Loading...
06-10-80 JUNE 10, 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., Tuesday, June 10, 1980, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, Assistant City Attorney Herbert W.A. Thiele, 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 Frank Reiff, F~rst Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Young moved for approval of the minutes of the regular meeting of May 27, 1980 and the special meetings of May 20, 1980 and May 26, 1980, seconded by Mr. Bird. Said motion passed unanimously. 4.a.1. Mr. Scheifley stated that people have been complaining about dogs running around the City. Apparently nothing has been done to cor- rect the situation; it still exists. He suggested that Council direct the Administration and the City Attorney to come up with an ordinance to eliminate this problem. Upon question by Mr. Scheifley, the Assistant City Attorney advised that the City does have an ordinance which prohibits dogs from running at large and there is a $5.00 per day fee for dogs that are kept' in the pound. The City Manager added that many dogs are being picked up every day. Mr. Scheifley moved that the City Attorney and the Admini- stration get together and prepare an ordinance to be presented to Council at a workshop meeting for discussion, 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 - No. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Bird stated that they already have an ordinance so this is an amendment procedure. He will support the motion if Mr. Scheifley will lay down some parameters. Mr. Scheifley suggested leaving the details up to the Administration and the City Attorney to work out. At this point the roll was called to the motion. Mayor Weekes stated that he is not supporting this motion because he feels it should be discussed at workshop first. 4.b.1. Mr. Young thanked Dan Winters, Director of Parks and Recreation, and the City Manager for the background information on the letters that he had received. 4.a.1. Mr. Bird moved that the amendment to the ordinance that Mr. Scheifley brought up be reviewed by Council first at workshop, seconded by Mr. Schelfley. Said motion passed unanimously. 4.c.1. Mayor Weekes reported that he received a letter from Mr. Nowlin with regard to the Chatelaine facility. He read the last two paragraphs of the letter in which Mr. Nowlin stated that "if there is therefore no affirmative action of the City to purchase the property by June 17, 1980, he will feel free to negotiate with some of the other interested parties who wish to buy the property for development purposes." Mr. Scheifley moved to have a special Council meeting one week from tonight, June 17th, prior to the workshop meeting for con- sideration of this problem, at which time if the conditions have been met which the Council agreed on for people to come in with deposits, they'll make a decision, seconded by Mr. Bird. Said motion passed unanimously. 5. There were no public requests from the floor. 6.a.1. The City Manager reported that Council should give con- sideration to sewer service for a planned 24 unit development in Gulfstream E1 Cortijo which has been before Council at a previous meeting. At that time several questions arose concerning the advis- ability of approval. It was referred to the City Attorney's office for research and further input. The Assistant City Attorney reported that they had conversa- tions with representatives of Russell & Axon and also a letter from the Town of Gulfstream was delivered to them today. The letter expresses Gulfstream's intention to join the South Central Treatment facility, however, that's modified by the when and if they ever get funding to do so. Council can grant approval of this request conditional upon the developers obtaining the necessary DER approval. They have been assured that the flow is going to be relatively small, no amendment to the 201 plan is necessary and that ~here will be no problem with inclusion of this development into the system. Mr. Bird stated t~at while he understands Gulfstream's need to impose the caveats, they have not yet put together a bond issue and they do not have the cOllector.routes. He thinks the pressure of DER and EPA is ultimately going~to force that they come in. For this fairly small complex, he thinks it Would be prudent to bring them on board now. The City Manager concurred with Mr. Bird's comments. Mr. Bird moved to accept the project, subject to the condi- tions as stipulated by the Assistant City Attorney, into the Delray system for transmission to the South Central Regional Wastewater Treat- ment Disposal Board facility for proces§ing, seconded by Mr. Scheifley. Said motion passed unanimously. 6.a.2. The City Manager reported that there is a meeting of the SCRWTD Board tomorrow night and passed out copies of the agenda. He stated that item E.3. is listed as "objections on the part of Delray to the method of billing for treatment and disposal for the month of May and suggested corrections." He further reported that Delray Beach objects to the method that was used in computing the bill for the month of May. This has been discussed with Mr. Startsman. It seems that if there is a willingness to accept the input of the Department of Utilities of Boynton Beach, there should be the same willingness to accept the report from the Utilities Department of Delray Beach. That is the only thing they are asking. He talked to Mr. Startsman today and Mr. Startsman agreed to make a presentation at the Board meeting tomorrow night concerning this and to support the request that Delray has made to him. ~ Upon question by Mr. Scheifley, the City Manager explained that the Cities are billed according to the meter readings and that there are faulty meters. The Administration has had extensive discus- sion with Mr. Startsman who is in agreement with them. Mr. Startsman will support their request at the Board meeting tomorrow night, there- fore, he (City ~Manager) does not plan to attend. Mr. Bird stated that he has talked to Mr. Startsman at some length about this and the City Manager is correct in that he agrees that he will adjust the billing for Delray, as long as they all understand that this also will adjust the outfall billing. 6.b. The City Manager reported that as was discussed at the work- shop meeting on June 3rd, Council is to give consideration to appointing alternate member Alexander Simon to the Board of Adjustment to fill the unexpired term of regular member Jake Pullum, ending March 15, 1983 and appointing Nadine Hart as an alternate member to the unexpired term of Alexander Simon, ending March 15, 1983. Mr. Bird moved for the appointment of Alexander Simon to the Board of Adjustment to fill the unexpired term of Jake Pullum, ending March 15, 1983 and the appointment of Nadine Hart as an alternate member to the unexpired term of Mr. Simon ending the same date, seconded by Mr. Young. Said motion passed unanimously. - 2 - 6/10/80 6.c. The City Manager reported that if Council is ready to do so, consideration may be given to the appointment of Sam Portnay to the last vacancy on the Beautification Committee. Mr. Scheifley moved for the appointment of Sam Portnay to the Beautification Committee, seconded by Mrs. Durante. Said motion passed unanimously. 6.d. The City Manager reported that Council, at the May 26th meeting, authorized advertising for sale three garbage carts. The City has received a request from the Village of Golf to purchase this equip- ment at $300 each for a total of $900. Approval of the sale is recom- mended. 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 to sell three garbage carts to the Village of Golf at a price of $300 each for a total of $900, seconded by Mr. Young. Said motion passed unanimously. 6.e. The City Manager reported that Mr. Louis Rauth, who main- tains flower beds for the City at the north and south entrances to the City requested a 75% increase in the contract price (from $1,820 to $3,197 annually) which was rejected by Council at the workshop meeting on April 21, 1980. Following this, the Administration explored the possibility of a contract with another party and then finally arrived at an agreement with Mr. Rauth to extend his contract, with the City to pay' him $1,820 per year as in the past and to provide a City employee to assist him as needed, which we can do without any staff addition. Approval of the revised contract is recommended. Mrs. Durante moved to approve the agreement between the City of Delray Beach and Mr. Rauth for maintaining and refurbishing the two flower beds in the City, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - No; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Upon question by Mr. Bird, the City Manager advised that they have not hired an employee to do this; they will use an employee from the Parks Divi- sion to help Mr. Rauth when he needs him. He feels that they have gained time and money under this arrangement. At this point the roll was called to the motion. 6.f. The City Manager reported that consideration should be given to authorizing the Administration to commence the Consultants' Competi- tive Negotiations Act procedure with regard to acquiring engineering services for a one-million gallon water storage tank, pump station, approximately 8,800 feet of water line and all necessary and needed appurtenances in connection therewith. Mr. Bird questioned what specific action will occur as a result of this authorization; will it start with the advertising. The City Manager replied that that's one of the steps; the entire procedure is set forth in State law and City ordinance with regard to obtaining an engineering firm to perform the services as set forth in the agenda. Mr. Scheifley moved for authorization as outlined by the City Manager, seconded by Mrs. Durante. Said motion passed unanimously. 6.~. Mayor Weekes acknowledged the minutes of the Beautification Committee meeting of May 7, 1980 and noted that there are two items for Council attention. The first is the need for bicycle racks at the beach parking lots. It was the consensus of Council to disuss this at workshop. - 3 - 6/10/80 Mayor Weekes reported that the next item for Council's attention is a request to check into the terms of the lease to the County of the Catherine Strong Park to determine responsibility for maintainence of the grounds and to see that maintainance is improved. The City Manager agreed to look into this. 7.a. The City Manager reported that a communication has been re- ceived from the Area Planning Board dated May 21st requesting A-95 Clearinghouse review and comment relative to Florida Department of Com- munity Affairs, State/Local Outer Continental Shelf Program. Federal assistance obtained through this grant will help local governments plan, design and implement programs or projects to prevent, reduce or improve unavoidable losses to valuable coastal environmental and recreational resources resulting from OCS energy activities. A letter from the City Manager dated May 27th states 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 to the Area Planning Board, seconded by Mr~ Young. Said motion passed unanimously. 7.b. The City Manager reported that a communication has been received from the Treasure Coast Regional Planning Council dated May 30th requesting review and comment relative to Community Energy Conser- vation Grant. This grant will provide funds to rehabilitate residential and commercial dwellings for low and moderate income persons in compre- hensive energy conservation areas. Council has been furnished with a copy of a letter dated June 3rd from the City Manager to Treasure Coast Regional Planning Council 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 to approve the action of the City Manager in sending this letter, seconded by Mrs. Durante. Said motion passed unanimously. 7.c. The City Manager reported that the City is in receipt of an application from Thomas E. and Jameson A. Buce for City water service to serve Lot 23, Kingsland Pines, 4569 Barrett Street, a single family resi- dence. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicant. Mr. Young moved for approval of the City's standard water service/annexation agreement as outlined by the City Manager, seconded by Mrs. Durante. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 47-80 author- izing $580,000 Garbage and Trash Collection Revenue Bonds, Series 1980 is before Council for consideration. The City Manager presented Resolution No. 47-80: A RESOLUTION AUTHORIZING THE ISSUANCE OF $580,000 GARBAGE AND TRASH COLLECTION REVENUE BONDS, SERIES 1980, OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF ACQUIR- ING GARBAGE AND TRASH COLLECTION EQUIPMENT, AND PROVIDING FOR THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF SAID GARBAGE AND TRASH COLLECTION REVENUE BONDS, SERIES 1980. (Copy of Resolution No. 47-80 is on file in the official Resolution Book) Mayor Weekes noted that these are at an average rate of 6.5%. - 4 - 6/10/80 Mr. Bird moved for the adoption of Resolution No. 47-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported that Resolution No. 48-80 awarding the sale of the $580,000 Garbage and Trash Collection Revenue Bonds, Series 1980 is before Council for consideration. The City Manager presented Resolution No. 48-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING $580,000 CITY OF DELRAY BEACH, FLORIDA GARBAGE AND TRASH COLLECTION REVENUE BONDS, SERIES 1980. (Copy of Resolution No. 48-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 48-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Ordinance No. 25-80 relative to rezoning nine parcels of real property in implementation of the Com- prehensive Plan is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 26th 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. 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 IMPLEMENTATION OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 24, 1979; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 25-80 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. Stanley Katz, Pines of Delray West,~ asked if these zoning changes are to be made along Linton Boulevard between Homewood and Dover. Mrs. Plume, Planning & Zoning Board, stated that this re- zoning does not effect the Pines of Delray West and these rezonings are merely to recognize what exists; it is not changing, in essence, any of the zoning. Mayor Weekes added that the buildings in these parcels are already in place; there is no vacant land included in this. What has been done is to recognize the uses to which the property has been put and in almost every instance the developer has built at a lower density than that which was granted. They have changed the ordinance to reflect what was actually built. Mr. Scheifley added that Mr. Katz' concern is high buildings being built in the vicinity of Pines of Delray; what they are doing tonight has no effect on that property at all. The public hearing was closed. - 5 - 6/10/80 Mr. Bird moved for adoption of Ordinance No. 25-80 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, Mayor Weekes advised Mr. Katz to go to the Planning Department and have them go over this with him so he can see precisely what each one of the parcels is and what's involved in it. If he still has questions after that, he (Mayor) would be glad to discuss it with him. At this point the roll was called to the motion. 8.d. 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a' public h~aring has been scheduled to be held at this time. 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. (Copy of Ordinance No. 28-80 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. 28-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call qouncil 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. 30-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to adding "adhe- sive products manufacturing" as a permitted use is before Council for consideration on First Reading. Council, at the April 21st workshop meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 30-80: 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 SECTIONS 30-14(B) AND 30-15(B) BY ADDING "ADHESIVE PRO- DUCTS MANUFACTURING" AS A PERMITTED USE; 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. 30-80 on First Reading, seconded by Mr. Bird. - 6 - 6/10/80 Mr. Bird asked what control they have over pollution; he is concerned about the extremities of manufacturing adhesives. Mrs. Plume replied that this request came from a gentleman and a group went down, including Planning staff, to visit the existing plant. They went over it with a fine tooth comb and felt there was nothing objectionable about it. Mr. Bird stated that they keep getting this same problem with recommendations coming forward which he thinks are a little too open ended to protect the City from noxious fumes in this case, noise in other cases. Mrs. Plume stated that it might be better to have this as a conditional use. The Assistant City Attorney stated that in the LI and MI, in Section (A) Purpose, all of them contain the requirements that such uses shall not employ materials, processes or machinery which cause objec- tionable odors, dust, noise, fumes, smoke, etc. Mr. Bird asked if they would be better off to either limit this or classify what kind of adhe- sive production they're talking about. The Assistant City Attorney replied, yes. Mrs. Durante suggested listing the type of things that they're talking about, the same way they handled the perfume factory. Mrs. Plume stated that she doesn't know how many types of adhesive pro- ducts there are and suggested that Council send this back to the Planning and Zoning Board. .Mrs. Durante withdrew.her motion and Mr. Bird his second. Mr. Scheifley moved to refer this to the Planning & Zoning Board for further study and recommendation, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9.a. The City Manager reported that the engineering firm that represents the developer has requested on behalf of the developer that this item be deferred to a future meeting since the applicant could not be present tonight. Mr. Scheifley asked if the decision on Chatelaine park on June 17th would be made regardless of the disposition of this item (9a). The City Manager replied that, in his opinion, one is not contingent on the other. Mayor Weekes declared the meeting adjourned at 7:50 P~M. Clerk ATTEST: MAYOR 'The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of June 10, 1980, whi~ minutes were for- mally approved and adopted by the City Council on y Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 7 - 6/10/80