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06-25-79 JUNE 25, 1979 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, June 25, 1979, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, Assistant City Attorney Clifford Shandy, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard~V. Young, present. 1. The opening prayer was delivered by Reverend Jim Smith, Grace Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for the approval of the minutes of the regular meeting of June 11, 1979, and the special meeting of June 12, 1979, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mr. Bird stated that he would like to discuss the subject of a memorandum he received having to do with civil defense at a workshop meeting sometime next month. 4.a.2. Mr. Bird stated that there was a recent action taken by the Community Appearance Board which was brought to his attention, specific- ally related to the tendency of that Board to reduce signs in size below the maximum authorized by the ordinance. This makes it very difficult for those who work with signs to do an intelligent plan. He suggested that the Sign Ordinance Committee be instructed to address this matter. Mr. Bird moved that Council instruct the Community Appear- ance Board to accept sign sizes as permitted by the ordinance except in cases where they can demonstrate that the result would be bad as viewed by the average citizen, seconded by Mr. Young. Mayor Weekes suggested that Council ask the Community Appearance Board to meet with them at a workshop and discuss this matter and also the possibility of their not having to approve certain kinds of signs because they're acting primarily as a sign approval board. Mr. Bird stated that he doesn't believe that it is the job of the Community Appearance Board to reduce the size of signs; he thinks it is Council's job and not theirs. The Community Appearance Board's charter instructs them to protect the citizenry from people who would put up signs which are offensive. Mr. Bird withdrew his motion for the purpose of having it on the next workshop and Mr. Young withdrew his second. Mayor Weekes requested the City Manager to contact the Community Appearance Board and ask them to sit with Council at the next workshop meeting and Council will have them first on the agenda so that they won't be unduly inconvenienced. 4.b.1. Mrs. Durante stated that now that school is out Pompey Park is being used very heavily by young children and they ride their bi- cycles there. There is no bicycle rack and there are at least fifteen or twenty bicycles parked in the doorway because they don't have any- where else to park their bicycles. She asked if there were funds available for a bicycle rack at Pompey Park. The City Manager replied that they will have a bicycle rack put in at Pompey Park. 4.b.2. Mrs. Durante stated that about a year ago the City Admini- stration was asked to look into the feasibility of this City going into picking up newspapers. She asked for an update on this. The City Manager was requested to look into this. 4.c.1. Mr. Scheifley stated that at the last meeting he suggested that the Administration and the Planning & Zoning Board give consider- ation to changing the form of the preamble on the letters on site plans which come from various departments. He asked if any consideration'.has been given to his suggestion. The City Manager reported that he met with Mr. Carey, Chairman of the Planning & Zoning Board, the Planning Director and the City Engineer on Mr. Scheifley's comments and they came to exactly the same conclusion. They decided that the word "comments" will be left off in the future. 4.d.1. Mr. Young stated that the City Attorney has attempted to go to the County and get some relief from the easement problem that Mr. Duvall has been fighting in High Point. 4.d.2. Mr. Young stated that in regard to the Special Achievements Award note that they got from the City Manager, he would like to go on record in complimenting Mr. Scheifley for the wonderful work that he has done in regard to the Sister City Award Program. 4.e.1. Mayor Weekes stated that out of deference to the people from High Point who are here tonight to see what progress has been made in alleviating the flooding conditions there, they will discuss that now. As Mr. Young stated, in regard to the easement, the owner of the prop- erty abutting High Point has refused to grant a voluntary easement across his property. Therefore, the City Attorney was instructed last week to contact the County Attorney to institute whatever legal action is necessary to condemn an easement across that property for the pur- poses of running a drain line. Mr. Young stated that the City Attorney has spoken to the County Attorney on that matter and the outcome is that he is going to take action on it and one of the problems that has been arising is the fact that Mr. Duvall who owns that property would like to get a rezoning of his property; this is one of the stumbling blocks. Mayor Weekes stated that he views that as an entirely different problem than the one they are addressing. It's illegal for cities to engage in contract zoning and he thinks the matter of Mr. Duvall's zoning classification, if and when he applies for annexation, should be treated on its own merits. He would not agree to bargain with him. Mayor Weekes stated that a matter of great concern is the Davis Road culvert and bridge. Since their meeting last week, Mr. Bird appeared before the County Commission and expressed their concern. Since that time he met with Mr. Gregory and Mr. Gregory then contacted the'City Manager. The City Manager has also had a couple of conver- sations with Mr. Kahlert, County Engineer, and he thinks that they finally have things moving. The quickest solution to be problem as viewed by both the City staff and the County staff is Simply to remove the culvert in its entirety for the present time. That can be done fairly readily and at no great expenditure of funds. It's entirely possible that the bridge will have to be replaCed but it would be re- placed with a box type bridge which would be adequate to carry the water flow through there in times of emergency. The City Manager reported that Mr. Kahlert and he discussed today the memorandum that he wrote to Council last Friday concerning. this matter. Mr. Kahlert said that he was in agreement with it and he counter-proposed that they do just as the Mayor related; not go the whole way at the present time, merely remove the culvert and then proceed with consideration of funding for the bridge at a future date. Mr. Kahlert said he would have a letter back to them this week with regard to that. Mayor Weekes stated that in regard to replacing the bridge, he has spoken with Mr. Tate because he thinks that Mr. Tate has a stake in this; it's the runoff from his project which in part causes the problem and he has Mr. Tate's assurance that he will participate in the financial.burden of replacing that bridge. - 2 - 6/25/79 4.e.2. Mayor Weekes staten that the Sister Cities Program has been selected to receive a special achievement award in the 17th Annual Sister City Awards Contest sponsored by the Readers Digest Foundation. The honor is a tribute to Delray's Sister City Program and to the citizens of the community who have contributed so much to help the understanding throughout the world through participation in the sister city. The award will be presented on August 18, 1979 in Louisville, Kentucky and they should all be proud of their Sister City Committee; he thinks they owe them a debt of gratitude for their dedication and for the work that they've done. They would like to have $250 to help defray the expense of sending someone from the Sister City Program to Louisville; the Committee and individual donors will contribute to the cost of that trip. Mr. Young moved that unless Mayor Weekes attends, to have Mr. Scheifley go down to accept that award and that the City pay his transportation down there. The motion died for lack of a second. Mayor Weekes stated that if someone is sent from this Council, it should be Mr. Scheifley because he was the Mayor when the Sister City program was instituted and he guided it thrOugh. In his opinion, the Committee has done the work and if they are going to assist somebody financially in going to Louisville, Kentucky, it should be somebody from the Committee who has made this award possible. It was the consensus of Council to discuss the expenditure of $250 at a future workshop meeting. 5.a. Mrs. Alfreda Forbell asked what has happened to the beautiful beach. It is filthy and dirty and filled with seaweed. Mr. Bird stated that there was a request made some time ago , that the City come up with additional funds to adequately maintain and clean the beach. It seems to them that the only way to appropriately do that is to charge a use fee for the beach; the fairest way to do that is going to be to assess a parking fee for everyone, those funds to be used to beautify and maintain the beach. He doesn't think that the fees that are anticipated are unreasonable. 5.b. A lady in the audience stated that the walks near the beach are covered with sand and nothing has been done about it. Mr. Bird stated that they all realize that there is a tremendous amount of additional work but that requires additional dollars and what they're trying to do now is generate the funds so that they can do the work they all recognize must be done. Mr. Scheifley stated that he agrees with Mr. Bird in regard to having parking meters on the beach and, in addition to that, he thinks that they should explore the legality and advisability of a resort tax; more than 50% of the people who use the beach are from out of the City limits and since they have about $278,000 a year for life- guards, he thinks it should be shared by the visitors who come here mainly for the beach and other recreation and they should contribute to that charge. He thinks it's unfair to the taxpayers of this City to pay almost $300,000 for a service from which they only benefit to a limited extent. It was Council's consensus that Mr. Scheifley's suggestion be added to the upcoming workshop agenda. Mr. Bird suggested that someone look into the legality of a resort tax before they discuss it at workshop. 6.a.1. The Assistant City Attorney stated that he spoke with the City Attorney shortly before the meeting and he mentioned about five items. Two of them refer to the Comprehensive Plan; the City Attorney conferred by telephone with the Division of State Planning and the City of Delray Beach has received an extension for the adoption of the Comprehensive Plan from July 1 to October 1, 1979. - 3 - 6/25/79 6.a.2. The Assistant City Attorney reported that authority is requested for the City Attorney to transmit a letter to the Division of State Planning in which he would state that there would be two City Council public hearings; one on September 10, 1979, and the other on September 24, 1979, so that notice can be published sixty days prior thereto by the Division of State Planning. (See item 10.a.). 6.a.3. The Assistant City Attorney reported that Council, by motion, should authorize the transmittal of a copy of the proposed Coastal Zone Protective Element to the Department of Environmental Regulation pursuant to statute. (See item 10.b.). 6.a.4. The Assistant City Attorney reported that Council should authorize the Administration, by motion, to send a letter on behalf of the City requesting energy planning assistance from the Treasure Coast Regional Planning Council and that will require some employee to give substantial time to work with the Treasure Coast Regional Planning Council. (See item 10.c.). 6.a.5. The Assistant City Attorney reported that revisions to the Ocean Qutfall Agreement are being made and will be sent out tomorrow to the bond lawyers and the Boynton Beach City Attorney. 6.a.6. The Assistant City Attorney reported that proposed Ordinance No. 47-79 for High Point of Delray West authorizes the City Council to make variations in the charges and rates set forth in Chapter 27 of the Code of Ordinances and it is up tonight for First Reading consideration and the Second and FINAL Reading would be on July 9th; Council might wish to have this ordinance become effectiv~ upon passage on Second Reading rather than waiting the usual ten days. (See item 8.h.). Mr. Young stated that regarding the Ocean Outfall Agreement he spoke to the City Attorney today and he said that he has been assured that they will get a reply from the two attorneys in New York before July 9th and the Board will be able to take it up at the July 12th meeting. Mr. Scheifley stated that if this isn't finally agreed and the plant opened by July 9th, Mr. Russell, Mr. Martin and Mr. Blair said that the City will have to have a mothball plan; they can not go on indefinitely and have a plant and expect it to run while it's lying in a dormant state. Mayor Weekes stated that he will have a conversation with the City Attorney and, if there appears to be any likelihood that they can't get agreement by the present means by that time, then he is going to ask Council to come back in special session to authorize and instruct the City Attorney to go to New York, if that's necessary, and have Boynton send Jim Vance with him, if that's necessary. 6.b. Representative Watt gave a presentation relative to State Legislation. The Code Enforcement Bill is a bill they were able to get through the legislature; it deals only with Palm Beach County. It provides the option for all 37 cities in Palm Beach County to create what is called a Code Enforcements Board. The purpose of this board would be tQ handle the enforcement of City ordinances that do not have a comparable State ~statute; he gave some examples and outlined the func- tions of the board. The City Attorney will get a model ordinance to look at. Mr. Watt further stated that one of the first items that he thinks is going to be of significant interest to the cities in the State is the repeal of the prevailing Wage Law. A second issue is the double tax issue; he knows that Delray Beach is concerned about it. This item was brought to their attention by the Sarasota case last year; the legislature in this session amended the double tax statute to provide that all County revenue shall be spent on the basis of the double tax- ation statute. Another bill that will have significant impact is the Financial Emergencies Bill. Unfortunately there are a few cities in this state that have all the ingredients for financial disaster. The research that was done by the legislature showed that no City in Florida is at that point yet. The Financial Emergencies Bill will, hopefully, - 4 - 6/25/79 prevent through the use of thresholds and reporting data any City in Florida from a disaster. Another bill which he thinks is a plus to the cities has to do with recorded municipal liens. Most cities have recorded liens in regard to lot clearing, demolition, etc., and up until now whenever there was a tax deed sale, the owner of that property didn't pay the municipal lien and then didn't pay his taxes. He intro- duced a bill to preserve the municipal liens after a tax deed sale if not enough revenue was generated. Mr. Watt informed Council that unfortunately there were a few things done that were not so good. One problem is that the legis- lature in the last few hours adopted a tax relief package that included in it a 5% sealing on revenue; what this means is that the City of Delray Beach will not be able to generate more than 5% additional revenue from ad valorem taxation as compared to last year, exclusive of new construction. Another item which may cause some concern is that cable TV rates are now deregulated by State statute; no city can set cable TV rates. Another item of significant impact is that the utility tax in regards to L.P. Gas was changed from the percentage basis to the four cents a gallon which amounts to about a 5.1 million dollar reduc- tion in revenue to the cities of this State. They tried hard to amend the annexation statute; the annexation law that they have right now is really a nullity. There reallY hasn't been any annexation in this State for the last few years except voluntary annexation. Eventually this legislature is going to have to address the issue of annexation. They did pass what he believes to have been a good law in the House but, unfortunately, the Senate didn't take it up. Lastly, they have a new State gem in the State of Florida. They introduced a bill to change the state gem from moonstone to ago- tized coral which is a very beautiful specimen and is something that is available in Florida. Mayor Weekes thanked Jim Watt, representative of the State Legislation, for his assistance to the cities of the State of Florida during the last session of the legislature and for taking the time to speak to them. 6.a.6. Mayor Weekes stated one of the things that the Assistant City Attorney mentioned was the consideration of Ordinanance No. 47-79. That ordinance is not on the agenda and he requested that Council con- sider that as item 8.h. 6.c. The City Manager reported that it is recommended that Council authorize payment of $150 for annual membership dues in Sister Cities International, with funds to come from the General Fund Con- tingency Account. Mr. Scheifley moved that Council authorized payment of $150 for annual membership dues in Sister Cities International with funds to come from the General Fund Contingency Account, seconded by Mr. Young. Said motion passed unanimously. 6.d. The City Manager reported that Council heard a request for water service for Palo Verde, a 174-unit development planned for the west side of Military Trail in the vicinity of the Del Aire development at a workshop meeting on June 4th and referred it to regular meeting agenda. Approval is recommended in accordance with the standard pro- cedure that payment be made to the City's Development Fund in accordance with the established fee amount which would result in a payment to the City of some $95,625.00. Mr. Scheifley stated that if Council should approve this, he'd like to know when the first drawing of water would take place. A - representative of the applicant stated that it would be about a year. Mr. Scheifley asked if they would be drawing on water prior to the time the expansion of the water plant is completed. The City Manager stated that there is no problem on that. The approval can be given if Council wishes to give it in such a way that the City Attorney will see that the annexation agreement is worded so that the City has the annexation option in its favor. - 5 - 6/25/79 Mr. Bird asked for a date by which they can expect the water plant's improved capacity to be available. The City Manager stated that he doesn't have a date handy but they have determined that the water needs of this development would not conflict with the water supply. There is a good possibility that the City is going to increase the water supply by 75% even ahead of expansion. Mr. Bird stated that if it is the intention of Council to not annex west of the centerline of Military Trail, is there any reason that they can't make a simple service agreement and still derive revenues and sell water to any development west of Military Trail, if they so desire. The City Manager stated that he thinks that is a reasonable approach and the attorneys can work that out, he sees no reason why it can't be done. It would accomplish the same purpose with less risk. The Assistant City Attorney stated that, if in this case they authorize water service, then they would probably have to amend their Comprehensive Plan because it provides for the elimination of septic tanks. Mr. Young stated that presently ~he pressure at the plant has been reduced by at least 25% and that has been done because they've had these extremely high temperatures and lack of rain and this thing is going to continue. In many instances the citizens of Delray Beach cannot irrigate their lawns. The citizens of Delray Beach should be the first to be considered in this regard and he is opposed to going along with taking this water away from Delray Beach. Even though they do increase their output, they're still not going to increase it at the rate of the flow of the increase in building that they have here. Mayor Weekes suggested a caveat placed in the contract that no water service will be provided until the new plant is in service. Mr. Young replied that he would go along with that. ~ Mr. Carey, Chairman of!the Planning & Zoning Board, reported that at their public hearing last Tuesday, they dealt with a petition from the Laver Racket Club requesting an additional site and development and conditional use approval for ten acres of land to the north of Town and Country Estates. Several of the citizens of that community raised the question about water service to their area; they were asking how the City can approve an additional 138 units on their northern boundary at a time when they can't run their sprinkler systems and they can't flush their toilets. It's a good and valid question and it continually comes up at their meetings. They're approving projects which have the affect of drawing down the service available to the citizens of this community. He thinks that until such time as the new plant can demonstrate its ability to service the present citizens of this community and those projects currently on the drawing board, any other additional service rendered beyond that point should be conditional on the acceptance of a plant that will service all of us. Mrs. Durante noted that every time they talk about providing water to a subdivision, they always get approval is recommended; no problem with water service. Yet they keep hearing people say that they _ don't have any water service. Why is it that they get these recommended approvals and yet all the citizens are complaining about water. The City Manager replied that they are talking about two different things; people are talking about water pressure and water supply that they're not getting today. They're talking about providing this additional water capacity after the new plant is expanded; they're not talking about doing it now. But the developer needs to enter into an agreement now so they will know what water source they are planning on. He thinks that they should put in the provision that was suggested by the Mayor or some similar provision. Mrs. Durante asked if they need to make a policy statement that from this point on that any new water services would be after the plant is completed except for those that are presentlY within the corporate limits of the City. Mayor Weekes stated that he thinks there is a consensus that they should put this kind of a caveat on any water supply that they consider to service beyond their corporate limits from now on; that no water be granted until the plant is enlarged sufficiently to take care of it. - 6 - 6/25/79 Mrs. William Matthews, 1024 White Drive, stated it seems to her that Military Trail runs the length of the City of Delray Beach. They're talking, at the moment, of supplying water to one development which extends 3/4 of a mile west of Military Trail; that's one rela- tively small development. When they're talking about the whole length of Military Trail and prospective developments the length of that which may go one half mile, a quarter mile or a Whole mile west of Military Trail, she wonders whether or not they are now becoming a regional water treatment plant or a mini one in the same sense that they're a regional sewage treatment plant except that they don't have any federal money to pay for it. If they grant water to each development that's west of Military Trail, they just don't have anywhere to stop. Mayor Weekes stated that those people to whom they are furnishing water west of Military Trail, while they're not getting any federal funds, Mr. Tate is granting the City improvements somewhere between $800,000.00 and $1,000,000.00. It was brought out that this gentleman would pay into the City about $92,000.00 in addition to which they pay 125% of what the City pays for the water for those of us that are in the City. So he doesn't think that anyone could argue that they are self-funding. Mrs. Matthews asked if they would, at some time in the future, consider setting a limit as to how far west.they go. Mayor Weekes suggested the E-3 Canal as the limit; it's a natural boundary and he doesn't know why a quarter mile was ever chosen in the first place. Mr. Scheifley stated that in this case he agrees with Mr. Young and Mrs. Matthews and he feels that they have a question here of · doing something that may be financially desirable to the City; however, in this case the obligation to the citizens to provide good water with adequate pressure prevails. Mr. $cheifley moved that the City authorize water service to Palo Verde, west side of Military Trail, only upon completion of the expanded water plant and that they instruct the City Administration and the City Attorny to use the standard water agreement without the annex- ation caveat if they can work it out, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante -Yes; Mr. Scheifley - Yes; Mr. Young - No; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. 6.e. The City Manager reported that it'is recommended that Council authorize execution of a revised City - Russell & Axon engi- neering contract for Wells 5-W, 6-W, 7-W and 8-W. Council authorized the surveys and preparation of plans, specifications, and contract documents on April 24, 1978. This authorization includes consulting services during construction, resident inspection and permit document- ation for the project, which will be funded by the 1979 Water and Sewer Revenue Bond Issue. Mrs. Durante moved that Council authorize the execution of the revised City - Russell & Axon engineering contract for Wells 5-W, 6-~$, 7-W and 8-W, seconded by Mr. Bird. Said motion passed unanimously. 6.f. The City Manager reported that it is recommended that Council authorize execution of revised City - Russell & Axon engineering contract for Water Treatment Plant expansion and new South Pumping Station. This authorization supersedes the previous Expansion Authori- zation dated June 27, 1974. The engineering work included in the author- ization involves consulting services during construction, resident inspection and permit documentation and will be funded by the 1979 Water and Sewer Revenue Bond Issue. Mr. Scheifley moved that the City Council authorize the execution of a revised City - Russell & Axon engineering contract for Water Treatment Plant expansion and new South Pumping Station and the engineering work included in the authorization involves consulting services during construction, resident inspection and permit document- ation and will be funded by the 1979 Water and Sewer Revenue Bond Issue, seconded by Mr. Bird. Said motion passed unanimously. - 7 - 6/25/79 Mr. Castle, Russell & Axon, informed Council that the bid opening on the plant is scheduled for July 13th with funding to be available by September; they're shooting for a target date to sign the contract on about September 13th with a year and one half duration of the contract which will put the new expansion in about mid 1981. 6.g. The City Manager reported that as discussed at the June 18th workshop meeting, Council is to consider the appointment of an alternate member to the Civil Service Board. Mr. Young moved that Thomas Dennis be appointed to the Civil Service Board as an alternate member, seconded by Mrs. Durante. The City Manager stated that at the last workshop, he informed Council that he considered some urgency to be behind this request that Council consider appointing an alternate at tonight's meeting and the reason for that was that consideration was then being given by the Civil Service Board as to whether to disqualify Lieutenant Maginley from service on the board during the Wymbs hearing that is coming up this week. Since that time, the Civil Service Board has determined in a meeting today that Lieutenant Maginley will not be disqualified; therefore, he will presumably serve on the Civil Service Board so it is not so urgent that an appointment of an alternate be made tonight. Mike Brody came to him the day before he was to leave for vacation and told him that he was resigning from the Housing Authority and that he would like to serve in some other capacity with the City. During the discusson, the question came up of his possible service as an alternate on the Civil Service Board and he said that he would be willing to serve as an alternate on the Civil Service Board if Council so wished. Mr. Bird stated that since Mr. Brody's time schedule is more flexible than Mr. Dennis's, it might be appropriate to continue consider- ing Mr. Young's reoommendation of Mr. Dennis for this position and then consider Mr. Brody for that new board if Council chooses to enforce that board. Mrs. Durante asked if a Council appointed Civil Service Board member can be an alternate for one that's elected by the staff. The City Manager advised that that question along with several others have been referred to the City Attorney's office. Mr. Schiefley stated that it seems to him that since the urgency for this appointment has disappeared that Mr. Bird's suggestion should be discussed with Mr. Brody to get his reaction. Mr. Young withdrew his motion and Mrs. Durante withdrew her second. It was the consensus of Council to discuss this at a workshop meeting. 6.h. The City Manager reported that it is recommended that Council authorize submitting the surplus City property for sale. Mrs. Durante moved that Council authorize the sale of the City's surplus property, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Scheifley noted that there are four tennis rackets on the list of items for sale and suggested that those be given to Pompey Park because they are in need of such equipment. The City Manager agreed to look into it. At this point the roll was called to the motion. 6.i. The City Manager reported that it is recommended that Council authorize execution of an agreement between the City and the Urban League of Palm Beach County for the Summer Youth Employment Program to provide summer work experience for community youth. The program will run from June 19, 1979 through July 30, 1979. - 8 - 6/25/79 Mrs. Durante moved for the approval of the execution of the agreement between the City of Delray and the Urban League of Palm Beach County for the Summer Youth Employment Program, seconded by Mr. Scheifley. Said motion passed unanimously. 6.j. The City Manager reported that it is recommended that Council approve execution of an 'Amended Agreement between the City and Palm Beach County relative to CETA Title II program of indefinite dura- tion. This Amended Agreement will insure that the program will be operating within the new Rules and Regulations of the CETA Amendments of 1978. Mr. Scheifley moved that Council approve execution of an Amended Agreement between the City and Palm Beach County relative to CETA Title II program of indefinite duration, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: In response to Mrs. Durante, the City Manager stated that he asked Public Works the other day in the budget session and they said that they don't need any additional employees, CETA or otherwise, for the dog program. At this point the roll was called to the motion. 6.k. The City Manager reported that it is recommended that Council authorize the transfer of $6,000 from the General Fund Contin- gency Account for payment of services rendered by Candeub, Fleissig and Associates relating to a housing and community improvement action program. Council, at its September i1, 1978 meeting approved the agreement at a cost of $6,000. Mayor Weekes asked how much money that would leave them in , the General Fund Contingency Account. The City Manager replied about $3,900.00 will be left. Mrs. Durante moved for the authorization to transfer $6,000.00 from the General Fund Contingency Account for the payment of the services rendered by Candeub, Fleissig and Associates, seconded by Mr. Bird. Said motion passed unanimoulsy. 6.1. The City Manager reported that it is recommended that Council give consideration to retaining Larry Marchbanks as legal coun- sel for the Civil Service Board in the Wymbs case at a fee of $75 per hour. Mr. Bird moved that Larry Marchbanks be retained as legal counsel for the Civil Service Board in the Wymbs case at a fee of $75 per hour, seconded by Mr. Young. Said motion passed unanimously. 7.a. The City Manager reported that the City is in receipt of an application from Robert D. Weisman, Trustee, for City water service to serve a 1½-acre parcel of land on West Atlantic Avenue, across from the Hamlet entrance, located outside the City. The applicant having exe- cuted the City's standard agreement for the providing of water service outside the City conditioned upon the applicant's property being annexed into the City when such is eligible for annexation, approval of the applicant's request for water service is recommended. The request for City water service is to serve a development of neighborhood shops to be known as The Hamlet Shops. Mayor Weekes stated that if they determine to furnish these people with water and sewer, he would like for that annexation agreement to be executed and he would like for the City Attorney's office to immediately proceed to determine whether or not they are contiguous under the law. Mr. Young moved that Council approve the request for water and sewer service West Atlantic Avenue, across from the Hamlet entrance subject to the agreement for annexation, seconded by Mr. Bird. Said motion passed unanimously. - 9 - 6/25/79 8.a. The City Manager reported that the following quotations have been received for installation of a six-foot chain link fence for Pompey Park Recreation Center: Bidder Quotation Southern Fence Company $7,511.00 Boca Raton Federal Fence Company 7,526.00 Ft. Lauderdale Mario Auricchio Fence Division, Inc. 7,966.33 Plantation Bill Overton's Budget Fence Co., Inc. 9,518.00 West Palm Beach It is recommended that the contract be awarded to the low bidder, Southern Fence Company in th~ amoun~of $7,511.00 by passage of Resolution No. 45-79. Council authorized installation of the fence at the June llth meeting. The City Manager presented ResQlution No. 45-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE INSTALLATION OF A CHAIN LINK FENCE FOR POMPEY PARK RECREATION CENTER. (Copy of Resolution No. 45-79 is on file in the official Resolution Book) Mr. Bird moved for the passage of Resolution No. 45-79, 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. Bird asked how much money will be left in the General Fund Contingency Account after they've taken out for this fence. The City Manager replied that the money to pay for this fence had already been subtracted from the Contingency Account balance so the figure that he said earlier still holds, about $3,900.00. Mrs. Matthews asked if there was any possibility of post- poning this fence until October 1st. The City Manager replied that it would not be wise to do that. 8.b. The City Manager reported that the following quotations have been received for replacement of the roof on the Police Station: Bidder Quotation _ Boca Raton Roofing Company $19,176.00 Boca Raton Ray Roofing Company, Inc. 19,600.00 West Palm Beach Atlantic Roofing Company 18,755.00 Davie It is recommended that the contract be awarded to Boca Raton Roofing Company in the amount of $19,176.00 by passage of Resolution No. 46-79. Council, at the June llth meeting, authorized replacement of the Police Station roof. - 10 - 6/25/79 The City Manager presented Resolution No. 46-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR INSTALLATION OF A NEW ROOF FOR THE POLICE STATION AT 200 S.W. 1ST STREET. (Copy of Resolution No. 46-79 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 46-79, 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 the following discussion was had: Mr. Young stated that the last time they discussed this there was some question about whether or not the City Administration could find out who put the original roof on and whether there was still any bonding respons- ibility on their part. The City Manager reported that there's no bonding responsibility; that had been determined prior to the time they discussed this. It was not known at the time of their discussion whether the company to which they wanted to award this contract did the original job; it has been determined that they did not. This resolution does hot provide a funding source. There is a good possibility that at the end of the year they will have to transfer excess funds from some activity to the Police Department budget to pay for this unless there are enough vacancies during the year in the Police Department or they pick up some money elsewhere within the department to cover this. They'll cover it at the end of the year. At this point the roll was called to the motion. 8.c. The City Manager reported that Ordinance No. 42-79 amending Chapter 23 "Streets and Sidewalks" of the Code of Ordinances to require visible street number signs on all buildings and to require the Fire Department to establish and maintain a map reflecting street numbers is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the June llth 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. 42-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23 "STREETS AND SIDE- WALKS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 23-2(h) TO REQUIRE VISIBLE STREET NUMBER SIGNS ON ALL PROPERTIES HAVING A BUILDING THEREON; AMENDING SECTION '23-3 TO REQUIRE THE FIRE ' DEPARTMENT TO ESTABLISH AND MAINTAIN A MAP REFLECTING STREET NUMBERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 42-79 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. Young moved for passage of Ordinance No. 42-79 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 11 - 6/25/79 Before roll call the following discussion was had: Mr. Bird thanked the Homeowners Federation who were one of the motivatin§ forces. Mayor %;eekes asked what they will do about houses that sit way back on the lot. Mr. Bird replied that the ordinance says that they must have it on the property so as to be visible. In response to Mrs. Finst, the City Manager stated that the Fire Department will determine what is the accurate number for a property. At this point the roll was called to the motion. 8.d. The City Manager reported that Ordinance No. 43-79 relative to rezoning and placing land zoned PRD-7 (Planned Residential) District in RM-10 (Multiple Family Dwelling) District, located on the southwest corner of Congress Avenue and the L-30 Canal is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the June llth 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. 43-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD-7 (PLANNED RESIDENTIAL) DISTRICT IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTHWEST CORNER OF CONGRESS AVENUE AND THE L-30 CANAL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 43-79 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 passage of Ordinance No. 43-79 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. 8.e. The City Manager rePorted that Ordinance No. 44-79 relative to rezoning and placing land zoned PRD-7 (Planned Residential) District in PRD-4 (Planned Residential) District, located on the north side of Lake Ida Road between Davis Road and Congress Avenue is before Council for consideration on Second and F~NAL Reading. This ordinance was passed on First Reading at the June llth meeting. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 44-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACIN~ LAND PRESENTLY ZONED PRD-7 (PLANNED RESIDENTIAL) DISTRICT IN PRD-4 (PLANNED RESIDENTIAL) DISTRICT, A PARCEL OF LAND IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED ON THE NORTH SIDE OF LAKE IDA ROAD BETWEEN DAVIS ROAD AND CONGRESS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 44-79 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. - 12 - 6/25/79 Mr. Bird moved for passage of Ordinance No. 44-79 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that'Ordinance No. 45-79 relative to rezoning and placing land zoned R-1AA (Single Family Dwelling) Dis- trict and RM-15 (Multiple Family Dwelling) District in SAD (Special Activities) District, located on the southwest corner of Atlantic Avenue and Congress 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 July 9, 1979. Council, at the June llth meeting, directed the City Attorney to prepare the ordi- nance effecting the rezoning. The City Manager presented Ordinance No. 45-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY) AND RM-15 (MULTIPLE FAMILY) DIS- TRICTS, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 9.88 ACRES, LOCATED ON THE SOUTHWEST CORNER OF ATLANTIC AVENUE AND CONGRESS AVENUE BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 45-79 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 the following discussion was had: Mr. Scheifley asked if they approved the site plan for this. The City Manager replied that they hadn't. Mayor Weekes stated that he thinks that the Planning & Zoning Board has approved a site plan. Mr. Carey stated, in response to Mr. Scheifley, that there will be an ordinance for every piece of property in Delray Beach rezoned to SAD; this is the fourth one. At this point the roll was called to the motion. 8,g. The City Manager reported that Ordinance No. 46-79 granting a waiver of all plumbing, electrical, paving and air conditioning permit fees and other like permit fees otherwise required for the construction of the Stewart Arms project is before Council for consideration on First Reading. This was discussed at the June 18th workshop meeting. The City Manager presented Ordinance No. 46-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A ONE TIME WAIVER TO THE DELRAY BEACH HOUSING AUTHORITY OF A PORTION OF THE PLUMBING, ELECTRICAL, PAVING AND AIR CONDITIONING PERMIT FEES AND OTHER LIKE PERMIT FEES OTHERWISE REQUIRED FOR THE CON- STRUCTION OF THE STEWART ARMS PROJECT; PROVIDING THAT THIS ORDINANCE SHALL NOT BE CODIFIED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. T~e~ City Manager read the caption of the ordinance. The City Manager stated that in Section 1 of the ordinance it reads that the City Council of the City of Delray Beach, Florida, hereby accepts the amount of $3,300.00 from the Delray Beach Housing Authority as full payment etc. The Housing Authority has paid to the City $3,721.00 already for building permit fees and a fence permit fee and what was intended here was that this ordinance would call for pay- ment of an additional $3,300.00 over and above the $3,721.00 they have already paid. - 13 - 6/25/79 In response to Mr. Sheifley, the Assistant City Attorney stated that they can clarify the ordinance between First and Second Reading or they can make the change now. The wording will read "that the City Council of the City of Delray Beach, Florida, hereby accepts the amount of $3,300.00 in addition to what has already been paid by the Delray Beach Housing Authority as full payment". Mr. Bird moved for passage of Ordinance No. 46-79 on First Reading with the change recommended by the Assistant City Attorney, seconded by Mr. Young. Upon roll call the 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. Scheifley suggested that at the next workshop meeting they schedule consideration of changing the name of this project from Stewart Arms to something else. Mayor Weekes stated that he thinks that has already been suggested and Mr. Durden has accepted that suggestion. The City Manager advised that he thinks it is the Housing Authority's prerogative to change the'name, not City Council. Mr. Scheifley moved that the City Manager write to the Housing Authority expressing the wishes of the Council that they change the name of Stewart Arms to something else, seconded by Mr. Young. Mayor Weekes stated that he thinks the motion is superfluous since Ms. Williams and Mr. Durden are both in the room and they both heard the suggestion. Mr. Durden has publicly stated that he thinks it's a good idea and they're attempting to change the name right now. Mr. Durden stated that the reason they haven't taken that on yet is because of the paperwork involved and the changes that would have to be made in Washington and Jacksonville. After they get everything .settled, they will change the name. Mr. Scheifley withdrew his motion and Mr. Young withdrew his second. 8.h. The Assistant City Attorney reported that Ordinance No. 47-79 authorizing City Council to make variation in the charges and rates set forth in Chapter 27 of the Code of Ordinances is before Council for consideration on First Reading. The reason for it is be- cause of the water tower and the connecting fees. The Assistant City Attorney presented Ordinance No. 47-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDI- NANCES BY REPEALING SECTIONS 27-1 AND 27-2(c) AND ENACT- ING A NEW SECTION 27-1 TO PROVIDE THAT ANY RECIPIENT OF WATER AND SEWER SERVICE FROM THE CITY SHALL PAY THE RATES APPLICABLE IN CHAPTER 27 UNLESS A WRITTEN AGREEMENT IS ENTERED INTO WITH THE CITY SPECIFYING OTHER TERMS AND CONDITIONS FOR SUCH SERVICE AND ENACTING A NEW SECTION 27-2(c) TO PROVIDE THAT ALL CHARGES TO USERS OUTSIDE THE CORPORATE LIMITS SHALL BE SET AT TWENTY-FIVE PERCENT ABOVE THE APPLICABLE CHARGES FOR USERS WITHIN THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Mrs. Durante moved that Ordinance No. 47-79 be referred to a workshop meeting, seconded by Mr. Scheifley. Said motion passed unani- mously. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on June 19th, recommended by unanimous vote that the conditional use approval request in the GC (General Commercial) District to allow a funeral home, located at the northeast corner of Atlantic Avenue and N.W. 6th Avenue be approved, subject to the following: - 14 - 6/25/79 1) Comments of the City Engineer as stated in his memorandum of June 15th. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of May llth. 3) Availability of water. 4) A time limitation of one year be set for development of the project. Council may act on this request tonight or refer it to a future workshop meeting. Mr. Schiefley moved that Council sustain the recommendation of the Planning & Zoning Board subject to the requirements as outlined in the preface to the agenda, seconded by Mrs. Durante. Said motion passed unanimouly. 9.b. The City Manager reported that an application has been received from Edward Mello to annex a 5,000 square foot parcel of land, subject to GC (General Commercial) District. The subject property is in Section 21-46-43 and is located at the southeast corner of Dixie Highway and Collins Avenue. It is zoned CN (Neighborhood Commercial) in the County. The property abuts the Delray Mall, which is south of the property in question. The Planning & Zoning Board at a meeting held on June 19th, recommended by a vote of 5 to 1 (Wallin dissenting) that the property be annexed to the City subject to GC (General Commercial) zoning, which is in conformance with the City's Land Use Plan. It is recommended that Council direct the City Attorney to prepare an ordi- nance effecting the annexation. In response to a question from Mr. Scheifley, Mr. Carey replied that Mr. Wallin's objection was spot zoning. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board and that the City Attorney be directed to prepare the ordinance, seconded by Mr. Bird. Said motion passed unani- mously. 10.a. The Assistant City Attorney asked Council to authorize the ~ity Attorney to transmit a letter to the Division of State Planning stating that there would be two City Council public hearings on September 10, and September 24, 1979. Mr. Bird moved for such authorization, seconded by Mr. Scheifley. Said motion passed unanimously. 10.b. The Assistant City Attorney requested that Council, by motion, authorize the transmittal of a copy of the proposed Coastal Zone Protective Element to the Department of Environmental Regulation. Mr. Bird moved for such authorization, seconded by Mr. Young. Said motion passed unanimously. 10.c. The Assistant City Attorney requested that Council authorize the Administration to send a letter on behalf of the City requesting energy planning assistance from the Treasure Coast Regional Planning Council. It was the consensus of Council to discuss this matter at a workshop meeting. Mayor Weekes declared the meeting adjourned at 9:30 P.M. ATTEST: MAYOR - 15 - 6/25/79 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 June 25, 1979, which minutes were formally approved and adopted by the City Council on~F?~ . ¥ Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City - Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 16 - 6/25/79