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11-10-80 NOVEMBER 10, 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., Monday, November 10, 1980, with Mayor Leon M. Weekes, presiding and City Mana- ger J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, and Willard V. Young, present. Council member Scheifley was absent. 1. The opening prayer was delivered by Reverend Frank Reiff, First Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mrs. Durante moved for the approval of the minutes of the regular meeting of October 28, 1980 and the special meetings of October 20, 1980 and October 31, 1980, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird referred to the holiday tomorrow and stated that people don't take enough time to thank those who are in the armed ser- vices today and those who have served in the past. At Mr. Bird's re- quest, there was a moment of silent prayer for these people. He wished the Marine Corps a happy birthday and noted that it is their 205th birthday. 4.a.2. Mr. Bird proposed that this City adopt a change to its Charter to have departmental head nominations received from the Admini- stration and acted upon affirmatively by Council before such indivi- duals be elevated to that position. He suggested that they bring it to workshop next week. The City ATtorney has assured him that there is adequate time for them to have it on a ballot in March, if Council so desires. It was the consensus of Council to have this item on the next workshop agenda. 4.b.1. Mr. Young reported that there is a vacancy on the Financial Advisory Board and he recommended Dick Krob to fill that vacancy. Mr. Young moved that Dick Krob be appointed to the Finan- cial Advisory Board to serve as an alternate member, seconded by Mr. Bird. Said motion passed unanimously. 4.c.1. Mayor Weekes asked about the consent agenda and the reso- lution pertaining to it. The City Attorney replied that Council has the authority to establish, by motion, a consent agenda for this meet- ing. The resolution was prepared as an item not on the agenda and to apply to future regular meetings of the Council; he suggested that first they establish a consent agenda for this meeting listing the items that Council wants in that consent agenda. Mr. Bird moved that a consent agenda be established this evening and items 6.d., 7.b., 8.a., 8.b., 8.c., 8.d., 8.e., 8.f., 9.a., 9.b., 9.c. and 9.d. be considered as a consent agenda by Council and be entered as the item to immediately follow item 5; that a motion, at that time, to adopt the consent agenda will be a motion to take the action indicated in the agenda preface, and that the motion to adopt the consent agenda will adopt all of the resolutions included, seconded by Mrs. Durante. Said motion passed unanimously. 5.a. Mr. John Donovan, Bass Creek, discussed the construction of pools. From time to time people have to empty pools. Due to the high water level in this area, it is necessary to install pumps. Many muni- cipalities in the area require that such pumps be piped to the nearest sewer. He feels that if there isn't such an ordinance in this City already, then there should be one, and if there is one, then it should be enforced. The City Attorney agreed to look into it and come back to Council. 5.b. Ms. Rita Shaikun, Rainberry Woods, stated that she is very disturbed because she feels that public input does not have any impact on decisions. She is concerned about pet crossing and the inadequate signs in the bgach area. A lot of discussion was had on permits in- stead of parking meters; she is in favor of permits. -~hey had a very large increase in City taxes and the City is paying a ten percent salary increase plus merit increases. The taxpayers are getting hit from every level. Mrs. Durante responded that A1A is not a City road and DOT is the agency to get in touch with in regard to that road. CONSENT AGENDA The City Manager reported on the following items which are to be considered by Council as a consent agenda: 6.d. The South Central Regional Wastewater Treatement and Dis- posal Board at its meeting on October 27th, voted to adopt SCRWTD Resolution No. 9-80 relative to authorizing application for Step II Grant for Federal assistance for the expansion of the SCRWTD Plant. In accordance with the requirements of the Interlocal Agreement, approving action should be considered by Council. 7.b. A communication has been received from American Legion Auxiliary Milton Meyers Post No. 65 and American Legion Auxiliary Sherman Williams Unit No. 188 requesting permission to solicit funds on February 27th and February 28, 1981, approval of which is recommended by the Solicitations Committee. 8.a. Resolution No. 90-80 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural) (County) to LI (Light Industrial) (City), located on the south side of Germantown Road, between Congress Avenue and the SAL Railroad is before Council for consideration. Council directed the City Attorney to prepare the resolution at the October 14th meeting. The caption of Resolution NO. 90-80 is as follows: 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 AG (AGRICULTURAL) DISTRICT TO THE CITY'S ZONING CLASSIFICATION LI (LIGHT INDUSTRIAL) DISTRICT. (Copy of Resolution No. 90-80 is on file in the official Resolution Book) 8.b. Resolution No. 91-80 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from CG (General Commercial) (County) to LI (Light Industrial) (City), located south of Germantown Road, between Congress Avenue and the SAL Railroad is before Council for consideration. Council directed the City Attorney to prepare the resolution at the October 14th meeting. The caption of Resolution No. 91-80 is as follows: 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 COM- MERCIAL) TO THE CITY'S ZONING CLASSIFICATION LI (LIGHT INDUSTRIAL) DISTRICT. (Copy of Resolution No. 91-80 is on file in the official Resolution Book) - 2 - 11/10/80 8.c. Resolution No. 105-80, vacating and abandoning a 6-foot drainage easement on the south line of Lot 24 in Moore's Landing, north of N.E. 8th Street and west of Andrews Avenue, is before Council for consideration. Council, at the October 28th meeting, instructed the City Attorney to prepare the resolution. The caption of Resolution No. 105-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A SIX (6) FOOT DRAINAGE EASEMENT ON THE SOUTH LINE OF LOT 24, AS SHOWN ON THE PLAT OF THE SUBDIVISION OF SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, FLORIDA, AS RECORDED IN PLAT BOOK 8, PAGE 40 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 105-80 is on file in the official Resolution Book) 8.d. Resolution No. 106-80 ratifying Supplemental Agreement No. I to the engineering contract between the South Central Regional Waste- water Treatment and Disposal Board and Russell & Axon for engineering services for the design and construction of expansion of the existing wastewater treatment and disposal facility is before Council for con- sideration. The SCRWTD Board, at its meeting on October 27th, approved ratification of Supplemental Agreement No. 1. The caption of Resolution No. 106-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RATIFYING THE SUPPLEMENTAL AGREEMENT NO. 1 TO THE ENGINEERING CONTRACT BETWEEN THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND RUSSELL & AXON, ENGINEERS-PLANNERS-ARCHITECTS, INC. (Copy of Resolution No. 106-80 is on file in the official Resolution Book) 8.e. Resolution No. 107-80 vacating and abandoning a part of Germantown Road south of Linton Boulevard between Congress Avenue and the SAL Railroad is before Council for consideration. Council in- structed the City Attorney to prepare the resolution at the October 28th meeting. The caption of Resolution No. 107-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF GERMANTOWN ROAD LYING BETWEEN CONGRESS AVENUE AND THE SEABOARD COAST LINE RAILROAD IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 107-80 is on file in the official Resolution Book) 8.f. Resolution No. 108-80 vacating and abandoning a part of Egret Circle and Quail Road, south of Linton Boulevard between Lindell Boulevard and S.W. 4th Avenue is before Council for consideration. Council, at the October 28th meeting, instructed the City Attorney to prepare the resolution. The caption of Resolution No. 108-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF EGRET CIRCLE, JAEGER DRIVE AND QUAIL ROAD LOCATED BETWEEN LINDELL BOULEVARD AND S.W. 4TH AVENUE, AS SHOWN ON THE PLAT OF TROPIC PALMS PLAT NO. 1, AS RECORDED IN PLAT BOOK 25, PAGES 99 THROUGH 102, INCLUSIVE, AND LINTON CENTER, AS RECORDED IN PLAT BOOK 39, PAGES 8 AND 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Cgpy of Resolution No. 108-80 is on file in the official Resolution Book~ - 3 - 11/10/80 9.a. The Planning & Zoning Board at a meeting held on August 18th, recommended by unanimous vote that the conditional use in a pro- posed MI (Medium Industrial) District to allow a veterinary clinic, located on the south side of Atlantic Avenue, between Congress Avenue and the SAL Railroad be approved subject to: 1) City Engineer's memorandum of August 18th. 2) Director of Public Utilities memorandum of August 6th. 3) A time limitation of one year be set for development of the project. 4) Annexation of the subject property. 5) Receiving the variances from the Board of Adjustment. Presentation for City Council consideration has been held in abeyance until this time at the request of the applicant, Dr. Arthur Malernee. 9.b. The Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that the conditional use in the GC (General Commercial) District to allow two multiple family dwelling units, located on the west side of N.W. 8th Avenue, between Atlantic Avenue and N.W. 1st Avenue be approved, subject to: 1) City Engineer's memorandum of September 22nd. 2) Director of Public Utilities memorandum of September llth. 3) A time limitation of 12 months be set for development of the project. This was discussed at the November 4th workshop meeting. 9.c. The Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that the conditional use and site and development plan in the RM-15 (Multiple FamilY Dwelling) District to allow 28 additional dwelling units in a five story structure at Berkshire by the Sea, located south of Thomas Street, between A1A and Andrews Avenue be approved, subject to: 1) City Engineer's memorandum of October 2nd. 2) Director of Public Utilities memorandum of September llth. 3) A time limitation of 18 months be set for development of the project. This was discussed at the workshop meeting on November 4th. 9.d. The Planning & Zoning Board at a meeting held on October 18th, recommended by a vote of 5 to 0 (Campbell abstaining) that the conditional use, site and development plan approval for Delray Beach Landings, located at the southwest corner of N.E. 8th Street and An- drews Avenue be extended for 18 months to June 11, 1982, subject to the developer cleaning up the site. This was discussed at the workshop meeting on November 4th. Mr. Bird moved to adopt the consent agenda, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. At this time, Council proceeded to consider the remaining regular agenda items. 6.a.1. The City Manager reported that the Planning & Zoning Board at a meeting today, recommended by unanimous vote that the site and development plan approval be extended for a period of 18 months, from November 14, 1980, for The Point. - 4 - 11/10/80 Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Bird. Said mot~.on passed unanimously. 6.a.2. The City Manager reported that some time ago, the State received an inquiry as to whether or not Delray Beach would be amenable to a moving picture company shooting a film in Delray Beach. At that time, it was brought before City Council who were opposed to it, be- cause of the fear of bringing in undesirables. He recently received a request from a film company wanting to use the N.E. 8th Street bridge for a period of one night for filming purposes; it would be necessary to close traffic on the 8th Street bridge during the time that they would be shooting, an 8 to 12 hour period. It was th~ consensus of Council to stand by their prior action and refuse this request. Mro Bird moved to sustain their prior action, seconded by Mr. Young. Said motion passed unanimously. 6.a.3. The City Manager reported that Resolution No. 110-80 estab- lishing a procedure for a consent agenda is before Council for consi- deration. The City Manager presented Resolution No. 110-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A PROCEDURE FOR A CONSENT AGENDA AT REGULAR MEETINGS OF THE CITY COUNCIL. (Copy of Resolution No. 110-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 110-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 6.b. Mayor Weekes presented a City Service Award to Mr. Mort Rowe for service on the Civil Service Board from August, 1979, to November, 1980, and added that they appreciate the time and effort that Mr. Rowe has expended in the service of the City. 6.c. The City Manager reported that it was agreed at workshop on October 21st that Council would consider establishing new refuse col- lection rates. He referred to his memorandum of October 17th which sets forth four columns of figures. The differential in cost between curbside and rear door pickup is about $1.00, with the curbside being the less expensive. They did not send letters to a number of develop- ments in the City, such as High Point, Country Manors and developments that use the mechanically emptied container. They sent out a total of 30 letters and they received responses from 5 groups. Mayor Weekes stated that he has talked with Mrs. Matthews and she has not had a chance to get input from the people in the beach area. She asked that Council defer this decision for one week. The City Manager added that one week would not make much difference. Mr. Bird moved that they continue the City rate as proposed by Mr. Weber in the budget and, in regard to front or back door pickup, that they continue picking up as they are now until such time as they have input from contractors, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Jim Carter, President of Tropic Isle Civic Association, was in favor of the motion made by Mr. Bird. He compared the garbage collection rates in Delray with those of surrounding cities. - 5 - 11/10/80 Mrs. Elizabeth Matthews, 1024 White Drive, spoke on behalf of the Beach Property OwnErs Association. At the request of the City, they have taken a poll of 600 single family homes. She asked if the information in th§ letter given them by the City is correct. ..~ The City Manager replied that if the information that Mrs. Matthews sent out is based on what the City gave them, then that is exactly the thing she should be polling them on. He added that the main purpose of the letter was to test the people on the question of curbside or rear door pickup. There is a differential of about $1.00, as stated in the letter. Upon question by Mrs. Matthews, Mayor Weekes replied that they are not going to determine, at this time, whether or not curbside or rear yard is going to be used; that decision will be made at a later date. Tonight's decision is an interim increase to accommodate those funds that are in the budget. He stated further that the figure that is on the floor now is $7.30 for rear yard pickup, not $8.63. The City Manager added that at the time Council last discussed this, the plan was that the figure could be anything up to the maximum as stated in the letter. Now, Council is considering going with the $7.30 maximum for the interim period. Ms. Ann Kolevzon, Rainberry Bay, stated that she feels the City should give special consideration to the developments; they don't know anything about curb or back yard service because they only have curb service and they don't have the same amount of garbage as multi- family homes or larger homes. She feels that developments should not be charged the same rate as the rest of the City. Mrs. Alice Finst, on behalf of the Homeowners League of Chatelaine, stated that they did not receive a letter from the City. They have tried to acquire garde door pickup. She suggested a com- promise; they will take their garbage out to the curb and have the City put it back up by the garage door. This would keep the cans off the street and it would assure that the garbage is picked up. She also suggested that Council consider having garbage pickup covered by taxes. Mr. Bird stated that it is their intention tonight to establish a rate to be applied until such time as an investigation to determine the least possible cost alternative and the method by which that can be done is completed. Nobody has said that tonight's decision is a final solution to the problem. At this point, Mr. Bird called the question and the roll was called to the motion. Mrs. Durante stated that she is sure that in Roberts Rules of Order, they had a good reason for allowing the question to be called but sometimes the question is called when there are other ideas that people would like to express. 6.e. The City Manager reported that the following proposals have been received to sell the City 600 parking meters: Bidder Quotation POM Incorporated $62,314.30 Russellville, Arkansas Duncan Industries $71,264.42 Elk Grove Village, Illinois It is recommended that the award be made to Duncan Industries in the amount of $71,264.42. Even though Dunc&n Industries is not the low bidder, it is considered that purchase from them would be more cost effective and in the best interest of the City for the reasons stated in an Engineering Department memo to the City Manager dated October 27, 1980. - 6 - 11/10/80 ,,,Z 7j" Mr. Bird stated that he reviewed the traffic engineering study and would concur with the recommendation that the Duncan meter represents easier maintenance and more lqngevity; however, he thinks that the dedicated beachgoer will be left'with a considerable expense if there is no provision for permits on some portion of the beach area. He favors having parking permits as well as parking meters. Mr. Fred Blaser, Financial Advisory Board Chairman, stated that he has made an extensive study of this. The type of meter recom- mended now is a multi-insert meter. The City of Hollywood, Florida, recommends a single slot meter, which is less expensive and easier to maintain. Both types of meter can be pilfered. He recommended that they get the single slot meter and that they have a representative here to show the public what they're getting. Upon question by Mr. Bird, Edward Ewing, Duncan Industries, sta~ed that they do have a single slot meter available but only if they charge a quarter per hour and use quarters only. Hollywood did make a change to single slot meters; however, the Duncan multi-slot meter is entirely different from what Hollywood had; the three slots are right in the front and are easily identifiable. Mrs. Durante stated that the single slot meter would mean that people would always need quarters in order to park. She thinks that they would be doing the people a disservice if they have the single slot meters; with the multi-slot meters people can use a com- bination of coins. Mr. Blaser stated that they should listen to those people who have used the meters and not just listen to the salesmen selling the product. Mrs. Matthews stated_ that the Chamber of Commerce did a report on this. She recalls that two or three cities recommended a meter which was very low in maintenance and the most successful in an oceanfront setting. Mr. Young stated that the meter Mrs. Matthews is referring to is the POM meter. The City Manager stated that there are two questions before Council: (1) whether to go with all meters or whether to have a mix- ture of meters and parking permits; and (2) how many and what type of meters. In regard to the type of meter, for many months the City Engineering Department has been investigating this and they have talked with all of the cities in the general area that have experience with meters. He has confidence in the Engineering Department and he sup- ports their findings, which he is what he is proposing to Council. Mayor Weekes inquired as to what cities in Florida use the Duncan meter. Mr. Ewing gave a list of cities including Miami, Miami Beach, Bay Harbor Island, Surfside, a few in Broward County, Tampa, Tallahassee, Gainesville, St. Augustine, Orlando and others; they have meters in about 70% of the State. Mrs. Durante stated that, personally, she is opposed to having meters and permits for parking at the beach; however, it is something that they have to do, so they might as well get it over with. Mr. Bird suggested that Council members study the traffic engineering division's study of 10/23/80, if they haven't already done so, and he complimented the Engineering Department for the thoroughness of it. Mr. Bird moved that meters be put in Atlantic Dunes Park and along A1A only and that the remaining parking spaces, those in Sandoway Park, Anchor Park and behind the beach fire station be re- tained for permit parking only. Mr. Bird withdrew his motion. Mrs. Durante moved that Council adopt the Administration's recommendation and install the number of parking meters as proposed from Duncan Industries. - 7 - 11/10/80 Mr. Young stated that he will second the motion if Mrs. Durante will add the stipulation that ':hey will be single slot meters. Doug Knight, City traffic engineer, advised that POM, Inc., offered a single slot meter which will take all three denominations; nickels, dimes and quarters. Duncan offers only the triple slot which has a separate slot for each denomination of coin. If they go to the Duncan meter with a single slot, quarters only, it would be cheaper to buy and easier to maintain; however, it does put an inconvenience on the public and that is why they recommended the triple slot. Mr. Blaser advised that pilfering figures in the areas that he covered run about 2%; that kind of pilfering is mainly broken glass from people who get mad. There is, basically, no loss in the coins by breaking the box; the amount of loss is minimal on any meter. Mrs. Durante rephrased the motion as follows: Mrs. Durante moved to accept the recommendation of the Administration in the letter of October 27th from the City Engineer to the City Manager, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Young - No; Mayor Weekes - Yes. Said motion failed with a tie vote of 2 to 2. Before roll call the following discussion was had: Mayor Weekes advised that Jack Pitts could not be here but he called and asked that his opposition to meters be expressed tonight. Mr. Pitts' reasons for opposing meters are: (1) the City had meters before and lost money; (2) fines resulting from failure to put money in the meters are generally not collectable; (3) the Administrative costs are going to be higher than estimated; and (4) the meter maintenance is going to be much higher than what is estimated. The City Manager added that he, too, is against meters, but if ~_hey are going to have meters and they are going to charge for parking, then the program proposed by the Administration is what he recommends. Mr. Bird inquired as to how they came up with a 600 figure. The City Manager replied the recommendation of 600 meters does not tie down any specific spaces and the purchase of 600 meters would be safe. In regard to meter locations, he will come up with a final plan for Council to act on separately. The City Attorney added that this item will be coming back to Council in the form of a resolution no matter what action Council takes tonight. So between now and the time they consider the resolution, the Administration could come back with more specific information in regard to location. The City Manager suggested that Council schedule a special meeting next Tuesday night to discuss this item. Mr. Bird advised that, from a traffic standpoint, it would be desirable to have a shorter time span on the meters which are at the intersection of A1A and Atlantic Avenue. He asked that the Admini- stration address this when they come back with a formal recommendation. The City Manager stated that he thinks that this is needed on Atlantic as well as A1A; Council members concurred. Mayor Weekes stated that at least the first block of Atlantic Avenue should be metered and Mrs. Durante added that this would protect the businesses there by making sure that there is a turnover of parking spaces. At this point the roll was called to the motion. It was the consensus of Council that this item go back to workshop for further discussion. 7.a. Mayor Weekes acknowledged receipt of the minutes of the Beautification Committee for their meeting of October 1, 1980. 8.~. The City Manager reported that the following bids have been received to construct a lighting system for Miller Park: - 8 - 11/10/80 Bidder Quotation Premier Electrical International Corp. $240,833.00 Boca Raton C.R. Dunn, Inc. 199,897.00 West Palm Beach Union Electric Construction Corp. 233,433.00 West Palm Beach (Alternate Bid) 198,360.00 It is recommended that the award be ma~e to the lowest bidder meeting City requirements~ C.R. Dunn, Inc. of West Palm Beach, in the amount of $199,897.00 by adoption of Resolution No. 109-80. There is an addi- tional charge of $150.00 per foot based on the length of the poles that will be required. Funding will come from the Capital Improvement Construction Fund, 1980 Bond Issue. The City Manager presented Resolution No. 109-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR FURNISHING AND INSTALLING A COMPLETE LIGHTING SYSTEM CONSISTING OF SERVICE, SIXTEEN (16) POLES, 144 FLOOD LIGHTS AND ALL ASSOCIATED ELECTRICAL WORK FOR ROBERT P. MILLER PARK, PHASE II, LOCATED AT 1905 SOUTHWEST FOURTH AVENUE, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution~No. 109-80 is on file in the official Resolution Book) Mrs. Durante moved for adoption of Resolution No. 109-80, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Bird, the City Manager replied that this figure is about $20,000 more than what was originally contemplated, but they feel there is sufficient money remaining in the Bond Issue Fund. Last Friday there was a meeting in regard to it; they have $275,000 free money left in that bond issue. It's going to be very tight but they feel sure that this is the best figure they can get for the construc- tion of a lighting system. At this point the roll was called to the motion. 8.h. The City Manager reported that Ordinance No. 61-80, amend- ing Chapter 30 "Zoning" of the Code of Ordinances relative to trade shops is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 28th 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. 61-80: 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 30-11(N)(4)(c) AND ENACTING NEW SECTION 30-11(N)(4)(c) TO REPLACE THE TERM TRADE SHOPS WITH CERTAIN SPECIFIED USES AND IMPOSING A MAXIMUM SQUARE FOOTAGE FOR SUCH USES; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 61-80 is on file in the official Ordinance Book) - 9 - 11/10/80 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. 61-80 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.i. The City Manager reported that Ordinance No. 62-80 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 off-street parking. This ordinaruce was passed on First Reading at the October 28th meeting. Prior to~Considerati0n 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. 62-80: 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)(b) AND ENACTING NEW SECTION 30-18(B)(4)(b) TO PROVIDE FOR ALTERNATIVES TO THE PAVING OF OFF-STREET PARKING AREAS; PROVIDING SPECIFICA- TIONS FOR SUCH ALTERNATE PARKING AREA IMPROVEMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 62-80 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. 62-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.j. The City Manager reported that Ordinance No. 63-80, amend- ing Chapter 2 "Administration" of the Code of Ordinances relative to the Code Enforcement Board is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 28th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 63-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE VI, "CODES ENFORCEMENT", BY AMENDING SAID CHAPTER AND ARTICLE TO COMPLY WITH THE "MUNICIPAL CODE ENFORCE- MENT BOARD ACT" OF 1980, CHAPTER 80-300 LAWS OF FLORIDA, BY PROVIDING FOR THE BOARD TO BE COMPOSED OF SIX (6) REGULAR MEMBERS; BY PROVIDING FOR FOUR (4) MEMBERS TO CONSTITUTE A QUORUM; BY PROVIDING FOR THE TERM OF MEMBERS AND BY PROVIDING FOR THE READOPTION OF THE DELRAY BEACH CODE ENFORCEMENT BOARD ORDINANCE, AS CODIFIED, PURSUANT TO THE 1980 LEGISLATIVE ACT; AND BY AMENDING SAID CHAPTER 2, ARTICLE VI, TO PROVIDE FOR SIX (6) ALTERNATE MEMBERS TO THE BOARD AND THE CLASSIFICATION AND POWERS OF SAID ALTERNATE MEMBERS, AND BY PROVIDING FOR THE REPEAL OF SECTION 2-113 RELATIVE TO PROBABLE CAUSE HEARINGS RE- QUIREMENTS AND BY AMENDING SECTION 2-112 TO CONFORM THEREWITH; PROVIDING FOR EMERGENCY HEARINGS; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 10 - 11/10/80 (Copy of Ordinance No. 63-80 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. 63-80 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.k. The City Manager reported that Ordinance No. 64-80 relative to annexing an 18-acre parcel of land located in Section 25-46-42 on the west side of the E-4 Canal, between Germantown Road and the L-37 Canal is before Council for consideration on First Reading. The Plan- ning and Zoning Board at a meeting held on June 26th, recommended by unanimous vote that the subject property be annexed as R-iAAA to be consistent with the development to the west and south of this parcel. Second and FINAL Reading and a public hearing will be held at the meeting on December 16th. The City Manager presented Ordinance No. 64-80: 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 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LOCATED ON THE WEST SIDE OF THE E-4 CANAL, BETWEEN GERMANTOWN ROAD AND THE L-37 CANAL, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIF~ OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 64-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.1. The City Manager reported that Ordinance No. 65-80 relative to rezoning and placing land zoned RM-10 (Multiple Family Dwelling) District in SAD (Special Activities) District, located south of Linton Boulevard, between Lindell Boulevard and S.W. 4th Avenue is before Council for consideration on First Reading. Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on November 25th. Council, at the October 28th meeting, instructed the City Attorney to prepare the ordinance effect- ing the rezoning. The City Manager presented Ordinance No. 65-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 61.91 ACRES, LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN LINDELL BOULE- VARD AND S.W. 4TH AVENUE BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND A~NDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 65-80 on First Reading, subject to changes to be worked out by the City Attorney and Mr. Chapin between First and Second Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 11 - 11/10/80 8.m. The City Manager reported that Ordinance No. 66-80, amend- ing Chapter 20 "Public Employee Relations" of the Code of Ordinances pursuant to order issued by the State PERC is before Council for con- sideration on First Reading. The City Manager presented Ordinance No. 66-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 20 "PUBLIC EMPLOYEE RELATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 20-3, "COMMISSION CRE- ATED; COMPOSITION; QUALIFICATIONS, TERM, COMPENSATION; FILLING OF VACANCIES; QUORUM; CHAIRMAN GENERALLY; FISCAL NEEDS" TO PROVIDE FOR THE COMPOSITION OF THE LOCAL COM- MISSION; AMENDING SECTION 20-12, "RESOLUTION OF IMPASSES" TO CLARIFY CERTAIN PROVISIONS AND TO PROVIDE FOR WRITTEN AGREEMENTS CONCERNING DISPUTED IMPASSE ISSUES AND TO PRO- VIDE FOR THE PROCEDURES FOR THE RATIFICATION OF SUCH AGREEMENT; AMENDING SECTION 20-21 TO PROVIDE FOR THE EFFECTIVENESS OF ORDINANCE NO. 66-80; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 66-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.n. The City Manager reported that Ordinance No. 67-80, amend- ing Chapter 17 "Parks, Beaches and Recreation" of the Code of Ordi- nances is before Council for consideration on First Reading. This ordinance, if passed, will increase the annual storage permit fee for storing boats on the beach from $50 to $100 as informally decided at budget workshop. The City Manager presented Ordinance No. 67-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION", SECTION 17-31(f), "STORING BOATS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO INCREASE THE ANNUAL STORAGE PERMIT FEE TO ONE HUNDRED DOLLARS ($100.00); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 67-80 on First Reading. Motion died for lack of a second. Upon question by Mrs. Matthews, Mayor Weekes replied that this means that they are not going to increase the fee. Mrs. Matthews apologized for bringing this up now but she has tried many times to get the City's enforcement of deed restriction on the beach, north of the area where the boats are stored. She is asking for (1) better enforcement of this regulation and (2) respect for the deed restriction that has been placed upon that beach, north of Beach Drive. Mayor Weekes asked the City Manager to look into it. Mr. Bird stated that Council has said that they should change fees so as to reflect the cost of providing the service and no one has demonstrated to him that it costs $3,000 a year to let people park their boats on the beach. He didn't mind paying the $50 to have his boat stored on the beach but he objects to the fact that many boats without permits have been parked on the beach, and, to his knowledge, no boat has been impounded or fined by the City. He is not prepared to increase this fee until such time as the Administration can demonstrate some ability to enforce the regulations that now exist. - 12 - 11/10/80 8.o. The City Manager reported that Ordinance No. 68-80, amend- ing Chapter 15 "Licenses" of the Code of Ordinances relative to occu- pational licenses is before Council for consideration on First Reading. This was discussed at the November 4th workshop meeting. The City Manager presented Ordinance No. 68-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15 LICENSES", SECTION 15-1 "REQUIRED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CLARIFYING SAID SECTION AND BY PROVIDING FOR A $10.00 REGISTRATION FEE FOR PERSONS OB- TAINING CITY OCCUPATIONAL LICENSE WHO HOLD A VALID AND CURRENT OCCUPATIONAL LICENSE FROM THE COUNTY OR OTHER INCORPORATED MUNICIPALITY, AND BY PROVIDING FOR A $2.00 REGISTRATION FEE FOR PERSONS OBTAINING A CITY OCCUPATIONAL LICENSE WHO HOLD A VALID AND CURRENT PALM BEACH COUNTY COUNTY-WIDE LICENSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 68-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Upon question by Mrs. Durante, the City Attorney explained that the reason the $2.00 is in there is because it is the maximum allowed by special act of the Legislature. The City Manager added that he feels they should not be passing this ordinance at all because it's going to reduce the revenue. Mrs. Durante asked the City Attorney if they could reconsider and reject_this ordinance; he replied that they can. Mrs. Durante moved that Council reconsider Ordinance No. 68-80, seconded by Mr. Bird. Said motion passed unanimously. The City Attorney advised that the Building Department is going to have to keep track of these people in some manner; that's one way that the City controls the enforcement of the ordinance. Upon question by Mrs. Durante, the City Attorney replied that the City receives revenue back from the County for licenses. There are two different types of County licenses; one type of license is County-wide and is effective in both the incorporated and unincor- porated areas. If a person has a County-wide license, that person does not have to get a license from the City of Delray Beach; however, the fee that the City would receive from these people for licenses would be the same fee that the City is receiving now, except the City would get an additional $2.00 when these people come in to register. Mr. Leo Blair stated that people can get a County-wide license which gives them the right to work anywhere in the County. They have to pay a high fee to the County, which is then divided up amongst all the municipalities. The City Manager noted that Delray Beach gets about $60,000 a year back from the County for occupational licenses. The City Attorney advised Council that passage of this ordinance will not preclude them from getting money back from the County for licenses. Mr. Bird moved for the adoption of Ordinance No. 68-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mrs. Durante inquired as to whether the Building Department understands this. The City Manager replied that the Building Depart- ment does understand the procedure; they have been commiserating over this ordinance for the past month. - 13 - 11/10/80 Mayor Weekes declared the meeting adjourned at 9:00 P.M. 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 November 10, 1980, which minutes were formally approved and adopted by the City Council on ~4~/..~3~, /~ . 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, addi- tions, or deletions to the minutes as set forth above. - 14 - 11/10/80