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09-10-79 SEPTEMBER 10, 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, September 10, 1979, with Mayor Leon M. ¥~eekes, presiding and City Manager J. Eldon Mariott, City Attorney' Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante and Willard V.- Young, present. Mr. Scheifley was on vacation. 1. The opening prayer was delivered by Reverend John Sanders, Cason United Methodist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of August 27, 1979, seconded by Mr. Young. Said motion passed unanimous ly. 4.a.1. Mr. Bird commended the City, its employees and especially the citizens for a fine job of preparing for Hurricane David. He urges all of the people who left the beach area to make sure they do the same thing next time and not be lulled into a false sense of security. 4.b.1. Mrs. Durante echoed Mr. Bird's comments and complimented the City, the Civil Defense people and the citizens for their precau- tions for Hurricane David. 4.b.2. Mrs. Durante stated that she is a member of the Metro- politan Planning Organization and the MPO is getting ready to adopt their Year 2000 Transportation System. She feels quite certain that a lot of citizens here in Delray Beach would like to attend the public hearing. It has been scheduled for October 4th at 3:00 p.m. at the Court House in the County Commissioner's Chambers. They will be sending a copy of the entire plan to the City of Delray. She sug- gested having a copy available in the City Clerk's Office for anyone who wants to look at it. If anyone would like to make some comments in writing, they can send them directly to the Metropolitan Planning Organization or give them to her or Mr. Church, City Engineer. 4.c.1. Mr. Young stated that there will be a meeting of the Municipal League on September 20th at 1:30 p.m. and anyone who wants to attend will be welcome. 4.c.2. Mr. Young suggested putting the boat, which the City has for sale, up with a broker. He has discussed this with the City Attorney and he believes it would be in order. It was the consensus of Council to refer this matter to the next workshop meeting. Mayor Weekes stated that he will be in Orlando on a seminar at the time of the Municipal League meeting and he asked Mr. Young to welcome the Muncipal League on his behalf. 4.d.1. Mayor Weekes presented a proclamation proclaiming the week of September 17 to September 23, 1979 as "Constitution %;eek". 4.d.2. Mayor ~eekes reported that he received a letter from High Point Section 6. The letter was to thank the Council and the Mayor for the cooperation in doing whatever they could to alleviate the conditions of potential flooding which exist there. 4.d.3. Mayor Weekes stated that he also has a letter from Mr. Field of Delray Beach opposing beach parking meters (see attached letter). 5. Mr. Ken Ellin~sworth requested that Council consider some ~'~nd of permanent and lasting recognition of Leroy Merritt who passed away last week. He was a fine person and a great citizen and he deserves some recognition. It was the consensus of Council to refer this to a work- shop meeting. 6.a.1. The City Manager reported that this item concerns' the Davis Road bridge. It has generally been thought that the County, the City and the High Point developer would share equally in that cost. He received a proposed copy of the agreement from the County. The agreement provides for the bridge to be constructed, as talked about., and to be paid for on the basis that he has just described. In making contact with High Point, he found that Mr. Tate has committed in sharing in the cost but he has agreed to a maximum expenditure of $15,000. He recommends leaving the agreement as it is but with a maximum participation on the part of the High Point developer in the amount of $15,000. If the cost exceeds $45,000, then the City and the County would share equally in the overrun and Mr. Tate would pay the $15,000. High Point is agreeable to that and the County Engineering Department is agreeable to making that recommendation to the Board of County Commissioners. The County is asking that the money be put in e sc r ow. Mr. Bird moved that Council authorize entering into a contract on the terms as outlined by the City Manager, seconded by Mrs. Durante. Said motion passed unanimously. 6.a.2. The City Manager reported that this item concerns drainage centered primarily in the Swinton Circle area; Swinton Circle, Atlantic High School and N.E. 2nd Avenue. Both the City and the County have a stake in the drainage problem that exists in that area. He recommends that Council authorize the expenditure of up to $5,000 as the City's share of engineering costs to determine the probable cost of correct- ing the drainage problem in this area. The money can be taken from the new budget. There has been much preliminary work done by both the City and the County Engineering Departments in a joint venture. Mr. Bird moved that the preliminary engineering work to a budget limit of $5,000 to come out of next year's budget be approved, seconded by Mr. Young. Said motion passed unanimously. 6.a.3. The City Manager reported that this item has to do with aluminum recycling. It has been thought up to this point that it would not be cost effective for the City to do this. However, the City recently received a proposal from a private corporation asking that the City permit them to set up their collection equipment and collect aluminum for a three hour period, one day a week. There would be no financial gain to the City but it would be a worthwhile program and would take that much collection of refuse off the City equipment. The applicant is requesting that they be permitted to use the parking area adjacent to Sterling Field on West Atlantic Avenue. He recommends that Council give its approval. Mrs. Durante noted that in their proposal they said they would locate their equipment in some unobtrusive section of the lot. She doesn't see how they can unobtrusively locate their equipment on Atlantic Avenue. The City Manager replied that it would only be for three hours a week and he thinks they feel that that would be near the heart of where they would expect to get their material. Mr. Bird suggested putting them on Second behind Sun Bank. He gave an alternate suggestion to let them try the site on Atlantic Avenue for a month to let it get known that they're collecting in town and then move them somewhere. Mr. Bird moved that the aluminum recycling collection be authorized for a maximum period of six months with the collection point to be located at Sterling field on West Atlantic Avenue for the initial month of collection and to be relocated after that to a less obtrusive site on City property, seconded by Mr. Young. - 2 - 9/10/79 After discussion, Mr. Bird amended his motion to include alternate sites if one can be found that is more acceptable to Mrs. Durante and to the recycler and move it off West Atlantic Avenue, seconded by Mr. Young. Said motion passed unanimously. 7.a. The City Manager reported that the City has been notified by the County that the County has received a~ petition from Villadelray Investors, Ltd. for the rezoning from AG (Agricultural) District to-CG (General Commercial) District in Section 11-46-43. This property is located at the southwest corner of Military Trail and Oak Hill Road. This request is in violation of the City's Land Use Plan which desig- nates this area for single family development. A public hearing on this application is to be held before the Palm Beach County Planning Commission on September 13th4 Council may indicate tonight what action, if any, it wishes the City to take on this application. Mayor Weekes stated that the question is whether or not they %.;ant to oppose the proposed rezoning. It's in the City's reserve area. Mrs. Durante suggested letting them know what the City shows it in the City's planning area. Mayor Weekes concurred with the suggestion and recommended doing so in a formal fashion to call their attention to the fact that the City's Land Use Plan calls for this area to be zoned differently. Mr. Bird moved that they write a letter to that effect and forward it to the appropriate parties, seconded by Mrs. Durante. Said motion passed unanimously. 7.b. The City Manager reported that the City is in receipt of an application from Paul W.A. Courtnell, Jr., Trustee, for City water service to serve a 9-acre site located in the southeast quadrant of West Atlantic Avenue and Military Trail, located outside the City. The applicant having executed 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 site which will be developed as a shopping center containing approximately 80,600 square feet. The proposed tenants include, but not limited to, Winn-Dixie Supermarket, Shopper's Drug, Bank, Restaurants and many local tenants. Mr. Bird moved that Council approve the request for water and sewer and the execution of the standard annexation agreement, seconded by Mrs. Durante. Said motion passed unanimously. 7.c. Mayor Weekes acknowledged the minutes of the Beautification Committee for the meeting held on August 1, 1979. 8.a. The City Manager reported that Resolution No. 67-79 affirm- ing determination on the Thomas J. Woolley, Jr. case is before Council for consideration. The City Manager presented Resolution No. 67-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AFFIRMING DETERMINATION OF THE CITY MANAGER'S DESIGNATED REPRESENTATIVE THAT A CONDITION EXISTS ON LOT 341, 3RD SECTION - TROPIC ISLE SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 37, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, O?~NED BY THOMAS J. WOOLLEY, JR., %~HICH CONSTITUTES A NUISANCE IN ACCORDANCE WITH SECTIOMS 15-4.1 AND 15-10 OF THE DELRAY BEACH CODE OF ORD INANC ES . (Copy of Resolution No. 67-79 is on file in the official Resolution Book) - 3 - 9/10/79 Mr. Bird moved for adoption of Resolution No. 67-79, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.b. The City Manager reported that Resolution No. 68-79 rela- tive to vacating and abandoning a 20-foot utility easement located within the Pelican Harbor development is before Council for consider- ation. The Planning & Zoning Board at a meeting held on August 21st, recommended by unanimous vote that the abandonment located within the Pelican Harbor development, northeast corner of U.S. No. 1 and the C-15 Canal be approved. This easement, which was granted under the Old Treaty Point development is in conflict with the present approved site plan for Pelican Harbor. Council, at the August 27th meeting, directed the City Attorney to prepare the resolution effecting the abandonment. The City Manager presented Resolution No. 68-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 20 FOOT UTILITY EASEMENT LYING IN TRACT 2, TROPIC TOWERS, AS RECORDED IN PLAT BOOK 29, PAGE 9, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 68-79 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution ~o. 68-79, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Young -Yes; Mayor Weekes- Yes. Said motion passed with a 4 to 0 vote. 8.c. The City Manager reported that Ordinance No. 53-79, amending Chapter 29 "Zoning" of the Code of Ordinances to allow racquet- ball clubs as a conditional use in the RM-10 and RM-15 (Multiple Family Dwelling) Districts is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 27th 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. 53-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-7(C) RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT AND SECTION 29-8(C) RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT BY ADDING RACQUETBALL CLUBS, AND THEIR ATTENDANT ACCESSORY USES AS A CONDITIONAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 53-79 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 the adoption of Ordinance No. 53-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 4 - 9/10/79 8.d. The City Manager reported that Ordinance No. 55-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 8 "Boats, Docks and Waterways" of the Code of Ordinances relative to mooring and anchoring of boats. This ordinance was passed on First Reading at the August 27th 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. 55-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8 "BOATS, DOCKS AND ~ATER~AYS" ARTICLE I, BY REPEALING SECTION 8-2 AND ENACTI~G NEW SECTION 8-2 TO CLARIFY RESTRICTIONS ON MOORING BOATS IN CERTAIN AREAS; ENACTING A NEW SECTION 8-3.1 TO RESTRICT THE ANCHORING OF BOATS IN CERTAIN RESTRICTED AREAS OF THE PUBLIC WATERWAYS; REPEALING SECTION 8-5 AND ENACTING A NEW SECTION 8-5 CONTAINING EXCEPTIONS TO THE PROHIBITION ON MOORING OR ANCHORING OF BOATS; ADDING NEW SECTION 8-6 REGARDING POSTING OF SIGNS AND SECTION 8-7 REGARDING DISPLAY OF PERMITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 55-79 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 adoption of Ordinance No. 55-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.e. The City Manager reported that Ordinance No. 56-79, amending Chapter 27 "Water and Sanitary Sewerage" of the Code of Ordinances relative to increasing charges for additional sewer tap connections is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 27th 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. 56-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 "WATER AND SANITARY SEWERAGE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 27-26 "ADDITIONAL SEWER CONNECTIONS; COST TO BE BORNE BY PERSON CONNECTING", TO INCREASE THE COST PAID BY THE O~ER TO THE CITY FOR ADDITIONAL SS~qER TAP CONNECTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 56-79 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. Mrs. Durante moved for the passage of Ordinance No. 56-79 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 5 - 9/10/79 8.f. The City Manager reported that Ordinance No. 57-79 is ~-~re Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 27 "Water and Sanitary Sewerage" of the Code of Ordinances relative to increasing charges for water meter installations. This ordinance was passed on First Reading at the August 27th 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. 57-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 "WATER AND SANITARY SEWERAGE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 27-2(b) "METERS, MINIMUM SIZE; COST OF INSTALLATION; USE OF FIRE HYDRANTS", TO INCREASE THE CHARGES FOR CERTAIN WATER METER INSTALL- ATIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 57-79 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 the adoption of Ordinance No. 57-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.g. The City Manager reported that Ordinance No. 58-79, amending Chapter 3 "Signs and Billboards" of the Code of Ordinances relative to clarification and updating of said ordinance is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 27th 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. 58-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3 "SIGNS AND BILLBOARDS" OF THE CODE OF ORDINANCES BY REPEALING SECTION 3-2(b) AND ENACTING A NEW SECTION 3-2(b); REPEALING SECTION 3-3(b)39 AND ENACTING A NEW SECTION 3-3(b)39; REPEALING SECTION 3-3(b)50 AND ENACTING A NE¥~ SECTION 3-3(b)50; AMENDING SECTION 3-5(7) AND 3-12(4); REPEALING SECTION 3-12(10) AND RENUMBERING SECTIONS 3-12(11) THROUGH 3-12(17); AMENDING SECTION 3-12(18) AND RENUMBERING (18) TO (17); RENUMBERING SECTION 3-12(19) and (20) to (18) and (19) RESPECTIVELY; REPEALING SECTION 3-14(E) AND ENACTING A NEW SECTION 3-14(E); REPEALING SECTION 3-14(F)(1)(b) AND ENACTING A NEW SECTION 3-14 (F) (1) (b) ; AMENDING SECTION 3-14(F) BY ADDING A PARAGRAPH (5); REPEALING SECTION 3-14(G)(4); AMENDING SECTIONS 3-15(A), 3-15(B) AND 3-15(D) (1) (a); AMENDING SECTION 3-15(D) (1) BY ADDING A SUB-PARAGRAPH (c); AMENDING SECTION 3-15(D)(2); REPEALING SECTION 3-15(D)(6) AND ENACTING A NEW SECTION 3-15(D)(6); AMENDING SECTION 3-15(D) ADDING A PARAGRAPH (9): PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 58-79 is on file in the official Ordinance Book) - 6 - 9/10/79 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. 58-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird -Yes; Mrs. Durante -Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Bird publicly thanked Mrs. Durante, Mr. Wallin and Mr. Ellingsworth for taking the time this summer to discuss all the various changes in the Sign Ordinance which they are agreeing to this evening. At this point the roll was called to the motion. Mr. Wallin of the Sign Committee stated that they have worked a long time on this and he requested that Council dismiss the committee. Mayor Weekes dismissed the Sign Committee. He stated that they have done an admirable job and thanked each and every member. Mr. Wallin stated that anytime the City needs them again, they would be more than happy to serve. 8.h. The City Manager reported that Ordinance No. 59-79 adopt- ing the 1979-80 municipal budget is to be presented to Council for consideration on First Reading following the holding of a public hearing on the budget and the holding of a public hearing on alloca- tion of federal revenue sharing funds. The City Manager further stated that since the presentation of the proposed budget to Council, workshop meetings have been held and some modifications have been made to the budget. Other changes can be made prior to adoption of the budget. The action taken tonight does not finalize the budget. The final budget adoption will be on September 24th. The City Manager explained that the federal revenue sharing funds is one of the seven funds that go together to make up the muni- cipal budget for Delray Beach. There are two proposed appropriations for the federal revenue sharing funds in a total estimated amount of $363,295 estimated revenue and estimated expenses against that totalling the same amount with the division being $361,095 for Police salaries and $2,200 for General Government. A public hearing was held on the federal revenue sharing funds. Mr. ~illiams representing the Falk Foundation and Center for group counseling stated that they submitted information to the City in regard to a budget request under the revenue sharing plan which would provide group counseling services for residents of the City of Delray Beach. Last year they served a total of 378 clients from Palm Beach County; of that total a number of 104 individuals from Delray Beach received services. What they are requesting is that the City support the services or contract for the services for those residents at the center for group counseling. That expenditure comes to a total of $13,500 of the total $67,000 budget that they operated upon last year. In the plan that they propose for the funds that are being submitted, they would like to rent more group space, contract for transporation to the center and to employ a driver. The public hearing was closed. - 7 - 9/10/79 The City Manager reported that there are six other funds: the first fund, General Fund, estimated expenses in the amount of $10,327,125 to be supported by estimated revenue in a like amount of $10,327,125; the second fund, Water and Sewer Fund, Department of Public Utilities, the total estimated expenditures $4,300,695 to be funded by estimated revenue in a like amount of $4,300,695; the third fund, the Regional Sewer Clearing Fund, the total estimated expendi- tures $648,020 to be funded by estimated revenue in a like amount of. $648,020; the fourth fund, Delray Beach Country Club, the total appropriations requested $607,685 to be supported by a total estimated revenue in a like amount of $607,685; the fifth fund, Cigarette Tax Fund, a total estimated expenditures amount of $147,970 to be supported by a total estimated revenue in a like amount of $147,970; the sixth fund, Utility Tax Fund, in a total estimated expenditure amount of $974,000 to be supported by a total estimated revenue in a like amount of $974,000. The seventh fund is the Federal Revenue Sharing Fund that the public hearing was just held on. A public hearing was held on Ordinance No. 59-79, the First Reading thereof, the proposed budget for the City of Delray Beach for fiscal year 1979-80. Mr. Tore Wallin, 2717 Florida Blvd., stated that he called the Administration this afternoon trying to establish the budget for next year regarding the sewer and water charges that would be upcoming. At that time, they did not have any figure for him. For that reason, he doesn't see how the City can adopt a budget which is not substanti- ated. He would like to see this done prior to adoption of sewer and water charges. Mr. Fred Blaser, 1590 Gallinule Drive, stated that they only have 14 days until final adoption of the budget and asked for the present status of the merit plans. The City Manager replied that very little has been done on it during the last two weeks and he expects to have communication and dialogue with Council prior to the beginning of the new year. He'll get word to Mr. Blaser at the same time he gets word to Council. Mr. Blaser asked if the statement made in the budget "the merit plan will be prepared and presented prior to the finalization of the budget" is erroneous. The City Manager replied that he will stick with that statement. The public hearing ~as closed. It was Council's consensus to refer the matter of the group counseling center to the next workshop meeting. The City Manager presented Ordinance No. 59-79: AN ORDINANCE MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1979, TO THE 30TH DAY OF SEPTEMBER, 1980; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCE, AND ALL RESOLUTIONS AND ORDINANCES INCON- SISTENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCONSISTENCY. The City Manager read the caption of the ordinance. Mr. Bird moved that all fees collected by the Parks and Recreation Department for non-residents be double those of residents, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Bird moved that under the General Government Personal Services, that amount be increased by $1,750 representing the 5% CPI increase for the City Manager, seconded by Mr. Young. Said motion passed unanimously. - 8 - 9/10/79 Mr. Bird moved for the adoption of Ordinance No. 59-79 on First Reading as amended, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.i. The City Manager reported that Ordinance No. 60-79, amending Chapter 14A "Garbage and Trash" of the Code of Ordinances to increase the monthly service charge for garbage pickup for residential units is before Council for consideration on First Reading. Council at the August 27th meeting, directed the City Attorney to prepare the ordinance effecting the increase. The City Manager presented Ordinance No. 60-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SECTION 14A-8(A) (1)(a) TO INCREASE THE MONTHLY SERVICE CHARGE FOR RESIDENTIAL DWELLING UNITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 60-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Young -Yes; Mayor ~;eekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call, discussion was had. Mr. John Donovan, 1515 Gallinule Drive, stated that as he understands it, the first consideration was not to raise the fees but to have roadside collection. In his area they have roadside collec- tion now so he feels that they shouldn't have their fees raised just because a certain part of the City wishes to have rear pickup. Mr. Blaser stated that he brought up this same situation several weeks ago. He thinks that the ordinance is ambiguous; there's no indication of any backdoor pickup in that ordinance and he thinks it should be rewritten. In response to Mrs. Durante, Mr. Blaser stated that about 95% of the residents of Bass Creek and Tropic Palms are putting their garbage out on the streets. Mrs. Durante suggested that when they review the possi- bility of separate service for separate areas to consider Tropic Palms and Bass Creek. The City Attorney advised that the ordinance, to his knowledge, does not say that garbage should be taken to the curb; it only refers to trash being taken to the curb. There is no specific reference to rear door pickup; they differentiate between hand pickup and container pickup. Mr. Robert Ulmschneider, 3128 Dunlin Road, stated that as far as the pickup of garbage is concerned, he thinks the confusion lies in the fact that there was a letter put out by the Sanitation Department and distributed to members of the community indicating that they had the choice of either putting their garbage out on the side- walk or having the garbage picked up from the rear. At this point the roll was called to the motion. 8.j. The City Manager reported that Ordinance No. 61-79 rela- tive to annexing Parcel A of the "Revised Rosedale Park Plat Property of Joseph Serp", located at 1800 North Federal Highway, subject to GC (General Commercial) District is before Council for consideration on First Reading. This property is presently zoned in the County as CG (General Commercial). The property is a trailer park (Arrow Trailer Park), which has been in operation ~approximately 20 years and was determined to be eligible for annexation. - 9 - 9/10/79 The City Manager presented Ordinance No. 61-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH ALL OF PARCEL A OF THE "REVISED ROSEDALE PARK PLAT PROPERTY OF JOSEPH SERP" ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIUCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 15, AT PAGE 31, SAID LAND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND LYING WEST OF U.S. HIGHWAY NO. 1, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 61-79 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Young -Yes; Mayor ~eekes - Yes. Said motion passed with a 4 to 0 vote. 8.k. The City Manager reported that Ordinance No. 62-79 rela- tive to rezoning and placing land zoned R-iAAA (Single Family Dwelling) District and PRD-7 (Planned Residential) District in PRD-4 (Planned Residential) District, located on the northeast corner of Lake Ida Road and Davis Road 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 September 24th. Council, at the August 27th meeting, directed the City Attorney to prepare the ordinance effecting the rezoning. The City Manager presented Ordinance No. 62-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AAA (SINGLE FAMILY DWELLING) DISTRICT AND PRD-7 (PLANNED RESIDENTIAL) DISTRICT IN PRD-4 (PLANNED RESIDEN- TIAL) DISTRICT, A PARCEL OF LAND IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE NORTHEAST CORNER OF LAKE IDA ROAD AND DAVIS ROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 62-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor ~;eekes - Yes. Said motion passed with a 4 to 0 vote. 8.1. The City Manager reported that Ordinance No. 63-79, am6~ding Chapter 17A "Parks and Recreation" of the Code of Ordinances relative to increasing tennis rates is before Council for consider- ation on First Reading. The City Manager presented Ordinance No. 63-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17A OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY INCREASING THE ANNUAL MEMBERSHIP AND MONTHLY DUES APPLICABLE AT THE CITY'S TENNIS CENTER, LOCATED NEAR THE N.W. CORNER OF THE INTERSECTION OF ATLANTIC AVENUE AND N.W. lST AVENUE, FOR RESIDENTS AND NON-RESIDENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. - 10 - 9/10/79 Mrs. Durante moved for passage of Ordinance No. 63-79 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Young -Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.m. The City Manager reported that Ordinanc'e No. 64-79, adopt- ing the provisions of Resolution No. 60-76 relative to rates for dockage at the City Marina is before Council for consideration on First Reading. The City Manager presented Ordinance No. 64-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE PROVISIONS OF RESOLUTION NO. 60-76 REGARDING DOCKAGE AT THE CITY MARINA, EXCEPT AMEND- ING SAID PROVISIONS BY INCREASING THE PER FOOT PER DAY CHARGE FOR DOCKAGE USAGE UNDER THE MONTHLY CONTRACT AND CONTRACTS OF FOUR, (4) MONTHS DURATION OR MORE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 64-79 on First Reading subject to changes in paragraph (b)(1) to increase the rate from $.14 per foot per day for dock use to $.17; in paragraph (b) (2) to increase the rate from $.18 to $.21 per foot per day if the boat will require electrical and/or water service; in paragraph (c)(1) to increase the fees from $.13 to $.16 per foot per day for dock use only; in paragraph (c)(2) to increase the rate from $.16 to $.19 per foot per day if people will be living on board during dockage with a 110 volt hookup; in paragraph (c)(3) to increase the rate from $.17 to $.20 per foot per day if people will be living on board during dockage with 220 power hookup with all other portions of the ordinance to remain the same, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Ueekes - Yes. Said motion passed with a 4 to 0 vote. 8.n. The City Manager reported that City Council is to hold its first public hearing concerning the adoption of the Future Land Use Element of the Comprehensive Plan. The City Attorney reported that the reason that the Future Land Use Element portion of the Comprehensive Plan is separated out is because it is required by State Statute. There have been two changes; on the Traffic Circulation Plan the only change that has occurred is the designation of S.%~. 2nd Street as a collecter road which is some- thing that was requested by the Engineering Department; the other change on page 8 of the plan reflects Council's policy not to annex property that is in that portion of the City's reserve area lying west of Military Trail. A public hearing was held on the Future Land Use Element of the Comprehensive Plan. Mrs. Alice Finst, 707 Place Tavant, asked how legally binding the document is. The City Attorney replied that under State Statute in order to be eligible to develop, a developer's permanent request must be consistent with the Plan; it is a legally binding document. Mrs. Finst asked what the plans for upgrade, widen and improve on Lake Ida Road include. Mr. Serafin Leal replied that upgrading refers to increasing the standards of the road; improvement would refer to the betterment of the existing facilities as they are. In this particular road there are some segments where one or the other or both are required. In the case of a residential street, the standards usually remain at two lanes, one in each direction. If you upgrade the road to a collecter's standard, it can be as much as four lanes, two in each direction. - 11 - 9/10/79 Mayor Weekes stated that Mr. Church is not present this evening but he could better answer Mrs. Finst's question as to what the future holds for Lake Ida Road. Mrs. Durante stated that it is in the Year 2000 Plan to be four-laned from U.S. 1 all the way to Military Trail. Mr. Leal stated that as far as transporation is concerned, they use the information and criteria developed by the engineers in~ the City, by the County and by the State. The public hearing was closed. Mayor Weekes read a letter from Joel T. Strawn, an attorney, (see attached letter) representing Mrs. Robert Bruce Harris who owns approximately 16.4 acres fronting on Homewood Boulevard and surrounded by the Delray Beach CoUntry Club. The letter concerns his client's objections to the City's proposed land use plan designating her property as a Park and Recreation area. Mr. Leal stated that in that specific location there should be such a facility; however, the use is single family residen- tial as shown on the map. Mr. Dan Kotulla, Planning Director, stated that there have been a number of changes in the land use plan map. As of this date, the map is current and updated to reflect present zoning and any changes that Council made. There is a statement is the Land Use Plan text saying that if the City does not acquire that property and a private 'developer wants to develop, he would do so at the R-1AA zoning. The City Attorney announced that the second public hearing on the Future Land Use Element of the Comprehensive Plan will be held on September 24, 1979 at 7 p.m. during the Council meeting in the City Council Chambers at City Hall, Delray Beach. The City Attorney was instructed to respond to Mr. Strawn's letter and to tell him that Council's intention is not to change the zoning on that property. 8.o. The City Manager reported that Ordinance No. 65-79 adopting a Comprehensive Plan pursuant to the provisions of the "Local Government Comprehensive Planning Act of 1975" is before Council for consideration on First Reading. This ordinance adopts the Compre- hensive Plan recommended to Council by the Planning & Zoning Board with minor revisions concerning annexation previously discussed by Council. The Division of State Planning has granted the City an Extension for the adoption date through October 1, 1979; however, final adoption is scheduled for September 24, 1979. The City Manager presented Ordinance No. 65-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975"; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 65-79 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor ~;eekes - Yes. Said motion passed with a 4 to 0 vote. 8.p. The City Manager reported that Ordinance No. 66-79, amending Chapter 29 "Zoning" of the Code of Ordinances relative to allowing alternate parking spaces on RM-10 or RM-15 (Multiple Family Dwelling) District zoned land when adjacent to land zoned CBD (Central Business) District is before Council for consideration on First Reading. The Planning & Zoning Board at a meeting held on May 22nd, recommended by unanimous vote that the amendment be adopted. This was discussed at the June 4th workshop meeting. - 12 - 9/10/79 The City Manager presented~Ordinance No. 66-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZOOMING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-18(B) (2) (a) (2) OFF-STREET PARKING REGULATIONS RELATIVE TO ALLOWING ALTERNATE PARKING SPACES ON RM-10 OR RM-15 ZONED LAND, ~{EN ADJACENT TO LAND ZONED CBD (CENTRAL BUSINESS DISTRICT); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 66-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. ~ The City Manager reported that Ordinance No. 67-79, amending Ordinance No. 69-77 relative to increasing cemetery fees and serve, ce charges is before Council for consideration on First Reading. This was discussed at the budget workshop meeting on August 29th. The City Manager presented Ordinance No. 67-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 69-77 PERTAINING TO FEES AND SERVICE CHARGES FOR THE CITY'S CEMETERY BY INCREASING THE FEES FOR INTERMENT, DISINTERMENT AND THE SURCHARGES FOR WORK PERFORMED ON SATURDAYS OR HOLIDAYS; AND RATIFYING THE OTHER RULES AND REGULATIONS GOVERNING THE DELRAY BEACH CEMETERY; 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. 67-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Young -Yes; Mayor ~eekes - Yes. Said motion passed with a 4 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on August 28th, recommended by unanimous vote that the zoning ordinance be amended to allow "automotive grooming" as a conditional use in the GC (General Commercial) District. Mr. Bird moved that the City Attorney be authorized to draft the ordinance effecting the amendment, seconded by Mr. Young. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on August 28th, recommended by unanimous vote that the zoning ordinance be amended to remove the "drive-in facility" exclusion from "financial institutions" in the CC (Community Commercial) District. Mr. Bird moved that the City Attorney be authorized to draft the ordinance effecting the amendment, seconded by Mrs. Durante. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on August 28th, recommended by unanimous vote that the final plat approval request for McEwen Lumber Company Subdivision, located south of Atlantic Avenue, between Congress Avenue and the SAL Railroad be approved, subject to the following: 1) City Engineer's memorandum of August 27th. 2) Director of Public Utilities memorandum of August 21st. 3) Availability of water. - 13- 9/10/79 Mr. Bird moved that Council sustain the recommendation of the Planning & Zoning Board relative to final plat approval for the McEwen Lumber Company Subdivision, seconded by Mr. Young. Said motion passed unanimously. Before roll call, Mayor Weekes stated that they had a letter from the County indicating that they wanted to reserve this land for future expansion of the County facility. His response to the County's request is if that is the case then the County should make arrangements to buy the land. But the City cannot prohibit the man from using his property on the premise that the County would like t6 use it at some time in the future for a County expansion. At this point the roll was called to the motion. 10. Mayor Weekes reported that they have a problem with a quorum for next Thursday's Sewer Board meeting. He will be at a seminar in Orlando on Thursday, Mr. Scheifley is on vacation and Mr. Bird is committed to speak at a homeowners meeting that evening. The City Manager stated that he will check into it tomorrow and see if the time can be rearranged. If not then the best thing to do would be to just go ahead and let the people that are present interview the people who would be here. Mayor Weekes suggested that they might hold a subsequent meeting to ratify a recommendation of those that are there in the event there is not a full quorum to take formal action. The City Manager stated that if they don't have a quorum there, the Board should not take any action; they should merely inter- view. Later on when there is a quorum, the Board can act. Mayor Weekes declared the meeting adjourned at 9:00 P.M. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of September 10, 1979, which minutes were formally approved and adopted by the City Council on ~.~6~. ~.~ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, addi- tions, or deletions to the minutes as set forth above. - 14 - 9/10/79 MAG MILLm~N, NEXV'ETT, 2%_DAy--IS, STRA~VN, STANLEY ~ BOTOS NElL E, HAC MILAN Dz:RAY ~EACH, ~:O~:D~ Q~444 HA~y T. NEWETT JOEL T. ST~AWN 276-6363 · 276-5284 -,c-*c~c..o,os September 10, 1979 Ms. Elizabeth Arnau, City Clerk City of Delray Beach 100 NW 1st Ave.,. Delray Beach, FL 33444 Dear Ms. Arnau: This is to advise you that I represent Mrs. 'Robert Bruce Harris.who owns approximately 16.4 acres fronting on Homewood Boulevard and surrounded by the Delray Beach Country Club. It is my understanding that the City's proposed land.use pl-an designates this property as park and recreation area. ask that this letter be read into the minutes of the City Council meeting evidencing my client's strong objection to that designation. I am, of course,, aware that the City has expressed an interest in purchasing the property to be used for that purpose. It seems to me that if the designation under the comprehensive plan was implemented it would, in effect, mean that the City would be the sole prospective purchaser which I certainly trust is not the City's intention. · The property is currently zoned R-i-AA and your proposed designation, if implemented would, in my opinion, constitute inverse condemnation.. .. Yours very truly, ~'SrraWn. cc: . J. Eldon Mariott, City Manager Mr Dan Kotulla .Planning Director ~'~