Loading...
08-26-80 165 AUGUST 26, 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 26, 1980, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Reverend Donald Mackay, ~ason United Methodist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of August 12, 1980 and the special meeting of August 5, 1980, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mr. Bird moved that a formal budget meeting be held on September 30, 1980 to commence work on the 1981-82 budget, seconded by Mrs. Durante. Said motion passed unanimously.. 4.a.2. Mr. Bird moved that the purchase o'f ~vehicles authorized in the 1980-81 budget be held in abeyance until such time as a pool and vehicular study of the needs of the City be completed, with the excep- tion that the budget items for police vehicles be allowed to bev pur- chased at such time as deemed appropriate, seconded by Mr. Young. Said motion passed unanimously. Mrs. Durante added that Council can discuss this in more detail at the September 30th meeting. 4.b.1. Mrs. Durante stated that she regrets to have to bring up this item at this time. At a Civil Service Board meeting last week, a comment which was made by one of the members caused a considerable amount of concern in the community because of the manner in which the comment was made. A word was used in its derogatory and disrespectful form about a race of people. She has sent a letter to Council members stating her feelings about it and what she feels Council should do. The Mayor did say that he was going to ask for the resignation of that Civil Service Board member; that resignation was requested% There are some people in the audience who are here specifically to find out what has taken place. Mayor Weekes stated that the lette~ he received in response, dated. August 25, 1980, is not a resignation. The letter also says "I advised you in our telephone conversation this morning, a full statement from me is shortly forthcoming." The Mayor added that he did not have any conversation with this gentleman on August. 25th; all of his tele- phone lines were out all day. He has asked, the City Attorney's office to advise him as to what steps are necessary to have a person removed from the Civil Service Board. If the resignation is not forthcoming as requested, he will certainly bring before Council the proposition of removing the gentlema~n from the Civil Service Board. His continued service on the Board is inappropriate, in spite of his apology. To continue to have him on the Board would have a great detriment to the credibility of the Civil Service Board. Mr. Bird suggested that they be prepared to immediately instate a new alternate member to that Board. Mr. Anthony Newbold, Roots Festival, Inc., asked that Council take some action to eliminate this type of prejudicial statement or persons responsible from the City Government, whether it be an elected or appointed City body. 4.c.1. Mr. Scheifley discussed a billboard that was constructed on Federal Highway about 3 years ago when he was Mayor; it was in a County pocket and the City had no jurisdiction of it. In April of 1978, Mayor Weekes took over and successfully had the billboard eliminated. A large billboard was recently constructed at the entrance to Miller Park; it's in a County pocket. The trustee is John H. Payne, 1028 N.E. 45 St., Fort Lauderdale; the sign company is the Beal Company. The billboard is not ~yet rented and he feels action should be taken immediately. Mr. Scheifley moved that any action taken by any City offi- cial or the Mayor be at the direction and with the approval of the City Council in their official capacity. The motion died for lack of a second. Further discussion was had by Council and the City Attorney in regard to the wording of the motion. The City Manager stated that, as he understands it, Mr. Scheifley would like to get a motion passed by Council that would prevent a personal lawsuit being filed against indi- viduals of the City. Mr. Bird moved that Council direct the Mayor to communicate to the owner of the billboard, located on the east side of the access road to Miller Park, the City Council's and the citizens' displeasure with billboards in the City and see if the owner would be amenable to removing it, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Bird moved that Council prepare a resolution to be for- warded to the County Commission requesting that they amend their ordi- nance so as not to allow billboards within the general described limits of the City of Delray Beach in the future, seconded by Mrs. Durante. Said motion passed unanimously. 5. There were no public requests from the floor. 6.a.1. The City Manager stated that this item concerns the proposed development at the Seacrest Hotel site at A1A and East Atlantic Avenue. Last week Council requested the Administration to secure proposals from consulting firms that would assist Council in deciding upon the approval of the Seacrest development. The Administration did the best it could, in the time available, in securing quotations; they did secure proposals from five consulting firms: (1) Wallace, Roberts & Todd, $6,000 - 12,000; (2) Moss, Fleming & Epple, no figure quoted; (3) Gee & Jensen, '$10,000; (4) Mid South Engineering Co., under $2,000;.and (5) Kimley, Horn & Associates, no figure quoted. He has no recommendation to make to Council at this time because the information is insufficient. What they want the firm to do is probably not defined specifically enough in order for them to all be quoting on the same basis. He has two sugges- tions; for Council to further define what they want and then let him come back to Council with a recommendation if the figure quoted comes within the allowable limit under the Competitive Negotiations Act; or have some dialogue with representatives of the firms that are here tonight. It was the consensus of Council to discuss this item at the workshop meeting next Tuesday night. The City Manager added that he feels that at the workshop meeting, the City should determine what type of study they want and what they want included. Then they can go back to the consultants and get meaningful proposals. Mayor Weekes suggested that they limit any future consi, deration to the firms which have already shown an interest. 6.b. The City Manager reported that Representative Jim Watt cou] not be here this evening. He will make his presentation at the next regular Council meeting. 6.c. Mayor Weekes reported that he has two City Service Awards to present. Dr. Warren Nubern has moved from the area and is not here this evening. He will present the Award to him at half-time in conjunction with a program being prepared by Atlantic High School on September 12th. Mayor Weekes stated that Mr. Jake Pullum has been a member of the Board of Adustment from August 1979 to June 1980 in addition to which Mr. Pul lum has been a very concerned and interested citizen of the City. Mr. Pullum came forward to accept the City Service Award. Mayor Weekes reported that the Chamber of Commerce and Atlantic High School wanted to do something to recognize Dr. Nubern's service to the high school, to the Chamber and to the City. They asked if the Cities of Delray Beach and Boynton Beach would participate in such recognition. Boynton Beach will have a resolution prepared. He asks that this Council pass Resolution No. 73-80. - 2 - 8/26/80 1§? The City Manager presented Resolution No. 73-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING DR. WARREN NUBERN FOR HIS OUTSTANDING SERVICE AS A PAST CHAIRMAN AND AS A MEMBER OF THE DELRAY BEACtt HOUSING AUTHORITY AND FOR HIS OUTSTANDING SERVICE TO THE COM~K3NITY. (Copy of Resolution No. 73-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 73-80, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley -Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.d. The City Manager reported that as discussed at the workshop meeting on August 19th, Council is to consider formalizing authorization for the administration and the City Attorney to settle general liability claims of $5,000 or less. Mr. Bird moved to authorize the increase in the claim limit- ation from its present level to $5,000 for ge~.eral liability claims against the City, seconded by Mrs. Durante. Said motion passed unani- mously. 6.e. The City Manager reported that as discussed at the ~workshop meeting on August 19th, Council is to consider the appointment of alter- nate member G. Robert Fellows as a regular member of PERC to the unexpired term of Dr. John Miklos ending March 13, 1984. Mrs. Durante moved that Mr. G. Robert Fellows be appointed as a regular member of PERC to the unexpired term of Dr. Miklos ending March 13, 1984, seconded by Mr. Bird. Said motion passed unanimously. 6.f. The City Manager reported that as discussed at the August 19th workshop meeting, Council is to consider the reappointment of Michael Christensen and George Armas as regular members of the Community Appearance Board to two-year terms ending August 25, 1982 and the reap- pointment of Don MacLaren as an alternate member to a two-year term ending August 25, 1982. Mr. Bird moved to reappoint Michael Christensen and George Armas as regular members of the Community Appearance Board to two-year terms ending August 25, 1982 and reappoint Don MacLaren as an alternate member to a two-year term also ending August 25, 1982, seconded by Mr. Young. Said motion passed unanimously. 6.g. The City Manager reported that the City is in receipt of a letter from John J. Green, Executive Director, Palm Beach County Depart- ment of Housing and Community Development asking whether the City of Delray Beach wishes to be excluded from the Urban County Community Development Program for fiscal year 1981. It is recommended that Coun- cil pass a motion indicating its desire to not be excluded from the program but that we continue with the program as in the past since inception of the Community Development Program. Mrs. Durante moved that the City of Delray Beach continue with the County in their Community Development Program for fiscal year 1981, seconded by Mr. Bird. Said motion passed unanimously. 7.a. Mayor Weekes acknowledged the minutes of the Beautification Committee meeting of August 8, 1980 and noted that there is an item for Council attention which relates to the injecting of the palm trees for lethal yellowing and the cessation of that program by the Parks and Recreation Department. Mr. Scheifley moved that the City discontinue the injection for the lethal yellowing because of the cost and because of their in- evitable demise, seconded by Mr. Bird. Said motion passed unanimously. - 3 - 8/26/80 Mr. Bird suggested that if there are any funds left, they use them for additional underplanting. 8.a. The City Manager reported that the following quotations have been received for the purchase and installation of a sprinkler system at the 32 accessways to the public beach: Bidder Quotation Kent Ewing Enterprises, Inc. $5,440.00 Boynton Beach Rohrbaugh Sprinkler Service 5,450.00 Delray Beach It is recommended that the contract be awarded to the low bidder, Kent Ewing Enterprises, Inc. in the amount of $5,440.00, however, a second resolution has been prepared. The low bidder is located in Boynton Beach and the other bidder is located in Delray Beach. For a $10.00 difference, Council may consider awarding the contract to the Delra¥ Beach party rather than an out-of-town party by passage of Resolution No. 71-80 with funding to come from the Beach Restoration Fund. The City Manager presented Resolution No. 71-8~: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AWARDING A CONTRACT FOR THE PURCHASE AND INSTALLATION OF A SPRINKLER SYSTEM AT THE THIRTY-TWO (32) ACCESSWAYS TO THE PUBLIC BEACH. (Copy of Resolution No. 71-80 is on file in the official Resolution Book ) Mr. Bird moved that the contract be awarded to Rohrbaugh Sprinkler Service in the amount of $5,450.00 by passage of Resolution No. 71-80, 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.b. The City Manager reported that Resolution No. 72-80 author- izing the award of a contract to Brabham, Kuhns & Debay Consulting Engineering Firm to provide necessary contract documents for bid and construction of a lighting system for Robert P. Miller Park in t,he amount of $3,990.00 is before Council for consideration. Funds will come from the 1980 General Obligation Bond Issue. Approval is recom- mended. The. City Manager presented Resolution No. 72-80: A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT TO PROVIDE NECESSARY CONTRACT DOCUMENTS FOR BID AND CON- STRUCTION OF A LIGHTING SYSTEM FOR A MULTI-PURPOSE OUTDOOR RECREATIONAL FACILITY AT ROBERT P. MILLER PARK, LOCATED AT 1905 SOUTHWEST FOURTH AVENUE, DELRAY BEACH, FLORIDA. (Copy of Resolution No. 72-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 72-80, 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. - 4 - 8/26/80 8.c. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the August 12th meeting. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 27-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SEC- TION 30-20 (E)(2)(a) AND (b) PERMITTED PARKING FOR BOATS, BOAT TRAILERS, AND RECREATION VEHICLES TO ALLOW ONE BOAT, ONE BOAT TRAILER, AND ONE RECREATION VEHICLE ON A PARCEL OF LAND; PROVIDING FOR EFFECTIVE SCREENING AGAINST DIRECT VIEW FROM ABUTTING PROPERTIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 27-80 is on file in the official Ordinance Book) i... The City Manager read the caption ~f 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. 27-80 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. 8.d. The City Manager reported that Ordinance No. 39-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will annex a parcel of land located north of Atlantic Avenue, between Barwick Road and Almar Boulevard if extended south, subject to R-1AA (Single Family Dwelling) District. 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. 39-80: 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 13, TOWNSHIP 46 SOUTH, RANGE 42 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. (Copy of Ordinance No. 39-80 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. Danny O'Brien, representing the present owners of the prop- erty, stated that in November 1979 a contract for purchase was entered into. Mr. McMurray, the previous owner, had not advised the present owners of the annexation ordinance on First Reading. They are asking for a postponement of at least 30 days on any action on this ordinance. - 5 - 8/26/80 179 The City Attorney stated that if they postpone, it would be necessary to readvertise. He added that they do have a recorded annex- ation agreement. Mr. O'Brien's clients closed about a month ago so they would have notice if they searched the title. The City has received permission from the County to bring it in at the R-1AA density; if it's postponed it may be that the owner will want to go to the County and try and have that approval revoked. Upon question by Mayor Weekes, the City Attorney stated that it is an enforceable agreement. Mr. O'Brien stated that his clients are not against the annexation but they would like the chance to sit down and discuss the options with the City Planner and City Attorney. The City Attorney advised Council that if this property owner now decides he doesn't want to come into the City, Council must decide whether they want to go ahead and proceed with the agreement despite that or whether they would rather release the agreement and not provide water service. The public hearing was closed. Mr. Young moved for the adoption of Ordinance No. 39-80 on Second and FINAL 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. B'efore roll call, upon question by Mr. Scheifley, ~he City Attorney stated that the agreement that Mr. Mc Murray signed provided the purchaser of the propertY with constructive notice and the agreement was properly recorded. At this point the roll was called to the motion. 8.e. The City Manager reported that Ordinance No. 41-80 relative to annexing a parcel of land located at the northeast corner of Seacrest Boulevard and Seacrest Lane, 201 Seacrest Lane, subject ~to R-1AA (Single Family Dwelling) District 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. 41-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 1, SEACREST SUBDIVISION, A SUBDIVISION OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTH- WEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 23, PAGE 3, IN THE OFFICE OF THE CLERK OF THE CIR- CUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, 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. (Copy of Ordinance No. 41-80 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. 41-80 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. - 6 - 8/26/80 171 8.f. The City Manager reported that Ordinance No. 44-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to providing for paving permit fees. This ordi- nance was passed on First Reading at the August 12th 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. 44-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 APPEN- DIX "K" RECOMMENDED SCHEDULE OF PERMIT FEES; PROVIDING FOR PAVING PERMIT FEES; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 44-80 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 adyertised 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. 44-80 '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. 8.9. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the August 12th 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. 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. (Copy of Ordinance No. 47-80 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. 47-80 on Second and FINAL 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. - 7 - 8/26/80 8.h. The City Manager reported that Ordinance No. 48-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will enact a new Chapter 31 "Fire and Burglar Alarms". This ordinance was passed on First Reading at the August 12th 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. 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, ESTABLISHING STANDARDS FOR THE SUSPENSION OR REVOCATION OF PERMITS AND FOR THE MAINTENANCE OF ALARM SYSTEMS, PROHIBITING ALARM SYSTEMS THAT WOULD USE A TELE- PHONE ATTACHMENT, PROVIDING THAT PERSONS WORKING AS ALARM AGENTS HAVE PROOF OF A PERMIT AND IDENTIFICATION WITH THEM AT ALL TIMES THEY ARE SO EMPLOYED, REQUIRING THAT ALARM BUSINESSES SHALL HAVE AVAILABLE 24 HOURS A DAY AT LEAST ONE SERVICE REPRESENTATIVE, OR FOR ALARM SYSTEMS HAUING OPERATIONAL AUTOMATIC CUT-OFF OR RESET FEATURE, ESTAB- LISHING AN ALARM USER SERVICE FEE FOR EXCESSIVE ALARMS AND PROHIBITING ACTIVATION OF AN ALARM SYSTEM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 48-80 is on file in the official Ordinance Book ) The City Manager read the caption of the ordinance. The City Attorney reported that this ordinance incorporates all the amendments they discussed at the last meeting. In Section 10 they previously discussed an exception in terms of the service response. They made the time one hour instead of thirty minutes and then they were considering an exception so that if because of climactic conditions an alarm company could not arrive on the scene, then that would be an exemption. After giving that further consideration, they 'decided to leave the ordinance with a flat one-hour response time. That is how the ordinance is prepared. 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. 48-80 6n 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. 8.i. The City Manager reported that Ordinance No. 49-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to adding perfume_ processing shops as a permitted use is before Council for c~nsideration on Second and FINAL Reading. This ordinance was passed on First Readin at the August 12th 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. 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. - 8 - 8/2 6/80 (Copy of Ordinance No. 49-80 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. 49-80 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. Mayor Weekes stated that with regard to the lot size re- quirement in the MI District which is 20,000 square feet, they have two instances where people have attempted to utilize lots that are less than 20,000 square feet. He suggested that they consider some adjustment to that size requirement in the MI District. It was the conSensus of Council to have the Planning and Zoning Board take a look at this. 8.j. The City Manager reported that Ord, inance No. 46-80, amending Chapter 30 "Zoning" of' the Code of Ordinances relative to construction progress inspection alternative is before Council for consideration on First Reading. This ordinance was skipped over at the August 12th meeting. The City Manager presented Ordinance No. 46-80: 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 REPEALING SECTION 30-18(B)(4)(c) AND ENACTING A NEW SECTION 30-18(B)(4)(c) PROVIDING THAT INSPECTIONS SHALL BE PERFORMED BY THE CITY ENGINEERING DEPARTMENT; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 46-80 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.k. The City Manager reported that Ordinance No. 50-80, amending Chapter 15 "Licenses" of the Code of Ordinances relative to raising the occupational license fees, as discussed at budget workshop is before Council for consideration on First Readi~ng. The City Manager presented Ordinance No. 50-80:, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15 "LICENSES" OF THE CODE OF ORDINANCES BY REPEALING SECTIONS 15-11 AND 15-12 AND ENACTING NEW SECTIONS 15-11 AND 15-12 TO RAISE THE OCCUPATIONAL LICENSE FEES TO THE MAXIMUM PERMITTED UNDER FLORIDA STATUTES 205.043; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Attorney advised Council of the revision on the first page in one of the ~ereas clauses and a revision to the last page making the effective date October 1, 1980. - 9- 8/26/80 Mr. Bird moved for adoption of Ordinance No. 50-80 on First Reading as amended by the City Attorney, 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 mo- tion passed with a 5 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting 'held on August 18th, recommended by unanimous vote that the final plat for Palms of Delray (Tract B), located east of Jaeger Drive, between Dotterel Road and Curlew Drive be approved, subject to: 1) City Engineer's memorandum of July 30th. 2) Director of Public Utilities memorandum of July 17th. 3) Availability of water. Mr. Bird moved to sustain the recommendation of the Plannin~ and Zoning Board subject to the remarks of the Engineering Department, the Planning Director and the availability of water, seconded by Mrs. Durante. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:25 P.M. " ~ City Clerk ATTEST: MAY 0 R 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 26, 1980, which_minutes were formally approved and adopted by the City Council on ~ ~ /9 ~ ".-T' ' / ' 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. - - 10 - 8/26/80