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09-25-78 SEPTEMBER 25, 1978 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:06 P.M., Monday, September 25,1978, with Mayor Leon M. Weekes pre- siding, and City Manager, J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, Charlotte G. Durante and Aaron I. Sanson, IV. present. Council Member James H. Scheifley was on vacation. 1. The opening prayer was delivered by Reverend Jim Smith, Gra~e Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Sanson moved for the approval of the minutes of the regular meeting of September 11, 1978, and the special meetings of September 5, 1978 and September 13, 1978, seconded by Mr. Chapin. The motion passed unanimously. '4.a.1. Mrs. Durante asked about the possibility of a sidewalk on N.W. 1st Street, between Swinton Avenue and N.W. 1st Avenue. The children that attend Delray Elementary School travel N.W. 1st Street and it's difficult for motorists traveling north on 1st Avenue, turning on N.W. 1st Street,to see the children until they have already made their turn. Mayor Weekes noted that sometime ago a presentation was made from various members of the Trinty Lutheran Church asking that the sidewalk north of them be paved so that the children who attend the Trinty Lutheran School would not have to walk in the street. At that time the Council acted affirmatively on this. The City Manager was asked to check into the matter and report back to Council. 4.a.2. Mrs. Durante advised'that a memo had been received from the Planning & Zoning Board regarding their suggestions on an approach to annexing pockets within the City of Delray and asked Council to have an early workshop on this matter. 4.a.3. Mrs. Durante commented on an article that appeared in the newspaper relating to code enforcement. The newspaper reported that she was not working on Code Enforcement, which is incorrect. She stated that if anybody in the community has been working on Code Enforcement it has been her and she plans to continue to do so. 4.b.1. Mr. Sanson reported that Mr. Carlson has taken over the duties as Administrative Director of the Sewer Board. 4.b.2. Mr. Sanson asked the City Manager the current status of the yacht that was confiscated by the City and the monies to be received from the yacht; and what the status was on the sale of the piece of land on Lake Ida Road and where the monies are going for that. The City Manager referred to the City Attorney for answers to these questions. The City Attorney reported that the hearing on the boat was originally scheduled for Wednesday, but had been postponed until October 20, 1978. He reported that the closing date for the land on Lake Ida Road would be December 29, 1978, and the City had just received the additional $20,000 deposit. Upon question by Mr. Sanson,the City Attorney responded that the hearing on October 20, 1978 would decide whether or not the City is vested with the title of the boat. 4.c.1. Mayor Weekes mentioned that the announcement about Mr. Carlson leads him to state publicly that the City of Delray and the City of Boynton Beach owed Mr. Sanson a debt of gratitude for the trememdous amount of work that he had done to further the development of the Regional Sewer Plant in the absence of an Administrative Manager. He, also, expressed his gratitude to Paul Startzman of Boynton Beach. Mr. Sanson thanked ~4r. ~ariott for his efforts and time on the project. Mayor Weekes asked the members of Council and the public to welcome Mr. Carlson to the community. 4.c.2. Mayor Weekes presented a proclamation proclaiming October 19, 1978 as Credit Union Day. 4.c.3. Mayor Weekes advised that he had received a letter from Mr. Wayne Meggers of the Public Utilities Department challenging the Council to a slowpitch softball game. He stated that since the Public Utilities Allstars was beaten by the Weekes Realty Company by 27 to 3 that he thinks Council has a good chance of winning. The Council agreed unanimously to participate in the game and the Mayor would serve as manager. 4.c.4. The Mayor asked that Item 6i,"Consider annexation request by High Point of Delray",of the agenda be moved up on the agenda between 6a and 6b so that Mr. Tate could catch his plane on time. The Council was in agreement. 5. There were no public requests from the floor. 6.a. The City Manager reported that the SCRWTD Board appointed Robert Carlson as the Administrative Director at an annual salary of $18,000 per year at their September 12, 1978 meeting, and ratification must be made by the Council of the two cities, 'Delray Beach and Boynton Beach. Mr. Chapin moved that this Council ratify the SCRWTD Board's appointment of Robert Carlson to serve as the Administrative Director at a salary of $18,000 per year, seconded by Mrs. Durante. The motion passed unanimously. 6.i. The City Manager stated that considerable discussion was had on this item at the September 5th workshop meeting regarding the request by Mr. Stanley Tate of High Point of Delray that land west of Military Trail in the vicinity of the present High Point development be annexed to the City. This item was tabled at the September llth meeting for additional information. (The Planning & Zoning Board at their August 22, 1978 meeting by a 6 to 1 vote recommended denial of this requestS. Mr. Tate stated that this project consisted of 976 units and has a Palm Beach County PUD approval of 1,185 units. His desire was to maintain High Point within the City of Delray, rather than in the County, because of their desire to offer to the residents of High Point the services that the City of Delray Beach can offer the residents. Through the Impact Studies made by Mr. Hanson which were based upon an approach and sampling of approximately 1,000 units, which presently exist in High Point in the City of Delray Beach, the following information was determined: 1. In the present existing units in High Point there is an average of 1.82 residents living in each apartment. 2. The average time of residency per apartment is ten months and one week per year. 3. The average number of automobiles owned by the residents is 1.1 car per apartment. The total impact of this number of cars was taken into consideration for the interior roads in the design of High Point, based upon existing adjoining County roads, Military Trail, etc., and the impact - 2 - 9/25/78 of this number of additi0nai~' automobiles will be insigni- ficant on the design criteria of these roads as they presently exist. 4. The number of trips out of the development per day per resident are 1.25 trips per day; 63% of these trips are for shopping or banking purposes and the majority of the shopping and banking being handled in the proximity of Atlantic Avenue and Military Trail; the other 3?% of the daily trips are for those heading east for some other purpose and going into the City. 5. 91.7% of the existing residents are semi-retired or totally retired. 6. The median income of the residents of High Point prior to their retirement was approximately $19,500 per year. 7. The average net worth of the customers at High Point at the time of their purchase per resident was between $70,000 and $90,000. 8. 43% of the purchases were families that had prior homes or condominium or rentals in South Florida. The balance of the purchasers, 57%, were families relocating to this area from out of the state, of which, 49% of that 57% were from New Jersey, New York and the Pennsylvania areas. 9. Approximately 82% of the residents purchasing in High Point owned their own single family homes before relocating to this area. 10. Approximately 22% have a professional background, such as doctors, dentists,attorneys, engineers, etc. 11. There are no children residing as permanent residents with their families in High Point under the age of 18, and less than 2% of the residents have children living at home of school age over the age of 15. Mr. Tate noted that additional studies were made, namely, by taking an average price of the units and the average number of people who now reside in High Point and who claim homestead exemptions, and utilizing the existing millage rate of the City of 9.123, and utilizing the total number of units of 976 with an assesSed val- uation of these units less the homestead of $25,668,800, the City under their present tax base will accrue in taxes $234,176.46 per year. Additionally, if this property is built into the City, there are development fees that the City charges in the amount of $488,000 over a two year period. He stated that a portion of this property is outside of the reserve area, and it's presently zoned and approved for PUD by the County; however, their intentions are to build exactly what they have reflected to the City, even though they have a higher number of units allowed under the PUD. He stated that they would make new application to the County, if the City elects not to take High Point into the City, and the development will be built into the County. Upon question by ~r.Sanson, Mr. Tate responded that the $235,000 tax revenue figure was arrived at. by taking an average selling price over the term of the development of $36,000 per unit, taking an assessed valuation of 80% ®f that selling price, multiplied it by the total number of units, and then take off 50% of the total number of dollars for homestead exemptions and utilizing the $5000.00 and the current millage rate of 9.123, multiplying those numbers out gives a result of $234,176.46. - 3 - 9/25,/78 Mrs. Durante questioned if the Council could legally create a pocket. Even though this was not a public hearing, the Mayor granted Mr. Ames permission to speak on this subject as per his request. Mr. Ames, High Point, Section 3, stated that he has been a resident for five years and had been informed sometime ago that Delray Beach had reduced the number of people from 100,000 to 80,000 people and he would like to see the 80,000 population remain at that figure. He reported that at the present in Section 3 there are 360 buildings or 1440 apartments or 2620 people; in Section 7 there are 424 units or 900 people or a total number of people in both sections of 3520. He felt that the complex was large enough ~ and was against expansion or new complexes in High Point. The Mayor stated that the central issue to be determined by the Council at this time is whether or not the City wishes to establish a policy of extending their corporate limits beyond the reserve area. Dr. Hanson, enginee~ High Point of Delray, stated that since Mr. Tate had covered most of the material he would like to offer his assistance on any further questions concerning this project. Mr. Chapin stated that the issue is whether or not the Council wishes to increase its geographical boundaries beyond its historical planning area, which was established with the special act adopted by the Palm Beach Legislative Delegation in the late 50's or early 1960's creating a reserve area in Delray Beach, to provide for a planning unit for the City of Delray Beach and for its westward area, and that area was set 1350 feet west of Military Trail. The City, in adopting its first master land use plan in 1972, planned not only for its geographical confines, but also for the planning area. In updating that land use plan in 1977 the Planning & Zoning Board, its consultants and this Council used this area as its historical planning area, and at that time, 67% of the people decided that they wanted Delray to be a small, basically residential, single family community. Many of the changes that were brought about in 1977 reflect that wish of the people for those re- maining vacant properties that are left within the City confines. Mr. Chapin felt that from an economical planning point of view, to expand and broaden the City's boundaries to have a larger populace than it is at the present time, it is his feelings that the land use plan should be upheld, and that he would not favor this annexation. Upon question by Mrs. Durante, the City Attorney stated that the City can legally annex beyond their reserve area; secondly, assuming that the City annexes beyond their reserve area,that it would not set a precedent to compel the City to annex other parcels of property similarly situated in the future, and thirdly, in response to whether or not this annexation would create an enclave or pocket, he advised that the Voluntary Annexation Procedure under the State Statutes prohibits annexation to create an enclave or pocket. There is considerable question as to whether this property would be con- strued to be an enclave or pocket as the remaining property is essentially surrounded on four sides by City property; on the eastern portion of the remaining parcel, is Military Trail, and across the street to the east of Military it would be in the City. The City Attorney advised that at best the property in question is surrounded on three sides by property that would be in the City, but at worse it is surrounded on all four sides. For the prupose of viewing this in annexation terms the presence of the highway then would not be significant in determining whether or not it was enclosed. Upon question by Mr. Tare, the City Attorney stated that according to the information that he had from the Planning Department the remaining parcel would be surrounded on the north, south and the west by City property. The City Attorney felt that this would probably be construed to be an enclave, and if the City chooses to proceed with the annexation, then it would be up to someone who did not agree with the annexation to challenge it in court and to let the court - 4 - 9/25/78 decide whether or not it is an enclave. Barry Summerstein, Attorney for High Point, did not feel that this created an enclave. Mr. Sanson moved that the recommendation of the Planning & Zoning Board be sustained, seconded by Mr. Chapin. The motion passed unanimously. 6.b. The City Manager stated that sometime ago Council approved entering into a lease agreement with the County for the County's use of the Catherine Strong Center and the County Attorney's office required a slight modification, namely, the insurance coverage, to be made in the City's lease agreement with the County. The modification is acceptable to the City Attorney and the City Manager. The City Attorney advised that the modification was a de- letion of the provision of the insurance by the County, and the County said that they would not provide insurance. The lease last year was a different type than this one, which comtemplates them tak- ing over the building basically; and that lease did not provide in- surance but it did have an indemnification clause. They've agreed to the indemnification clause, but no provision for insurance. Upon question by the Mayor, the City Attorney advised that the indemnification clause serves the City's purpose only to the extent the indemnification is enforceable. He quoted from an article in a recent Florida Municipal Record where former County Attorney, Bill Rudder, had requested an opinion as to the County entering into an indemnification program under the CETA Program; and the Attorney General issued an opinion that they had no authority to enter into such an agreement, therefore, it would be null and void and non-binding. In answer to the Mayor's question, the City Attorney stated that it would be the City's responsibility for any claims that arise from their use of the premises. The City Manager advised that should Council approve this modification to the lease agreement, then the Administration or the City Attorney's office and a Risk Management Consultant should re- view the situation to see whether or not the City should take further measures with the regard to the building. Upon question by Mr. Chapin, the City Attorney stated that the County is backing out on the insurance because the agree- ment they had with the City before did not have an insurance clause. Upon question by Mrs. Durante, the City Manager advised that the County's lease expires at the end of this month, September, 1978, so the Community Action Council would take occupancy the first of October; and the daytime activities would be shifted to the Pompey Center when it is opened; and the public would be notified through the newspapers, the schools,the churches, word of mouth, etc. Mr. Chapin moved that Council refer this matter to the City Attorney, and the City Attorney discuss this matter with the County officials stating that it is the City's wish that the standard agree- ment between the City and the County in the past, that is with the County providing insurance when it leases from the City, vice-versa the City leases County property, be adhered to; and the County provide the City insurance for this property; and requesting the City Attorney to report back to Council as to the results of these negotiations with the officials in the County, seconded by Mr. Sanson. Before roll call the following discussion was had. Maude Lee, Director of Community Action Council~ stated that she was concerned about their program and that they had been working very hard trying to get things ready to move into the Catherine Strong Center in October; and she advised that their pro- gram provides insurance coverage for the participants in their pro- gram, and their services were covered. She appealed to Council to allow them to proceed with the program. The Mayor advised that the City would be liable for any injuries on the premises and without the County's insurance coverage for the City, then the City would be responsible. - 5 - 9/25/78 The City Manager suggested that Council approve the lease tonight subject to the County acquiescing on this point; and if they do then the Council had a valid lease agreementthat can be executed without loss of time, and if they don't then call a special meeting. Mr. Chapin withdrew his previous motion and Mr. Sanson withdrew his second and the following motion was made. Mr. Chapin moved that the Council approve the lease on the condition that the County furnish adequate insurance protection to the City of Delray Beach as may be determined by the City Attorney and its Risk Management Consultants, seconded by Mr. Sanson. The City Attorney advised that the City has a lease that has already been approved for the Catherine Strong Center with the insurance provision. - It was agreed by ~ouncil that if the City Attorney could get the County to delete their request there would be no need for a motion, (no roll call was had since the motion wasn't necessary) and the City Attorney was authorized to negotiate with the County. 6.c. The City Manager recommended that Council authorize approval of Change Order 1 - 4-Water Supply Wells (Well l-W), which will add $1,533.94 to the orginial contract price of $67,366.00. The change is necessitated due to 40 feet of column pipe, shafting and appurtenances for Well No. !-W to permit pump bowl setting of 90 feet below the surface inorder to overcome the unanticipated large draw- down of this well located on the Stuart Arms site. Mr. Sanson moved to approve change Order No. 1 - 4-Water supply wells, seconded by Mr. Chapin. Said motion passed unanimously. 6.do The City Manager advised that at the workshop meeting on August 7th, Council ranked Charles E.Toth, Architect, as No. 1 under provisions of the City's Consultants' Competitive Negotiation Act Ordinance and authorized the City administration to attempt to negotiate a contract for architectural services for the City Hall expansion with said firm. A contract satisfactory to the Administration and Mr. Toth has been negotiated. Mr. Chapin moved that Mr~ Toth be retained to perform the architectural services for the City Hall expansion and the ranking of Mr. Toth as number one in regard to the City's Competitive Negotiation Act Ordinance, seconded by Mrs. Durante. Said motion passed unanimously. 6.e. The City Manager recommended that Council appoint Dr. Clark Colvard as a City Physician to serve along with the City's two present City Physicians for the primary purpose of giving pre- employment physical examinations to Fire and Police applicants as discussed by the Police and Firefighters Retirement System Board. Mr. Chapin moved that Dr. Clark Colvard be appointed to - this position, seconded by Mr. Sanson. Said motion passed un- animously. 6.f. The City Manager reported that the term of Tore Wallin as a member of the Planning & Zoning Board expires on September 28, 1978, The Planning & Zoning Board at a meeting held September 19, 1978 recommended unanimously that Mr. Wallin be reappointed to a new three-year term expiring September 28, 1981. Mr. Chapin moved that this Council adopt the recommendation of the Planning & Zoning Board and reappoint Tore Wallin to another term of the Planning & Zoning Board expiring September 28, 1981, seconded by Mr. Sanson. Said motion passed unanimously. 6.g.t The City Manager reported that the City conducted a public auction on September 15th for the sale of surplus City property and a total of $2,472.75 was realized from the sale which was authorized by Council on August 14,1978. It is recommended that Council approve the action taken. - 6 - 9/25/78 Frank Noble suggested that a professional auctioneer be hired next year as he felt more money could have been derived from this year's sale if it had been conducted by a professional auctioneer. Mr. Sanson asked Council to investigate Frank Noble's idea concerning hiring a professional auctioneer next year. Mrs. Durante moved that Council ratify the action of the City Administration on the sale of surplus items, seconded by Mr. Sanson. Said motion passed unanimously. 6.h. The City Manager recommended that the water and sewer connection fees be waived on buildings constructed on the sites where temporary sewage treatment plants are located, provided that all build- ing permits are obtained for same within 60 days after removal of the plants. Upon question by the Mayor, the City Manager stated that the justification for waivlng these fees was due to the fact develo- pers had to put in temporary treatment facilities because the City of Delray could not furnish them water and/or sewer; and therefore, they could not hook up prior to the implementation of water and sewer connection fees. He noted one variation, that when these sites were selected several years ago these developers placed temporary sewage treatment plants to treat the sewage until such time as a regional plant was in operation. After the placement of these temporary plant sites, the City passed an Ordinance levying a $150.00 water connection fee, and a $250.00 per unit sewer connection fee, making a total of $400.00 per unit, and provided that they had been "grandfathered in", certain developments, and based on time periods. If these particular sites had not been in use at that time for the sewage treatment plants, which was made necessary by the City not having a regional plant in operation, they would have been able to be "grandfathered in" at that time. Because the site then was serving a municipal purpose, it was felt by the Administration that it would be fair to make the same waiver to them at this time, provided they secure building permits within- 60 days after the plants are removed. Upon question by Mr. Chapin, The City Manager said these particular developers (four in-number) were "grandfathered in" and were not required to pay a connection charge because the land was being used to locate the plant on, so therefore, they couldn't pull their permits. Mrs. Durante moved to direct the City Attorney tO prepare an Ordinance that would waive the water and sewer connection fee on certain construction in the City in accordance with Item 6.h., seconded by Mr. Chapin. Upon roll call Co6ncil Voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No.; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. 6. j. The City Attorney requested the Council's permission to retain the firm of Muller, Mintz, Kornreich, Caldwell & Casey, labor counsel, relative to Ordinance No. 66-78 at the rate of $65.00 per hour. The adoption of this Ordinance will amend the City's Charter and Civil Service Act. He felt that their services were necessary in two aspects of the Ordinance, (1) how it will mesh in with the contract currently negotiating with the Firefighters Union, and (2) the amendments and changes that will be necessary to the City Per- sonnel Policies Code of Civil Service Rules and Regulations. Upon question by the Mayor, the City Attorney advised that the Ordinance provides that except as otherwise provided in the personnel policies in the Civil Service Rules and Regulations or the Collective Bargaining Agreement, they will be removed from Civil Service. Mrs. Durante moved that the Council retain the firm of Muller, Mintz, Kornreich, Caldwell & Casey as labor counsel, relative to Ordinance No. 66-78 at the rate of $65.00 per hour, seconded by Mr. Chapin. Said motion passed unanimously. 7.a. The City Manager reported that a communication had been received from Community Chest Services of Delray Beach, Gulf Stream, - 7 - 9/25/78 Highland Beach and Village of Golf requesting permission to solicit funds from February 12th through February 26, 1979, approval of which is recommended by the Soliciations Committee. Mr. Chapin moved that the Council adhere to the recommend- ations of the City's Soliciations Committee for the Community Chest for the period of February 12th through February 26, 1979, seconded by Mrs. Durante. Said motion passed unanimously. 7.b. The City Manager reported that the City had received an application from Giacomo Mazzeo, d/b/a Metric Taxi, of Delray Beach for a Certificate of Convenience and Necessity for operation of three to five taxicabs within the City. The City Attorney advised the City Manager that this application should be considered for a maximum of five taxicabs. The City Manager reported that in compliance with Section 26-7, Chapter 26 of the Code of Ordinances, Council should fix a~ date for a public hearing to be held on this application for a Certificate of Public Convenience and Necessity, notice of which shall be for- warded to all operators of taxicabs. At such public hearing, and as a result thereof, Council shall determine if further cab service, within the City, is needed. It is recommended that Council authorize a public hearing on the application be held at the next regular Council meeting on October 9th. The Mayor questioned what has happened to all of the certificates of Convenience and Necessity that the Council had al- ready approved as the taxicabs are not out in the City. Secondly, he questioned was it necessary for the Council to go through this charade every time somebody wants to operate a taxicab. The City Attorney advised that in the event Council does not regulate the granting of the certificates, they will be regulated by the Public Service Commission. Mr. Chapin moved that this be set for public hearing on October 9, 1978, seconded by M~. Sanson. Said motion passed unanimously. 8.a. The City Manager asked that Item 8.a. be skipped until after Item 8.f. 8.b. The City Manager reported that Resolution No. 79-78 ~elative to abandonment of a portion of Spanish Trail and Spanish Circle and acceptance of donation has been prepared for Council consideration. Council at the July 24th meeting, approved the subject abandonment, and subsequent thereto, Charles B. Cook offered a voluntary donation to the City. Resolution No. 79-78 is to con- firm the abandonment and accept the donation. The City Manager presented Resolution No. 79-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF SPANISH CIRCLE AND SPANISH TRAIL WHICH WERE DEDICATED IN THE PLAT OF THE 4th SECTION OF TROPIC ISLE, PLAT BOOK 25, PAGE 70, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, IN SECTION 33, TOWNSHIP 46, SOUTH, RANGE 43 EAST. SAID ABANDONMENT BEING SUBJECT TO THE RETENTION OF A UTILITY EASEMENT THROUGH A PORTION OF SPANISH TRAIL AND THE RETENTION OF PERPETUAL LICENSE AND MAINTENANCE OF THE C-15 CANAL; PROVIDING FOR THE ACCEPTANCE FOR A VOLUNTARY DONATION FOR TRAFFIC IMPACT. (Copy of Resolution No. 79-78 is on file in the official Resolution Book.) The City Attorney advised that the donation reflected in the letter from Mr. Ciklin, Attorney with Boose & Ciklin Law offices in West Palm Beach, was a donation for a traffic light at Tropic Isle - 8 - 9/25/78 Drive and US 1.( The letter referred to above, dated September 18, 1978 to Mayor Weekes in reference to Pelican Harbor street abandon- ment, part of Spanish Circle and Spanish Trail, is attached to the Resolution No. 79-78 as Exhibit "B"~. After conferring with Mr. Church, the City Attorney was informed by DOT that at this time the proposed traffic light at the intersection of Tropic Isle Drive and US 1 could not be installed; however, it would be possible to get a traffic light at Lindell Boulevard. The City Attorney asked Mr. Ciklin to confer with his client, Mr. Cook, to see if he would amend the letter so that the City could use the funds for traffic signal- ization in the vicinity rather than tie it down to this specific location; or alternatively, that the City hold the funds for two to three years. Upon question by the Mayor, Mr. Ciklin stated that they have committed themselves to the Countil as well as to the residents that live in the condominums in that immediate vicinity to donate the traffic light, or the money for the traffic light at Tropic Isle Drive, but they would hold the money for any reasonable time, two to three years, in some sort of escrow interest bearing account. The Mayor stated that he couldn't recall any location being pinned down, although both locations, Tropic Isle Drive and Lindell Boulevard were discussed. Robert Stump, representative of Tropic Harbor Association, advised that the Topic Harbor property adjoins Pelican Harbor develop- ment and in the past six years there had been a tremendous build up of traffic in the Tropic Harbor and Tropic Isle area. Mr. Stump noted that it was his understanding that Mr. Cook was willing to donate $40,000 towards the installation of a traffic light at Tropic Isle Drive and the residents of Tropic Harbor are in agreement witk Mr. Cook's project if the traffic light is installed at Tropic I~le Drive. He pointed out that Lindell Boulevard is a dirt road, making it undesirable for use. Since DOT's approval of a traffic light to be installed at Lindell Boulevard, a retail farmers market had been constructed, and now the approval of the constructidn of Pelican Harbor of some 200 units. As there is a short distance between Tropic Isle Drive intersection and Lindell Boulevard it makes more sense to put the traffic light at Tropic Isle Drive than at Lindell Boulevard. Upon question by the Mayor, Mr. Stump stated that he was still of the opinion that the donation should be restricted to a light at Tropic Isle Drive. Upon question by Mr. Sanson, Mr. Stump stated if the traffic light could not be installed at Tropic Isle Drive, then the Tropic Harbor residents are opposed to the abandonment of a portion of Spanish Trail and Spanish Circle. Mr. Chapin stated that the City should contact the DOT and exercise their leadership and control of where the traffic light should be placed and be more effective. Mr. Wallin, representative for Tropic Bay, stated that Tropic Bay has approximately 400 units, and the residents are in complete accord with the Pelican Harbor development; and they didn't care where the light'was installed as long as one was in- stalled in their vicinity. Mr. Patton, representative for Tropic Palms, stated that the residents of Tropic Palms felt that the traffic light should be installed at Tropic Isle Drive. The Mayor stated that he will make an appointment for a meeting with the District Engineer of DOT to discuss the above matters. Invited were members of Council and several interested persons from these areas. The City Attorney reported that Mr. Ciklin's client, Mr. Cook, had agreed to amending the letter, allowing the City to retain the funds for a maximum of two years, and in the event that the City does not use the funds for a light in that period of time or - 9 - 9/25/78 received from the DOT permission to put a light at that location, then the money would be returned to the developer. In the mean- time the funds would be put in an interest bearing account with Mr. Ciklin and the Finance Department being co-signatory on that account, and any interest that would accrue on that account would belong to the developer. Mrs. Amy Noble questioned if the Council was trading a traffic light for closing this bridge in question, and will the bridge be closed, and does Boca have anything to say about the closing of the bridge? The Mayor answered "NO" to trading the traffic light for the closing of the bridge; "YES" to the bridge being closed; and stated that Boca does not have any legal authority concerning the - abandonment of this property and the closing of the bridge, as this bridge was given to the City of Delray Beach by the Central and Southern Florida Flood Control District for maintenance and the City has to pay to maintain it; therefore, it belongs to the City of Delray Beach. Alan J. Ciklin, West Palm Beach Attorney for Pelican Harbor, stated that his client was in agreement with the Council by holding the funds, cooperating with the City in negotiations with DOT to get the traffic light placed where the City felt it would be the most effective. Mr. Chapin left the Chambers at 9:32 and returned at 9:37. The City Attorney advised that the Engineering Department has not been able to work up a legal description on tne area of the utilities to be reserved. He stated that there would be an addition to the City utilities and Florida Light and Power Utilities that go across that portion of Spanish Trail that is being abandoned. The City Attorney suggested that the Resolution be adopted so that the City' willreserve an easement for utility purposes over an area to be designated by the City Engineering Department. Mr. Chapin moved that the Council adopt Resolution No. 79-78 subject to reservation of utilities which are to be determined by the Utilities Department, seconded by Mrs. Durante. Mr. Chapin amended the motion that the Council adopt Resolution 79-78 and reserving a utility easement over Spanish Trail along an area to be set forth by the City Engineering Department; and secondly, with the Amendments cited by the City Attorney and agreed by the applicant in regard to the donation letter which is attached as Exhibit "B", seconded by Mrs. Durante. Before roll call, the Mayor said he agreed with Mr. Sanson that the City should have some latitude between the two locations so that if the City gets caught in a box then the City would not have to return the money. If DOT would not allow a light to be placed- at Tropic Isle Drive, then the City would rather put the light at Lindell Boulevard rather than return the money to the developer. Mr. Ciklin stated if the residents will agree to and the City is willing to take a chance, then his client is willing to split it, giving $20,000 for each one and return $20,000 to the developer. Before roll call, Mr. Chapin amended his second motion to read: Mr. Chapin moved that Council approve Resolution No. 79-78 with a reservation on behalf of the City for utilities and the location to be determined by the City Engineering Department. That, separate and destinct, unrelated from the adoption of this motion, the gift that is being offered to this City in the amount of $40,000 for a traffic light to be put in, hopefully, at Tropic Isle Drive and if it can't be done then it will be done at Lindell Boulevard; and that this gift has no bearing upon the motion, seconded by Mrs. Durante. - 10 - 9/25/78 Before roll call the City Attorney stated that he was still not quite clear on the question of the time limitation, if any; and whether or not the money that's to be retained is to be given to the City at this time on an interest bearing account and the interest being turned over to the donor (person making the gift). Mr. Chapin advised the City Attorney that his arrangements on behalf of the City in acceptance of the gift is not a part of this Resolution; and what precautions the City Attorney wishes to take in representing the City's best interest in acceptance of the gift is a separate item from this Resolution. Mr. Chapin stated that if the City Attorney wanted a separate motion from the Council on that, then they could do that; but he didn't want to have in his motion adopting this Resolution anything to do with a gift that is being made by Mr. Cook. Council decided that they would vote on the adoption of the Resolution separately from the donation. At this point the roll to the motion was called on the adoption of the Resolution No. 79-78. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Motion passed with a 4 to 0 vote. Mr. Chapin moved that the City Attorney be authorized to accept on behalf of Mr. Cook and his associates the gift of $40,000 and said funds to be put into an interest bearing account with the City for a maximum period of two years; and for the purpose of the installation of a light at Tropic Isle intersection and South Federal Highway; alternative, if it cannot be put there, then it is to be put at Lindell intersection; and that the remaining details be worked out by the City Attorney to protect the City's interest, seconded by Mr. Sanson. Upon roll call the Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. At 9:50 P.M. a ten minute recess was taken. The meeting reconvened at 10:00 P.M. 8.c. The City Manager reported that three bids were received for selling the City an industrial pressure cleaning machine for the Public Works Department, as follows: BIDDER QUOTATION Hydro Dynamics $1,995.00 Riviera Beach Viking Enterprises 2,100.00 Lake Park Sprak 2,300.00 Lake Worth It is recommended that the award be made to the low bidder, Hydro Dynamics in the amount of $1,995.00 by passage of Resolution No.80-78 with funds to come from the Public Works account in the current budget. The City Manager presented Resolution No. 80-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF AN INDUSTRIAL PRESSURE CLEANING [,~CHINE. (Copy of Resolution No. 80-78 is on file in the official Resolution Book.) Mr. Sanson moved for the passage of Resolution No. 80-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mt. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 11 - 9/25/78 8.d The City Manager reported that three bids were received for selling the City chlorine for fiscal year 1978-79 for the Public Utilities Department, as follows: BIDDER 1-Ton Cyl 150-lb Cyl IITH lb Allied Chlorine & Chemical Co. $175.00 $25.75 $ .68 Miami Thompson-Hayward 196.20 26.70 .722 Hallandale P.B. & S. Chemical Co. 200.00 30.00 .76 St. Petersburg It is recommended that the award be made to the low bidder, Allied Chlorine & Chemical Company in the amounts of $175.00 for the 1-ton cylinder, $24.75 for the 150-lb cylinder and $ .68 for a pound of }{TH by passage of Resolution No. 81-78 with funds to come from the 1978-79 Utilities budget. The City Manager presented Resolution No. 81-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CONTRACT FOR CHLORINE FOR FISCAL YEAR 1978-1979. (Copy of Resolution No. 81-78 is on file in the official Resolution Book.) Mrs. Durante moved for the adoption of Resolution No. 81-78, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.e. The City Manager reported that Ordinance No. 58-78 re- lative to annexing a 23.5-acre parcel of land located in Section 7-46-43 on the west side of Davis Road between Lone Pine Road and Lake Ida Road,subject to R-1AAA (Single Family Dwelling) District, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on FirSt Reading at the August 28th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 58-78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MU- NICIPAL LIMITS OF SAID cITy; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE - RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 58-78 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. Sanson moved for the passage of Ordinance No. 58-78 on Second and FINAL Reading with the amendment to Section 3 line 2, change R-1AA to R-1AAA, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs.Durante - Yes; Mr. Sanson- Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.f. The City Manager reported Ordinance No. 61-78 adopting the 1978-79.municipal budget is before Council for passage consideration on Second and FINAL Reading. The first portion of the budget - 12 - 9/25/78 consisted of the general fund, water and sewer fund, cigarette tax fund and the utility tax fund. This ordinance was passed on First Reading at the September 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. 61-78: 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, 1978, TO THE 30TH DAY OF SEPTEMBER, 1979; TO PRESCRIBE THE TE~4S, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAY- MENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCE, AND ALL RES- OLUTIONS ~D ORDINANCES INCONSISTENT WITH THIS ORDIN- ANCE TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Ordinance No. 61-78 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 com- pliance with the laws of the S~ate of Florida and the Charter of the City of Delray Beach, Florida. The City Manager suggested that there should be two public hearings, the first,on the budget, excluding the Federal Revenue Sharing Fund, and the second, on the Federal Revenue Sharing Fund. Mr. Clare Short, Beautification Committee Chairman of the Bike Paths Section, reported that their committee submitted two projects on their budget of this year, which somehow got lost before it was reviewed by the City Manager's office, (1) on S.W. 4th Avenue from Atlantic Avenue to Miller Park (bike path), (.2) the final leg of their 8th Street project, getting bike path people to the ocean from the north and central sections of the City, and he is appealing to Council to incorporate this into the budget, amounting to$18,400.00 cost to the City. JThis is for 2.4 miles of bike path. The City has received many petitions to build bike paths. The City Manager stated that even though some items were cut from thisyear's budget, this particular item of $18,400.00 would probably have been considered as it was such a small amount compared to other items that were. cut. He reported that neither his office nor the Finance Department could locate this request for bike paths, but it could possibly be due to the change in the Director of the Parks and Recreation Department. Therefore, the City Manager wanted the Council to know that he had not previously considered this item and failed to include it in the budget. Upon question by Mayor Weekes, the City Manager repli- ed that he would be inclined to pass the budget ordinance, as is, with the understanding that Council would give individual con- sideration to this item, noting that possibly money could be obtained by substituting this item for the purchase of two vehicles in the Parks and Recreation Dep~rtment. However, he asked Council permission to Check this out further before making it official, and if money is not available there, he felt that he could raise the money somehow if Council wanted to do it. The Mayor stated that the Council would follow the City Manager's recommendation and find a way. At this point the public hearing was closed on the first portion of the budget. The Council agreed to vote on both portions of the budget after the second portion was heard. A public hearing was opened on the Federal Revenue Sharing Fund portion of the budget. - 13 - 9/25/78 The public hearing was closed on the Federal Revenue Sharing portion of the budget. Mr. Chapin moved for the adoption of Ordinance No. 61-78 on Second and FINAL Reading which adopts the City of Delray Beach's 1978-1979 budget, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr.Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. Before roll call the City Attorney asked the Mayor if he would open and close one more public hearing on the Anti-Recession Fund, as the City Manager had failed to list it in the first listing. The City Manager reported that he had failed to name the Anti-Recession Fund as being part of the Regular Budget and not a part of the Federal Revenue Sharing. A public hearing was opened on the Anti-Recession Fund portion of the budget. The public hearing was closed on the Anti-Recession Fund portion of the budget. Before roll call Mr. Sanson questioned the City Manager as to when the City would have the Anti-Recession funds. The City Manager responded that they never know on that program, nor the CETA Program, or the Man Power Program until they are notified. The City would tailor their spending until future funds arrive. Mrs. Durante suggested that the public be better informed on the budget before it comes up for Second and FINAL reading in the future. The Mayor concurred by saying that between the time the budget is presented to Council and before it is considered at workshop, the public should be notified of its existence. At this point the roll to the motion was called. 8.a. The City Manager rec©mmended that Resolution No. 78-78 establishing the City's millage rates for the 1978-79 fiscal year be adopted. The resolution is in conformance with prior discussions and actions with respect to the establishment of the City's 1978-79 budget. This resolution sets the operating rate at 6.9336 mills, it sets debt service rate at 1.19 mills for a total of 8.1236 mills or a total reduction of 1 mill in tax rate. The City Manager presented Resolution No. 78-78: A RESOLUTION TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST IN BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 78-78 is on file in %he official Resolution Book.) Mr. Chapin moved for the passage of Resolution No. 78-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. ~ The City Manager reported that Ordinance No. 65-78 has been prepared for Council consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 2 :'Administration" of the Code of Ordinances relative to increasing the compensation of Council ~embers. This ordinance was passed on First Reading at the September 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. - 14 - 9/25/78 The City Manager presented Ordinance ~o. 65-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ~ENDING SECTION 2-1.1 TO PROVIDE THAT EACH COUNCIL MEMBER'S SALARY SHALL BE INCREASED FROM $300 PER MONTH TO $400 PER MONTH AND THE [.~AYOR'S SALARY SHALL BE INCREASED FROM $400 PER MONTH TO $500 PER MONTH; REPEALING ALL ORDINAMCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. (Copy of Ordinance No. 65-78 is on file in the official Ordinance Book.) The City Manager read the caption for the ordinance. A public hearing was held having been legally advertised in com- pliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Sanson moved for passage of Ordinance No.65-78 on Second and FINAL Reading; seconded by Mrs. Durante. Upon roll call the Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.h. The City Manager reported that Ordinance No. 66-78 amending the Charter and Civil Service Act has been prepared for Council consideration on Second and FINAL Reading. This ordinance provides that employees covered by a collective bargaining agree- ment shall not receive the benefits of the Civil Service System unless otherwise provided in the Code of Rules and Regulations or Personnel Policies adopted by the City or the collective bargaining agreement to be voted on in a referendum election on November 7, 1978. This ordinance was passed on First Reading at the September 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. 66-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM TO BE HELD NOVEMBER 7, 1978, ADDING TO PART I, SECTION 4.04 OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, A SUBSECTION (j) AND AMENDING SECTIONS 2 AND 4 OF THE CHARTER AND CIVIL SERVICE ACT, WHICH SECTIONS OF THE CHARTER AND CIVIL SERVICE ACT PROVIDE FOR THE ESTABLISHMENT OF A CIVIL SERVICE BOARD, A CODE OF CIVIL SERVICE RULES AND REGULATIONS, AND PERSONNEL POLICIES; AND WHICH SECTIONS, CODE AND PERSONNEL POLICIES PROVIDE TERMS AND CONDITIONS OF EMPLOYMENT AND A SYSTEM OF CIVIL SERVICE FOR CITY EMPLOYEES; SAID AMENDMENTS i TO PROVIDE THAT THE CIVIL SERVICE BOARD, THE CODE OF CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES SHALL CONTINUE TO APPLY TO AND BE MAINTAINED FOR ALL REGULAR EMPLOYEES WHO ARE NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT AND THAT REGULAR EMPLOYEES WHO ARE COVERED BY COLLECTIVE BARGAINING AGREEMENT, UNLESS OTHERWISE PROVIDED EITHER IN THIS ORDINANCE, OR IN THE CODE OF CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES OR IN THE COLLECTIVE BARGAINING AGREEMENT, SHALL BE REMOVED FROM THE BENEFITS OF THE CIVIL SERVICE ACT, CIVIL SERVICE CODE OF RULES AND REGULATIONS AND PERSONNEL POLICIES. (Copy of Ordinance No. 66-78 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 com- pliance with the laws of the State of Florida and the Charter of - 15 - 9/25/78 the City of Delray Beach, Florida. The public hearing was closed. Mrs. Durante moved for the passage of Ordinance No. 66-78 on the Second and FINAL Reading, seconded by Mr.Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call Mr. Sanson asked the Mayor if this was going to be scheduled for workshop as to how Council will handle informing and educating the public about this. The Mayor responded by asking the City Manager to schedule this for the next workshop. At this point the roll to the motion was called. 8.i. The City Manager reported that Ordinance No. 67-78 amending Chapter 9 "Building Code" of the Code of Ordinances relative to de- molitions has been prepared for Council consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 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. 67-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~4ENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING ARTICLE II, "UNSAFE BUILDINGS" AND ENACTING A NEW ARTICLE II ENTITLED "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS", SETTING FORTH ITS APPLICATION TO UNSAFE BUILDINGS AS THEREIN DEFINED; DEFINING SPECIFIC WORDS AND PHRASES; PROVIDING COMPLIANCE REQUIREMENTS FOR ALTERATIONS, ADDITIONS AND REPAIRS; DESIGNATING AN ENFORCEMENT OFFICER AND SETTING FORTH HIS POWERS AND DUTIES; PROVIDING FOR INSPECTIONS, DESIGNATING STANDARDS FOR COMPLIANCE; PROVIDING FOR NOTICE OF NON-COMPLIANCE, NOTICE TO VACATE, POSTING NOTICE OF UNSAFE BUILDINGS; PROVIDING FOR APPEALS TO THE EXIST- ING BOARD OF ADJUSTME~T, RULES OF PROCEDURE FOR HEARING APPEALS, ALLOWING THE BOARD OF ADJUSTMENT TO APPOINT HEARING EXAMINERS AND TO ISSUE SUBPOENAS, SETTING FORTH A FORM OF NOTICE OF HEARING; PROVIDING FOR RE- CORDING OF COST OR REPAIR OR DEMOLITION, LIENS, VIO- LATIONS AND PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 67-78 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 com- pliance 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. 67-78 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante -Yes; Mr. Sanson - Yes~ Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. ~ The City Manager reported that Ordinance No. 68-78 has been prepared for Council consideration on Second and FINAL Reading. This ordinance, if passed, will provide for a referendum to be held on November 7, 1978, amending Article V "Elections" of the City Charter. This ordinance was passed on First Reading at the September 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. - 16 - 9/25/78 The City Manager presented Ordinance No. 68-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM TO BE HELD ON NOVEMBER 7, 1978, AMENDING ARTICLE V, "ELECTIONS", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 5.04 (a) AND (b) (1) AND ENACTING A NEW SECTION 5.04(a) AND (b) (1) IN LIEU THEREOF, AND ~.4ENDING SECTION 5.04 (c)(1); ~ICH SECTIONS OF THE CHARTER SET FORT}{ THE REQUIREMENTS FOR ELECTION OF CANDIDATES IN THE FIRST AND SECOND NONPARTISAN ELEC- TION; SAID AMENDMENT TO CLARIFY THE NUMBER OF VOTES REQUIRED FOR ELECTION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 68-78 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 com- pliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The Citv Attorney advised that one change has been made in Ordinance No. 68-78~namely, page 2, changing council offices to vacancies. The public hearing was closed on Ordinance No. 68-78. Mr. Sanson moved for passage of Ordinance No. 68-78 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion w~s passed with a 4 to 0 vote. 8.k. The City Manager reported that Ordinance No. 69-78 re- pealing Chapter 8 "Boats, DOcks and Waterways" and amending Chapter 15 "Health and Sanitation" of the Code of Ordinances relative to seawalls has been prepared for Council consideration on First Reading. This was discussed at the March 20th workshop meeting. The City Manager presented Ordinance No. 69-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING. CHAPTER 8, ARTICLE II, "SEAWALLS", OF THE CODE OF ORDINANCES; ~ENDING CHAPTER 15, ARTICLE I, "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES BY ENACTING A NEW SECTION 15-4.1 REQUIRING CONSTRUCTION OR MAINTENANCE OF SEAWALLS IN CERTAIN SITUATIONS DECLARED TO CONSTITUTE A PUBLIC NUISANCE; AMENDING THE SECOND PARAGRAPH OF SECTION 15-6 AND SECTION 15-8(1) AND (2) TO ALLOW ~ EXTENSION OF TIME FOR ABATE.~MENT OF NUISANCES IN THE CASE OF VIOLATION OF SECTION 15-4.1 PERTAINING TO SEAWALLS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption of Ordinance No. 69-78 on First Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durant¢ - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call Mr. Sanson suggested that a guard rail and reflectors be installed on the seawall along [4arine Way for safety. The City Manager stated that this had been discussed before and the reason the City had done nothing is because the installation could be construed to mean that the City is responsible for any accidents, but he would investigate this matter further. 8.1 The City Manager reported that Ordinance No. 70-78 amending Chapter 13, Article II, Division 2 "Delray Beach Community Antenna Television Franchise Ordinance" of the Code of Ordinances to allow - 17 - 9/25/78 grantee to solicit for subscriptions for service has been pre- pared for Council consideration on First Reading. The City Manager presented Ordinance No. 70-78: ~q ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, ARTICLE II, DIVI- SION 2, "DELRAY BEACH CO~,~UNITY ANTENNA TELEVISION FRANCHISE ORDINANCE", OF THE CODE OF ORDINANCES BY ENACTING A NEW SECTION 13-29.1 TO ALLOW GRANTEE TO SOLICIT FOR SUBSCRIPTIONS FOR SERVICE; REQUIRING COM- PLIanCE WITH CERTAIN CONDITIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Sanson moved for the adoption of Ordinance No. 70-78 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.m. The City Manager reported that Ordinance No. 71~78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to common facilities has been prepared for Council consideration on First Reading. Ordinance No. 28-78 relative to common facilities was tabled on Second and FINAL Reading at the May 5th meeting and Council decided at the July 17th workshop meeting not to adopt the ordinance. Ordinance No. 71-78 repeals all provisions of the zoning code pertaining to this subject. The City Manager presented Ordinance No. 71-78: 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, FLORIDA, BY REPEALING ALL SECTIONS OF THE ZONING CODE %~HICH REQUIRES THE APPROVAL OF THE CITY ATTORNEY'S OFFICE IN REGARD TO THE OWNERSHIP AND ~.~INTENANCE OF COMMON PROPERTIES SUCH AS RECREATIONAL AREAS, UTILITIES AND STREETS IN MULTIPLE FAMILY AND PLANNED RESIDENTIAL ZONING DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for passage of Ordinance No. 71-78 on First Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson- Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.n. The City Manager reported that Ordinance No. 72-78 re- lative to rezoning and placing land zoned LI[Light Industrial) District in SAD ~Special Activities) District in Section 19-46-43 ~ at the southeast corner of the intersection of Congress Avenue and Lowson Boulevard has been prepared for Council consideration on First Reading. Second and FINAL Reading and public hearing will be held at the meeting on October 9th. The City Manager presented Ordinance 72-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING L~ND PRESENTLY ZONED LI ~ LIGHT INDUSTRIAL) DISTRICT IN THE SAD (SPECIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 3.9 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF CONGRESS AVENUE AND LOWSON BOULEVARD IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. - 18 - 9/25/78 The City Attorney advised that the Planninq and Zoning Board has expressed concern relative to the restriction of hours of operation for just restaurants, on page 2, paragraph B, "Any restaurant use shall be operated only between the hours of 7:00 A.M. to 11:00 P.M." He suggested that the hours should apply to all the uses. Mr. Sanson excused himself at 10:30 P.M. from the vote, but he expressed his concern for the operation of restaurants, food stores, etc., in the aspect of whether or not they could deteriorate the residential atmosphere of that neighborhood. Henry Skikowski, Urban Design Studio representing John Paulson, referred to a letter to Council stating that Mr. Paulson was in agreement with Council's hours of 7:00 A.M. to 11:00 P.M. and indicated that the restaurant would be a family sit-down type restaurant as opposed to the fast food type outlet. He questioned that if a use should arise in the future reqUiring some deviation for some reason, how would the owner, Mr. Paulson, present that to Council. The Mayor replied that if the owner agreed to this at this time and Council passes the motion with those restrictions, the owner could bring the issue back up at the public hearing to be held two weeks from this meeting. Mr. Chapin moved for the adoption of Ordinance No.72-78 with the amendment that Section 2b require that all uses shall be operated between the hours of 7:00 A.M. and 11:00 P.M., seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. Mr. Sanson returned to the meeting at 10:35 P.M. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on September 19th, recommended by unanimous vote, that the conditional use approval request for Marion Wall Dance Studio located in Section 9-46-43, at the southeast corner of the intersection of N.E. 8th Street and N.E. 7th Avenue be approved. Mrs. Durante moved that the Council sustain the recommend- ation of the Planning and Zoning Board, seconded by Mr. Chapin. Said motion passed unanimously. 9.b. The City Manager reported that the Planning and Zoning Board at a meeting held on September 19th, recommended by unan- imous vote that the final plat approval request for Palms of Delray, located in Section 29-46-43 east of Jaeger Drive between Dotterel Road and Curlew Road be approved, subject to the following: (1) Comments of the City Engineer as stated in his memorandum of September 14th. (2) Comments of the Director of Public Utilities as stated in his September llth memorandum. (3) Availability of water. Mr. Chapin moved that Council sustain the recommendation of the Planning & Zoning Board to approve the final plat request for Palms of Delray subject to the comments of the City Engineer and Director of Public Utilities, seconded by Mrs. Durante. Said motion passed unanimously. 9.c. The City Manager reported that the Planning and Zoning Board at a meeting held on September 19th, recommended by unanimous vote that Dixie Boulevard, located in Section 20-46-43 north of Linton Boulevard between S.W. 8th Avenue and the Florida East Coast Railroad be changed to Southridge Road. The name change was re- questea by the Post Office. - 19 - 9/25/78 Mr. Sanson moved that the recommendation of the Planning and Zoning Board be sustained, seconded by Mr. Chapin. Said motion passed unanimously. 9.d. The City Manager reported that an application has been received from Carole Siemens to annex a 12.5-acre parcel of land, subject to CC (Community Commerical) District. The property is presently vacant, and the proposed use is for a shopping center. The Planning and Zoning Board at a meeting held on September 19th, recommended by unanimous vote that the property be annexed subject to the CC zoning. Since this request for CC zoning conforms to the Master Plan, approval of the annexation is recommended. This proper{y is presently zoned in the County as CN (Neighborhood Commerical). It is recommended that the City Attorney be directed to prepare the ordinance effecting the annexation. Mr. Chapin moved that Council sustain the recommendation of the Planning and Zoning Board regarding this request for annexation and direct the City Attorney to prepare the ordinance, seconded by Mrs. Durante. Said motion passed unanimously. 10. The City Manager recommended that Council authorize payment of the City's bills. Mr. Sanson moved that Council ratify payment of the City's bills, seconded by Mr. Chapin. Said motion passed unanimously. General Fund ................ $450,912.57 Cigarette Tax Fund ............ 10,000.00 Special Projects Fund ......... 36,374.00 Improvement Fund .............. 25,000.00 Beach Restoration ............. 110,000.00 Lowson Blvd. W&S Project .......... 5,000.00 Fed. Public Works Fund ........... 2,955.00 Water and Sewer Fund ............ 302,000.00 Cemetery Perpetual Care .......... 2,000.00 Special Assessment Fund ........... 7,500.00 Mr. Chapin moved at 10:50 P.M. for the adjournment of the meeting, seconded by Mrs. Durante. Said motion passed un- animously City Clerk APPROVED: I~kAYOR 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 25, 1978, which minutes were formally approved and adopted by the City Council on ~. ~ /~ ~ /- 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. - 20 - q/~/uR