Fence, in the amount of $3,290.00. - 12 - 3/10/80 Mr. Bird moved for the adoption of Resolution No. 29-80 as amended by the City Manager, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.h. The City Manager reported that Resolution No. 30-80 author- izing the City's execution of an agreement with Palm Beach County for the joint funding of preliminary engineering drainage improvements for Swinton Circle and vicinity is before Council for consideration. The City Manager presented Resolution No. 30-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY'S EXECUTION OF AN AGREEMENT WITH PALM BEACH COUNTY FOR THE JOINT FUNDING OF PRELIMINARY ENGINEERING CONCERNING DESIGN AND CON- STRUCTION OF DRAINAGE IMPROVEMENTS FOR SWINTON CIRCLE AND VICINITY. (Copy of Resolution No. 30-80 is on file in the official Resolution Book) The City Manager reported further that the last time this came before Council was at a meeting on September 10, 1979, at which time he recommended that Council enter into such an agreement with Palm Beach County wherein the City and the County would share equally in the engineering cost of this project with a maximum amount for City parti- cipation of $5,000. The $5,000 maximum does not show in this resolution and if Council wants the $5,000 maximum to be a part of this resolution, it could be inserted. Mrs. Durante moved for the adoption of Resolution No. 30-80 with the insertion of the $5,000 maximum participation by the City, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.i. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the February 25th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 SECTION 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 HO~ OR MODEL APARTMENT IS OPEN FOR INSPECTION, THE FLYING OF THE UNITED STATES FLAG, THE FLAG OF ONE OTHER NATION AND EITHER A STATE OR MUNICIPAL FLAG, AND THE FLAGS OF SER- VICE 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. (Copy of Ordinance No. 12-80 is on file in the official Ordinance Book) - 13 - 3/10/80 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. Young moved for the adoption of Ordinance No. 12-80 amending the Signs and Billboards ordinance relative to banners and flags on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.j. The City Manager reported that Ordinance No. 14-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 23A "Subdivisions" of the Code of Ordi- - nances providing for payments in lieu of the dedication of land for parks and recreation. This ordinance was passed on First Reading at the February 25th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 14-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23A "SUBDIVISIONS" BY REPEALING SUBSECTION 23A-4(H)(1)(b) AND ENACTING A NEW SUBSECTION 23A-4(H)(1)(b) PROVIDING FOR PAYMENTS IN-LIEU OF THE DEDICATION OF LAND FOR PARKS AND RECREATION PUR- POSES 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 CONDITIONS REGARDING THE EXPENDITURE THEREOF, REQUIRING THE IN-LIEU PAYmeNT PRIOR TO THE ISSUANCE OF BUILDING PERMITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 14-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 14-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 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 Second and FINAL Reading. This ordinance was passed on First Reading at the February 25th meeting. Prior to con- sideration 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. 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 SECTION 29-11(C)(18) GC GENERAL COMMERCIAL DISTRICT, SEC- TION 29-12(C)(19), SC SPECIALIZED COMMERCIAL DISTRICT, AND SECTION 29-13(C)(17) CBD CENTRAL BUSINESS DISTRICT, TO PROHIBIT THE ON-SITE DISPOSAL OF CARCASSES BY VETERI- NARY CLINICS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 15-80 is on file in the official Ordinance Book) - 14 - 3/10/80 The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 15-80 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.1. The City Manager reported that Ordinance No. 16-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 14A "Garbage and Trash" of the Code of Ordinances relative to fees for use of the City's transfer station. This ordinance was passed on First Reading at the February 25th 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. 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. (Copy of Ordinance No. 16-80 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. Tore Wallin, 2717 Florida Blvd., stated that at the present time they are having a lot of trouble losing palm trees. Today eleven of them were cut down. If the City demands that these trees be cut down and they are going to be forced to pay these fees, he thinks that something should be done inasmuch as they are obeying the City's demands in removing these trees. He doesn't think that it's fair that they will be charged $15.00 a ton for removing these trees. Mrs. Durante stated that the City requires residents to do a lot of things that the City doesn't pay for; for example, she had to put in a sprinkler system and landscaping at her business. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 16-80 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. 8.m. The City Manager reported that Ordinance No. 19-80, amending Chapter 29 "Zoning" of the Code of Ordinances relative to off-street parking by requiring marinas to provide one additional parking space for each boat slip is before Council for consideration on First Reading. Council, at the March 3rd workshop meeting, directed the City Attorney to prepare the ordinance. - 15 - 3/10/80 The City Manager presented Ordinance No. 19-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-18(F)(5)(u) "OFF-STREET PARKING REGULATIONS", "MARINAS", BY CLARIFYING THE REQUIREMENTS FOR FLOOR AREA AND BY ADDING PROVISIONS REQUIRING MARINAS TO PROVIDE ONE ADDITIONAL PARKING SPACE FOR EACH BOAT SLIP; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 19-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice-Mayo. Scheifley - Yes. Said motion passed with a 4 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on February 26th, recommended by unanimous vote that the final plat approval for Rainberry Lake Phase I (Pines of Delray North No. 3), 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 20th. 2) Director of Public Utilities memorandum of FebruarY'~Sth. 3) Availability of water. Mr. Bird moved to sustain the recommendation ~f'the Planning and Zoning Board relative to final plat approval, Rainberry Lake Phase I (Pines of Delray North No. 3) subject to the three items contained in the preface, seconded by Mr. Young. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on February 19th, recommended by unanimous vote that the conditional use, site and development plan for Marlinespike Club, located south of S.E. 10th Street between U.S. No. 1 and the Intra- coastal Wate~ay, be approved, subject to the following: 1) City Engineer's memorandum of January 21st. 2) Director of Public Utilities memorandum of January 9th. 3) Availability of water. 4) That a Unity of Title be filed tying the water area and boat docks to the land area. 5) That one condominium association be established which controls the dwelling units and boat docks. 6) That no commercial boats of any type be operated from this development. 7) That no live-aboards of any type be allowed to reside on the boats. 8) That the condominium documents be submitted which in- corporate the limitations of items 4, 5, 6, and 7 above, for the City Attorney's review prior to the issuance of any building permits. 9) A time limitation of 18 months be set for development of the project. This would be for 43 dwelling units on 3.736 acres of land and it was discussed at the March 3rd workshop meeting. - 16 - 3/10/80 Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board subject to the items in the preface to the agenda, seconded by Mr. Bird. Said motion passed unanimously. 10. The City Manager aske~ if it was decided to take the parking me~er issue to the next workshop meeting or to a future workshop. The consensus of Council was to take the matter up when the Mayor is back. 11. Mr. Bird stated that if what Mrs. Matthews has told him about the number of dead palm trees is true, he would certainly like a review of that question. The City Manager replied that he has that item planned for an early workshop and he hopes that it can be on the next workshop agenda but he's not sure of it. Vice-Mayor Scheifley declared the meeting adjourned at 9:20 P.M. -' ~ City Clerk ATTEST: MAYOR ~~~~~~.~, City Clerk of the City of Delray Beach and3ahat the information provided herein is the minutes of the meeting of said City Council of March 10, 1980, which minutes were formally approved and adopted by the City Council on 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. - 17 - 3/10/80 .~