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11-26-79 NOVEMBER 26, 1979 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Monday, November 26, 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 Mayor Weekes. 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 November 13, 1979, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mrs. Durante noted that around July 4th when the City de- cided that it didn't have enough money for fireworks, a benefactor came forth and offered to pay for it. Lately she has been noticing the little flower garden area in the lobby of City Hall. She thinks that this time of the year some mums and poinsettias would look nice and she hopes that there is some benefactor who will want to handle that. 4.a.2. Mrs. Durante further stated that from time to time she speaks about West Atlantic Avenue and things that Council should try to do to improve it and things they should try not to do which would de- grade it. She thinks that her persistence on this subject may be paying off. Last week she was at a meeting where the discussion was the possi- bility of some ecomonic development act funds being made available to Palm Beach County, and they are looking at West Atlantic Avenue. It has been selected as the commercial area in which some of these funds would be used for revitalization. So, they may be fortunate enough to have some funds to give a new appearance to West Atlantic Avenue. 4.a.3. Mrs. Durante stated that the Americans protesting the Iranian situation is very much in the news right now. She sees it as a way to demonstrate their support in a togetherness in the effort to gain the release of the hostages. Inasmuch as Khomeini has extended an invi- tation to black Americans to join him in the Islamic revolt against the United States, as a black elected official of this City she feels a personal call to make an effort to show'her rejection of his invitation and a rejection of the entire terrorist tactic. As blacks, they have certainly gone through their civil rights struggle here in the United States but this is their home and their country. They are not going to join some foreign country in a fight against the United States. Among their sister cities international program, there are two cities in the United States with Iranian sister cities; one is Los Angeles, California; they have twelve sister cities and one of them is Tehran, Iran. She heard it reported last week that the City government of Los Angeles voted to drop Tehran, Iran as their sister city. The City of Phoenix, Arizona has as one of its five sister cities Shiraz, Iran. She would like to see a letter or a resolution of support sent to the City of Los Angeles for the decision that they made about Tehran, Iran as their sister city and a copy of that letter sent to Phoenix, Arizona. Mayor Weekes stated that that was very well put and he has no objection to forming a resolution commending the City of Los Angeles for their actions and maybe a cover letter with a copy of the resolution to the city of Phoenix asking them to do the same. Council concurred with the Mayor's suggestion and the City Attorney's office was instructed to prepare the resolution. Mayor Weekes suggested holding a brief meeting as part of the workshop next Monday night to pass the resolution. The City Manager noted that next Monday night will be a regular Council meeting; at a meeting on April 2nd of this year Council passed a motion that the December regular meetings would be held on December 3rd and December 10th because of the Christmas holiday season. The resolution could be considered at the regular meeting next Monday night. '). i,"O 5. Alfreda Forbell stated that she would like to see those ugly newspaper machines removed from their lovely little park on A-1-A and Atlantic Avenue. She would like to know who is responsible for putting them there. The City Manager advised that he has spoken with Ms. Forbell on this matter and he sent a note to Parks & Recreation for a report; he has not yet received the report. Mrs. Betty Matthews, on behalf of the Beautification Com- mittee, spoke in favor of removing the newspaper machines. They feel that only natural things, except for the trash cans, should be on the A-1-A side. Mr. Bird moved to instruct the City Administration to have the newspaper machines removed, seconded by Mr. Scheifley. Said motion - passed unanimously. 6.a.1. The City Manager stated that in regard to the senior citi- zens bus, there was a report submitted to them by the City Attorney advising that it would not be possible for the City to donate the bus to the organization. At the meeting in which this was discussed, Council told the City Attorney to explore the donation possibility and if that were not possible then to consider revising the agreement between the City and the organization to permit more flexibility in the scheduling as requested by them. Mr. Bird moved that they instruct the City Attorney's office to amend the wording of the agreement in such a manner as to permit scheduling flexibility within the operating area covered by the Gulf- Stream Areawide Council on Aging, seconded by Mrs. Durante. Said motion passed unanimously. 6.a.2. Assistant City Attorney Shandy reported that the case of the City ~f Delray Beach against Paul S. Wymbs was appealed in the Circuit Court by the City and the Circuit Court remanded the case to the Civil Service Board that it be reheard and ~hat Lieutenant Maginley not sit on the Board. The case was reset for November 21st, but prior to that date, Paul S. Wymbs through his attorney appealed the Circuit Court's decision to the Fourth District Court of Appeal and it is there pending. So they have now a stay of the proceeding that was assigned for November 21st until after the ruling of the Fourth District Court of Appeal. 6.b. The City Manager reported that it is recommended that Council authorize execution of Supplemental Agreement No. 25 between the City and Russell & Axon in connection with Lift Station Nos. 50 and 80. Included under this supplemental agreement are engineering services during construction, resident project services, preparation of record drawings and preparation of operation and maintenance manual. The total engineering fee amounts to $207,650. The City's share will be 25% of that amount and will come from the $4 million Water and Sewer Revenue Bond Issue. This item was discussed at the November 13th Council meeting and deferred to a future meeting for final action. Mrs. Durante moved for the execution of Supplemental Agree- ment No. 25 in connection with Lift Station Nos. 50 and 80, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, Mr. Bird stated that prior to additional supplemental agreements or extensions of existing agreements, he would wish an answer to his question of the other evening with regard to their continuing contracts with their consultants. His question was that in their continuing contracts that they periodically be reassured by the Administration that they represent the best value for the tax dollars involved. At this point the roll was called to the motion. 6.c. The City Manager reported that it is recommended that Council authorize the execution of a quit claim and easement deed rela- tive to Pelican Harbor, Phases One and Three. This involves a 20-foot utility easement which the City has previously abandoned by Resolution No. 68-79, adopted at the September 10th meeting. - 2 - 11/26/79 Mrs. Durante moved that the City Attorney be instructed to draft a resolution which would be a quit claim for the easement deed relative to Pelican Harbor, seconded by Mr. Scheifley. Said motion passed unanimously. 6.d. The City Manager reported that as discussed at workshop on November 19th, Council is to consider authorizing the execution of an agreement to sell the Exciton yacht to Mr. Calvin Chapman. Assistant City Attorney Thiele passed out copies of the agreement to Council and reported that this is basically an offer from Mr. Chapman to purchase the Exciton yacht at the figure of $17,000. He will purchase it on an as/is basis and he will get the yacht with the materials on it as is. Council does not have to accept this offer. Mr. Young stated that had they gone along with the offer that he made about three months ago, they could have obtained more money than this. He thinks they are being ripped off to some extent but he still feels that they would be better advised to get rid of that boat than to keep it. Mr. Young moved that the City accept Mr. Calvin Chapman's offer of $17,000 and execute the agreement and closing will be within thirty days of today, seconded by Mr. Bird. Said motion passed unani- mously. 6.e. The City Manager reported that it is recommended that Council authorize execution of a termination agreement between the City and Palm Beach County Solid Waste Authority relative to the City taking over the operation of the transfer station. It is planned that the City will take over the operation on January 1, 1980. Mayor Weekes noted that this agreement has been approved by the City Attorney, Mr. Saberson, and by the Solid Waste Authority's attorney, Mr. Adams. It was approved at the Solid Waste Authority meeting last Wednesday subject only to a change in the time frame. As a member of the Solid Waste Authority and as Mayor of the City of Delray Beach, he strongly urges Council to accept this agreement. It is in the City's best interest to do so. Mr. Scheifley moved that they authorize the execution of the termination agreement between the City and Palm Beach County. Solid Waste Authority relative to the City taking over the operation of the transfer station, seconded by Mrs. Durante. Said motion passed unanimously. 6.f. The City Manager reported that it is recommended that Council approve execution of a 99-year lease agreement between the City and Palm Beach County for property adjoining Miller Park at a rent of one dollar per year. The City will be responsible for development, operation, maintenance, insurance and any future capital improvements to the property. This agreement would permit the expansion of Miller Park by 9-acres. Mr. Bird moved for approval of the execution of the 99-year lease agreement between the City and Palm Beach County for property ad- joining Miller Park at a rent of one dollar per year, seconded by Mr. Young. Said motion passed unanimously. 7.a. The City Manager reported that the City is in receipt of an application from D.T. McMurray for City water service to serve an area containing 13 acres on the north side of Atlantic Avenue about 300 feet east of the entrance to the Hamlet. It is recommended that Council approve execution of the City's standard water service/annexation agree- ment, which will permit the City to provide the requested water service to the applicant. The request for City water service is to serve 64 proposed townhouse units (five to the acre) in clusters of four, to- gether with pool and other recreation facilities. He has sent through a note to determine whether or not it is eligible for annexation. Mrs. Durante moved that they approve the execution of the City's standard water service/annexation agreement for this property, seconded by Mr. Bird. Said motion passed unanimously. - ~ - 11/26/79 8.a. The City Manager reported that it is recommended that Reso- lution No. 88-79 accepting all streets and storm drains in Plat No. 2 of High Point, Section 7 be accepted as operational. Council, at the November 13th meeting, referred this item to workshop on November 19th. The City Manager presented Resolution No. 88-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN HIGH POINT, SECTION 7, ACCORDING TO PLAT NO. 2 OF HIGH POINT, SECTION 7, AS RECORDED IN PLAT BOOK 36, PAGES 64, 65 AND 66 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 88-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 88-79, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Scheifley stated that if anybody has any reservations about this, he would like to have them speak up because they want to be as diligent and thorough as they can. At this point the roll was called to the motion. 8.b. The City Manager reported that Resolution No. 91-79 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain properties, the owners of which failed to abate such nuisances within the allotted time from date of original nuisance violation notice. Council may request any further desired information in lieu of which, and in compliance with Section 15 of the City's Code of Ordinances. Adoption of Resolution No. 91-79 is recommended. The City Manager presented Resolution No. 91-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND IN- TEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 91-79 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 91-79, 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.c. The City Manager repoted that Resolution No. 92-79 request- ing that the Florida Legislature name the Linton Boulevard Bridge the "Jack L. Saunders Bridge" is before Council for consideration. - ~ - 11/26/79 The City Manager presented Resolution No. 92-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE FLORIDA LEGISLATURE NAME THE LINTON BOULEVARD BRIDGE AS THE "JACK L. SAUNDERS BRIDGE" AND TO PROVIDE THE FUNDING NECESSARY TO pURCHASE AND ERECT A PLAQUE SO DESIGNATING THE BRIDGE. (Copy of Resolution No. 92-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 92-79, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor %~eekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Resolution No. 93-79 request- ing permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural)(County) to RM-6 (Multiple Family Dwelling) District (City) at the southeast corner of Barwick Road and the L-32 Canal is before Council for consideration. The Planning & Zoning Board at a meeting held on October 16th, rejected this annexation petition. Council, at the November 13th meeting, authorized the City Attorney to prepare the resolution. The City Manager presented Resolution No. 93-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AG (AGRICULTURAL) TO THE CITY'S ZONING CLASSIFICATION RM-6 %MULTIPLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 93-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 93-79, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - No; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. 8.e. The City Manager reported that Ordinance No. 73-79 relative to annexing a parcel of land located on the west side of Seacrest Boule- vard between Tangerine Trail and Avacado Road, subject to R-1AAA (Single Family Dwelling) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 22nd meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 73-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 5, BLOCK "C", LAKE HEIGHTS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 206, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. THE SUBJECT PROPERTY IS IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND IS LOCATED ON THE WEST SIDE OF SEACREST BOULE- VARD, BETWEEN TANGERINE TRAIL AND AVOCADO ROAD; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 73-79 is on file in the official Ordinance Book) - ~ - 11/26/79 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. 73-79 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. 76-79 relative to annexing a parcel of land located at the southeast corner of Seacrest Boulevard and Gulfstream Boulevard, subject to R-1AA (Single Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family) and is used as a church. Second and FINAL Reading and public hearing will be held at the meeting on January 14, 1980. Council, at the October 22nd meeting, directed the City Attorney to prepare the ordinance effecting the annexation. The City Manager presented Ordinance No. 76-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~NEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTHEAST CORNER OF SEACREST BOULEVARD AND GULFSTREAM BOULEVARD, 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 adoption of Ordinance No. 76-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley~- Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.g. The City Manager reported that Ordinance No. 77-79, amending Ordinance No. 70-79 relative to PERC is before Council for consideration on First Reading. The City Manager presented Ordinance No. 77-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 166 OF THE FLORIDA STATUTES, AND CHAPTER 447 OF THE FLORIDA STATUTES, RE- LATING TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF FLORIDA, BY AMENDING ORDINANCE NO. 70-79, BY REPEALING A PORTION OF SECTION _ 13A-8(A)(7) RELATIVE TO EVIDENCE OF COMPLIANCE WITH THE REGISTRATION AND REPORTING REQUIREMENTS AND EVIDENCE OF BUSINESS AGENT; BY REPEALING ALL OF SECTION 13A-8(A)(8) IN REGARD TO THE REPORTING OF CHANGES IN EMPLOYEE ORGANI- ZATION'S REGISTRATION, AND BY RENUMBERING SECTION 13A-8 (A)(9); AND BY REPEALING 13A-20(G) RELATIVE TO REVIEW OF COMMISSION ORDERS; PROVIDING FOR EFFECTIVENESS OF ORDI- NANCE NO. 77-79; 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. 77-79 amending Ordinance No. 70-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 6 - 11/26/79 8.h. The City Manager reported that Ordinance No. 78-79 relative to establishing a Code Enforcement Board is before Council for consider- ation on First Reading. This was discussed at the October 1st workshop meeting. The City Manager presented Ordinance No. 78-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A CODE ENFORCEMENT BOARD; PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR APPLI- CABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR ORGANIZATION, QUORUM, COMPENSATION, LEGAL COUNSEL, CLERK, AND RULES AND REGULATIONS; PROVIDING FOR COMPOSITION; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARINGS; PROVIDING FOR POWERS; PROVIDING FOR FINES; PROVIDING FOR HEARING PROCEDURES; PROVIDING FOR ENFORCE- MENT ORDERS; PROVIDING FOR APPEAL; PROVIDING FOR SUBPOENA POWERS; PROVIDING FOR OTHER REMEDIES; PROVIDING FOR CODIFICATION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Manager further reported that he discussed this proposed ordinance with the City Attorney by phone this afternoon. There are a few instances in which he thinks that the language needs to be modified slightly; not with a change in intent but for clarification. The City Attorney suggested that that be mentioned to Council tonight and that Council go ahead and consider passing the ordinance on First Reading. Then he and the City Attorney can get together regarding any slight modification of language. Mr. Bird moved for adoption of Ordinance No. 78-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird stated that one of the problems that they seem to be running into with several of their Boards has to do with composition, particularly in cases where they have a fairly limited number of qualified persons such as architects, engineers, etc. Yet by the composition of this Board, they must call upon their rather limited community of architects and engineers to supply still another member to another City Board. He wondered at what point will they consider it either ill-advised or im- possible to fulfill these requirements and still have a viable Board. He also wonders if they would be permitted to have some list of alter- nates for this Board as they have for most of the others. Assistant City Attorney Thiele replied that as to the com- position section, they are limited by the local bill; it has to be one of each of those kinds of people to the extent possible. So if it is impossible to find someone who fits those qualifications, they can sub- stitute. There is no provision in the local bill pertaining to alter- nates so he doesn't believe that they would be precluded from desig- nating alternates. He advised that Council look into Sections 28-10 and 28-11 because it deals with the funding that may be necessary and before they have another Civil Service Board problem, they should be aware of that. The problem is that the City Attorney's office couldn't be both; they couldn't be the prosecutor as well as being the advisor to the Board. Mr. Scheifley asked if Council, in most of these cases, would be required to supply the Board with an attorney. Assistant City Attorney Thiele replied that once the Board is established it will be a very rare occasion when it will need counsel. The City Manager stated that maybe they shouldn't provide by ordinance that counsel would be present at all meetings. Assistant City Attorney Thiele advised that they could change the wording where it says "attend all meetings". - 7 - 11/26/79 Mr. Scheifley asked if the members have to be active in their field, for example could they have a retired architect serve on the Board. Assistant City Attorney Thiele replied that the qualifi- cations say basically that they should be regulated and licensed but that the Council could take other equivalent ratings. In response to Mrs. Durante, the City Manager advised that the Board would basically be used as a substitute for municipal court. At this point the roll was called to the motion. 8.i. The City Manager reported that Ordinance No. 79-79, amending Chapter 29 "Zoning" of the Code of Ordinances to prohibit the owners, agents or operators of certain motor vehicles from parking, storing or keeping said motor vehicles on property in any residential zoning dis- trict is before Council for consideration on First Reading. This was discussed at the November 5th workshop meeting. Action may be con- sidered by Council or referred to workshop. The City Manager presented Ordinance No. 79-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF Ot~INANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-20(C)(2), "MOTOR VEHICLES PROHIBITED OR RESTRICTED IN RESIDENTIAL ZONING DISTRICTS", TO PRO- HIBIT THE OWNERS, AGENTS OR OPERATORS OF CERTAIN MOTOR VEHICLES FROM PARKING, STORING OR KEEPING SAID MOTOR VEHICLES ON PROPERTY IN ANY RESIDENTIAL ZONING DISTRICT IN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Manager reported further that the primary purpose of this ordinance is to clear up a technicality with regard to ownership; it doesn't make any basic change in the ordinance provisions. Assistant City Attorney Thiele stated that before they adopt this they need to make one change. There are exceptions to his prohibi- tion for construction vehicles, recreational vehicles that are hidden behind proper screening and that sort of thing. They would like to in- clude a phrase in front of this reading "Unless otherwise provided for in this chapter" and then the rest being the same. Mr. Bird moved for the adoption of Ordinance No. 79-79 on First Reading with the following change in the wording in Section 1 subsection (2); "Unless otherwise specified within Chapter 29 it shall be unlawful .... ", seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.j. The City Manager reported that Ordinance No. 80-79 relative to annexing a 25-acre parcel of la'nd located at the southeast corner of Barwick Road and the L-32 Canal, subject to RM-6 (Multiple Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as AG (Agricultural) and is open land with one home on the property. Second and FINAL Reading and public hearing will be held at the meeting on January 14, 1980. Council, at the November 13th meeting, directed the City Attorney to prepare the ordinance effecting the annexation. - 8 - 11/26/79 The City Manager presented Ordinance No. 80-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH PARCELS OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST AND SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 80-79 on First Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - No; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Scheifley stated that he would like to explain why he will vote against the motion. He feels that they badly need the easement and that it will provide a great relief. He is delighted that the land is being annexed to the City, however, he objects to the procedure under which it was done. Mrs. Durante stated that she also objects to the procedure. Mr. Young noted that they have already received the easement without any restrictions on it. Mr. Bird pointed out that it is permissible for the Council and the members of the Planning & Zoning Board to disagree occasionally on what should be the appropriate zoning of a piece of property. At this point the roll was called to the motion. 8.k. The City Manager reported that Ordinance No. 81-79, amending the Code of Ordinances to add a new section prohibiting roller skating and the use of roller skates and skateboards in specified areas of the City is before Council for consideration on First Reading. This was discussed at the September 17th workshop meeting. The City Manager presented Ordinance No. 81-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO ADD A NEW SECTION PROHIBITING ROLLER SKATING AND THE USE OF ROLLER SKATES AND SKATE- BOARDS IN SPECIFIED AREAS OF THE CITY OF DELRAY BEACH DESCRIBED AS SIDEWALKS ON THE NORTH AND SOUTH SIDES OF ATLANTIC AVENUE, FROM SWINTON AVENUE ON THE WEST TO FLORIDA STATE HIGHWAY A-1-A ON THE EAST, SIDEWALKS ON THE EAST SIDE OF SAID HIGHWAY A-1-A FROM BEACH DRIVE ON THE NORTH TO CASUARINA ROAD ON THE SOUTH, AND SIDEWALKS ON THE EAST AND WEST SIDES OF NORTHEAST 2ND AVENUE FROM N.E. 4TH STREET ON THE NORTH TO ATLANTIC AVENUE ON THE SOUTH; DEFINING ROLLER SKATING AND SKATEBOARDS; PROVIDING PARENTAL RESPONSIBILITY; PROVIDING FOR A WARNING TO JUVENILE VIOLATORS AND THEIR PARENTS; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING FOR CODIFICATION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley asked for the background on this and how it came about. The City Manager replied that this ordinance had its origin with a request received by the Building Inspection Department some time ago from a party who wanted to operate a business renting roller skates; the roller skates were to be used in the downtown area of the City on the sidewalks. It was at that time that he came to Council and reported this and said that the Building Inspection Department had been in con- sultation with the City Attorney's office and it was decided that if - 9- 11/26/79 they were going to have any regulatory control over such goings-on, it would be necessary to do it by ordinance. There was quite a bit of discussion and it was referred back to the City Attorney's office for them to come up with an ordinance. Mr. Scheifley stated that if they pass this, he thinks it is going to be an ordinance that will not be enforced; it is ridiculous. If a policeman is going down the street in a cruiser car and he sees a child roller skating down the sidewalk, he is not going to stop and pick him up or arrest him. He hates to see an ordinance put on the books which is not going to be enforced. To stop kids from roller skating, in his opinion, is wrong. The City Manager added that people, especially elderly or infirm people, don't like to be run into by kids on roller skates and skateboards. Assistant City Attorney Shandy reported that there was a memorandum received by the Building Department from the Downtown Development Authority requesting this type of ordinance. The Police Department was brought into it and questioned as to the practicality of it and Captain Smith was in favor of it. That is why it was submitted to Council. In response to Mr. Bird, Assistant City Attorney Shandy added that originally bicycles were suggested in the same category as roller skates and skateboards; however, they have a bicycle ordinance, and this ordinance is patterned after the bicycle ordinance. Mr. Bird moved that this ordinance be sent back to a work- shop discussion, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. ~ird - 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 Mrs. Durante suggested that they have the Downtown Development Authority here with them when they workshop this item. At this point the roll was called to the motion. 8.1. The City Manager reported that Ordinance No. 82-79, amending Chapter 19, Article V, "Pension Plan for General Employees" to eliminate the requirement of mandatory retirement age is before Council for con- sideration on First Reading. The City Manager presented Ordinance No. 82-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AS~NDING CHAPTER 19, ARTICLE V, "PENSION PLAN FOR GENERAL EMPLOYEES," BY REPEALING PARAGRAPH ONE OF SECTION 19-64 AND ENACTING A NEW PARAGRAPH ONE, BY AMENDING SECTION 19-81, BY REPEALING SECTION 19-82 AND ENACTING A NEW SECTION 19-82, BY AMENDING SECTION 19-84 (e)(1), BY AMENDING SECTION 19-84(e)(2), BY AMENDING SEC- _ TION 19-85(A)(1), BY AMENDING SECTION 19-85(B)(2), AND BY AMENDING UNNUMBERED PARAGRAPH TWO OF SECTION 19-90 TO ELIMINATE THE REQUIREMENTS OF A MANDATORY RETIREMENT AGE; 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. 82-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.m. The City Manager reported that Ordinance No. 83-79, amending Chapter 19, Article IV, "Pension Plan for Policemen and Firemen" to in- clude police officers in training in the definition of "employee" is before Council for consideration on First Reading. This was discussed at the July 2nd workshop meeting. - ~0- 11/26/79 The City Manager presented Ordinance No. 83-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 19, ARTICLE IV, "PENSION PLAN FOR POLICEMEN AND FIREMEN" BY AMENDING SECTION 19-31 (6) TO INCLUDE POLICE OFFICERS IN TRAINING IN THE DEFINI- TION OF "EMPLOYEE"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 83-79 on First 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. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on November 20th, recommended by unanimous vote that the annexation of a 3.98-acre parcel of land, subject to SAD (Special Activities District) and the further conditional use and site and development plan approval to allow an office building and retail com- mercial uses for Old Harbor Office and Bank Facility II, located at the northeast corner of U.S. No. 1 and Eve Street, be approved, subject to the following: 1) City Engineer's memorandum of October 22nd. 2) Director of Public Utilities memorandum of October 10th. 3) Allowing only those uses as described on the attached list to locate in this development. 4) That a six foot solid fence shall be located inside and adjacent to the east property line, and the south property line abutting the two residential lots. 5) Availability of water. 6) A time limitation of 36 months be set for develop- ment of the project. Council should request the City Attorney to prepare the annexation ordi- nance with the zoning classification of SAD and take such other steps as are necessary to effect the annexation and rezoning, including the pre- paration of an amendment to the comprehensive plan, if needed, if such is Council's wish. Assistant City Attorney Thiele added that an amendment to the comprehensive plan is not necessary. So, if this is agreeable to Council, the City Attorney's office should be directed to prepare the annexation ordinance as well as preparing the SAD ordinance. Mr. Scheifley moved that Council accept the recommendation of the Planning & Zoning Board and direct the City Attorney to prepare the annexation ordinance with the zoning classification of SAD and take such other steps as are necessary to effect the annexation and rezoning, seconded by Mr. Young. Before roll call, Mr. Robert Chapin, attorney representing Knight Enterprises, described some of the buildings and uses planned. He asked that the motion be amended to add conditional uses and site plan approval subject to the annexation. Assistant City Attorney Thiele replied that that's accept- able. The other item they wanted to bring up is No. 4 on those 13 listed uses; it reads restaurant and coffee shop and he believes the applicant would like that to read restaurant and/or coffee shop. - il - 11/26/79 258 Mr. Carey, Chairman of the Planning & Zoning Board, stated that when the applicant came before the Board last week, they were in- formed that there was a 25 foot buffer between the rear property line and Spanish Trail; that is incorrect. It is exactly 10 feet. That 10 feet isn't public ownership; no one seems to know who owns it. Apparently, the County does. One of the considerations when the Board originally suggested putting a wall in was this 25 foot buffer with lots of growth on the buffer area. There's a difference between 25 feet of buffer and 10 feet. He suggested that probably they would have been re- quired to put the wall in had the Board known that but the Board was relying on the measurement of 25 feet. Mr. Chapin stated that he doesn't think that that is a major issue; Knight Enterprises doesn't own that 10 or 25 feet and it's just an additional screening. Mrs. Durante stated that she doesn't approve of the "and/or" wording and suggested leaving it the way it is, restaurant and coffee shop. Mr. Chapin suggested making coffee shop a separate item, item 14. Council concurred with this suggestion. Assistant City Attorney Thiele requested that Council amend the motion to read as follows: a motion to instruct the City Attorney's office to prepare the annexation ordinance and the SAD ordinance and that the annexation ordinance will reflect that the City will give con- ditional use and site and development plan approval subject to the annexation and also subject to those items set forth in the preface to the agenda. Mr. $cheifley moved to amend his motion as outlined by the Assistant City Attorney, seconded by Mr. Young. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on November 20th, recommended by unanimous vote that the north 15 feet of McCleary Street which abuts Lot 1, Tropic Isle Sub- Division - 5th Section be abandoned, provided the easterly 12 feet are retained as an easement in conjunction with approved and proposed site and development plans for Old Harbor Office and Bank Facility. The sub- ject property is in Section 28-46-43 and is located east of U.S. No. 1, between Eve Street and Linton Boulevard. Mr. Chapin stated that, originally, when Tropic Isles Sub- division was plotted, there was talk that McCleary Street was going to run from east to west to the highway; all but 78 feet was abandoned years ago and that little strip of land remains between these two par- cels of land. To clear up that historical mistake, the two property owners have requested abandonment of that 78 foot by 15 foot strip of land subject to an easement on the easterly 12 feet of that portion. He hopes that Council will authorize the City Attorney to prepare the appropriate resolution. Mrs. Durante moved that the City Attorney be directed to prepare the necessary resolution to effect the abandonment of the ease- ment between Eve Street and Linton Boulevar~d, east of U.S. No. 1, seconded by Mr. Bird. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on November 20th, recommended by unanimous vote that the request to abandon a part of Old Dixie Boulevard which abuts Lots 1 and 2, Block 14, Del-Raton Park, which is located south of Avenue "F" between Dixie Highway and U.S. No. 1 be denied as this street is the only means of servicing the properties located adjacent to it as well as providing access to said properties. Council may either consider acceptance of the recommendation of the Planning & Zoning Board or refer it to workshop. Mr. Carey stated that if they abandon that portion of Old Dixie Boulevard, they would effectively shut off access to other prop- erties, therefore, the Planning & Zoning Board recommends denial. - 1~2 - 11/26/79 Mr. Bird moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Scheifley. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:30 P.M. ATTEST: /~ City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of November 26, 1979, which minutes were formally approved and adopted by the City Council on~_~ ~.. /~.~. · y 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, additions, or deletions to the minutes as set forth above. - i3 - 11/26/79