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05-26-80SpMtg MAY 26, 1980 A special meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Monday, May 26, 1980, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Reverend Fangmeier, Trinity Lutheran Church. 2. The Pledge of Allegiance to the flag of the United States of ~merica was given. 3. Mr. Bird moved for approval of the minutes of the regular ~e'eting of May 13, 1980, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. The Council members welcomed the Mayor of Miyazu, Japan, and his party. Mayor Weekes welcomed their guests and added that they are privileged to have the Mayor and his party from their Sister City, Miyazu, Japan. Mr. Jimmy Mihori, Chairman of the Sister City Committee and interpreter for the delegation, introduced the Mayor of Miyazu and each member of their party. Mayor Weekes added that it's been a joy to get to know this delegation. They are very friendly and warm people. He appreciates their taking their time away from a very traumatic experience in the Japanese political scene. They will leave here and fly to Los Angeles tomorrow and from there directly back to Japan. 5. There were no public requests from the floor. 6.a.1. The City Manager reported that this item has to do with the City's Summer Youth Program. This year the County requests that it be done in a more formal manner than in prior years. They have received a proposal; the City Attorney's office has reviewed it and made certain modifications to it. It provides f~r the employment by the City of a maximum of 25 persons in the Youth Employment Program. It is recom- mended that City Council approve the City entering into this program. Mr. Bird moved to approve the City entering into the Youth Employment Program, seconded by Mr. Scheifley. Said motion passed unanimously. 6.a.2. The City Manager reported that it is recommended that Coun- cil authorize advertising for sale of three garbage carts. The City has received a request from the Village of Golf to purchase this equipment. Mr. Scheifley moved that Council authorize ~he advertising for sale of the garbage carts, seconded by Mr. Young. Said motion passed unanimously. 6.b. The City Manager reported that it is recommended that the City accept a right-of-way and easement deed from the School Board of Palm Beach County in order to construct a sidewalk along N.W. 3rd Street between N.W. 8th Avenue and N.W. 10th Avenue in the vicinity of Spady School. Mrs. Durante moved for acceptance of the right-of-way and easement deed, seconded by Mr. Scheifley. Said motion passed unani- mously. 6.c. The City Manager reported that if Council is ready to so, consideration may be given to the appointment of Mrs. Trish Joyce, Mr. Tom DiFiglio and Mr. William B. Worth as members of the Beautification Committee, recommended by the Chairman of the Beautification Committee. Mr. Bird moved for the appointments as recommended by the Chairman of the Beautification Committee, seconded by Mr. Scheifley. Said motion passed unanimously. 6.d. The City Manager reported that this has to do with the items enumerated in his letter dated May 15, 1980 to Russell & Axon which the City Attorney has indicated should be specifically made a part of the public record. It has to do with notice under Paragraph 2.c. of the City-Russell & Axon Agreement and other applicable provisions of that agreement dated May 11, 1977 that it would be the City's intention tonight to discuss and consider partial termination of said agreement with regard to the City's need for engineering services for a 1 million gallon water storage tank, a pump station, approximately 8,800 feet of water line and all necessary and needed appurtenances in connection therewith Mr. Bird moved that they terminate, for the purpose of going to open competitive bidding for the water tank, the pump station and the water line, with the understanding that Russell & Axon would be author- ized to submit and compete along with any other firm and to reference the City Manager's letter to Russell & Axon of May 15, 1980, seconded by Mr. Young. Said motion passed unanimously. Before roll call, the City Manager advised that Russell & Axon were informed in the letter that they may be represented at this meeting. They are represented tonight and should be given the oppor- tunity to address Council on this point. The representative of Russell & Axon stated that they appreciate the opportunity to submit their qualifications when the time comes. At this point the roll was called to the motion. 6.e. The City Manager reported that the South Central Regional Wastewater Treatment & Disposal Board, at its May 21st meeting, ap- pointed Mr. Alvin L. Bean to the position of Administrative Director. This appointment is subject to ratification by the City Councils of Boynton Beach and Delray Beach. Mr. Bird added that the SCRWTD Board was able to negotiate an agreement as to the salary and fringe benefits and the terms of it have been mailed to members of Council. Mr. Bird moved to ratify the action of the SCRWTD Board, seconded by Mr. Young. Said motion,passed unanimously. Before roll call, Mayor Weekes stated that he voted against that appointment; he voted for the other gentleman. He thinks either of them will serve the purpose very well and he will support Mr. Bean's appointment, however, given the choice of two persons, his preference was Mr. Laird. He thought Mr. Laird made a better presentation and that he was stronger in his administrative background while Mr. Bean was stronger in his engineering and operations background. Given the two options, he would prefer a stronger administrator. At this point the roll was called to the motion. 7.a. The City Manager reported that a communication has been received from the Area Planning Board dated May 15th requesting A-95 Clearinghouse review and comment relative to the Palm Beach County Board of County Commissioners Diamond Head Development Corporation Beach. The acquisition of this 7±~acre parcel would provide 600 feet of ocean frontage suitable for multi-purpose water oriented recreational acti- vities. This project will not result in any adverse effects to the local natural, social or economic environment and there is no dupli- cation of ongoing projects or programs. Mr. Young moved to approve this application for A-95 review as stipulated by the City Manager, seconded by Mr. Scheifley. Said motion passed unanimously. - 2 - 5/26/80 7.b. The City Manager reported that a communication has been received from the Area Planning Board dated May 14th requesting A-95 Clearinghouse review and comment relative to the Palm Beach County Department of Housing and Community Development Sixth Year Application, FY 80-81. This program will eliminate and prevent blight and princi- pally benefit low-moderate income persons. This project will not result in any adverse effects to the local natural, social or economic environ- ment and there is no duplication of ongoing projects or programs. Mr. Young moved for approval of this recommendation for the A-95 as outlined by the City Manager, seconded by Mr. Bird. Said motion passed unanimously. 7.c. The City Manager reported that the City is in receipt of an application from Lyle D. and Marion R. Russell for City water service to serve Lot 22, Block 2, 4587 Barrett Street, a single family residence. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to pro- vide the requested water service to the applicant. Mr. Bird moved to approve execution of the City's standard water service/annexation agreement, seconded by Mr. Young. Said motion passed unanimously. Before roll call, Mr. Young asked if there is a water line presently running along Sherwood Park. The City Manager replied that he doesn't know if there is a water line in front of the subject property. There probably is, but in case there is not, the City would not expend more money than the standard amount to provide water service to the property. At this point the roll was called to the motion. 8.a. The City Manager reported that Resolution No. 45-80, wel- coming the representatives of Miyazu, Japan, Sister City of Delray Beach and commending Miyazu for its participation in the Sister City program has been prepared for Council consideration. The City Manager p~esented Resolution No. 45-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, WELCOMING THE REPRESENTATIVES FROM MIYAZU, JAPAN, TO THE CITY OF DELRAY BEACH AND COMMENDING THE CITY OF MIYAZU, JAPAN, FOR ITS PARTICIPATION IN THE SISTER CITY PROGRAM. (Copy of Resolution No. 45-80 is on file in the official Resolution Book) Mr. Scheifley moved for adoption of Resolution No. 45-80, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mayor Weekes read the entire resolution. At this point the roll was called to the motion. Mayor Weekes presented the Mayor of Miyazu with copies of the signed resolution; one for each of his party and also one for the City Hall of Miyazu. Mr. Mihori, on behalf of the City of Miyazu, presented a resolution signed by the Mayor of Miyazu to the City of Delray Beach. Mayor Weekes also presented Mayor Yano with a token of their esteem, a full size flag of the City of Delray Beach, Florida, 'to take back to display in their City Hall. - 3 - 5/26/80 Mr. Mihori, on behalf of the City of Miyazu, presented a special gift to the City Hall, a picture of the "Bridgeway To Heaven" which, he explained, is one of the three prettiest spots in Japan. Mayor Weekes stated that he is honored to receive this on behalf of the citizens of Delray Beach and they will find a prominent place where it can be permanently displayed in the City Hall. · 8.b. The City Manager reported that Resolution No. 46-80 request- ing the Palm Beach County Board of Commissioners to require identi- fication of the revenues and expenditures attributable to the Sheriff's road patrol is before Council for consideration. The City Manager presented Resolution No. 46-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COM- MISSIONERS OF PALM BEACH COUNTY REQUIRE THE IDENTIFICATION OF THE REVENUES AND EXPENDITURES ATTRIBUTABLE TO THE SHERIFF'S ROAD PATROL; PROVIDING FOR THE CITY CLERK TO FURNSIH COPIES OF THIS RESOLUTION TO EACH MEMBER OF THE BOARD OF COUNTY COMMISSIONERS AND TO THE COUNTY ADMINI- STRATOR OF PALM BEACH COUNTY. (Copy of Resolution No. 46-80 is on file in the official Resolution Book) Mr. Young moved for the passage of Resolution No. 46-80, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Ordinance No. 25-80 relative to rezoning nine parcels of real property in implementation of the Comprehensive Plan is before Council for consideration on First Reading. Council, at the April 14th meeting, instructed the City Attorney to draft the ordinance. Second public hearing and Second and FINAL Reading will be held on June 10th. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 25-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO THE MUNICIPAL HOME RULE POWERS ACT, SECTION 166.041(3)(c)(2), REZONING NINE (9) PARCELS OF REAL PROPERTY IN THE CITY OF DELRAY BEACH, IN IMPLE- MENTATION OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 24, 1979; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 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. The City Attorney announced that the'Second public hearing on Ordinance No. 25-80 will-be held June 10, 1980, at 7:00 P.M. in the City Council Chambers in City Hall. Mrs. Durante moved for the passage of Ordinance No. 25-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Scheifley asked if this completes all the rezoning in line with the Comprehensive Land Use Plan. Mr. Wallin, Planning & Zoning Board member, replied yes, at the present time. Mrs. Durante added that there could be others later. - 4 - 5/26/80 At this point the roll was called to the motion. 8.d. The City Manager reported that Ordinance No. 26-80 relative to annexing a parcel of land located on the east side of Federal Highway between Linton Boulevard and SoE. 10th Street, subject to RM-15 (Multiple Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as CG (General Commercial). Second and FINAL Reading and public hearing will be held at the meeting on July 8th. The City Manager presented Ordinance No. 26-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH,. RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNI- CIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 26-80 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, upon question by Mr. Scheifley, Mrs. Plume explained that this property is directly north of the Hoffmann property. At this point the roll was called to the motion. 8.e. The City Manager reported that Ordinance No. 27-80 amending Chapter 30 "Zoning" of the Code of Ordinances relative to permitting parking for boats, boat trailers and recreation vehicles is before Council for consideration on First Reading. Council, at the May 6th workshop meeting, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 27-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SEC- TION 30-20 (E)(2)(a) AND (b) PERMITTED PARKING FOR BOATS, BOAT TRAILERS, AND RECREATION VEHICLES TO ALLOW ONE BOAT, ONE BOAT TRAILER, AND ONE RECREATION VEHICLE ON A PARCEL OF LAND; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird asked if there is any urgency in getting this particular item through Council. Mrs. Plume, Planning & Zoning Board member, replied that she does not know of any urgency. Mr. Bird added that he would like to see this go back to workshop or to the Planning and Zoning Board and have some thought given to the possibility of restricting such parking in rear and side setbacks to reduce the amount of visibility. Mr. Scheifley moved to refer this item back to the Planning and Zoning Board for further consideration, 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. 28-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to dry cleaning facilities is before Council for consideration on First Reading. At the workshop meeting on May 6th, Council directed the City Attorney to pre- pare the ordinance. - 5 - 5/26/80 The City Manager presented Ordinance No. 28-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 30-9(B)(3) NC (NEIGHBORHOOD COMMERCIAL) DISTRICT, SECTION 30-10(B)(24) CC (COMMUNITY COMMERCIAL) DISTRICT, SECTION 30-11(B)(27) GC (GENERAL COMMERCIAL) DISTRICT, SECTION 30-12(B)(34) SC (SPECIALIZED COMMERCIAL) DISTRICT TO ALLOW DRY CLEANING, LIMITED TO 1500 SQUARE FEET, CUS- TOMER PICK-UP ONLY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. - Mrs. Durante moved for the passage of Ordinance No. 28-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.9. The City Manager reported that Ordinance No. 29-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to trade shops is before Council for consideration on First Reading. Council, at the workshop meeting on January 7th, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 29-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1 "DEFINITIONS" TO ADD A DEFINITION OF TRADE SHOP; AMENDING SECTION 30-15(B)(54) MI (MEDIUM INDUSTRIAL) DISTRICT ACCORDINGLY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved to refer this item to workshop, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to,0 vote. 9. There were no reports or petitions. 10. Mayor Weekes asked Mr. Mihori to explain to Mayor Yano and the other members of his delegation that the reason that this meeting goes relatively smoothly is that on alternate weeks they have a workshop where they arrive at an informal agreement or consensus. So, they have already discussed many of these items before they get here. Mr. Mihori replied that he has already explained it to Mayor Yano and the Mayor does have a good understanding of the procedure. Photographs of the City Council and of the Miyazu delegation were taken before the meeting adjourned. Mayor Weekes declared the meeting adjourned at 7:40 P.M. y City Clerk ATTEST: MAYOR - 6 - 5/26/80 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 May 26, 1980, which minutes were for- mally approved and adopted by the City Council on ~.4.~.,~z-/o. ,~/~. 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. - 7 - 5/26/80 90