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08-12-80 151 AUGUST 12, 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, August 12, 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 America was given. 3. Mr. Young moved for approval of the minutes of the regular meeting of July 22, 1980 and the special meetings of July 24 and August 1, 1980, seconded by Mrs. Durante. Said motion passed unanimously. (Mr. Bird abstained from voting on the July 24th minutes because he was not present at that meeting). 4.a.1. Mr. Bird reported that Council has been provided with copies of a memo containing figures concerning the Seacrest Hotel. He has asked for some. additional research on these figures. 4.a.2. Mr. Bird referred to a letter from the City Manager to Mr. Mayer, DOT, with regard to the surplus 1-95 right-of-way property and stated that he thought it was Council's intent not to acquire the use rights but only to inquire as to the procedure for acquiring. Mayor Weekes added that he believes the consensus of Council was to consider the acquisition of them if they were available to be acquired. Mr. Bird stated that he thinks that the City would be better served by having these parcels returned to the tax rolls and asked that the minutes be researched and that the motion be brought back to them. 4.b.1. Mrs. Durante stated that she was appointed by Council to serve on the Community Action Council Advisory Board. There is a con- flict with their meetings because they are now meeting on Tuesday nights. The County Commission asked her to select an alternate to be appointed by City Council. Deborah Williams, Director of the Housing Authority, agreed to fill that position. Mrs. Durante moved that Deborah Williams be appointed as an alternate on the Community Action Council Advisory Board, seconded by Mr. Bird. Said motion passed unanimously. 4.c.1. Mayor Weekes stated that last Friday night he received a plaque from the Roots Festival Committee on behalf of the City of Delray Beach commending the City for its unselfish support in the enhancement of cultural heritage. He is pleased that they were able to support the Roots Cultural Festival. 4.c.2. Mayor Weekes reported that they have a vacancy occurring on the Housing Authority due to the resignation of Dr. Warren Nubern and expressed the City's deep gratitude to Dr. Nubern for his unselfish service over a period of years, not only on the Housing Authority but any number of other areas in which he has offered himself. Mayor Weekes appointed Reverend Donald M. Mackay, the pastor of Cason United Methodist Church, as Dr. Nubern's replacement. Mr. Bird moved to approve the action of Mayor Weekes in the appointment of Reverend Mackay, seconded by Mr. Young. Said motion passed unanimously. 5.a.1. Mrs. Alice Finst, 707 Place Tavant, stated that several weeks ago Sam Portnay spoke to Council about the traffic situation on Barwick and Lake Ida Roads. The following week there was a collision between two motorcyclists on Barwick and Brandon Road and one of the motorcyclists was seriously injured. Yesterday afternoon there was a collision between two cars. She is here to ask Council to reduce the speed limit on Barwick and Lake Ida Roads. In spite of the Land Use Plan which shows this as a major artery, this is a residential area now. In October there will be a bicycle path extension across Barwick to the canal. Since traffic lights of some sort will be put in this area when 152 the fire station is in operation, they hope the City will take some action now to get the traffic under control in the area. She made several suggestions: post a sign that says "dangerous intersection"; a four-way stop sign with flashers such as the one at Military Trail; installation of some no passing signs; and anything else that would reduce the speed and the number of accidents in this area. Mayor Weekes asked the Administration to give Council a report on those suggestions as soon as it is convenient to do so. 6.a.1. The City Manager reported that Council is to consider settle- ment o'f the claim with regard to damage at the Cromwell Arms Restaurant that was caused by a failure in one of the City's water and sewer faci- lities. The damage comes to a total of $2,996.70. The payment for this would be from the City's self insurance fund. It is recommended that Council authorize settlement of this claim in the amount indicated Mr. Bird moved to authorize settlement of this claim in the amount of $2,996.70 with payment to come from the City's self insurance fund, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mayor Weekes asked if every claim has to come before Council. The City Attor- ney replied that ~he was going to have this put on the next workshop agenda; if a claim is in excess of $1,000, it has to come before Council. Mayor Weekes agreed that they should have this on a workshop because he doesn't want the Council placed in a position of having to consider every claim. It was the consensus of Council to determine the amount that can be settled by the Administration at an early workshop meeting. Mr. Bird suggested that at that same workshop meeting, they consider the proposal that was made in regard to non-commercial items. Mr. Bird explained the proposal further: a number of bodies in the Palm Beach County area have a double agenda; the first part of the agenda is handled in bulk and contains non-controversial items such as this insur- ance claim, .which are passed as a group. If some member of the deli- berative body wants to discuss an item, it is taken out of the non-contro- versial agenda and put on the regular agenda. The City Manager replied that that's commonly known as the consent agenda. He thinks it's a good idea, he's been gathering some information with regard to it and he feels they should move in that direction. At this point the roll was called to the motion. · 6.a.2. The City Manager reported that Ordinance No. 49-80 relative to adding perfume processing shops as a permitted use is before Council for consideration on First Reading. The City Manager presented Ordinance No. 49-80: 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 30-15(B) MI (MEDIUM INDUSTRIAL) DISTRICT TO ADD "PERFUME PROCESSING SHOPS" AS A PERMITTED USE AND BY AMENDING SECTION 30-12(N) (4) (c) (2) SC (SPECIALIZED COMMERCIAL) DISTRICT, AND SECTION 30-17(H) (2) SUPPLEMENTARY REGULATIONS BY ADDING THE TERM "PERFUME PROCESSING SHOPS"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird stated that when they discussed this at workshop, it was determined that they could probably handle abuses to it by limit- ing the size in those areas which were close to residential or general commercial and that it would be appropriate that it be added as an acceptable use in a specialized commercial district under the same provisions as sign shops, upholstery shops, etc. There is a gentleman who is awaiting approval of this ordinance in order to move into a warehouse; that is why he asked that it be brought up tonight. - 2 - 8/12/80 153 Mr. Bird moved for adoption of Ordinance No. 49-80 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. Mayor Weekes left the Council Chambers at this time and Vice-Mayor Bird took the chair. 6.a.3. The City Manager reported that Resolution No. 69-80 relative to removal of condemned buildings is before Council for consideration. It is recommended that this resolution be adopted which would authorize the Housing and Community Development agency of the County to remove these buildings at no expense to the City. There is a correction on item 19 of the resolution; the correct address is 109 S.E. 7th Street. The City Manager presented Resolution No. 69-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING CERTAIN HOUSES WITHIN THE CITY TO BE UNSAFE AND AN EMERGENCY BECAUSE SAID HOUSES ARE A POTENTIAL FIRE HAZARD; AND REQUESTING THE HOUSING AND COMMUNITY DEVELOPMENT OFFICE OF PALM BEACH COUNTY TO DE- MOLISH SAID HOUSES WITH FUNDS MADE AVAILABLE TO IT, AT NO COST TO THE CITY NOR TO THE RESPECTIVE PROPERTY OWNERS. (Copy of Resolution No. 69-80 is on file in the official Resolution Book) Upon question by Mr. Bird, the City Manager replied that they would talk to the Fire Department about the possibility of using some of the buildings as a training exercise before removal of them. There has been some conversation in regard to that. Mayor Weekes returned to the meeting at this time. Mrs. Durante moved for adoption of Resolution No. 69-80, 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.a.4. The City Manager reported that three bids have been received for the construction of the second floor addition and renovation at the Police Station; the first and low bid from Campbell Construction Company in the amount of $48,000.00; the second bid from West Construction Company in the amount of $62,000.00; and the third bid from De Vo's Construction Company in the amount of $69,000.00. It is recommended that Resolution No. 70-80 be adopted awarding the contract to Campbell Construction Company in the amount of $48,000.00 with funding to come from the Bond issue that has been passed by the City for this purpose plus the balance which is estimated to be $5,000.00 coming from the 1980-81 budget. The City Manager presented Resolution No. 70-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE CONSTRUCTION OF A LAW ENFORCEMENT COMPLEX: REMODEL- ING THE SECOND FLOOR (WEST END) FOR THE INVESTIGATIVE~ DIVISION LOCATED AT 200 SOUTHWEST FIRST STREET, DELRAY BEACH, FLORIDA. (Copy of Resolution No. 70-80 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 70-80, 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. - 3 - 8/12/80 154 6.b. The City Manager reported that as discussed at the workshop meeting on August 5th, Council is to consider the retention of Mr. Stanley Dunn of Dunn & Associates as a consultant relative to the Noise Ordinance. Mr. Dunn's fee is $50 per hour, with the approximate total cost being $2,000, assuming no problems are encountered. Mr. Bird moved to authorize retention of a consultant rela- tive to the Noise Ordinance at a rate of $50 an hour to an approximate total of $2,000 to be awarded to Mr. Dunn, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mayor Weekes asked if any discussion was had regarding their utilizing the input that was available at the passage of the County ordinance. He understands that the County recently adopted a Noise Ordinance and they went through the same kinds of things that the City is now going througt. and had input from various groups. Mr. Bird stated that there will be a necessity to go around town and generate the additional background so that Delray's ordinance will be uniquely applicable to Delray Beach's noise requirements. At this point the roll was called to the motion. 6.c. The City Manager reported that as discussed at the August 5th workshop meeting, Council is to consider the appointment of Christopher Hurst as a member of the Board of Construction Appeals to fill the unexpired term of Herbert Mead which ends January 8, 1982. Mr. Bird moved to appoi-nt Christopher Hurst to the unexpired term of Herbert Mead, seconded by Mr. Scheifley. Said motion passed unanimously. 6.d. The City Manager reported that as discussed at the workshop meeting on August 5th, Council is to consider waiver of filing fee in the E.W. Reisig appeal. It is recommended that the $125 filing fee not be waived. Mr. Scheifley moved that, in the application of Mr. Reisig for waiving, the filing fee not be waived, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: ~r. Bird stated that he doesn't see any difference between this problem and the ones they had with regard to the screen enclosures except it is in the business community and not in the residential community. It's clearly a case where they've had a change of interpretation of rules by a City Department and he feels the relief should be granted. Mr. Scheifley stated that he feels there is a great deal of difference. One is in a residential area in which there are no objec- tions; in this case, it borders on a residential area and there are objections. Mrs. Durante stated that maybe they should table this and not act on it right now. Mr. Scheifley stated that he feels that doing this might prejudice some future litigation. The City Attorney replied that he doesn't think that Council's action in regard to this' is going to pre- judice either the Board of Adjustment hearing or any stance that the City would take in litigation. Upon question by the City Manager, the City Attorney replied that this applicant is seeking an appeal of the Board of Adjustment's decision. There is a distinction between the two and there is more justification for waiving the fee for the screen enclosures than there is for this particular instance. - 4 - 8/12/80 155 Mr. Bird moved to table this item, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - No; Mayor Weekes - No. Said motion failed with a 3 to 2 vote. At this point the roll was called to the first motion. 6.e. The City Manager reported that Council should designate, by motion, the City's voting representative for the Florida League of Cities Convention to be held in Bal Harbour, October 23rd, 24th and 25th, 1980. Mr. Scheifley moved to appoint Mayor Weekes as their voting representative at the convention, 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 - No. Said motion passed with a 4 to 1 vote. 6.f. Mr. Bird moved to amend the agenda and add item 6.f., con- sideration of appointments to the Financial Advisory Board, seconded by Mr. Young. Said motion passed unanimously. Mr. 'Bird moved to elevate the alternates of that Board to the unexpired terms of Charles Soelch and Terry Braun who have resigned, seconded by Mrs. Durante. Said motion'passed unanimously. Mr. Young stated that he has three names that have been presented to him as possible alternate members of the Financial Advisory Board. He has been requested by Mr. Weber to attempt to contact them to find out whether or not they would be willing to serve. All three of them have been out of town; however., he will continue to try to contact them. He suggested leaving those two alternate spots open. It was the consensus of Council to leave the two alternate spots open for the time being. 7.a. The City Manager reported ~that the City is in receipt of an application from Walter A. Mayton for City water service to serve 14624 South Military Trail, a self-serve gasoline station, convenience store and office space. 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 for approval, seconded by Mr. Scheifley. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 65-80 request- ing permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RH (Residential Multiple Family-High Density) (County) to R-1AA (Single Family Dwelling) District (City), located north of Linton Boulevard, between S.W. 4th Avenue if extended south and S.W. 8th Avenue if extended south is before Council for con- side rat ion. The City Manager presented Resolution No. 65-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RH (RESIDENTIAL MULTIPLE FAMILY) (HIGH DENSITY) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 65-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 65-80, 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. - 5 - 8/12/80 8.b. The City Manager reported that it is recommended that the streets and storm drains installed in Rainberry Bay, Section Four be accepted as operational by adoption of Resolution No. 66-80. The City Manager presented Resolution No. 66-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN RAINBERRY BAY, SECTION FOUR ACCORDING TO PLAT BOOK 38, PAGE 75 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 MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 66-80 is on file in the official Resolution Book) Mr. Young moved for the adoption of Resolution No. 66-80, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weeke~s - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that it is recommended that the sanitary sewers and water utilitites in Rainberry Bay, Section Four be accepted as operational by adoption of Resolution No. 67-80. The City Manager presented Resolution No. 67-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN RAINBERRY BAY, SECTION FOUR AS SHOWN IN PLAT BOOK 38, PAGE 75 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: ON RAINBERRY CIRCLE EAST FROM SECTION ONE TO SECTION THREE, FROM THE INTERSECTION OF RAINBERRY CIRCLE EAST AND NORTHWEST TENTH STREET; DOWN NORTHWEST TENTH STREET 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 MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 67-80 is on file in the official Resolution Book) Mr. Scheifley moved for adoption of Resolution No. 67-80,. 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.d. The City Manager reported that Resolution No. 68-80 relative to endorsing a program of Planned Parenthood and authorizing execution of an agreement with the State of Florida Department of Community Affair. has been prepared for Council consideration. This was discussed at the workshop meeting on August 5th. The City Manager presented Resolution No. 68-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSIST- ANCE FOR COMMUNITY SERVICES ACT; PROVIDING THAT THE CITY OF DELRAY BEACH WILL BE RESPONSIBLE FOR THE LOCAL MATCH REQUIRED UNDER PROVISIONS OF SAID ACT. - 6 - 8/12/80 157 (Copy of Resolution No. 68-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 68-80, 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. Before roll call the following discussion was had: Upon question by Mr. Young, the City Manager stated that no City money is involved. The City Attorney added that the City is legally obligated to provide the local match which is $50,000, in the event that Planned Parenthood doesn't provide it. Upon question, the City Manager stated that they have never failed to provide it in the past. Mr. Scheifley stated that there is an article in the paper today about the difficulty they're having in raising funds. Mr. Robert Chapin, former Council member, stated that when this was originally set up, Planned Parenthood put a deposit in the City bank account of $25,000. Thomas Weber, Finance Director, is the only representive of the City with the right to withdraw those funds. That money is up front to protect the City. The last budget figures for Planned Parenthood that he saw were extremely gratifying in terms of government funds, private funds and private contributions. The building in Boca Raton is owned debt-free. It's doing very well and servicing more and more clients. He receives reports monthly. Starting this year, it's tying in with the Sickle Cell group in Delray Beach. At this point the roll was called to the motion. 8.e. The City Manager reported that Ordinance No. 38-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to screened pool enclosures is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 22nd 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. 38-80: 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 REPEALING SECTIONS 30-5(N)(4) AND (5), 30-6(P)(3), 30-7(P)(3), 30-8(P) (3), 30-8.1(R) (9), 30-8.2(R) (9) AND 30-8.3(R) (9) AND ADDING IN EACH ZONING DISTRICT AFFECTED THEREBY a NEW' SUBSECTION PROVIDING THAT SWIMMING POOLS UNDER CERTAIN CONDITIONS MAY EXTEND INTO THE REAR AND SIDE SETBACKS, THAT UNDER NO CIRCUMSTANCES WHEN SUCH POOL EXTENSION IS PERMITTED SHALL A SCREENED OR OTHER POOL ENCLOSURE BE ALLOWED BEYOND THE USUAL SETBACK LINES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 38-80 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. 38-80 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. - 7- 8/12/80 8.f. The City Manager reported that Ordinance No. 40-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 2 "Administration" of the Code of Ordi- nances relative to sale of real property. This ordinance was passed on First Reading at the July 22nd 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. 40-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 2-7(a) AND ENACTING A NEW SECTION 2-7(a) "SALE OF REAL PROPERTY" PROVIDING AUTHORITY FOR THE CITY COUNCIL TO SELL ANY REAL PROPERTY NOT NEEDED FOR CITY PURPOSES, REQUIRING THE PUBLICATION OF A NOTICE OF SALE AND REQUIRING THAT A PUBLIC HEARING BE HELD CONCERN- ING SUCH SALE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 40-80 is on file in the official Ordinance Book ) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 40-80 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.g. The City Manager reported that Ordinance No. 42-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to adding exer- cise facility as a permitted use is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 22nd 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. 42-80: 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 AMEND- ING SECTION 30-10(B) CC (COMMUNITY COMMERCIAL) DISTRICT, SECTION 30-11(B) GC (GENERAL COMMERCIAL) DISTRICT, SEC- TION 30-12(B) SC (SPECIALIZED COMMERCIAL) DISTRICT, SECTION 30-13(B) CBD (CENTRAL BUSINESS) DISTRICT, AND SECTION 30-13.1(B) LC (LIMITED COMMERCIAL) DISTRICT TO ADD "EXERCISE FACILITY" AS A PERMITTED USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 42-80 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. 42-80 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 8 - 8/12/80 Before roll call, Mr. Bird addressed the proprietors of the exercise facility and stated that he hopes Council will see them at Council meetings even after action is taken on this ordinance and he wished them luck. At this point the roll was called to the motion. 8.h. 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 26th meeting, referred this back to the Planning & Zoning Board for further study and recommendation. The Planning & Zoning Board, at a meeting held on July 22nd, recommended by unanimous vote that Ordinance No. 27-80 be adopted as written. This was discussed at the workshop meeting on August 5th. 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 SECTION 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 moved for the adoption of Ordinance No. 27-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley- Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Attorney pointed out that there has been one amendment to this ordinance which provides that the screen- ing can be a hedge when the recreation vehicles are six feet or less. At this point the roll was called to the motion. 8.i. The City Manager reported that Ordinance No. 44-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to establishing permit fees to defray the cost of construction progress inspections of paved areas by the Engineering Department is before Council for ~on- sideration on First Reading. Ordinance No. 44-80 was not ready for Council consideration at the July 22nd meeting. The Ci%y Manager presented Ordinance No. 44--80: AN ORDINANCE OF THE CITY COUNCIL OF THE CIT~ OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', BY AMENDING SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE" TO ADD A NEW SUBSECTION (h) TO AP- PENDIX "K" RECOMmeNDED SCHEDULE OF PERMIT FEES; PROVIDING FOR PAVING PERMIT FEES; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 44-80 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley- Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird asked if this fee schedule now covers their expense. The City Manager replied that it is thought that it will approximately cover the expense of the inspection. - 9 - 8/12/80 1§0 At this point the roll was called to the motion. ~ The City Manager reported that Ordinance No. 45-80 relative to annexing a parcel of land, Lot 2, Lake Shore Estates, 1900 Lake Drive, subject to R-1AA (Single Family Dwelling) District zoning is before Council for consideration on First Reading. Since this request is in conformance with the City's Land Use Plan and the County zoning which is RS (Residential Single Family), it is recommended that Ordi- nance No. 45-80 be passed on First Reading. Second and FINAL Reading and public hearing will be held at the meeting on September 9th. The City Manager presented Ordinance No. 45-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 2, LAKE SHORE ESTATES, AS RECORDED IN PLAT BOOK 25, PAGE 26 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL 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 adoption of Ordinance No. 45-80 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley- Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.k. The City Manager reported that it is recommended that this item be skipped over for this meeting. 8.1. The City Manager reported that Ordinance No. 47-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to removing the "non-residential" restriction in the Special Activities District is before Council for consideration on First Reading. This was discussed at the workshop meeting on August 5th. The City Manager presented Ordinance No. 47-80: 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 THE TITLE OF SECTION 30-15.1 SAD (SPECIAL ACTI- VITIES DISTRICT) TO REMOVE THE "NON-RESIDENTIAL" RESTRIC- TION AND AMENDING SECTION 30-15.1(A) TO PROVIDE THAT "THE USES, ACTIVITIES, AND CHARACTERISTICS OF THE SAD ARE TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN"; 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. 47-80 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.m. The City Manager reported that Ordinance No. 48-80, enacting a new Chapter 31 "Fire and Burglar Alarms" is before Council for con- sideration on First Reading. This was discussed at the June 17th workshop meeting. - 10 - 8/12/80 161 The City Manager presented Ordinance No. 48-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH ENACTING A NEW CHAPTER 31, "FIRE AND BURGLAR ALARMS", REQUIRING ALARM BUSINESSES AND AGENTS THEREOF TO OBTAIN PERMITS, PROVIDING THAT ALARM BUSINESSES POST A SURETY BOND, ESTABLISHING STANDARDS FOR THE SUSPENSION OR REVO- CATION OF PERMITS AND FOR THE MAINTENANCE OF ALARM SYS- TEMS, PROHIBITING ALAP~ SYSTEMS THAT WOULD USE A TELE- PHONE ATTACHMENT, PROVIDING THAT PERSONS WORKING AS ALARM AGENTS HAVE A PERMIT WITH THEM AT ALL TIMES THEY ARE SO EMPLOYED, REQUIRING THAT ALARM BUSINESSES SHALL HAVE AVAILABLE 24 HOURS A DAY AT LEAST ONE SERVICE REPRESENTA- TIVE, ESTABLISHING AN ALARM USER SERVICE FEE FOR EXCES- SIVE ALARMS AND PROHIBITING ACTIVATION OF AN ALARM SYSTEM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Phillip Campbell stated that they like the ordinance but they have come up with a few changes, copies of which he passed out to Council members. The City Attorney stated that in certain parts of the ordi- nance there are blank spaces for the particular department with which an application is to be filed; in each one of those he suggested they substitute "the City Manager or his designee". In regard to Section 6, the bond provisions, he recommended that it be eliminated from the ordinance because a bond of that type cannot be obtained; the part about the bond would also have to be eliminated from the caption. In regard to the changes by Mr. Campbell, the change in Section 10 is just a clarification and he (City Attorney) feels it is a good clarification. As to the portion about the multiple location alarms, he thought that that should be expanded; what they're really trying to get at is circum- stances beyond the control of the business; it's not.limited to these particular instances, there may be other situations such as the employee getting a flat tire on the way there. However, he thinks the expansion of 30 minutes to one hour is fine. Mr. Campbell, 1011 White Drive, stated there was no excep- tion, when he put in the suggestion about multiple alarms, to narrow it down to something that was too narrow. He was also trying to be careful that it wasn't so broad that if somebody had a business that extended over a lot of areas in the County, that person couldn't use that as an excuse for not showing up on time. He tried to expand the permission beyond an hour for unusual situations but hold it down to unusual situ- ations within the City. The City Attorney stated that Council could go ahead and adopt it changing the thirty minutes to one hour and including the last suggested addition which is a good addition and then between now and the next meeting, he and Mr. Campbell could agree on some language in terms of the justification for not responding. Mr. Campbell stated that he thinks they need to change the title also. The title requires that persons working as alarm agents have a permit with them at all times; actually the ordinance said proof of a permit. He thinks what they want is for them to have not only proof of a permit but some kind of identification card issued by the business. Mr. Bird stated that he recalls that one of the intents of this ordinance was to write an ordinance which would assist in making it difficult for a fly-by-nighter to come in, install a bad system, and then disappear and leave the owner with the problem. He doesn't see anything about that in the ordinance. Also, he doesn't feel that a permit fee of $2.00 is much of a deterrent to anybody coming in to set up a business. - 11 - 8/12/80 Mr. A1 Di Campli agreed with Mr. Bird and stated that if a job is done wrong, the customer can come to a Board that the City will have and the Board can pull the man's license. Mr. Bird noted that there was some method of protection in the County ordinance which gave them some handle requiring that the people doing the work be competent. Mr. Campbell stated that in Section 5, a portion was added stating "unless the applicant does not have a current valid occupational license and/or current competency certificate". There was mention of the fact that to do business in the County there had to be passage of some kind of test to establish competency. Mr. Di Campli added that any contractor can go to West Palm Beach, get a license, and put his son in the business who knows nothing about it. The City Attorney stated that when this was originally brought up, the purpose of the ordinance was not to be a consumer pro- tection type of ordinance as far as alarm standards. The principle problem that was raised was that there were alarms that were ringing incessantly in various areas of the City. In one of the original drafts of the ordinance, they had put in a section addressing construction standards and competency. At that time, they felt that rather than the City having the administrative burden of determining the competency of the individual, 'instead they would leave the alarm user with an incen- tive to get the alarm system corrected in the event that it wasn't functioning properly; the device for that was the penalty for excessive alarms and to leave the user to other legal remedies in the event that he feels that the job that was done originally was not done appropri- ately. Palm Beach County has a Consumer Fraud division in the State Attorney's office; they also have a Consumer Affairs office. It was for that reason this approach was not accepted. Upon question by Council members, the City Attorney stated that the permit is for a year and is a condition of doing business in the City of Delray Beach; it is not the occupational license and it costs $2.00 annually in addition to an occupational license. Mrs. Durante stated that she thinks that the occupational license fee should be referred to in the ordinance, because the way the ordinance is now, it looks like somebody can get a license for $2.00 a year. The City Attorney stated that he thinks the permit fee should be more. Mayor Weekes congratulated Mr. Campbell, Mr. Di Campli and the others who brought this matter to Council's attention. It's a good example of the industry and the citizen working together to get some- thing that everybody can live with. Upon question by Mr. Scheifley, Mr. Di Campli stated 'that he is making arrangements with the banks now, so they can contact somebody instead of calling the Police Department like they have been doing. The City Attorney, upon question by Mrs. Durante, stated in regard to the registered alarm system, because of the arrangements made with them, there is not a separate fine than for the false alarm. Mr. Di Campli added that there is a section in the ordinance that states that if an alarm business repeatedly fails to live up to its requirements to shut the alarms down, their permit will be revoked. The City Attorney outlined the changes to the ordinance; in the caption they are deleting the words "providing that alarm businesses post a surety bond"; in line 9 of the caption they're saying "agents have proof of a permit and identification"; anywhere a department is indicated, it shall read "the City Manager or his designee"; Section 6 is deleted in its entirety; and the amendments that have been passed out by Mr. Campbell to Council, dated August 11, 1980, shall be incorporated as part of the ordinance. Mrs. Durante asked when they will address the permit fee. Mayor Weekes suggested a permit fee of $5.00. Mr. Bird moved for the adoption of Ordinance No. 48-80 on First Reading, with the amendments as outlined by the City Attorney and the change in fee to $5.00, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 12 - 8/12/80 163 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on July 22nd, recommended by unanimous vote that the site and development plan for Rainberry Bay Recreation Facility be approved, subject to: 1) Director of Public Utilities memorandum of July 21st. 2) Availability of water. 3) A time limitation of one year be set for development of the project. Council may take action on the recommendation of the Planning & Zoning Board or refer to workshop. Mr. Young moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Scheifley. Said motion passed unani- mous ly. Mayor Weekes declared the meeting adjourned at 8:25 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 August 12, 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. - 13 - 8/12/80