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10-14-80 219 OCTOBER 14, 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, October 14, 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, and James H. Scheifley, present. Council member Willard V. Young was absent. 1. The opening prayer was delivered by Reverend Alberto Busby, Calvary Bible Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mrs. Durante moved for approval of the minutes of the regu- lar meeting of September 23, 1980 and the special meetings of September 22, 24, 26 and October 2 and 7, 1980, seconded by Mr. Bird. Said motion passed unanimously. (Mr. Bird abstained from voting on the minutes of the September 24th meeting since he was not present. ! 4.a.1. Mrs. Durante requested that the meeting scheduled for 7:00 P.M., Monday, October 20th be held a few hours earlier due to a conflict in her schedule. It was the consensus of Council to hold that meeting at 5:00 P.M., Monday, October 20, 1980. 4.b.1. Mr. Scheifley moved that item 9.d. be moved forward on the agenda ahead of item 6.a., seconded by Mr. Bird. Said motion passed unanimous ly. 5.a.1. Mr. David Linn, an attorney representing the Spanish Wells Condominium Association, Inc., stated that Spanish Wells has not been finished in accordance with the site plan that the City approved. The developers are substantially without funds; however, there are four units left unsold. They have heard that an agreement has been reached between the City Building Department and the developers that the pro- ceeds from the sale of the last four units would be escrowed to fund the completion of the improvements at the Spanish Wells Condomonium in accordance with the site plan. The City Manager advised that there is a meeting scheduled for 10:00 A.M. Friday to deal with this subject. The City Attorney's office and the Administration have conferred with the attorney's office and other interested parties and invited them to the meeting. Upon question by Mr. Linn, the City Attorney stated that once the units are completed in accordance with the approved building plans, the units will be issued certificates of occupancy. The issuance or non-issuance of the certificate of occupancy for the units is not conditional upon completion of the recreation facilities. The City has an obligation to see that its ordinances are met and that the terms and conditions under which building permits and certificates of occupancy are issued in the City are met. 5.b.1. Mr. Dean Luce, 36 S. Ocean Boulevard, spoke in opposition of the discontinuing of inoculation of the coconut palms. He noticed that the palm trees in Palm Beach were in good condition and called up their Superintendent of Parks, Joseph Ugi; in six years Palm Beach has lost only ten percent of their palm trees with injections three times a year at 70¢ per tree. Mr. Ugi informed him that Naples has only lost five percent of their palm trees. He requested that City Council reconsider this. 9.d. The City Manager reported that the Planning & Zoning Board at the meeting of September 15, 1980, made the recommendation reflected in the Planning Director's memo dated September 25, 1980, to amend the Comprehensive Land Use Plan and to bring the zoning into conformance with the City's Land Use Plan. Council should consider directing the City Clerk to notify by mail each affected real property owner in ac- cordance with Chapter 163 and Chapter 166 of the Florida Statutes. A map showing the locations of the parcels is in the Planning Department. This was discussed at the October 7,~ 1980 workshop meeting. Mr. Bird moved that the City Clerk be directed to notify the appropriate parties concerning rezoning; parcel 1, from commercial to RM-15 multi-family; parcel 2, single family to RM-15 multi-family; parcel 4, from multi-family 6 units per acre to multi-family 10 units per acre and rezone from PRD-7 to PRD-10; parcel 5 rezone from multi- family 15 units per acre to single family; parcel 6, from RM-15 to single family; parcel 7, from RM-15 to single family; parcel 8, from RM-15 to single family; parcel 9, from RM-6 to single family, seconded by Mrs. Durante. The City Attorney advised that the motion should indicate that it is a notice for both rezoning purposes and changing the Compre- hensive Plan as indicated in the recommendations from the Planning and Zoning Board. Mr. Bird withdrew his motion and Mrs. Durante her second. Mr. Bird moved, in regard to parcel #1, to direct the City Clerk to notify by mail each affected property owner as required by Chapter 163 and 166 of the Florida Statutes so that both our zoning and Land Use Plan reflect that the designation on the property referred to therein should be multi-family, 15 units per acre, seconded by Mr. Scheifley. Said motion passed unanimously. Mr. Bird moved to direct the City Clerk to notify by mail each affected real property owner as required under 163 and 166 of the Florida Statutes in order to implement the recommendations of the Plan- ning and Zoning Board in items 2 through 8 contained in the memo of September 25, 1980, seconded by Mrs. Durante. Said motion passed unani- mous ly. 6.a.1. The City Manager reported that Council is to consider the annual renewal of the CETA contract. The Administration and the City Attorney's office are in agreement. They presently have 50 authorized job slots; .they are requesting an addition of 16 for a total of 66 during the coming year. This contract would expire the last day of September, 1981. Approval is recommended. Mrs. Durante moved to approve the CETA contract, seconded by Mr. Bird. Said motion passed unanimously. 6.a.2. The City Manager reported that Resolution No. 88-80 relative to the purchase of chemicals is before Council for consideration. The resolution authorizes the award be made to the low bidder, P B & S Chemical Company. The City Manager presented Resolution No. 88-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CONTRACT FOR CHLORINE FOR FISCAL YEAR 1980-1981. (Copy of Resolution No. 88-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 88-80 seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley -Yes; Mayor Weekes- Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Upon question from Mr. Bird, the City Manager stated that P B & S Company is located in St. Petersburg and Allied Universal Corporation is located in Miami. Upon further question, the City Manager stated that this is a large purchase; it comes to a total of $112,420.00 for the first item; $5,100.00 for the second item; $5,466.00 for the third item; this is a one-year supply. It would be used at the Water Treatment Plant and in the sewer collection system and the Regional Sewage Treatment Plant. At this point the roll was called to the motion. - 2 - 10/14/80 221 6.a.3. The City Manager reported that the City has received a request for a bicycle event. The money that would be raised from this event is to be used for the Florida and local Special Olympics and to benefit the physical fitness program for retarded and handicapped people. This particular part of the race is supposed to start in Lake Worth and come along A-1-A through Delray Beach on the afternoon of October 19th. It will take about 30 minutes to get through Delray Beach. The cities of Lake Worth, Ocean Ridge and Boca Raton have approved this admini- s tr ative 1 y. The City Attorney added that there is a provision in the consent form required by DOT that the City is going to hold DOT harmless for any injuries that may result as a consequence of this activity. Upon question by Council members, the City Manager stated that the City would need to control traffic at two intersections; A-1-A and Atlantic, and A-1-A and N.E. 8th Street. It doesn't amount to much manpower and it's for a worthy cause. Mr. Scheifley moved for approval, seconded by Mr. Bird. Said motion passed unanimously. 4.c.1. Mayor Weekes read a proclamation calling for a referendum election, regarding the Downtown Development Authority, to be held on Tuesday, November 4, 1980. Upon question by Mr. Scheifley, the City Attorney replied that the only people that will vote are the people who are qualified electors in the current geographical boundaries of the Downtown Develop- ment Authority and the area proposed to be added to it. The City Attorney advised that the Mayor authorize the City Clerk to make the necessary amendment to the proclamation to reflect the precincts that are actually going to be affected by the Downtown Devel- opment Authority vote. He added that legislation requires that there be a written consent by a majority of the property owners (not residents) that are east of the Intracoastal Waterway in the area to be added. 6.b. Mayor Weekes presented City Service Awards to Mrs. Louise Stebbins and Mr. Jeffrey L. Hill, members of the Planning and Zoning Board who are retiring from their posts. He stated that Mrs. Stebbins has served from October 1977 though September 1980; Mr. Hill from October 1975 through September 1980. Mrs. Durante stated that she served on the Planning & Zoning Board with both of these people and she witnessed the fine work that they did for the City. 6.c. The City Manager reported that it is recommended that Council approve the City/Local 1842 International Association of Fire- fighters Contract for 1980-81 as negotiated by the Administration and the union and as approved on October 2, 1980, by the union membership. Mr. Bird moved for the adoption of City/Local 1842 Contract for the year 1980-81, seconded by Mrs. Durante. Said motion passed unanimous ly. 6.d. The City Manager reported that as discussed at workshop on October 7, 1980, it is recommended that Council authorize the docking of a sightseeing boat by Joseph Rugare at City Park for the luncheon period for a docking fee of $15.00 per day, subject to approval of insurance coverage by the City Attorney. Mr. Bird moved for authorization subject to approval of insurance coverage by the City Attorney, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call the following discussion was had: Mayor Weekes stated that when they enter into this agreement, he hopes they will be certain of the conditions under which this permission is granted so that it might not be expanded without approval of the City Council. - 3 - 10/14/80 At this point the roll was called to the motion. The City Attorney advised that there will probably be an amendment to this ordinance that will be brought before City Council in the near future. 6.e. The City Manager reported that as discussed at budget work- shop, Council is to give consideration to approving the new hourly rates for the City Attorney's office as reflected in the City Attorney's letter of October 9, 1980. Mr. Bird moved to adopt the fee schedule proposed by the City Attorney's office in his letter dated October 9, 1980, seconded by Mrs. Durante. Said motion passed unanimously. 6.f. The City Manager reported that Council, at a Special Meetin held on September 22, 1980, ranked engineering firms for professional engineering services for a water storage tank and related facilities: Barker, Osha & Anderson, first; CHuM Hill second; Russell and Axon, third. The Administration has negotiated a contract with the first ranked firm, Barker, Osha & Anderson, and recommends Council approval of s ams. Mr. Bird moved to approve the execution of the contract subject to the approval of the City Attorney's office, seconded by Mrs. Durante. Said motion passed unanimously. 6.g. The City Manager reported that as discussed at workshop on October 7, 1980, it is recommended that an extension of a base agreement with the F.E.C. Railway Company be approved subject to iDclusion of the several amendments suggested by the City Attorney and subject to an in- crease in the City's payment from $400 to $720 per year. Mr. Bird moved for approval of the contract with F.E.C. Railway Company as modified, seconded by Mrs. Durante. Said motion passed unanimously. 6.h. The City Manager reported that Council may give consider- ation to authorizing execution of Addendum to Lease Agreement between the City and Palm Beach County for the Catherine Strong Community Center for the period from October 1, 1980, through September 30, 1981. Mr. Bird moved for approval, seconded by Mrs. Durante. Said motion passed unanimously. 6.i. The City Manager reported that it is recommended that Council approve the execution of a Developers Utility Service Agreement with Mitchell Homes for the providing of water and sewer service to the area described as Federal Plaza, located at the northwest corner of Mil- itary Trail and West Atlantic Avenue. In accordance with City policy, a check in the amount of $21,400 has been deposited in the Developers Fund to cover $625 per acre for sewer and $375 per acre for water for 21.4 acres. Council approved an agreement to provide water and sewer servic- to Federal Plaza at the September 23rd meeting. Mrs. Durante moved for approval of the Developers Utility Service Agreement between the City and Mitchell Homes for the providin§ of water and sewer services, seconded by Mr. Bird. Said motion passed unanimously. 7. There were no petitions and communications. 8.a. The City Manager reported that Resolution No. 83-80 request- ing permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from CG (General Commercial)(County) to RM-15 (Multiple Family Dwelling) District (City), located on the East side of Federal Highway between Linton Boulevard and S.E. 10th Street if ex- - tended east, is before Council for consideration. Council directed the City Attorney to prepare the resolution at the September 9th meeting. - 4 - 10/14/80 223 The City Manager presented Resolution No. 83-80: 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 CG (GENERAL COMMERCIAL) TO THE CITY'S ~.ONING CLASSIFICATION RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 83-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 83-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.b. The City Manager reported that Resolution No. 84-80 request- ing permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from CG (General Commercial)(County) to SAD (Special Activities) District(City), located on the west side of U.S.#i, between Linton Boulevard and S.E. 10th Street, is before Council for consideration. Council directed the City Attorney to prepare the reso- lution at the September 9th meeting. The City Manager presented Resolution No. 84-80: 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 CG (GENERAL COMMERCIAL) TO THE CITY'S ZONING CLASSIFICATION SAD (SPECIAL ACTIVITIES) DISTRICT. (Copy of Resolution No. 84-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 84-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - No; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. 8.c. The City Manager reported that it is recommended that the sanitary sewers and water utilities in Pine Trail Section IV be accepted as operational by adoption of Resolution No. 86-80. The City Manager presented Resolution No. 86-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PINE TRAIL, SECTION IV RECORDED IN PLAT BOOK 35, PAGE 151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: N.W. 5TH STREET FROM MILITARY TRAIL EAST APPROXIMATELY 700 FEET; N.W. 52ND AVENUE FROM N.W. 5TH STREET TO THE CUL-DE-SAC; N.W. 51ST AVENUE FROM N.W. 5TH STREET TO N.W. 6TH STREET; N.W. 6TH STREET FROM N.W. 51ST AVENUE EAST APPROXIMATELY 100 FEET; N.W. 5TH COURT FROM N.W. 51ST AVENUE TO N.W. 53RD AVENUE; N.W. 53RD AVENUE FROM N.W. 5TH COURT TO N.W. 6TH COURT; N.W. 6TH COURT FROM N.W. 53RD AVENUE EAST APPROXIMATELY 400 FEET 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 - 5 - 10/14/80 (Copy of Resolution No. 86-80 is on file in the official Resolution Book~ Mr. Bird moved for the adoption of Resolution No. 86-80, seconded bY Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.d. The City Manager reported that it is recommended that the streets and storm drains in Pine Trail Section IV be accepted as opera- tional by adoption of Resolution No. 87-80. The City Manager presented Resolution No. 87-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN PINE TRAIL, SECTION IV, AS RECORDED IN PLAT BOOK 35, PAGE 151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE. (Copy of Resolution No. 87-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 87-80, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley- Yes; Mayor Weekes- Yes. Said motion passed with a 4 to 0 vote. 8.e. The City Manager reported that Ordinance No. 51-80, amending Chapter 10.5 "Cemeteries" of the Code of Ordinances, increasing the de- posit in the perpetual care fund from 10% to 25% is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 23rd 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. 51-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10.5 "CEMETERIES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMEND- ING SECTION 10.5-48(b) TO INCREASE THE DEPOSIT IN THE PERPETUAL CARE FUND; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 51-80 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. 51-80 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; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.f. The City Manager reported that Ordinance No. 55-80, amending Chapter 2 "Administration" of the Code of Ordinances relative to removal of municipal board or commission members is before Council for consider- ation on Second and FINAL Reading. This ordinance was passed on First Reading at the September 23rd meeting. Prior to consideration of pas- sage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 6 - 10/14/80 225 The City Manager presented Ordinance No. 55-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" BY ADDING ARTICLE VII TO BE ENTITLED "REMOVAL OF MUNICIPAL BOARD OR COMMISSION MEMBERS", PROVIDING THAT SUCH MEMBERS APPOINTED FOR A FIXED TEP~4 MAY BE REMOVED BY THE CITY COUNCIL UPON FOUR AFFIRMATIVE VOTES FOR REMOVAL, AFTER NOTICE AND HEARING, FOR INEFFFICIENCY, NEGLECT OF DUTY AND OTHER JUST CAUSE; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 55-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Scheifley moved for the adoption of Ordinance No. 55-80 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; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.~. The City Manager reported that Ordinance No. 56-80 providing for a Referendum Election to be held November 4, 1980, pursuant to Chapter 80-495, Laws of Florida, concerning the Delray Beach Downtown Development Authority expanding the Downtown area description to add properties lying East of the Intracoastal Waterway is before Council for consideration on First Reading. The City Manager presented Ordinance No. 56-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING THAT A REFERENDUM ELECTION BE HELD NOVEMBER 4, 1980, CONCERNING THE DOWNTOWN DEVELOP- MENT AUTHORITY IN ACCORDANCE WITH CHAPTER 80-495 LAWS OF FLORIDA; THE REFERENDUM ELECTION IS BEING HELD TO DETER- MINE IF CHAPTER 71-604 LAWS OF FLORIDA AS AMENDED BY CHAPTER 72-524 LAWS OF FLORIDA (COLLECTIVELY KNOWN AS THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT) SHOULD BE FURTHER AMENDED BY CHAPTER 80-495 LAWS OF FLORIDA, PROVIDING THE FOLLOWING: EXPANDING THE DOWNTOWN AREA DESCRIPTION TO ADD PROPERTIES LYING EAST OF THE INTRA- COASTAL WATERWAY, EXPANDING THE BOARD COMPOSITION TO SEVEN MEMBERS (FOUR OF WHOM MUST BE OWNERS OF REALTY WITHIN THE DOWNTOWN AREA, A LESSEE REQUIRED BY THE LEASE TO PAY TAXES THEREON, OR A DIRECTOR, OFFICER OR MANAGING AGENT OF AN OWNER OR OF A LESSEE THEREOF SO REQUIRED TO PAY TAXES THEREON) PROVIDING THAT THE MEMBERS OF SAID BOARD SHOULD BE GEOGRAPHICALLY PROPORTIONED AS EVENLY AS POSSIBLE IN THE AREA ENCOMPASSING THE DOWNTOWN, PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 56-80 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley- Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.h. The City Manager reported that Ordinance No. 57-80, amending Chapter 27 "Trees and Shrubs" of the Code of Ordinances relative to dis- continuing inoculation by the City of all Palm Trees within the City, is before Council for consideration on First Reading. This was authorized by City Council at the August 26, 1980, regular meeting. - 7 - 10/14/80 22 6 The City Manager presented Ordinance No. 57-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 "TREES AND SHRUBS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 27-17 TO DISCONTINUE INOCULATION BY THE CITY OF ALL PALM TREES WITHIN THE CITY SUSCEPTIBLE TO LETHAL YELLOWING; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 57-80 on Fi.rst Reading, seconded by Mr. Bird. Upon roll call Council voted a~ follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley- Yes; Mayc Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mrs. Elizabeth Matthews, 1024 White Drive, representing the Beautification Committee, stated that although the inoculations were discontinued last March, in May the Beautification Committee voted to recommend to the City Council that the inoculations be continued until such time as some- thing better is discovered; representatives of the City Parks and Recre- ation Department were present at that discussion. If more citizens had known that the City had dropped the program, they would have inoculated the trees themselves. There was no awareness of this at all until they discussed it in September and people remarked how many trees had started to die in June and July. The Beautification Committee feels it has been treated very shabbily in this instance and the members are outraged that their recommendation not only was useless, because the program had already been stopped, but ignored. Mayor Weekes agreed that the Beautification Committee as well as the citizens and this Council should have been notified that the program was being discontinued. Council had no knowledge of it. Mr. Ken Ellingsworth suggested that they take some part of the City and save a few of the trees so that their sons and heirs will be able to know what a coconut palm looks like. Council members con- curred with Mr. Ellingsworth's suggestion. Mr. Tore Wallin noted that only 17 out of 110 palm trees are left at Tropic Bay. They didn't know the City had discontinued inocula- tions until last June. They then continued inoculations for about two months, but in spite of that they only have 17 trees left. Mayor Weekes stated that he questions how effective the inoculation program is. His trees died and they were being inoculated regularly. At this point the roll was called to the motion. Mayor Weekes asked the Administration to have someone pre- pare a cost breakdown of trying to continue an intensive program for tX- palm trees in certain City parks. 8.i. The City Manager reported that Ordinance No. 58-80, amendiI Chapter 26 "Traffic" of the Code of Ordinances to eliminate the two-hok parking zone on N.E. 1st Avenue from Atlantic Avenue to N.E. 1st Street, is before Council for consideration on First Reading. Approval is r ecomme nded. The City Manager presented Ordinance No. 58-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26 "TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SEC. 26-44(a) TO ELIMINATE THE TWO-HOUR PARKING ZONE ON N.E. 1ST AVENUE FROM ATLANTIC AVENUE TO N.E. 1ST STREET; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 8 - 10/14/80 227 The City Manager read the caption of the ordinance. The City Attorney stated that there is a modification to the language in the beginning of paragraph a; it would read the "City Engi- neer'' instead of the "Chief of Police"; that paragraph would then read "the City Engineer in person or by designee shall mark off individual spaces and" and then they would insert "the Police Department shall enforce the two-hour parking restriction in the following desribed parking areas ". Upon question by Council members, the City Manager stated that there are two things that this ordinance would do; (1) to change parking from angle parking to parallel parking for safety reasons and (2) the parking restriction can be moved within this area without hurt- ing anything and being more of a convenience to the people. Mr. Bird stated that he questions this. He feels the need to turn over parking spaces in the downtown area is critical. Mr. El lingsworth noted that ten parking spaces have been removed from the North side of Atlantic Avenue between Swinton and N.E. 1st Avenue causing complete chaos to those businesses on the South side of Atlantic Avenue. Hopefully, they will have ten feet donated by the School Board to replace those parking places. Mr. Bill Ward, 8 East Atlantic Avenue, stated that since the ten parking places were taken away, CETA has now moved into Walter's House of Light and they have approximately 15 employees plus all the people that come there. There are nine businesses on the South side of the street with only nine parking spaces; his business is one of them. He has to act like a police officer in his own parking lot sometimes. Until they straighten out the problem that's already been created, he is opposed to the change made by this ordinance. Mr. Bird moved to table this item. Upon the advice of the City Attorney, Mr. Bird withdrew the motion. Mr. Bird moved that Council not adopt Ordinance No. 58-80, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.j. The City Manager reported that Ordinance No. 59-80, amending ~hapter 30 "Zoning" of the Code of Ordinances relative to requiring a minimum number of single family dwelling units rather than a minimum single family acreage in the PRD Districts, is before Council for con- sideration on First Reading. Council, at the workshop meeting on October 7, 1980, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 59-80: 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 30-8.1(A) PRD-4, (PLANNED RESIDENTIAL) DISTRICT; SECTION 30-8.2(A) PRD-7, (PLANNED RESIDENTIAL) DISTRICT AND SECTION 30-8.3(A) PRD-10 (PLANNED RESIDEN- TIAL) DISTRICT RELATIVE TO REQUIRING A MINIMUM NUMBER OF SINGLE FAMILY DWELLING UNITS RATHER THAN A MINIMUM SINGLE FAMILY ACREAGE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the adoption of Ordinance No. 59-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley- Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 9 - 10/14/80 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on September 23rd recommended by unanimous vote that the 12 foot drainage easement located along the common boundary line of Lots 29 and 30, Del Harbour Subdivision be abandoned to combine both lots and use it as a single building site subject to the City Engineer's memo of September 9th. The subject property is in Section 21-46-43 and is located on the south side of Del Haven Drive between A1A and the Intracoastal Waterway. Mr. Bird moved to authorize the City Attorney to draft the necessary resolution to be brought back at a later meeting, seconded by Mrs. Durante. Said motion passed unanimously. 9.b. The City Manager reported that an application has been received from Robert D. and Virginia M. Horner to annex a 2.391 acre _ parcel of land, subject to LI (Light Industrial) District. The subjecl property is in Section 30-46-43 and is located on the south side of Germantown Road, between Congress Avenue and the SAL Railroad. The Planning & Zoning Board at a meeting held on September 23rd, recommend~ by a vote of 6 to 0 (Blair abstaining) that the property be annexed as LI since this is in conformance with the City's Land Use Plan. Mr. Bird moved to authorize the City Attorney to draft the necessary ordinance, seconded by Mrs. Durante. Said motion passed unanimously. 9.c. The City Manager reported that an application has been received from Leo Blair to annex a 1.84 acre parcel of land, subject to LI (Light Industrial) District. The subject property is in Section 30-46-43 and is located south of Germantown Road between Congress Avenue and the SAL Railroad. The Planning & Zoning Board at a meeting held on September 23rd, recommended by a vote of 6 to 0 (Blair abstaining) that the property be annexed as LI since this is in conformance with the City's Land Use Plan. Mr. Bird moved to authorize the City Attorney to draft the ordinance, seconded by Mrs. Durante. Said motion passed unanimously. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held September 15th recommended by unanimous vote that the conditional use to allow a church and attendant educational and recre- ational facilities for Church of God, located east of Barwick Road, between Lake Ida Road and Boulevard Chatelaine, be approved, subject to: 1) City Engineer's memorandum of September 15th. 2) Director of Public Utilities memorandum of August 12th. 3) A time limitation of 12 months be set for development of the project. 4) The Reverend Escoe receiving approval from the Chatelaine Homeowners Association for any additional recreational - facilities over and above what is presently existing. Mr. Bird moved to sustain the recommendation of the Planni~ and Zoning Board, seconded by Mrs. Durante. Said motion passed unani- mous ly. Before roll call the following discussion was had: Mrs. Alice Finst, representing the Chatelaine Homeowners Association, stated that they are requesting that two conditions be added to this approval: (1) some limit on the hours that the lights would be on at the facility; and (2) no parking of any kind of lettered vehicle, belonging to the church, on the property in open visibility. Council members advised that they have never placed these types of restrictions on churches. At this point the roll was called to the motion. - 10 - 10/14/80 10.a. Mr. Scheifley stated that he has received two complaints about the Lions Club and their collection of paper. He is not familiar with it but he is told that the lot where they are collecting paper is very messy. Mayor Weekes advised that it was cleaned up two or three days ago by members of the Lions Club and some City personnel. He took papers there Sunday afternoon and the area was clean; he doesn't know what it looks like today. 10.b. Mr. Scheifley stated that he was informed today that another billboard is going up on Linton Boulevard in a County pocket. He sug- gested that the proper City officials take strenuous action to have those removed. He talked to Bill Bailey, County Commissioner, last Wednesday and Mr. Bailey said he was shocked and amazed to learn that this was going on. Mrs. Durante suggested authorizing the Mayor to write another letter. 9.e. Upon question by Reverend Escoe, Mayor Weekes informed him that Council accepted the recommendation as presented to them by the Planning & Zoning Board, with no additional restrictions. Mayor Weekes declared the meeting adjourned at 8:15 P.M. / City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of October 14, 1980, which minutes were formally approved and adopted by the City Council on ~o~ /~ . Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 11- 10/14/80