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09-09-80 175 SEPTEMBER 9, 1980 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, September 9, 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 Daniel R. Hettinger, First Alliance 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 26, 1980, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird congratulated all of the people who took the time to go to the polls today. ~... 4.b.1. Mrs. Durante discussed the situation concerning the Civil Service Board member and the comment that was made. She stated that she talked with the City Attorney today regarding what action Council can take to remove this person from the Board, and the City Attorney has assured her that they will discuss this at their next workshop meeting. Several people are in the audience tonight in regard to this item. Mayor Weekes stated that, as a result of this unfortunate incident, it has come to the attention of Council that they have no provisions in their ordinances which gives them the right to remove a person from an appointed Board. The issue has never arisen before; however, this is an oversight that has to be corrected. He intends to ask the City Attorney to prepare an ordinance to this effect. The City Attorney stated that after he spoke with Mrs. Durante today, he had conversation with the Florida League Council. If it is Council's desire to have this item on the next workshop agenda, he will advise Council, at that time, as to which procedure would be the preferred way to go. ' It was the consensus of Council to have this item on the next workshop agenda. 4.c.1. Mayor Weekes reported that Mr. Sanson, Chairman of the Beautification Committee, sent him a copy of a pamphlet which that committee has prepared for distribution to visitors and residents; the pamphlet outlines and locates the various recreational facilities in this community and the surrounding areas. He is appreciative of their efforts and publicly thanked Mr. Sanson, the Beautification Committee and particularly Bill Worth, Nancy Chapman and Karen Sawchuck for the work they put into this. He asked the City Clerk to send Mr. Sanson and the Beautification Committee a copy of the minutes as it relates to this. 4.c.2. Mayor Weekes reported that he has a letter from Mr. George Stacy, Palm Square, in regard to the ordinance which provides that a person utilizing property in a commercial zone may take abutting resi- dential property and convert it to parking. Mr. Stacy is afraid of a domino effect which might ensue from that and he asked that Council take a look at this to see if there is something they can do to preclude that possibility. It was the consensus of Council to refer this item to the Planning & Zoning Board for study and recommendation. 5.a. Mr. Mike Brody spoke about ingress and egress around Carver Estates. This was brought before Council last spring, at which time they decided to extend 10th Avenue through the adjoining lot. He asked fthis was included in the budget. The City Manager replied that he as informed Mr. Brody that the Administration and the Housing Authority will need to get together and talk about this. He added that last spring when they discussed this, it was agreed that consideration would be given to including it in the future budget. It was not included in the budget, however, it will be possible to construct the street should Council decide to do so at some future date. 5.b. Mr. Ron Sanson, 739 Bluebird Drive, asked about lot clearing in the community. He stated that he spoke to a female City employee in the Parks Department who assured him that the lots in his neighborhood would be cleared within 30 days; it has been 45 days and nothing has been done. The City Manager replied that up until recently, the City did the lot mowing for free. A few years ago that procedure was changed, so now they do not have as tight a handle on it as they did before. The employee that Mr. Sanson mentioned was probably the female employee that is now in charge of that program; she was recently hospitalized for some time which accounts for the delay in her scheduling. He will have someone get in touch with Mr. Sanson when he finds out more details on this. 5.c. Mr. Tony Newbold, Roots Cultural Committee, expressed his pleasure with the position that Council has taken in regard to the item Mrs. Durante brought up earlier in the meeting. He and the Committee are willing to work with the City, in whatever endeavors the City seeks, to ensure that this unfortunate circumstance is remedied. They are in support of the City's move and hope that this move will be taken as quickly as possible. The Mayor replied that it shall be. 6.a.1. The City Manager noted that Council recently took action which permits the City to have the option of either offering City owned property for sale by sealed bids or by auction; if it is decided to offer property for sale by auction, Council must decide whether to do it by City forces or to employ a professional auctioneer. They have used Jim Graham in the past for the sale of boats and such. The City pre- sently has three properties that Council has authorized be submitted to sale. They are ready to advertise, but they should determine which option the City wishes to follow before submitting the advertisements to the newspapers. If they should decide to hire Jim Graham to do the auctioneering, his fee would be 5% plus expenses. Mayor Weekes recommended that they have an auction and that they employ Mr. Graham's services. Mr. Graham has done a good job for the City in the past and the 5% fee is considerably below the standard commission for that type of work. The other members of Council con- curred with the Mayor's recommendation. ~ Mr. Bird moved that the City dispose of the property through public auction, seconded by Mrs. Durante. Said motion passed unani- mous ly. The City Attorney advised that the appraisals of the prop- erty should be in hand at the time City Council makes the decision to sell the property. Mr. Bird moved to authorize the Administration to obtain appraisals on the property, seconded by Mr. Young. Said motion passed unanimously. 6.a.2. The City Manager stated, in regard to the proposed parking meter program, that it will be necessary to secure bids at the earliest possible date in order to get the meters in place so that they have a reasonable chance of coming close to obtaining the net revenue during the coming year that they have provided in the new budget. One question which needs resolving is how many parking meters they will need and whether they should have meters all over or whether they should use gates in the park areas. The Administration is of the opinion that they should go with meters and not use gates at the parks; about 600 meters would be needed. Mr. Young stated that he would prefer the meters to the gates and he approves the recommendation of the Administration to go ahead and obtain bids on the meters for both the streets and the parking areas. Mrs. Durante stated that she doesn't feel ready to act on this tonight. - 2 - 9/9/80 177 Mr. Young moved that the City install meters and not gates and that the Administration be authorized to take bids on meters, se- conded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- No; Mr. Scheifley- Yes; Mr. Young- Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. 6.a.3. The City Manager reported that this item is in regard to the selection of engineers for the City's consultants to design the new water storage tank to be installed in the western part of the City. Following the Competitive Negotiations Act, the City is now at the point where they have secured submissions by 25 engineering firms that are interested in this project. Council may now make a determination as to how they will proceed from this point and he recommends they have it on the next workshop agenda. The options available are: (1) invite the 25 firms in to be interviewed by Council or (2) have the Administration provide a certified list to Council certifying those that are qualified to do the work. The Administration feels that all 25 firms are quali- fied; they can provide Council with a short list for consideration. They are required by law to interview and consider a minimum of three firms. Mr. Young recommended that the Administration create a short list and have the people on that list appear before Council. He would like to see the list limited to no more than f~ve, preferably three. Mr. Scheifley suggested-that the Administration take the twenty-five firms and come back with a list of three; then have a 5 minute pre- sentation by those three firms. The City Attorney advised that the procedure is already authorized under the ordinance and the Administration is to certify to City Council all those firms that are qualified, which would be the entire list. As part of that recommendation, the Administration may recommend~that Council interview three firms. The City Manager replied that they are not in a position to name the three firms at this time; however, in order to save time, he would like Council to act tonight to determine the number of firms he should invite to appear. The City Attorney stated that he doesn't think that this is appropriate until there is an actual recommendation from the Admini- stration specifying which firms they would like to recommend to be interviewed.· Under the ordinance, Council must be the one to make the decision which of the firms of the qualified list they will interview. The City Manager stated that since that is the case,~they can't save any time tonight. It was the consensus of Council that the Administration furnish Council with a certified list of qualified firms and a list of three firms that they suggest Council interview; that if any member of Council, having gotten that list, wants to add someone, that's the prerogative of that Council member; and that the City Manager will get the list to Council next Tuesday night. 6.a.4. The City Manager reported that the budget for the SCRWTD Board was adopted by that Board by adoption of Resolution No. 7-80. It is before Council for ratification and consideration. Mr. Bird moved to ratify the action taken by the SCRWTD Board on Resolution No. 7-80, seconded by Mr. Young. Said motion passed unanimously. 6.b. State Representative Jim Watt passed out copies of his legislative report to Council members and then made a presentation. Mr. Watt discussed what has been and is being done in regard to the following: funding for education; anti-drug legislation; the drinking age; and the government energy program. In regard to legislation that more directly applies to municipalities he discussed the following: the TRIM Bill; Code Enforcement Boards; bonds; and group home facilities. Mr. Scheifley stated that he's been in Tallahassee and watched Mr. Watt operate; he feels that of all the Palm Beach County delegation, Mr. Watt is the most sympathetic and understanding in regard to the City's problem of annexing the County pockets. - 3 - 9/9/80 17S Mayor Weekes thanked Mr. Watt for his presentation and stated that they appreciate his support and availability. Mr. Watt passed out copies of his report to the audience. 6.c. The City Manager reported that Council is to hold a public hearing on the 1980-81 budget in order to conform with the City Charter requirements. Before the public hearing, the City Manager outlined the amounts appropriated to the various funds and the changes to be made to the budget as a result of the workshop sessions (as shown in a document which was provided to Council members). 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. Frank. Ellis, 649 Jaeger Drive, stated that the questions he was planning to ask were covered by the City Manager's presentation and he thanked Council and the City Manager. Upon request, the Mayor stated that he would provide Mr. Ellis with a copy of the document aft'er the hearing is closed. Ron Sanson, 739 Bluebird Drive, discussed several problems that he has with the budget. He objected to the lowering of the recom- mended millage rate and the increasing of fees. He spoke in opposition of the recommended 10% cost of living increases to be given to City employees, and noted that merit increases, longevity bonuses, reclassi- fications and promotions also take place among City employees during the course of a year. He also spoke in regard to surplus, such as 9acancies in the Police Department and confiscation of goods; he doesn't under- stand where this surplus money goes. He strongly objected to the in- crease in tennis fees and garbage and trash pickup fees. He would like to see Council, in terms of an expenditure, consider doing something to make a realistic, meaningful position for Code enforcement in the City; he suggested having one full-time employee that goes around the City and looks for people who are violating the ordinances, cites them and fol- lows it up with the force of arrest. Alice Finst, 707 Place Tavant, noted that she didn't see anything in the budget about bicycle paths and the City Manager replied that it isn't there. She suggested having the projected revenue at the top of each budget page and Mayor Weekes advised Mrs. Finst that Council is going to have a workshop on exactly that issue. Mrs. Finst referred to three roads; the road from Carver Park Estates; the Sudan Bridge road and the road from the Golf Course and stated she was under the impres- sion those roads were to be considered. The City Manager said that those roads are not in the budget. Upon further question, he added that maintenance of existing bike paths would be in the Street budget. Mrs. Finst noted that the Lake Ida bike path was not in the budget and the City Manager stated that it is not included in the budget due to engi- neering problems and costs. She questioned the dog catcher program; the City Manager replied that the money is back in for next year. She aSked about funds for park acquisition. The Mayor stated he intends to take the money from the sale of the real property and, if Council agrees, set_ it aside and use it for future park sites. The public hearing was closed. 6.d. The City Manager reported that, as required by federal law, he held a public hearing on June 2, 1980 with regard to the proposed ex- penditure of federal revenue sharing funds for fiscal year 1980-81. He sent a copy of the minutes of that meeting to Council along with a note at the top of the page which indicates the items that were suggested at the public hearing. He also sent along information with regard to the history of federal revenue sharing allocations during the period from September 30, 1973 through September 30, 1980. The estimated amount that they will receive from this source during the coming year is $340,210.00. He sent a summary from the budget of the federal revenue sharing recommended appropriations for the workshop which was $337,110.00 and on top of that he put a summary of the revised figures after workshop, showing a total of $340,210.00. Several changes were made that show on that summary page, all in line with discussions that were had at workshop. So Council is to hold a public hearing on the allocation of federal revenue sharing funds as it stands now at $340,210.00. - 4 - 9/9/80 17§ 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 Mayor read the proposed federal revenue sharing budget and then stated that this money is for capital improvements; none of it is for salaries. Tore Wallin asked if the money for the Police Department is for vehicles. Mayor Weekes replied that it is for vehicles or other equipment but not salaries. The public hearing was closed. Mrs. Durante noted that under the Parks Division there are nine galvanized iron gates and asked what they are for. The Admini- stration indicated that they are to try to prevent vandalism. She asked why the gates are left open all the time; such as the one at Pompey Park. The City Manager said they would check into that. 6.e. The City Manager replied that as discussed at the September 2nd workshop meeting, Council is to consider the reappointment of Frank Carey as a member of the Planning & Zoning Board to a three-year term ending September 28, 1983 and the appointments~0f Alexander Simon and Doak Campbell to three-year terms ending September 28, 1983. Mr. Bird moved to reappoint Frank Carey as a member of the Planning & Zoning Board to a three-year term ending September 28, 1983 and appoint Alexander Simon and Doak Campbell to three-year terms ending September 28, 1983, seconded by Mr. Young. Said motion passed unani- mously. 6.~. The City Manager reported it is recommended that Council approve retention of nine items from the Randy VI yacht, said items to be used by the Police Department. A list of the items has been provided to Council. Upon question by Mr. Bird, the City Manager replied that if there are items on the list that cannot be used to advantage by the Police Department, they would be disposed of at auction or otherwise. However, these are all non-marine items; marine items were not supposed to be removed from the vessel. Mr. Bird questioned the wisdom of stripping the boat and noted that they are talking about an expensive boat. Mr. Young echoed Mr. Bird's statements. Further discussion was had by Council as'to which items should be retained. Mr. Bird moved to approve the removal of items Nos. 4, 5, 6 and 7 from the Randy VI and the other items shall remain installed, seconded by Mr. Young. Said motion passed unanimously. 6.g. The City Manager reported that pursuant to agreement with the County, it is recommended that Council authorize payment of the City's share, in the amount of $27,588.41, for the construction of the Davis Road Bridge. The'1979-80 budget provides $20,000 to pay the City's share of the cost of the bridge. It is recommended that $7,590 be transferred from the General Fund Contingency Account to make up the difference that is needed for payment of the City's share. Mrs. Durante moved to authorize the transfer of $7,590.00 from the General Fund Contingency Account to be used for this purpose, seconded by Mr. Bird. Said motion passed unanimously. 6.h. The City Manager reported that pursuant to various actions taken over a period of several months with regard to selection of an architect for design of a fire station to be located at the intersection of Lake Ida Road and Barwick Road, it is recommended that Council approve retaining Richard Hanna as the architect. Mrs. Durante moved for the approval of the contract with Mr. Hanna, architect, for the design of the fire station at Barwick and Lake Ida Roads, seconded by Mr. Bird. Said motion passed unanimously. - 5 - 9/9/80 6.i. The City Manager reported that the South Central Regional Wastewater Treatment & Disposal Board at its meeting on August 25th, voted to adopt SCRWTD Board Resolution No. 6-80 relative to wholesale sewage user charges. In accordance with the requirements of the Inter- local Agreement, approving action should be considered by Council. A copy of SCRWTD Board Resolution No. 6-80 has been furnished to Council membe rs. Mr. Scheifley moved to approve the action of the SCRWTD Board, seconded by Mr. Young. Said motion passed unanimously. 7.a. The City Manager reported that a communication has been re- ceived from Amara Shrine Temple A.A.O.N.M.S. requesting permission to solicit funds from November 6th through November 16, 1980, approval of which is recommended by the Solicitations Committee Mr. Bird moved to authorize the Amara Shrine Temple A.A.O.N. M.S. to solicit funds from November 6th through November 16, 1980, se- conded by Mr. Young. Said motion passed unanimously. 7.b. The City Manager reported that a communication has been re- ceived from the Area Planning Board dated August 28th requesting A-95 Clearinghouse review and comment relative to Metropolitan Planning Organization of Palm Beach County Transportation Improvement Plan (Amended) for 1981-85. The amended Municipal, County, State and Inter- state transportation projects planned for 1981-85 are shown on a sheet which has been provided to Council. A letter dated August 29th from the City Manager to APB states that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disapproval. Copies of all material relative to the application have been furnished to Council. Mrs. Durante moved that they 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 a letter from the Mitchell Company, builders of the proposed Federal Plaza Shopping Center, located on the northwest corner of Atlantic Avenue and Military Trail requesting water and sewer service for Phase II (21 acres.) Approval is recommended with the proviso that service would not be available until the Water Treatment Plant expansi6n is completed or there is sufficient excess water available in the judgment of the Utili- ties Director to provide water at an earlier date. ~'This was discussed at the workshop meeting on September 2nd. He added that they no~ have a few million gallons excess availability of water due to the revamping of the filters over a period of time. Mr. Bird asked if it is within the capability of the plant with the expansion to provide that water service west of Military Trail and all the water to the citizens within the corporate limits of the City. Will the granting of this authority and similar ones force the _ City into a position where they will have to expand that plant again. The City Manager responded that when they discussed this at workshop, his answer was yes, the expansion of the plant would provide the water service that Mr. Bird just described; however, he will go back and recheck the validity of his answer and prepare a memo. Mr. Bird moved to approve this water service under the provision that the City Manager's investigation reveals that it can be done within the capacity of the plant without jeopardizing the citizens' water supply or requiring an additional plant expansion. Said motion died for lack of a second. Mayor Weekes stated that when that plant was designed, it was designed to include what was, at that point, the City's reserve area which they intended to annex. Since they have cut that out and don't intend to annex it, he thinks that they will have sufficient capacity to take care of it. - 6 - 9/9/80 181 Mr. Bird moved to approve the granting of this water to the Federal Plaza Shopping Center providing that service not be available until the water plant expansion is completed or there is sufficient excess water available in the judgment of the Utilities Director to pro- vide water at an earlier date, and under the proviso that the granting of such water rights to this area outside the City shall not jeopardize water availability to the citizens within that area east of Military Trail nor require that eventually additional capacity must be built to the plant, and with the provision that the City Manager's investigation certifies that this approval will not constitute a problem, seconded by Mr. Young. Said motion passed unanimously. 7.d. The City Manager reported that a request has been received for the City to construct pavement and a subsurface drainage system to serve the unpaved portion of the block between N.E. 3rd Avenue and the F.E.C. railroad tracks, extending 430 feet north from N.E. 3rd Street, with said improvement to be financed by special assessment. The esti- mated project cost is $16,000, which is $19.10 per front foot. The owners of 65% of the affected property have indicated they favor the improvement, however, some of them have preliminarily attached condi- tions to their approval. It is recommended that Council authorize proceeding with special assessment procedures, which will entail a public hearing at a future date, at which time.the wishes of the af- fected owners can be conclusively determined...'_i' Mrs. Durante moved that Council authorize the Administration to proceed with the special assessment procedures for paving and sub- surface drainage on this project, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, Mayor Weekes stated that he has been con- tacted by several owners of the abutting property expressing strong feelings against the special assessment process; he expects that they will hear from them in public before this is adopted. At this point the roll was called to the motion. 8.a. The City Manager reported that Resolution No. 74-80 re- questing Palm Beach County to amend their ordinances to prohibit bill- boards in the County pockets is before Council for consideration. The City Manager presented Resolution No. 74-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COM- MISSIONERS OF PALM BEACH COUNTY AMEND ITS SIGN ORDINANCE OR ZONING CODE SO AS TO ELIMINATE THE PROVISIONS THAT ALLOW BILLBOARDS IN THE CITY'S RESERVE ANNEXATION AREA EAST OF MILITARY TRAIL AND THEREBY BE CONSISTENT WITH THE PROVISIONS RELATING TO BILLBOARDS IN THE DELRAY BEACH SIGN ORDINANCE; PROVIDING FOR THE CITY C~ERK TO FURNISH COPIES OF THIS RESOLUTION TO EACH MEMBER OF THE BOARD OF COUNTY COMMISSIONERS AND TO THE COUNTY ADMINISTRATOR OF PALM BEACH COUNTY. (Copy of Resolution No. 74-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 74-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported that Resolution No. 75-80 request- ing that the Delray Beach Post Office institute express mail service is before Council for consideration. - 7 - 9/9/80 The City Manager presented Resolution No. 75-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT AN EXPRESS MAIL SERVICE FACILITY BE ESTABLISHED AT THE DELRAY BEACH POST OFFICE; AUTHORIZING AND DIRECTING THE CITY CLERK TO FURNISH COPIES OF THIS RESOLUTION TO THE U.S. POSTAL SERVICE, THE POSTMASTER OF THE DELRAY BEACH POST OFFICE AND ALL OTHER APPROPRIATE PUBLIC OFFICIALS AND AGENCIES. (Copy of Resolution No. 75-80 is on file in the official Resolution Book) Mayor Weekes noted that two more cities in Palm Beach County__ got this passed. The City Manager explained that if our Post Office institutes this, you can take mail into the Post Office by 5:00 P.M. today and they will guarantee delivery to wherever it goes by 3:00 P.M. the next day; within 24 hours. Mrs. Durante complimented the Delray Beach Post Office on its excellent postal service. Mr. Young moved for the adoption of Resolution No. 75-80, 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. 8.c. 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 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 Read- ing, a public hearing has been scheduled to be held at this time. 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. (Copy of Ordinance No. 45-80 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. 45-80 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. 46-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to construction progress inspection alternative. This ordi- nance was passed on First Reading at the August 26th meeting. - 8 - 9/9/80 183 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. (Copy of Ordinance No. 46-80 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. 46-80 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. ~i~. 8.e. 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 is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 26th 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. 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; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 50-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Frank Ellis asked whether this amendment, if approved, is reflected in the budget. Mayor Weekes replied, yes. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 50-80 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. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on August 18th, recommended by unanimous vote that the annexation, conditional use and site and development plan for the Pro- fessional Office Plaza for Acquilano, located on the west side of U.S. No. 1 between Linton Boulevard and S.E. 10th Street be denied for the following reasons: - 9 - 9/9/80 1) Approval of this commercial project would cause a domino effect resulting in the surrounding property being flipped into a commercial category (i.e., the property to the north and to the west along S.E. 10th Street would be influenced by such commercial develop- ment ) . 2)The granting of this application would further the strip commercial areas of the City. 3) The proposal lacks general compatibility with other properties in the area (i.e., south of the subject property is a mobile home court, west is residential, north is vacant, and east is a park and proposed mul- _ tiple family development). This was discussed at the September 2nd workshop meeting. Mr. Bird moved that Council annex and approve conditional use and site and development plan for the Professional Office Building for Acquilano subject to the conditions set forth in the City Engineer's memorandum, the Director of Public Utilities memorandum and the availa- bility of water, and the property be subject to SAD zoning, seconded by Mr. Young. Mr. Bird amended the motion to include directing the City Attorney to prepare the necessary ordinances, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - No; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - Yes. Said mo- tion passed with a 3 to 2 vote. Before roll call the following discussion was had: Upon question, Mr. Wallin stated that the Board, as a matter of principle, could not accept this. Mrs. Durante stated that she is going to support the Board's recommendation and Mr. Scheifley concurred with her. Mr. Bird stated that he would rather have Mr. Acquilano build a professional office building on this property than have him sell it to someone who might develop it within the County. At this point the roll was called to the motion. Mr. Wallin noted that as SAD,-it is also subject to approval of the design of the buildings. The City Attorney added that they in- corporate by reference the plans that are submitted as part of a'n SAD ordinance. Mrs. Durante stated that' they have a lot of control in the SAD Districts. Mr. Acquilano came forward to show Council a picture of the building. 9.b. The City Manager reported that an application has been received from Geor.ge Bossy to annex a 4-acre parcel of land, subject to RM-15 (Multiple Family Dwelling) District. The subject property is in _ Section 21-46-43 and is located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street. The Planning & Zoning Board at a meeting held on August 26th, recommended by unanimous vote that the property be annexed as RM-15, which is in conformance with the City's Land Use Plan. This property is presently zoned in the County as CG (General Commercial). This was discussed at the workshop meeting on September 2nd. Mrs. Durante moved to authorize the City Attorney to draft the annexation ordinance and the resolution that will go to Palm Beach County, seconded by Mr. Scheifley. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 9:00 P.M.  City Clerk - 10 - 9/9/80 185 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 September 9, 1980, whiQh minutes were formally approved and adopted by the City Council on~~7, ~F~., /~2~ · ' // 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 mihutes as set forth above. - 11 - 9/9/80 ~.