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07-08-80 JULY 8, 1980 A special meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 12:00 Noon, Tuesday, July 8, 1980, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. Council member Bird was absent. Mayor Weekes announced that the meeting has been called for the purpose of (1) opening bids received by the City for the $1,390,000 General Obligation Bonds; (2) consideration of adoption of Resolution No. 58-80; and (3) consideration of adoption of Resolution 59-80. 1. Mr. Stan Ross with the firm of Dean Witter Reynolds, Inc., the City's financial consultants, reported that they have gone through all of the procedures as authorized by City Council and they have re- ceived three bids. Bids were opened for the $1,390,000 General Obligation Bonds and sale of same. Mr. Thomas E. Weber, Finance Director, read the bids as follows: Citizens and Southern National Bank and Barnett Bank AMOUNT - $1,376,516.70 NET Interest Cost - 7.3621% Trust Company Bank AMOUNT - $1,390,000.00 NET Interest Cost - 7.219673% William R. Hough & Company AMOUNT - $1,377,970.00 NET Interest Cost - 7.27782% Mayor Weekes excused the Finance Director and the financial consultant from the Council Chambers for evaluation of the bids and declared a recess, the time being 12:05 P.M. The meeting reconvened at 12:50 P.M. Mr. Ross reported that they have examined the three bids and have found them all to be in order. They find that the bid of the Trust Company Bank at 7.219 is the best bid, the second best bid is from William R. Hough at 7.2778 and the third is from Citizens and Southern Bank and Barnett Bank at 7.3621. Mr. Ross added that they have been following the market, trying to sell these Bonds since they were voted on last December. He further explained market conditions since that time and stated that the bid of Trust Company Bank is in line with conditions at this time. He recommends the award. 2. The City Manager presented Resolution No. 58-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DETERMINING CERTAIN DETAILS OF THE $1,390,000 GENERAL OBLIGATION BONDS OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 58-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 58-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 3. The City Manager presented Resolution No. 59-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWAKING $1,390,000 GENER~ OBLIGATION BONDS, DATED FEBRUARY 1, 1980. (Copy of Resolution No. 59-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 59-80, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mayor Weekes declared the meeting adjourned at 1:00 P.M. City 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 July 8, 1980 which minutes were formally approved and adopted by the City Council on . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. ' - 2 - 7/8/80 117 JULY 8, 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, July 8, 1980, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Mayor Weekes. 2. The Pledge of Allegiance to the flag of the United States of ~merica was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of June 24, 1980 and the special meeting of June 17, 1980, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird stated that he has provided each member of Council with a copy of a memorandum the subject of which is comprehensive capital improvement plans. He read the first paragraph of the memo. He thinks that a group of individuals from the community could establish the course to help them look into the future a few years and decide what they need, where they need it and when it should be brought up in order to be of the maximum benefit to all citizens of Delray. It was the consensus of Council to discuss this at the next workshop meeting. 4.b.1. Mrs. Durante stated that when they used to have their meetings on Monday nights, a Council member could plan a vacation for two weeks and not miss a meeting if there was a holiday. She just dis- covered, when she went away on an eight day vacation, that she had to miss a workshop meeting. That was the first Council meeting she's missed since she's been on the City Council. 4.c.1. Mr. Scheifley stated that there have been a lot of objec- tions about odors from the sewage treatment plant and steps are being proposed to correct the situation. The other day someone asked him why the engineers didn't anticipate this and build in the things they are now putting in to eliminate the odors. When and if they meet as a Sewer Board, he thinks they should bring up that question. The City Manager added that he doesn't think they sho61d wait; the Sewer Board should authorize the odor control devices to be installed now. They can be used in conjunction With the new plant. He recommends it to Council. Mr. Bird added that he assumes they are all aware of the reasons why they are not going to leap into a temporary solution at great expense until the engineering is completed for the addition to the plant. At that time, the odor emanating from the plant will be taken care of in a mechanical manner. In the interim, procedures have been established for the plant operator to follow to preclude the plant from becoming sePtic. 4.d.1. Mayor Weekes stated, for the benefit of the public, that they sold the bond issue today; the figure was 7.21 and they feel that it is a good interest rate. 4.d.2. Mayor Weekes stated that with regard to the amendments to the ordinance relative to trade shops, he has had several calls from owners of property in the area that is affected. They have asked to be heard at a workshop meeting before Council considers the formal amend- ment to the ordinance. It was the consensus of Council to hear the affected property owners at a workshop meeting before they consider the ordinance formally. There were no public requests from the floor. 6.a.1. The City Manager reported that they have received the authorization from the Bureau of Beaches and Shores to proceed with work on the beach. He has four items in regard to this; the first being the recent letter of authorization. The second item has to do with the installation of a sand fence. A contract was awarded by Council in 1979 for this fence; the fence has been purchased and now they are in a posi- tion to execute the contract; that procedure will be started immediately. Fortunately, this contractor has agreed to stay with the original bid price. The third item has to do with landscaping on the beach. The landscaping was submitted to bid and they received bids last month. They received three bids for the landscaping; the first bid from Kent Ewing Enterprises, Inc. in the amount of $15,360.00; the second bid from Treeland Nurseries, Inc. in the amount of $20,275.20; and the third bid from Delray Nursery and Landscape, Inc. in the amount of $22,630.40. It is recommended that the award be given to Kent Ewing Enterprises, Inc., - the low bidder, in the amount of $15,360.00. Mrs. Durante moved'to award the contract to Kent Ewing in the amount of $15,360.00 for l~ndscaping, seconded by Mr. Bird. Said motion passed unanimously, 6.a.2. The City Manager rePorted that Resolution No. 60-80 is before Council for consideration. This iS.a resolution that is re- quested by the Bureau of Beaches and Shores and the Department of Natural Resources for funding for future years for the beach and the total amount of $160,500.00 for fiscal years 1981-82 and 1982-83. Approval is recommended. · The City Manager presented Resolution No. 60-80: A RESOLUTION OF THE ciTy COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN ~APPLI- CATION TO THE STATE 'OF FLORIDA DEPARTMENT OF NATURAL RESOUREES REQUESTING AND SETTING FORTH THE NEED FOR FUNDS IN REGARD TO: MONITORING THE BEACH EROSION CONTROL PRO- JECT, CONDUCTING OFFSHORE SAND SEARCH, ALTERNATE SAND SOURCE INVESTIGATION, COASTAL STRUCTURES STUDIES, AND TO IMPROVE AND PROTECT, THE BEACH AREA AND DUNE, WITH VEGE- TATION AND OTHER NECESSARY ACTIVITIES, ALL AS MORE FULLY SET FORTH IN THE APPLICATION. (Copy of Resolution No. 60-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. ~0-80, 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. 6.b. The City Manager reported that there were several items included in this bond issue. The first is the expansion of City Hall; the architect was retained some time ago and preliminary plans have been _ completed. He is now working on the construction plans and specifi- cations. The target date for completion of plans and submitting to bid is October 1, 1980. Mayor Weekes stated that he feels that Council would like to look at the front elevation again before they finally approve those plans and put them out to bid. He has heard a number of comments from Council that there is too much glass. The City Manager replied that the last time he presented the plans to Council, no objections were raised, however, someone did ques- tion the amount of glass on one of the elevations. He immediately then authorized the architect to proceed with working on the drawings. He expressed the concern to him of the amount of glass and the architect thought there would likely be some breakage, damage and vandalism regard- less of which elevation was used. However, if Council wishes, he will secure back from the architect the elevations and have Council take another look at them. If the architect thinks that there could be a change necessitated by a different elevation being used, he'll have him hold up work on it. - 2 - 7/8/80 11§ Mayor Weekes added that he was not talking about any major design change but simply some way to either reduce the amount of glass by block or by some other protective device. He thinks that if they don't, they are going to be plagued with continued vandalism. It was Council's consensus to have the City Manager contact the architect on this issue. The City Manager reported that the next item is the fire station. The architect has been selected and he is now working on the drawings. The target date for completion of the drawings and submission to bid is October 1, 1980. On the Police Station, the design was done by the City Engineering Department. Those plans were completed some time ago and bids were taken. They had anticipated bringing that item to Council tonight for award of a contract, however, the bid came in slightly more than the amount provided by bond issue funding. He in- structed the staff to attempt to negotiate the contract downward, if possible, with the bidder. That item is on hold for about a month and he anticipates getting back into that in a month and getting on with Police Station renovation. The plans are complete and ready to go. The City Manager further stated that Miller Park is the most complicated one of all of them. That also is-being done by the City Engineering Department in consultation with the Parks & Recreation Department. The site plan has been completed, the site has been filled, the plans are now being prepared for the various improvements. The target date for completion of construction including the awarding of contracts and all the work which will be done by City forces is anti- cipated by the end of 1980. The plans for the bike path have been completed; it's on hold by the County right now. Bike paths are always constructed with 50% City money and 50% County money. They've gone as far as they can on the bike paths at this time. The City Manager stated that those are all the projects included in the $1,390,000 bond issue. The Public Works Complex at an estimated cost of $1,200,000 is being funded by a prior bond issue. The architect was selected some time ago and is now working on those plans. The target date for completion of those plans and submitting to bid is November 1, 1980. 6.c. The City Manager reported that as discussed at workshop on July 1st, it is recommended .that Council authorize submitting to sale in accordance with legal procedures the following City-owned lands: 1. Parcel No. 47 (City-owned property list) 1.033 acres ± (45,000 square feet), Southeast corner S.E. 10th Street and S.E. 4th Street Extended. 2. Parcel No. 62 (City-owned property list) 5 acres ±, South side of Lake Ida Road at Roosevelt Avenue. 3. Parcel No. 71 (City-owned property list) 25 acres ±, Off Sims Road - Rock Pit Property. 'Upon question by Council, the City Attorney stated that they are going to have to have appraisals before they sell the property. If Council doesn't want to do that now, they can defer it until it gets closer to the time they actually sell it. He informed Council that he intends to propose an amendment to the existing ordinance that pertains to sale of real property to make it more flexible. Right now, in order to sell real property, other than to a governmental agency, they've got to have a base bid in 3/4 of the amount of the assessed value, then they have to advertise that bid and the terms of the sale, and then hold a public auction. Subject to approval by Council, he thinks they could amend the ordinance to simply provide that the City will publish a notice of sale for two weeks and hold a public auction at the end of the two weeks. Mr. Young moved to direct the City Attorney's office to offer an amendment to that ordinance, seconded by Mr. Bird. Said motion passed unanimously. - 3 - 7/8/80 Cindy Pemberton stated that she is a resident of Delray and is neighborhood Chairman of the 23 Girl Scout troops in Delray. One of the parcels for sale, #71, has been made available to the scouts to use for scouting programs. They have spent $500 on clearing a parking area and girls have gone out and cleared areas for camping. Improvements in the future included running water and sanitation facilities. They are interested in keeping this property available to scouts and available as a nature center which would benefit the whole community. Mayor Weekes replied that he doesn't feel that it's a good investment of the taxpayers' money of the City of Delray Beach to main- tain a parcel of that size with that limited use considering the poten- tial cash they might derive from the sale of it. Mayor Weekes asked the City Attorney to give top priority to the ordinance amendment and,~to get it back to Council as soon as possible 6.d. The City Manager reported that Mr. Spence has requested that this item be skipped over tonight and brought up at a later time. 6.e. The City Manager reported that as was discussed at the July 1st workshop meeting, Council is to give consideration to the appoint- ment of Joseph Bell as an alternate member, of the Civil Service Board to fill out the unexpired term of Mort Rowe, who was appointed as a regular member of the Board. The term expires July 1, 1983. Mr. Bird moved to appoint Mr. Bell to the Civil Service Board as an alternate member to fill the unexpired term of Mr. Rowe, seconded by Mr. Scheifley. Said motion passed unanimously. 7.a. Mayor Weekes acknowledged the minutes of the Beautification Committee meeting held on June 4, 1980. · The City Manager stated that the prior minutes of the Beautification Committee referred to two items. One item concerned bicycle racks on the beach and the Parks & Recreation Department is in full agreement. The racks have been ordered and the installation should be completed some time this week. On the second item, a question was raised by a member of the Beautification Committee concerning the terms of the lease agreement between the City and the County for the County's use of the Catherine Strong Center. That item had to do with the main- tenance of the outside. That lease will expire very soon; the Admini- stration is now negotiating with the County to determine whether or not we can have the County be responsible for outside maintenance as well as inside. 7.b. The City Manager reported that a communication has been received from the Area Planning Board dated June 19th, requesting A-95 Clearinghouse review and comment relative to Metropolitan Planning Organization Transportation Improvement Program 1981-1985. The Muni- cipal, County, State and Interstate transportation projects planned for the next 5 years are shown on the sheets which have been provided to Council members. The City Manager's letter dated June 24th to APB states that the program will have no adverse effects on the local natu- ral, 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 concur with the City Manager's letter, seconded by Mr. Bird. Said motion passed unanimously. 7.c. The City Manager reported that the City is in receipt of an application from Richard L. and Eleanor A. Seguin for City water service to serve Lot 1, Block 3, Franwood Pines, 14458 Ellwood Drive, a single family residence. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will per- mit the City to.provide the requested water service to the applicant. Mr. Bird moved to approve the request for City water service outside the City limits, seconded by Mr. Young. Said motion passed unanimously. - 4 - 7/8/80 121 7.d. The City Manager reported that a communication has been received from the Area Planning Board dated June 27th requesting A-95 Clearinghouse review and comment relative to City of Boca Raton Southern Palm Beach 201 Wastewater Facility Plan and EIS. This application is for the continuation of the project and its expansion to include Phase I of a Sanitary Sewer Evaluation Survey and a Wastewater Flow Reduction Study. This project will not result in any adverse effects to the local natural, social or economic environment and there is no duplication of ongoing projects or programs. Mr. Scheifley moved to authorize the City Administration to respond that they have no objection to it, seconded by Mr. Bird. Said motion passed unanimously. 8.a. The City Manager reported that as discussed at the July 1st workshop meeting, Council is to consider awarding a contract to Club Car Company for the purchase of 15 electric golf carts in the amount of $28,425, with funding to come from the 1980-81 Delray Beach Country Club operating budget by adoption of Resolution No. 54-80. The City Manager presented Resolution No. 54-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE PURCHASE OF FIFTEEN (15) ELECTRIC GOLF CARTS FOR THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 54-80 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 54-80, 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.b. The City Manager reported that as discussed at the workshop meeting on July 1st, Council is to consider awarding a contract to Club Car Company for 420 batteries for 70 electric golf carts for the Delray Beach Country Club in the amount of $14,427, with funding to come from the 1980-81 Delray Beach Country Club operating budget by adoption of Resolution No. 55-80. The City Manager presented Resolution No. 55-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE PURCHASE OF 420 BATTERIES FOR THE ELECTRIC GOLF CARTS FOR THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 55-80 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 55-80, 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 Resolution No. 56-80 re- leasing and abandoning road and ditch easements at High Point Section VII, lying south of the L-32 Canal, between Military Trail and Barwick Road is before Council for consideration. Council, at the June 24th meeting, instructed the City Attorney to prepare the resolution effect- ing the abandonment. The City Manager presented Resolution No. 56-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RELEASING AND ABANDONING ROAD AND DITCH EASEMENTS AT HIGH POINT SECTION VII, LYING SOUTH OF THE L-32 CANAL, BETWEEN MILITARY TRAIL AND BARWICK ROAD. SAID LAND IS LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. - 5 - 7/8/80 (Copy of Resolution No. 56-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 56-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Resolution No. 57-80 relative to adopting the South Central Palm Beach County 201 Facilities Plan Addendum is before Council for consideration. The City Manager presented Resolution No. 57-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY _ BEACH, FLORIDA, ADOPTING THE SOUTH CENTRAL PALM BEACH COUNTY 201 FACILITIES. PLAN ADDENDUM. (Copy of Resolution No. 57-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 57-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mro Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. 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. S.E. 10th Street, subject to ~4-15 (Multiple Family Dwelling) District 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. 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, ~ICH 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. ' (Copy of Ordinance No. 26-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance _ with the laws Of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Scheifley moved for the passage of Ordinance No. 26-80 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 33-80-is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29, "Water and Sewers" of the Code of Ordinances relative to water meter deposits. This ordinance was passed on First Reading at the June 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 6 - 7/8/80 The City Manager presented Ordinance No. 33-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, ARTICLE II, WATER SERVICE, BY REPEALING SECTION 29-19 DEPOSIT TO GUARANTEE PAYMENT AND ENACTING A NEW SECTION 29-19 PROVIDING FO. INCREASED MINIMUM DEPOSITS AND ESTABLISHING CHARGES FOR INSIDE AND OUTSIDE THE CITY LIMITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 33-80 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 thanked the Administration for providing them with information regarding the other Cities' charges for deposits for water service. In comparison Delray was on the low side and by going to the $40 charge, Delray's charge will be comparable to neighboring Cities. Mrs. Durante moved for the adoption of Ordinance No. 33-80 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird stated that in today's sellers market as rental properties go, it's very difficult for young people starting out to come up with even the neces- sary money to be renters, never mind buyers. Many property owners are getting first month, last month, security and then you add on deposits and a modest one bedroom, one bath apartment in Delray Beach can go as high as $1,000. He urged the Administration to give a great deal of thought to this subject in hopes of some alternative other than continu- ally escalating the deposit. Mrs. Durante stated that she continually gets complaints and calls from different people when they find that they have got to pay a past due water bill that they didn't incur. So a tenant moving into an apartment may still have to pay that $40. At least with this method, they'll have a chance to get back their full $40 and they don't have to pay for anyone else's past due bills. At this point the roll was called to the motion. ' 8.9. The City Manager reported that Ordinance No. 34-80 amending Chapter 30 "Zoning" of the Code of Ordinances relative to "Special Set- back Provisions" is before Council for consideration on First Reading. This was discussed at the July 1st workshop meeting. The City Manager presented Ordinance No. 34-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDI- NANC'ES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-16, "SPECIAL SETBACK PROVISIONS", TO ADD A NEW SUBSECTION (N) PROVIDING FOR MINIMUM REAR SETBACKS OF 10 FEET FOR SCREENED PORCHES IN CERTAIN RESIDENTIAL ZONING DISTRICTS WHENEVER AT LEAST 50 FEET OF OPEN SPACE SEPARATES THAT REAR PROPERTY LINE FROM THE NEXT REAR PROPERTY LINE DIRECTLY ACROSS AND ABUTTING SAID OPEN SPACE; PROVIDING FOR A DEFINI- TION OF OPEN SPACE FOR THE PURPOSES OF THIS SUBSECTION; REQUIRING THAT TO QUALIFY, SUCH OPEN SPACE MUST EITHER CON- SIST OF COMMON OPEN SPACE OR BE DEDICATED TO THE PUBLIC OR RESTRICTED TO OPEN SPACE USE BY COVENANTS, DECLARATIONS, EASEmeNTS OR DEED RESTRICTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 34-80 on First Reading, seconded by Mr. Scheifley. - 7 - 7/8/80 The City Attorney stated that at Council's last meeting, Council requested that the ordinance be prepared to include screened in porches only. After that meeting they wanted to check on how many; they were informed by the Building Department that there are only 3 in the whole area so "screen porches" should be inserted in (N)(1) and "screen porch" should be inserted in (N)(2). Also, in the caption, the words at the end of the sixth line "and enclosures" should be deleted. Mr. Bird amended his motion as outlined by the City Attorney, seconded by Mr. Scheifley. Upon roll cal.1 Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.h. The City Manager reported that Ordinance No. 35-80 amending Chapter 30 "Zoning" of the Code of Ordinances relative to accessory buildings is before Council~for consideration on First Reading. At the June 3rd workshop me.eting, Council instructed the City Attorney to pre- pare the ordinance. The City Manager presented Ordinance No. 35-80: 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 30-6(P) ~4-6, SECTION 30-7(P) RM-10, AND SECTION 30-8(P) RM-15 MULTIPLE FAMILY DWELLING DISTRICTS, TO ADD A NEW SUBSECTION (5) TO PROVIDE THAT IN DUPLEX DE- VELOPMENTS, IF THE PARTY WALL IS EXTENDED, ALL ACCESSORY BUILDINGS, STRUCTURES, OR USES MAY BE PLACED CONTIGUOUS TO THIS WALL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. ~ The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 35-80 on-First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.i. The City Manager reported that Ordinance No. 36-80 amending Chapter 30 "Zoning" of the Code of Ordinances relative to platting requirements for townhouse developments is before Council for consider- ation on First Reading. This was discussed at the June 3rd workshop meeting. The City Manager presented Ordinance No. 36-80: 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 A~NDING SECTION 30-1(89) "DEFINITIONS" TO PROVIDE THAT EACH INDIVIDUAL TOWNHOUSE LOT SHALL BE PLATTED IN ACCORD- _ ANCE WITH THE PROVISIONS OF CHAPTER 24 OF THE CITY'S CODE OF ORDINANCES AND THAT SECTION 30-17(P)(2) "SUPPLEMENTARY REGULATIONS" BE AMENDED BY ADDING A SUBSECTION (c) TO PROVIDE THAT EACH INDIVIDUAL TOWNHOUSE LOT SHALL BE PLATTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 24 OF THE CITY'S CODE OF ORDINANCES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 36-80 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.j. The City Manager reported that Ordinance No. 37-80 amending Chapter 30 "Zoning" of the Code of Ordinances relative to assembly of mechanical parts is before Council for consideration on First Reading. This was discussed at the workshop meeting on May 6th. - 8 - 7/8/80 The City Manager presented Ordinance No. 37-80: 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 30-14(B) LI (LIGHT INDUSTRIAL) DISTRICT AND SECTION 30-15(B) MI (MEDIUM INDUSTRIAL) DISTRICT TO ADD ASSEMBLY OF MECHANICAL PARTS 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. 37-80 on First Reading, seconded by Mr. Young. Mr. Bird stated that he thinks this is too broad a category; this ordinance should be limited. The LI Districts are not that well buffered from the residential areas. Mrs. Plume, Planning & Zoning Board, stated that there is a clause of protection in the. ordinance. Upon question by Mr. Bird, the City Attorney stated that any use permitted in a zoning district, whether in the LI District or not, will be subject to the noise ordinance that the City has. It is not necessary to add to this ordinance that this use will be subject to the noise ordinance; all uses will be subject to the noise ordinance. Mr. Bird asked about protection from noxious odors. The City Attorney replied that the only thing that would control that is general nuisance law that a property owner would be able to restrict the use of another owner's property to the extent that there was a nuisance. Mr. Scheifley noted that Mr. Bird mentioned three possible objections; one is noise, which it seems should be taken care of by the noise ordinance; another one is odors and the City Attorney thinks that can be taken care of by general nuisance; the third objection was loco- motives or 747's. That concerns size; an arbitrary size could be put into the ordinance to eliminate that objection. Mr. Bird stated that their intention when they discuss industrialization of Delray Beach is always that it should be clean, neat, non-polluting, non-offensive industry. He contends that this does not insure that kind of industry. Mayor Weekes asked if they have someone waiting for this ordinance to be adopted. The City Attorney replied that one of the reasons this is on the agenda is because they received informatio~ from the Building Department that this particular individual appeared before the Planning & Zoning Board and he has a government contract to assemble air compressors which he will lose at the end of July if the ordinance is not in effect by that time. He (City Attorney) agrees with Mr. Bird that the ordinance could use some refinement. He suggested that the ordinance be adopted in its present form and then sent back to the Planning & Zoning Board for refinement to add some of these restrictions that may accomplish the things Mr. Bird wants to accomplish. Mayor Weekes concurred with the suggestion of the City Attorney and added that they can PaSS it in its present form on Second Reading and then, in the interim, come back later and amend it by another ordinance. Mrs. Durante withdrew her motion and Mr. Young his second. Mr. Bird moved to approve Ordinance No. 37-80, subject to the Planning & Zoning Board having provided to the Council appropriate safeguards to the ordinance no later than October 1, 1980, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on June 16th, recommended by unanimous vote that the site and development plan for Moore's Landing, located north of N.E. 8th Street, between Andrews Avenue and the Intracoastal Waterway be approved, subject to the following: - 9 - 7/8/80 1) City Engineer's memorandum of May 23rd and letter of June 5th. 2) Director of Public Utilities memorandum of May 15th. 3) That the property owner located between Andrews Avenue and the subject property provide a permanent access and utility easement so as to guarantee access to the de- velopment. 4) Availability of water. 5) A time limitation of twelve months be set for develop- ment of the project. - This was discussed' at the July 1st workshop meeting. \ The City Attorney reported that there was a problem raised at the last meeting concerning the access for this property onto 8th Street. He and Mr. Church,.CitY Engineer, met with Mr. Andrews last Wednesday and informed him of the requirement and the manner in which they could prepare a plan in order to meet the requirements and also meet the setback provisions of the City ordinance. They have a plan with them tonight, which Mr. Church, as yet, has not seen. As part of the approval process, he recommends that it be approved subject to the applicant providing an accessway meeting the setback requirements and subject to the approval of the City Engineer. The City Manager con- curred with the recommendation. Mr. Andrews stated that it was found that they could put the proposed access easement in and comply with the setbacks both on the side and front yard, so they do not have the problem anymore of a side yard setback. Mr. Bird moved to sustain the recommendation of the Planning and Zoning Board subject to the approval of the City Engineer as to the private accessway and also that the accessway meet the setback require- ments, seconded by Mr. Young. Said motion passed unanimously. 10. Mr. Sam Portnay, Beautification Committee member, asked who is' responsible for beautification of the center medians to Military Trail on Atlantic Avenue in the western part of the City. The City is very beautiful up to a certain point and then the trees stop. He asked the Beautification Committee and they didn't know the answer. ' The City Manager replied that the State will not assume the responsibility for beautification, therefore, if the jurisdiction in which the median strip and the right-of-way is located wishes to beautify it, it is their responsibility. If the portion ~that is within the City is going to be beautified, that would be up.to the City to decide whether or not it wishes to spend the money or raise the money through voluntary _ contributions ~o beautify it. For the portion outside the City, it would be up to the County as to whether or not they would wish to assume the obligation for beautification. Mayor Weekes added that the present ones were beautified by public subscription of the various clubs in the City; this was done years ago. It might be worthwhile to consider another project of the civic clubs, garden clubs and those kinds of clubs to again undertake the program of beautification of the medians. Mayor Weekes declared the meeting adjourned at 8:00 P.M. City Clerk ATTEST: ~ ~", MAYOR ' - 10 - 7/8/80 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 July 8, 1980, which minutes were for- mally approved and adopted by the City Council on . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 11 - 7/8/80