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11-25-80 283 NOVEMBER 25, 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, November 25, 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 Rabbi Samuel Silver, Temple Sinai. 2. The Pledge of Allegiance to the flag of the United States of America' was given. 3. Mr. Young moved for approval of the minutes of the regu- lar meeting of November 10, 1980 and the special meetings of November 3, 1980 and November 7, 1980, seconded by Mr. Bird. Said motion passed unanimously. 4.a.1. Mr. Bird stated that in order for the golf club to be a truly municipal course, it should be possible for people to go out there on any given day with an opportunity to play. According to the information he found in his package, that is no longer true. He feels that it should be Council's decision and not an Administrative decision. The City Manager replied that this was part of a change that was recently made, in an attempt to improve the tee time situa- tion. Mr. Scheifly added ~hat it's true that the tee time schedule has been changed so people can get tee times 48 hours in advance. If all the tee times are not taken in advance, people can play; also the afternoons are free, after about 11:30 A.M. Mr. Bird stated that in order to assure that this would be a purely municipal club, there was to be some guarantee that every third tee time would be available to anyone who wanted to walk in and play the course. He feels they have taken a step backward as .far as the general availability of the club to those who would play it. Mr. Young agreed with Mr. Bird and stated that he feels that other people should have an opportunity to play the course, as well as members. It was the consensus of Council to discuss this at a workshop meeting. Mr.. Bird moved that until such time that this is on a workshop agenda, that the philosophical change be held in abeyance, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Upon question by Mr. Young, the City Manager stated that it is no longer necessary to go out and line up in order to get a starting time. It's© been changed to making reservations by phone and additional phone lines are being put in to accomodate that. After 11:30 A.M. there is ample opportunity for walk-ons. Mr. Scheifley stated that different methods have been tried to solve this problem. The one that was in existence last year proved very unsatisfactory because of the lines that were forming at 5:45 A.M. This is more or less an experiment; they're going to have to get more experience and modify this system until they find a more satisfactory one. Right now, in general, most people are extremely pleased. He feels that if Council makes any decision tonight, it will throw the system into chaos. At this point the roll was called to the motion. 8.4 4.a.2. Mr. Bird stated he is bringing this up at the request of a member of the public who said "he didn't see any reason why every City vehicle, except undercover police Vehicles, should be driven around town without a s~icker on the doors". He is a taxpayer and wants to know which vehicles belong to the City and what they are doing. 4.b.1. Mayor Weekes announced that they have before them a con- sent agenda that was submitted to them by the Administration. He asked that they delete item 6.d. from the consent agenda. Mr.. Bird requested that they change the title of item 6.c. or else remove it from the consent agenda. Mrs. Durante asked that item 8.b. be re- moved from the consent agenda. CONSENT AGENDA The City Mananger reported on the following items which are to be considered by Council as the consent agenda: 6.b. Change Order No. i has been received requesting a 39 day extension from November 10th to December 8th for completion of the Island Drive Bridge contract. Approval is recommended. 6.f. It is reCommended that Council authorize execution of Change Order No. 1 between the City and Intercounty Construction Cor- poration in connection with the Water Treatment Plant and South Pump Station Expansion. The original contract price was $4,417,000. Additions, which amount to $10,827.25 are shown on Exhibit I which increase the contract price to $4,427,827.25. Funding will come from the 1979 Water and Sewer Revenue Bond Issue. 6.~. Bids for construction--of wells 5-W, 6-W, 7-W, 8-W and raw water mains were received on September 5th. The South Florida Water Management District disapproved construction of the two northern wells (7-W and 8-W). Negotiation with the low bidder based on the revised scope was unsuccessful. It is recommended that all bids be rejected and that Russell & Axon be authorized to proceed with rebid- ding for construction of the two southern wells (5-W and 6-W). 7.a. The City is in receipt of an application from Mr. William Brickman for City water service to serve '3850 West Atlantic Avenue, which is outside the City at the southeast corner of Military Trail and Atlantic Avenue. The property is presently being used as a ser- vice station and deli and the proposed use is for the same. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicant. 7.c. A communication has been received from Daughter of Zion Seventh Day Adventist Church requesting permission to solicit funds from November 29th to December 12th, approval of which is recommended by the Solicitations Committee. 8.a. The following bids have been received to construct a fence on the east side of Miller Park, Phase II: Bidder Quotation Southern Fence Company $ 9t498 Boca Raton Boca Raton Fence & Garden Center 9,629 Boca Raton Pompano Fence Corporation 12,300 Pompano Beach It is recommended that the contract be awarded to the low bidder, Southern Fence Company, in the amount of $9,498 by passage of Resolu- tion No. 111-80 with funding to come from the 1980 General Obilgation Bond Issue. - 2 - 11/25/80 285 The caption of Resolution No. 111-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA~ TO AWARD A CONTRACT FOR THE PURCHASE AND INSTALLATION OF APPROXIMATELY 850 LINEAR FEET OF CHAIN LINK FENCE AT ROBERT P. MILLER PARK, PHASE II. (Copy of Resolution No. 111-80 is on file in the official Resolution Book) Mr. Bird moved to approve the consent agenda as outlined by the City Manager's communication to Council and as amended by Council, seconded by Mrs. Durante. Said motion passed unanimously. 5.a.1. Mr. Jack Pitts stated that the drains on the beach side let the water come back through at high tide and fill up the streets. The former City Engineer told him that there were flapper gates, that perhaps weren't working quite right, that would let the water drain out of a street but would not let the water come back up in the street. It's not working properly and the water does fill up on high tide into Andrews Ave., Beach Drive and some other streets along there. Mayor Weekes asked the City Manager to look into it. 6.a. There were no items not on the agenda. 6.c. The City Manager reported that as discussed at the work- shop meeting on November 18th, Council is to consider authorizing procurement of exercise equipment and materials for Police building renovation to accommodate the proposed physical fitness program at a total estimated cost of $12,00~ It is recommended that money from the sale of confiscated vessels be used to the maximum extent legally possible and fund the balance (if any) from proceeds of the sale of City lands. Mr. Bird stated that if the primary use of this program is for the Police Department, he has no problem with it. The City Attorney replied that the use by other employees is just going to be an incidental use. The primary, overriding pur- pose of that equipment is for the Police Department and for the em- ployees of the Police Department. Mr. Bird moved to approve the purchase of physical fit- ness equipment for use by the Police Department and other City employees, if they desire, to be located at the Police Department, funding to come from the sale of confiscated proceeds and any addi- tional funding, if required, to come from the sa-l~ of City lands, seconded by Mr. Young. Said motion passed unanimously. 6.d. The City Manager reported that as discussed informally at the workshop meeting on November 18th, Council is to consider author- izing the closing of the N.E. Sth Street bridge, except for emergen- cies, from 7:30 p.m. on December 5th to 6:00 a.m. on December 6th for filming. Upon question by Mr. Pitts, Mayor Weekes replied that they have had a full discussion of this at workshop. It is a sus- pense, detective movie, being produced by the Ladd Company; Mr. Ladd was President of Twentieth Century Fox. It's an 8 million dollar budget film and Richard Crenna is the star. These people produced "The Empire Strikes Back", sequel to "Star Wars". The bridge will be used for three scenes involving a detective and his vehicle crossing the bridge in pursuit of a quarry. Mr. Scheifley added that the name of the movie is "Body Heat". Mr. Ellingsworth noted that the holiday pageant parade is on the night of December 6th at 6:00 P.M. and several thousand people will be wanting to cross the bridge. - 3 - i1/25/80 Mayor Weekes stated that they will make it clear that they cannot use the bridge the night of the 6th for filming and asked the City Manager to convey that to them. Mr. Scheifley moved to approve the closing of the 8th Street bridge for the hours requested for the purpose of making this movie, seconded by Mr. Young. Said motion passed unanimously. 6.e. The City Manager reported that as discussed informally at the workshop meeting of November 18th, Council is to consider author- izing installation of a traffic signal on South Federal Highway at Lindell Boulevard and related improvements as set forth on Exhibit A, with funding to come from proceeds of the sale of City lands. The City Manager explained that there are three options before Council, each costing a different City share amount of dollars and each providing for a different type of construction. If the median strip is left in (option 1), the City's share is $93,325. The second option would be to provide access to the Keeler proPety by way of Tropic Isle Drive and the City's share would be $67,000. The third option would be to provide no access at all to the Keeler property and the City's share would be $57,000. The Administration's recommendation which is shared by the Engineering Department is that option 1 be utilized and the median cut be in at a City cost of $93,325. He pointed out the three options on a map on the screen and explained each one further. Mr. Bird inquired as to whether Dr. Rittota would be amenable to vacating the portion that lies on the north side of his property for parking. That would be a practical solution. DOT was concerned that the northbound traffic and the turning traffic on Federal Highway without benefit of traffic control was eventually going to result in a tragic accident there. Mr. Scheifley stated that he got the impression that-it was nearly impossible for the first mile or so to make a U-turn to come back. He asked if there are any businesses in the first half- mile south of the bridge in Boca Raton on the east side of the High- way. Mr. Church replied that, to the best of his knowledge, there are very few businesses there. Upon further question, Mr. Church ~plied that people can make a U-turn on Federal Highway where it is not specifically prohibited. Legally, you can U-turn at the first opening there, but it is difficult and hazardous to do so. Mr. Bird stated that using a portion of the eastbound roadway of Tropic Isle Drive was, in fact, the recommendation of the DOT. Mr. Bob Stump, Tropic Harbor Association, asked about the left turn lanes. He feels that putting a traffic light in and modi- fying the left turn lanes is going to create another problem which is going to be self-defeating. He is sure people will find a way to get to the Keeler's business. Mayor Weekes stated that he feels that they should have the curb cut. He thinks it can be arranged in such a way as there would be stacking for both traffic turning east coming from the north to the south and also traffic turning west coming from the south to the north. At best the access to Keeler's and to Dr. Rittota's office without a curb cut is not a very inconvenient and convoluted access. The City Manager, in response to Mr. Bird's comments, stated that Dr. Rittota was approached and considerable conversation was had; he is not agreeable to providing any of his property for access southward. As it presently stands, U-turns can be made by southbound traffic in Boca Raton to turn back northward; however, the control of that is under DOT and there is the possibility that, at some future time, DOT might decide to post no U-turn signs. - 4 - 11/25/80 Upon question by Mr. Bird, Mr. Church replied that they met with Dr. Rittota several days ago. Basically, Dr. Rittota's position was that he's not sure he'll be in a position to open in six weeks and there are so many uncertain circumstances that he could only say that he won't commit to anything; he felt nervous about doing anything with his property to allow that access to come through it. They could not get Dr. Rittota to commit to anything. Mrs. Durante stated that one of the options being pro- posed now is to close that median cut and move it to the south. The purpose of closing the median cut was for safety reasons and the hazardous problem was not being able to see traffic over the bridge. She feels that by moving the median cut closer to the bridge, they are impounding the hazard there; she doesn't see why they don't keep the median cut they already have. She suggested paving one of the lanes open for two-way traffic and the other one going to the prop- erty owners. Mr. Scheifley stated that before they spend $37,000 for the benefit of one business, they should consider whether or not there are any other places in the City that have similar situations that will come in and ask for the same treatment. He referred to the comments made by Mr. Stump and inquired as to whether or not they are going to create a situation which will create more hazards and be just as bad as the one they already have. The City Manager responded that there are no instances, to his knowledge, where the City has caused the situation to exist. He doesn't know whether or not there are any that were not caused by the City. Mr. Stump noted that the City Manager said that the .City has jurisdiction and he always ~nderstood that Federal Highway was under the DOT jurisdiction. In their original recommendation, they recommended that all those openings between Tropic Isle Drive and the Canal be closed. It was only when the City approached them and asked them to reconsider that they agreed to permit the City to put those cuts in. The City Manager replied that DOT is the controlling authority; however, the City does have approval from DOT for .all three of the options that he has mentioned tonight. In that regard, it is up to the City Council to make the final determination. Mr. Stump stated that he met the person from DOT who made the recommendations at a workshop meeting several months ago and he said "they only acquiesed because of a City request; they still think that their first recommendation was the best one and that was to close those median strips." He (Mr. Stump) feels that the safety of the motoring public is more important than one or two merchants. The City Manager replied that safety is what they have in mind when they mention sending the southbound traffic down into Boca and turning and coming back; they think that that is more hazardous than the median cut would be. Mr. Church stated that when DOT finally approved the traffic signal at Lindell and Federal Highway, they did so under certain conditions. One of the conditions was to close the existing median; that is because they would have another curb opening close to the intersection and the turning lane that they're building for the intersection would conflict with the existing openings. They did submit the plan to DOT and DOT didn't just acquiese to it; they ap- proved it after modifications. DOT wouldn't approve anything that wasn't safe. Upon question by Mrs. Durante, Mr. Church replied that the first median opening from the bridge is approximately 1000 feet south of the bridge and there are some trees there that would have to be removed to approve that sight distance. - 5 - 11/25/80 Mr. Bird moved that they accept the original DOT proposal and that they ask that the City Administration continue to negotiate with Dr. Rittota and see if they can obtain a small portion in the southeast corne~3of his property for a turning lane which would line up directly with the entrance to the Keeler Drapery parking lot, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - No. Said motion passed with a 4 to 1 vote. 7.b. The City Manager reported that a public hearing has been scheduled to construct pavement and a subsurface drainage system to serve the unpaved portion of the alley in the block between N.E. 3rd Avenue and FEC Railroad tracks, extending 430 feet north from N.E. 3rd Street. Resolution No. 99-80 providing for a special assessment for properties abutting the unpaved portion of the alley was adopted by Council at the October 28th meeting. The City Manager explained that there are two ways they can go on this; one is by special assessment; the other is by a lesser improvement which would be paid for entirely by Mr. Spence. He pointed out the area on a map on the screen. He stated that Mr. Spence came before Council several times and asked that a special assessment project proceed. However, Mr. Spence reached a point in his development where he wanted to secure an occupancy permit for construction. In order to do that, it was necessary for him to either put in certain improvements or to make certain guarantees to the City. He chose to make a guarantee to the City that he would pave a portion of the alley and that he would put in drainage faci- lities to serve this area. Instead of putting the facilities in, Mr. Spence made the guarantee of $12,000 to put the improvements in. The special assessment improvement includes both of the items he (City Manager) mentioned; the entire estimated cost of the project is $20,000. The City's normal pr~eedure is to share in the special assessment cost to the extent of 20% so that would leave a balance of $16,000 to be special assessed. Of the $16,000, Mr. Spence would pay a portion of that but it would be considerably less than the $12,000 that he would pay for the lesser improvement. The specific action before Council for consideration is the holding of a public hearing on the special assessment project and Council should give consider- ation as to whether or not to proceed with the special assessment route. The City Clerk's office has sent notices to the affected property owners that would be assessed should the improvement be done by special assessment. 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. Jay Reynoldsr Jr., attorney for Mr. Spence, stated that Mr. Woolley and the people who are opposed to the special assessment would like to speak first, if that is agreeable to Council. Tom Woolley, representing James Priest, the owner of Priest Plumbing, stated that his understanding is that none of the improvements that Mr. Spence agreed to do originally have been done. What he is trying to do is to make other property owners, who are not going to benefit by it, pay for this paved alley. Mr. Spence bought this property and any hardship he has is going to be self-made. His client has no use for a paved alley. They request denial of the special assessment. Richard Griffin stated that his family owns two lots abutting the unpaved alley. They agree with Mr. Woolley and they think the resolution is improper because there is already a valid contract for the paving and the drainage project. If they need to draw a proposal to satisfy the rest of the alley, he thinks that should be a separate proposal. The other property owners should not be encumbered by Mr. Spence's obligations. As a builder/developer, Mr. Spence knew he had to provide paved access for those warehouses. - 6 - 11/25/80 O.D. Priest, Jr. stated that he owns a lot in that area. Several months ago Walter Seymour representing Mr. Spence approached him to see if he would sign an affidavit to the effect that he had no objections to them running a storm drain across the lot adjacent to his. He agreed to this with the understanding that he was not to have any problems created for him. He would never have agreed if he'd known he was going to be asked to pay for part of Mr. Spence's paving. Gil Pursinqer, manager of Hayden Storage, referred to a letter they sent, dated July 1st, agreeing to certain costs, terms and conditions in regard to the paving of the alley. He asked that Council's decision be postponed until they can see more of the de- tails of this. Jay Reynolds, representing Mr. Spence, passed out a packet to Council members. He stated that it has been alleged here that they are looking for something for nothing. Mr. Spence entered into an agreement which stated that he would pay for the necessary improvements if, in fact, that was a prerequisite and it did not pass by special assessment. Mr. Spence reserved the right to canvass the people in this area to see if they would stand still for a special assessment to help pay for the paving of the road. In the packet, there is a representation by approximately 66 & 2/3 percent of the people involved in the project which states that they would rather go the route of the special assessment and pay their fair share. The people that spoke tonight in opposition are less than 1/3' of what's involved in paving this road. He showed photographs of the area and and stated that if they want to do it the right way, they should go with special assessment and do the whole alley. Mr. Spence stated that they don't object to paving the alley. They feel that it wout~-be unfair for them to be required to pay for drainage that would help the people on the west side of the property. They don't mind paying their fair share. They approached Council to go the special assessment route a long time before the agreement was made. The City Attorney stated that the agreement was not con- ditional upon the City granting a special assessment and reimbursing Mr. Spence; the agreement is unconditional. Floyd Griffin stated that he owns buildings on N.E. 3rd Avenue and they were flooded out after Mr. Spence built his first group of warehouses facing 4th Avenue; he had a permit issued to him without an adequate draining system for the second group of build- ings; that is why they had a problem with all the water. His ware- house had two inches of water in it two different times. Mr. Spence replied that the first phase was done in ac- cordance with the City and they've had no complaints from anyone else along that entire alley that there was any flooding. The public hearing was closed. Upon question by Mr. Scheifley, the City Attorney replied that Council took the steps necessary to get to the point where they hold a public hearing. At this point it is up to City Council to decide whether or not to continue with the assessment process. On September 23, 1980, the City Council passed Resolution No. 80-80 which instructed the City Manager to submit plans, specifications and an estimate for the proposed improvements; the City Manager did that. The City Council adopted Resolution No. 99-80 on October 28, 1980; that resolution indicated the improvement that was to be made, the estimated cost of $20,000, the sharing of costs on the basis of 80% property owners, 20% City, delineated which properties were the ones to be assessed, set forth the payment procedure in the event the assessment took place and also established this date as the date for a public hearing. - 7 - 11/25/80 Upon question by Mr. Young, the City Engineer stated that the only drains in the alley would be the ones they propose. They feel that the system is adequate. Mr. Spence's property drains both ways and there's a good portion that drains toward the alley. Along the alley he has put in a swale; it is there on his side to capture the water and hold it. Essentially what they have is a ditch along the alley on Mr. Spence's property to provide for the runoff, the criteria is only one inch of runoff. Mrs. Durante asked if it is customary to assess the abut- ting property owners for improvements. The City Attorney stated that the special assessment process is a discretionary process with the City Council. Council would have the option of specially assessing without.the consent of the property owners and would also have the option of not special assessing even if the property owners con- sented. To the best of his knowledge, it is not sufficient to say that the City has an established policy in regard to special assess- ment. Mayor Weekes stated that although as a businessman, Mr. Spence may have entered into this contract with some stress, he feels that the overriding consideration in the interest of other affected citizens, is that the City of Delray Beach has a perfectly binding and valid contract with Mr. Spence to do all the work except the paving south of his property line. He thinks that the City should enforce that contract and he is not prepared to vote for an assess- ment on the abutting property owners. Mr. Scheifley stated that this alley is an eyesore. He would be agreeable to the Mayor's comments on the condition that the rest of the alley is completed in its entirety at the same time. Mrs. Durante stated~%hat once this alley is paved, it is going to be used by the public as well as business people. She feels that the abutting property owners should pay their fair share for the improvement; it's going to be a public right-of-way. Upon question by Mr. Bird, Mrj Church stated that as a condition to construction they would normally require that a paved access to the property be established prior to the issuance of a certificate. Upon further question, he added that the same would apply to storm drains. Mr. Spence originally anticipated only the paving; as the plans were submitted it became apparent that they couldn't accept just paving because there was a low spot there. Mayor Weekes asked, assuming that Council votes to uphold and enforce the contract it has with Mr. Spence, what would be the approximate, cost of completing the paving from the south property line of his property down to 3rd Street. Mr. Church replied that this is a $20,000 project; Mr. Spence's share is $12,000 so they're talking about a balance of $8,000. Mayor Weekes stated that he feels they should pave the rest of it by some means or other. The owners of Hayden Storage have said that they would be in favor of paying a part of the money to pave the alley beside their property because they need it. If they did it on an assessment basis, the City's share would be $4000 pre- suming the City undertook 20% of the total cost. That is half the cost of paving the balance of that alley. In the letter to Hayden of June 10, which they apparently acquiesed to, it was suggested that their.cost of the assessment was $3860. If they would be agreeable to accepting that, then they've almost got the $8000. Mrs. Durante stated that she is familiar with the process in which the City pays 20% and the balance is divided by the property owners by the front footage of their property, If they're going to start to deviate from that which they have done in the past, then she feels they have done some unfair things in the past. Mr. Scheifley stated that if they ask Mr. Spence to fulfill the agreement then when the rest of it is done it should be done by the normal assessment method. Mayor Weekes agreed. - 8 - 11/25/80 The City Atto£ney stated that there is a provision in the Code of Ordinances saying that all new construction by the City will be done by special assessment unless otherwise authorized by the City Council. So the City Council is not required to do the remainder by special assessment but it is possible to do so. Mrs. Durante moved to continue the special assessment process already initiated by City Council. Said motion died for lack of a second. The City Attorney advised that they have already deter- mined not to continue the special assessment as proposed because the motion died for lack of a second. As far as addressing the contract, he advises Council to do that now. As far as addressing the remain- der of the alley, which is the issue Mr. Scheifley is concerned with, he advises that they address that at another meeting at such point that they could discuss and begin the mechanics for a special assess- ment procedure for that particular area. Mr. Young moved that the City of Delray Beach hold Mr. Spence to his contract with the City dated July l, 1980, concerning the improvements referred in that agreement in the alley, seconded by Mr. Bird. Said motion passed unanimously. Mrs. Durante stated that although she is voting in favor of this motion, she doesn't think that it is fair. It was the consensus of Council to discuss the paving of the rest of the alley at the next workshop meeting. 8.b. The City Manager reported that Resolution No. 112-80 relative to awarding a contract for the purchase of materials for a sprinkler system to be installed--at Miller Park, Phase II is before Council for consideration. Funds are to come from the 1980 General Obligation Bond Issue and.:~pproval is recommended. The City Manager presented Resolution No. 112-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RATIFYING AND CONFIRMING THE NEGOTIATIONS OF THE CITY ADMINISTRATION AND AWARDING A CONTRACT FOR THE PURCHASE OF PARTS AND MATERIALS FOR A SPRINKLER SYSTEM TO BE INSTALLED INHOUSE AT ROBERT P. MILLER PARK, PHASE II. (Copy of Resolution No. 112-80 is on file in the official Resolution Book) Mrs. Durante stated that she pulled this from the consent agenda because she only saw one price list from one company. The City Manager replied that this was a negotiated con- tract as stated in Resolution No. 112-80, Section 1. It refers to this being a negotiated contract by the City Administration wherein the City determined that they would be able to save a considerable amount of money if the City would install the sprinkler system .at Miller Park, Phase II, and merely buy the materials from a supplier. Also, they would be able to do it in a more timely manner than rely- ing on contractors to do it. The price list is attached to the resolution. ~Mr. Scheifley moved for passage of Resolution No. 112-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that it is recommended that Resolution No. 113-80 be approved which provides for the installation of a traffic signal on Atlantic Avenue at N.E./S.E. 7th Avenue. The recommended action is an outgrowth of circumstances and actions ear- lier in the year involving the Bridge Restaurant, the Patio Delray - 9 - 11/25180 Restaurant and traffic in that general area of the City. The re- quested Department of Transportation approval was received by letter dated November 10, 1980. The estimated project cost is $20,000, which can be financed with budgeted funds. The City Manager presented Resolution No. 113-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNAL AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DELRAY BEACH. (Copy of Resolution No. 113-80 is on file in the official Resolution Book~ Upon question by Mr. Bird, the City Engineer replied that they have no fix in regard to time of implementation but it would take at least six months. Mr. Bird asked if they can do anything to discourage left turns in that area between now and then. The City Engineer agreed to look into that. Mr. Bird moved for the adoption of Resolution No. 113-80 subject to the approval of the City Attorney's office, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Resolution No. 114-80 authorizing the purchase of parking meters is before Council for con- sideration. The meter schedule was approved at the November 18th workshop meeting. It is recommended that Council authorize the pur- chase of 585 single slot 25¢ meters from Duncan Industries in the amount of $69,436.81. · The City Manager presented Resolution No. 114-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF SINGLE SLOT PARKING METERS FOR INSTALLATION IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 114-80 is on file in the official Resolution Book) The City Manager reported on two modifications: they want to buy 585 meters which would give them 8 spares; there was a change made in the time schedule, enforcement would start at 8:00 A.M. instead of 6:00 A.M. Mr. Pitts stated that he is opposed to parking meters because he doesn't think it will make money for the City. If Council is determined to go ahead with this, he asks that they consider adop- tion of gates instead of meters in the parking lots, the objective being to cut down on the number of meters the City would have to buy, and the maintainance, collection and enforcement that goes with it; he is convinced that the gates do work. Upon question by Council members, Mr. Pitts replied that they can have gates without attend- ants and people would put money in to get into the parking lot. He feels that the gates are definitely more profitable and he also feels that the Administration's research on gates was inadequate. Mrs. Durante moved for adoption of Resolution No. 114-80, seconded by Mr. Young. Upon roll call Council voted as follows:. Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mrs. Gro11, Tall Pines, stated that she feels that this is a case where the City is not being fair to the taxpayers. The beach is supposed to be free; it no longer will be free. She is in favor of parking permits which is fair to people who have to live on a fixed income. - 10 - 11/25/80 Mr. Bird stated that he has consistently proposed that a permit system be available utilizing the facilities at the parks and behind the fire station. He will vote against.the meters because he feels that they should also be providing some method by which the dedicated beachgoer may use the beach for less than 50¢ a day. Mrs. Durante stated that she will support the meters but she disagrees with any form of money collection system on the beach; she likes paying for it the way they do now, through taxes. Shortly, after they get the meters in, she would like to see a breakdown of the expense of operating the meters. Mr. Scheifley added that the beaches are not free now; one-half mill from property taxes is for the parking and maintenance of the beach. Upon question from the audience, Mayor Weekes replied that the one-half mill will never be rescinded. At this point the roll was called to the motion. Mr. Scheifley left the Council Chambers at this point, the time being 9:00 P.M. 8.e. The City Manager reported that Ordinance No. 31-80 re- -ye to annexing a parcel of land located on the south side of Atlantic Avenue between Congress Avenue and the Seaboard Airlines Railroad, subject to MI (Medium Industrial) is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the June 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hear- ing has been scheduled to be held at this time. The City Manager presented Ordinance No. 31-80: AN ORDINANCE OF THE CIT~--COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MU- NICIPAL 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. 31-80 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. 31-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. (Mr. Scheifley was not present for this vote). Said motion passed with a 4 to 0 vote. Mr. Scheifley returned to the meeting at this point, the time being 9:05 P.M. 8.f. The City Manager reported that Ordinance No. 65-80 re- lative 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 Second and FINAL Read- ing. This ordinance was passed on First Reading at the November 10th 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. 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 - 11 - 11/25/80 294 ACTIVITIES) DISTRICT BEING APPROXIMATELY 61.91 ACRES LOCATED SOUTH OF LINTON BOULEVARD BETWEEN LINDELL BOULE- YARD AND S.W. 4TH AVENUE, BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 65-80 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. The City Attorney advised that there was a typographical error on page 2, in the 5th line of paragraph 7; the word should be "specified" instead of "specific" and he asked that that be included in the motion. Mr. Bird moved for the adoption of Ordinance No. 65-80 on Second and FINAL Reading, including the correction as explained by the City Attorney, 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. Mr. Chapin noted that World Tennis Magazine chose Lavers as one of the three most attractive tennis resorts in South Florida. 8.9. The City Manager reported that Ordinance No. 66-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 20 "Public Employee Rela- tions" of the Code of Ordinane~s pursuant to order issued by the State PERC. This ordinance was passed on First Reading at the November 10th 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. 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 PROVIDE 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. (Copy of Ordinance No. 66-80 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. 66-80 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. - 12 - 11/25/80 295 8.h. The City Manager reported that Ordinance No. 68-80, amending Chapter 15 "Licenses" of the Code of Ordinances relative to occupational licenses is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 10th 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. 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 OCCUPATION- ' AL LICENSE WHO HOLD A VALID AND CURRENT PALM BEACH COUNTY COUNTY-WIDE LICENSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 68-80 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. 68-80 on Second and FINAL Reading, se¢o~ed by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird stated that he would like to have this subject brought up at a future workshop in order to review the fees. The City Manager re- plied that this subject is already on the workshop list; the Mayor requested it. At this point the roll was called to the motion. 8.i. The City Manager reported that Ordinance No. 69-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to adding rental and sales of modular buildings as a permitted use in the (LI) Light Industrial district is before Council for consider- ation on First Reading. This was discussed at the November 4th workshop meeting. The City Manager presented Ordinance No. 69-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" BY AMENDING SECTION 30-14(B) "LI (LIGHT INDUSTRIAL) DISTRICT" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO ADD RENTAL AND SALES OF MODULAR BUILDINGS AS PERMITTED USE IN SAID DISTRICT; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 69-80 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 13 - 11/25/80 8.j. The City Manager reported that Ordinance No. 70-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to boat slips is before Council for consideration on First Reading. This was discussed at the workshop meeting on November 4th. The City Manager presented Ordinance No. 70-80: 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 DLERAY BEACH, FLORIDA, BY AMENDING SECTION 30-1, "DEFINITIONS" TO ADD A DEFINITION OF BOAT SLIP; AND BY AMENDING SECTION 30-17(G) "SUPPLE- MENTARY REGULATIONS" TO ADD A NEW SUBSECTION 12 PERMIT- TING BOAT SLIPS AS STRUCTURES ALLOWED IN SETBACKS PRO- VIDED THEY ARE NOT BUILT CLOSER THAN TEN (10) FEET FROM ANY ABUTTING PROPERTY LINE NOR OCCUPY MORE THAN TWENTY (20) PERCENT OF THE TOTAL LOT AREA; 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. 70-80 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird questioned the phrase "attached and detached" boat slips. The City Attorney stated that he thinks that it originated with the Plan- ning Department and that it referred to attachment or detachment from the main house; for instance, whether or not you could have a garage for a boat slip; that would be~_attached. Mr. Carey added that it should be a separate structure from the main structure, always de- tached and never attached. Mr. Bird asked that this .be worked out before Second Reading. At this point the roll was called to the motion. 8.k. The City Manager reported that Ordinance No. 71-80, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to increasing the monthly charges for refuse pickup is before Council for consideration on First Reading. This was dis- cussed at the October 21st workshop meeting. Approval is recom- mended. The City Manager presented Ordinance No. 71-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12 "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-15 TO INCREASE THE MONTH- LY CHARGES FOR GARBAGE PICKUP FOR ALL CLASSIFICATIONS OF CUSTOMERS INCLUDING RESIDENTIAL, OFFICES AND COMMERCIAL CUSTOMERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 71-80 is on file in the official Ordinance Book) Mr. Bird moved for the adoption of Ordinance No. 71-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird advised the public that Council has initiated actions whereby, hopefully, they will be able to reduce this fee from what it is in the ordinance. The purpose of approving this fee, as stated in the ordinance, is to balance the budget and to keep the budget figures in balance during the interim period while they are evaluating other options. - 14 - 11/25/80 Dominick Beccarelli, 3424 Ave. Villandry, stated that they already had an increase not too long ago. Most of the people living in Chatelaine are retired senior citizens living on a fixed income and it is very hard for them to keep up with these increases. He hopes that Council will give this a lot of consideration in order to give the people the best possible rate. Mr. Raymond Groll, 933 N.W. 37th Ave., stated that they have a situation in which they can get garbage pickup by a private agency for approximately half the cost of what the City is going to charge. He also noted the tax increase and the charges that the City is going to impose on them to go to the beach. He, too, is a retiree and on a fixed income. He and his wife moved here to retire to an easy way of life; he feels that the casts herr a~e escalating to the point where it's getting almost impossible to keep up with the plea- sant Florida lifestyle. Mayor Weekes replied that they are going to consider the option of going to a private contractor for pickup. At this point the roll was called to the motion. 8.1. The City Manager reported that Ordinance No. 72-80 re- -ye to changing the City's Land Use Plan designation in the Com- prehensive Plan. from C (Commercial) to MF-15 Multiple Family (15 units/ acre) for a parcel located within the boundaries of Avenue on the north, Avenue "E" on the south, Florida Boulevard on the east and Frederick Boulevard on the west is before Council for consider- ation on First Reading. Public hearing will be held and considera- tion will be given to passage on Second and FINAL Reading at the meeting on January 13, 1981. This was discussed at the October 14th meeting. The City Manager presented Ordinance No. 72-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FROM C-COMMERCIAL TO MF-15 MULTIPLE FAMILY (15 .UNITS/ACRE) FOR A PORTION OF THE PARCEL THAT IS LOCATED WITHIN THE BOUNDARIES OF AVE- NUE "A" ON THE NORTH, AVENUE "E" ON THE SOUTH, FLORIBA BOULEVARD ON THE EAST AND FREDERICK BOULEVARD ON THE WEST, WHICH IS MORE PARTICULARLY DESCRIBED IN THE ORDI- NANCE, AND AMENDING THE LAND USE PLAN. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 72-80 on First Reading, seconded by Mr. Young. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Attorney pointed out that there are maps attached to this one and the next few ordinances and that those maps are not part of the ordinances; they are there for information only. The property being rezoned is the property legally described in each ordinance. At this point the roll was called to the motion. 8.m. The City Manager reported that Ordinance No. 73-80 rela- t--~ to changing the City's Land Use designation in the Comprehensive Plan from SF (Single Family) to MF-15 Multiple Family (15 acres/unit) for a parcel located north of Lowson Boulevard between S.W. 20th Court and the Delray Beach Country Club is before Council for con- sideration on First Reading. Public hearing will be held and con- sideration will be given to passage on Second and FINAL Reading at the meeting on January 13, 1981. This was discussed at the October 14th meeting. - lS - 11/25/80 The City Manager presented Ordinance No. 73-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOT 15, BLOCK 2, GOLF PARK SUBDIVISION FROM SF-SINGLE FAMILY TO MF-15 MULTIPLE FAMILY (15 UNITS/ACRE), AND AMENDING THE LAND USE PLAN. The City Manager read the caption of the ordinance. Mrs. Durante moved for the adoption of Ordinance No. 73-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; MF. Schei~ley - Yes; Mr. Young - YEs; Mayor Weekes - Yes. Said motion'Passed ~i~h a 5 to 0 vote. Mayor Weekes advised members of the public that Council will go through the rest of these ordinances pretty fast since they are all the same kind of ordinance. 8.n. The City Manager reported that Ordinance No. 74-80 rela- tive to changing the City's Land Use designation in the Comprehensive Plan for a parcel located north of Lowson Boulevard between Dover Road and Homewood Boulevard from MF-6 Multiple Family (6 units/acre) to MF-10 Multiple Family (10 units/acre) and rezoning the property from PRD-7 (Planned Residential) District to RM-10 (Multiple Family Dwelling) District 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 January 13, 1981. This was discussed at the October 14th meeting. The City Manager pre~nted Ordinance No. 74-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM MF-6 MULTIPLE FAMILY (6 UNITS/ACRE) TO MF-10 MULTIPLE FAMILY (10 UNITS/ACRE) AND REZONING THE PROPERTY FROM PRD-7 (PLANNED RESIDENTIAL) DISTRICT TO RM-I0 (MULTIPLE FAMILY DWELLING) DISTRICT. SAID PROPERTY BEING IN THE WEST HALF (W½) OF THE NORTHWEST QUARTER (NW~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mrs. Durante moved for passage of Ordinance No. 74-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.o. The City Manager reported that'Ordinance No. 75-80 rela- tive to changing the City's Land Use designation in the Comprehensive Plan for a parcel located on the north and south sides of Miramar Drive, between Gleason Street and A1A from MF-15 Multiple Family (15 units/acre) to SF Single Family and rezoning the property-from RM-15 (Multiple Family Dwelling) District to R-lA (Single Family Dwelling District is before Council for consideration on First Reading. Public hearing will be held and consideration will be given to pas- sage on Second and FINAL Reading at the meeting on January 13, 1981. This was discussed at the October 14th meeting. The City Manager presented Ordinance No. 75-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR LOTS 4 THROUGH 17, INCLU- - 16 - 11/25/80 299 SIVE, WILLIAMSON-DIEBEL SUBDIVISION, FROM MF-15 MULTIPLE FAMILY (15 UNITS/ACRE) TO SF SINGLE FAMILY AND REZONING THE PROPERTY FROM RM-15 (MULTIPLE FAMILY DWELLING} DIS- TRICT TO R-lA (SINGLE FAMILY DWELLING) DISTRICT, AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mrs. Durante moved for passage of Ordinance No. 75-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.p. The City Manager reported that Ordinance No. 76-80 rela- tive to changing the City's Land Use designation in the Comprehensive Plan for a parcel located on the north side of Ingraham Avenue, be- tween Gleason Street and A1A from MF-15 Multiple Family (15 units/ acre) to SF Single Family and rezoning the property from RM-15 (Mul- tiple Family Dwelling) District to R-1AA (Single Family Dwelling) District is before Council for consideration on First Reading. Public hearing will be held and consideration will be given to pas- sage on Second and FINAL Reading at the meeting on January 13, 1981. This was discussed at the October 14th meeting. The City Manager presented Ordinance No. 76-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR OCEAN BEACH LOT 24 FROM MF -15 MULTIPLE FAMILY (15 UNITS/ACRE) TO SF SINGLE FAMILY AND REZONING THE PROPERT~ FROM RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT TO R-1AA (SINGLE FAMILY DWELLING) DIS- TRICT, AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mrs. Durante moved for passage of Ordinance No. 76-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.q. The City Manager reported that Ordinance No. 77-80 rela- tive to changing the City's Land Use designation in the Comprehensive Plan for a parcel located north of Bay Street, between Venetian Drive and A1A from MF-15 Multiple Family (15 units/acre) to SF Single Family and rezoning the property from RM-15 (Multiple Family Dwell- ing) District to R-iA (Single Family Dwelling) District 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 January 13, 1981. This was discussed at the October 14th meeting. The City Manager presented Ordinance No. 77-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM MF-15 MULTIPLE FAMILY (15 UNITS/ACRE) TO SF SINGLE FAMILY AND REZONING FROM RM-15 (MULTIPLE FAMILY DWELLING) DIS- TRICT TO R-lA (SINGLE FAMILY DWELLING) DISTRICT. SAID PROPERTY BEING LOTS 3 THROUGH 18, NASSAU PARK SUBDIVI- SION; LOTS 1 THROUGH 15, THE EAST 25' OF LOT 16, THE WEST 12.5' OF LOT 17 AND ALL OF LOT 18, WHEATLEY'S SUBDIVI- SION; AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. - 17 - 11/25/80 3.09 Mrs. Durante moved for passage of Ordinance No. 77-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young -~Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. $.r. The City Manager reported that Ordinance No. 78-80 rela- tive to changing the City's Land Use designation in the Comprehensive Plan for a parcel located on the north side of Casuarina Road, be- tween Gleason Street and A1A from MF-15 Multiple Family (15 units/ acre) to SF Single Family and rezoning the property from RM-15 (Mul- tiple Family Dwelling) District to R-1AA (Single Family Dwelling) District is before Council for consideration on First Reading. Public hearing will be held and consideration will be given to pas- sage on SecOnd and FINAL Reading at the meeting on January 13, 1981. This was discussed at the October 14th meeting. The City Manager presented Ordinance No. 78-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM MF-15 MULTIPLE FAMILY (15 UNITS/ACRE) TO SF SINGLE FAMILY AND REZONING THE PROPERTY FROM RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT TO R-1AA (SINGLE FAMILY DWELL- ING) DISTRICT. SAID PROPERTY BEING LOTS 30, 31 AND 32, OCEAN BEACH LOTS SOUTH, WHICH PROPERTY IS MORE PARTICU- LARLY DESCRIBED IN THIS ORDINANCE, AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mrs. Durante moved-.f~r passage of Ordinance No. 78-80 on First Reading· seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.s. The City Manager reported that Ordinance No. 79-80 rela- tive to changing the City's Land Use designation in the Comprehensive Plan for a parcel located at the southwest corner of Lake Ida Road and Barwick Road from MF-6 Multiple Family (6 units/acre) to SF Single Family and rezoning the property from RM-6 (Multiple Family Dwelling) District to R-iA (Single Family Dwelling) District 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 January 13, 1981. This was discussed at the October 14th meeting. The City Manager presented Ordinance No. 79-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR LOTS 1 THROUGH 19, INCLU- SIVE, BLOCK 1, LOTS 1 THROUGH I6, INCLUSIVE, BLOCK 2, AND TRACT "A" PINE TRAIL EAST SUBDIVISION, FROM MF-6 MULTI- PLE FAMILY (6 UNITS/ACRE) TO SF SINGLE FAMILY AND REZON- ING THE PROPERTY FROM RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT TO R-iA (SINGLE FAMILY DWELLING) DISTRICT, AMENDING THE LAND USE PLAN AND "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mrs. Durante moved for passage of Ordinance No. 79-80 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mayor Weekes explained· for the benefit of the public, that they are rezoning these properties to their actual use; many of these multiple family zones have been built as single family. - 18 - 11/25/80 301 At this point the roll was called to the !~otion. 8.t. The City Manager reported that Ordinance No. 80-80 amend- i~g' Chapter 26 "Traffic" of the Code of Ordinances of the City of Delray Beach relative to increasing the traffi6 fines from $2 to $3 is before Council for consideration on First Reading. An increase was discussed at budget workshop. The City Manager presented Ordinance No. 80-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", BY AMEND- ING SECTION 26-78, "AMOUNTS OF PENALTIES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO INCREASE TO $3.00 THE CIVIL PENALTIES FOR PARKING IN THE CASE OF TIME VIOLATIONS AND VIOLATIONS FOR NOT PARKING BETWEEN DESIGNATED LINES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante asked if they can change the fee in this ordinance on First Reading. Council members concurred that $3 is not enough and $5 would be more adequate. Mrs. Durante suggested $10; the other council members felt that $10 was too high. Mr. Bird stated that if the violators don't pay on time, it will be $10. Mr. Bird moved for passage of Ordinance No. 80-80 on First Reading with the amendment that where it currently reads "$3.00" it be changed to "$5.00", seconded by Mrs. Durante. Before roll call the following disussion was had: The City Manager inquired about civil penalties. It was the consensus of Council that the civil penalty shall remain as it is, at $5.00, and that if people don't pay their fine within 5 days, it's $10.00 total. Mr. Bird amended his ~otion to include the consensus, 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. Mayor Weekes declared the meeting adjourned at 9:30 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 25, 1980, which minutes were formally approved and adopted by the City Council on~.~. 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. - 19 - 11/25/80 302