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04-09-85 APRIL 9¢ 1985 A Regular Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:05 P.M., Tuesday, April 9, 1985. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak $. Campbell Absent - None Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend George L. Champion, St. Paul's A.M.E. Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Jackel moved for approval of the minutes of the Regular Meeting of March 26, 1985 and Special Meetings of March 21, 1985 and March 28, 1985, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.a.1. Mrs. Elaine Roberts, 312 N. Swinton Avenue, thanked the City for the cleanup of Lake Ida Road and stated that it looks beautiful. 5.a.2. Mr. Robert McCulloch, 1885 N.W. 9th Street, representative of the Delray Shores Professional Plaza Condominium Owners Association, Inc., discussed the crime problem in the vicinity of Delray Shores Professional Plaza and Rainberry Lakes. He outlined recent incidents of vandalism, break-ins and purse-snatching. He also discussed the problem of noise from dirt bikes and belligerent youngsters in the area. He requested that Council make a commitment to take action to stem crime in that area. Upon question by Mr. Weatherspoon, Mr. McCulloch stated that the Chief of Police recognized his problem and offered to do what he could in regard to extra surveillance. Today he observed both the Palm Beach County Sheriff's Department and City Police coming through his property. Mr. Bird stated that it is important that the citizens remember that they bear the primary responsibility for law enforcement. They have to report what happens or it will never get cured. Mayor Campbell suggested that Mr. McCulloch contact the Homeowner Groups in the area for discussions regarding the problem with the youngsters. This item will be under further consideration by Council this summer and that might be a good time for Mr. McCulloch to renew his request. He believes that law enforcement and crime should be a top priority in the community and he assured Mr. McCulloch that it will not be ignored. Discussion was had in regard to Crimewatch programs. Mr. Jackel felt they do no good. Mrs. Horenburger felt that the program should be investigated as well as stepping up enforcement. Mr. Jackel felt it is up to the City Administration to control the problem. Mr. Bird pointed out that a large portion of the area in question is in a County pocket. 5.a.3. Mr. Robert Karp, 46 Marine Way, read into the record a letter from the newly formed Palm Square Marine Way Homeowners Associ- ation regarding rezoning and parking in the area. (Copy is attached). Mayor Campbell thanked Mr. Karp for his interest and assured him that his Association will be notifed about any possible changes in the area. He added that consideration might come from the Atlantic Avenue Task Force or DDA. If neither of those two groups is pushing for changes in the area, Council probably will not do anything of its own volition. He suggested Mr. Karp might want to contact those groups. Mr. Bird explained that the issue of a promenade area along the waterway, which he endorses, and the issue of improvements to the downtown business community got combined into one newspaper article. He apologized to Mr. Karp and his neighbors if it caused them any concern. 5.a.4. Dr. Stevenson, 435 Palm Trail, stated she received a cita- tion from the Code Enforcement division regarding a trash pile on her corner, and expressed concern over the method in which the City issues Code violations in that they issue violations without investigating the complaint or the complainant. Mayor Campbell advised that the issue of Code Enforcement is under serious consideration as to appropriate changes and procedure improvements. He suggested that Dr. Stevenson condense her recommenda- tions in a memo to Council and they will take them under consideration. He added that she should have contacted the City immediately upon being cited if there was any impropriety. Upon Dr. Stevenson's request, Mayor Campbell asked the City Manager to advise her when the issue of Code Enforcement comes before Council again. 5.b.1. Mr. Weatherspoon commended staff for the cleaning up of Roosevelt Avenue. The City Manager advised that this is part of the program which Council authorized recently with the money left over from the last cleanup. They have a temporary cleaning crew working out there and they will continue working for another week or so. 5.b.2. Mr. Weatherspoon expressed concern over the time delay with regard to the Community Block Grant. He would like to see the Carver Middle School project moved forward and suggested taking funds out of the Impact Fund for this project and replacing them when the Grant money comes in. The City Manager stated that they cannot simply do that without pre-approval by HUD; there are specific guidelines they must follow. Upon question by Mayor Campbell, the City Manager advised that they will be entitled to start spending the money as soon as they re- ceive notification that the Grant is approved; about 30 days after filing final application. They will not file application until Council votes on it which will be, hopefully, at their next meeting. Mr. Bird stated that they will need an approved plan and signed contract before they can expend any money. He hopes they can do both within the next two weeks. The City Manager stated he will work this out. 5.b.3. Mrs. Horenburger asked staff to prepare an outline of the steps one must take in applying for annexation to the City, particularly those who live in single family homes. Mr. Bird stated in 1979-80 they assigned a staff member to be liaison to people who wished to annex to help them through the pro- cess. He suggested they direct staff to again establish such a liaison person. 5.b.4. With regard to Code Enforcement, Mrs. Horenburger suggested they consider posting a large red sign with the word "violation" on the properties that have been cited and have not been cleaned up. They might also consider imposing a fine for the removal of that sign. Mayor Campbell stated that would ensure the public that the City is not ig- noring the problem. The City Attorney stated that presently they post only those properties that do not receive mail. He advised that this can be done but he will have to look into some Code modifications. - 2 - 04/09/85 ~r. Bird stated that there is a trash pile which obstructs sight for northbound traffic on Swinton Avenue. He asked if there is any way to accelerate the process in this instance. The City Attorney advised that there is a provision for safety-related violations wherein they can bypass the hearing and contest the cost later on. Mr. Bird recommended doing that. 5.b.5. Mr. Bird stated that the Area Planning Board, which operates County-wide, has been trying to upgrade its membership by finding people who have considerable experience in zoning matters to serve. They have such a vacancy at this time. He added that one of their best qualified members has expressed a willingness to serve and he suggests they for- mally nominate her to the Municipal League and suggest that she be seated in that position on the Area Planning Board. Mr. Bird moved that Mrs. Horenburger be formally nominated to the Municipal League for that position, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horen- burger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.6. Mr. Jackel thanked all those involved in the City cleanup. 5.b.7. Mr. Jackel noted that Council received a memo from hrs. Roberts regarding the water service agreement between this City and Highland Beach. He feels this agreement should be continued; however, the price should be revised from 25¢ per thousand gallons to, perhaps, 55¢ per thousand. If Council agrees, he would ask the City Manager and Mr. Pontek to study the matter and bring it back to Council. Also, the agreement states that the flow is about 40,000 gallons per hour; he is not sure that figure is correct and would like to hear from Mr. Pontek on it. Mr. Bird suggested that they expand the scope of that re- quest and have staff bring to Council for review all of the Interlocal agreements (fire, water, sewer, etc.) that require the ~City to take action. Further, there should be a mechanism that permits a periodic review of those. Mrs. Roberts advised that the Highland Beach Utilities Director was fired by the new Town Manager and four other water plant operators have walked off the job. There is a strong possibility that the DER and the Health Department may shut down the water plant because there is only one person to run it who is certified. This is a serious matter and she feels Delray Beach should continue this agreement. It was the consensus of Council to have the City Manager look into this and the other agreements and report back to Council as soon as possible. 5.b.8. Mr. Jackel stated that on Item 18 of the Consent Agenda, the figure should be $10,000, not $9,000, according to a memo from Nancy Davilla. 5.b.9. Mayor Campbell presented a proclamation proclaiming the 3rd Saturday in April as "Arbor Day". 5.b.10. Mayor Campbell advised that Mrs. Davilla, City Horticul- turist, will be coming to Council soon with a proposed order for trees to be planted around the cemetery. He would like Council's consensus to authorize the expenditure of approximately $3500 for this project. They had allocated $6,000 under beautification which was intended to go toward a beautification booklet; however, due to the generosity of some benefactors in the area, beautification will only need $2000 which leaves $4000. He recommends a motion be made to spend $3500 on trees at the cemetery and an additional $500 be spent on Malayan Green Coconut Palms to be planted seaward of the Dune line. These trees will grow very fast and he feels will enhance the beach. - 3 - 04/09/85 Mrs. Horenburger moved to spend $3500 for trees at the cemetery and $500 for Malayan Green Coconut Palms at the beach, seaward of the dunes, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird stated that when Mayor Campbell was absent they discussed a broader planting plan for the cemetery. He would like to see the specificity of that reduced to the allocation of the dollars and have the Cemetery Advisory Board suggest just how those funds should be spent. One of the things they discussed that night was changing the entrance in order to facilitate the use of that facility. Mayor Campbell stated that his recommendation has no bearing on the entrance. The City Manager advised that the $4,000 is already budgeted for this purpose and Council does not have to reappropriate the money. At this point the roll was called to the motion. 5.b.ll. Mayor Campbell reported that the County Commission has chosen not to collect impact fees other than from developers. His concern is that if the County is not going to aggressively pursue this, needed projects in the South County may be delayed. He has drafted a preliminary resolution requesting that, if there is going to be any change in the priority system or funding of roads in South County, they need to be considered on an equal basis with the rest of the County with regard to the gasoline tax and the General Revenue Fund. Upon question by Mr. Bird, Mayor Campbell explained that if a developer could not pay the money he owed, it fell to the landowner and a lien could be placed on the property. The County has now decided not to pursue the lien approach against the property owner; to only pursue the IOU's against the developers. Mayor Campbell stated that the resolution is in a rough form for review and input from Council and the community. 5.c.1. The City Attorney reported that there is a lawsuit pending involving a person who was allegedly injured at one of the showers in the vicinity of the beach. The insurance company and outside attorney have offered to settle the case for $15,000. It would come from the City's Self Insurance Retainage Fund. Mr. Jackel moved to settle the case for $15,000, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.c.2. The City Attorney reported that they have had a re-offer of a settlement with regard to a lawsuit. It involves the Young case against the City for a property dispute along N.W. 9th Avenue. They have offered to trade the lot in dispute for a City lot. He recommends rejection of the offer. Mrs. Horenburger moved to reject the offer, seconded by Mr. Bird. Mr. Bird stated that since the parcel in question includes a road used by the public, he suggests that staff be instructed to insure that the thoroughfare remains open. Upon comment by Mrs. Horenburger, Mr. Bird stated he is talking about having the Court reaffirm the citi- zens' right to access. Upon question by Mayor Campbell, Mr. Weather- spoon stated that the residents would mind having the road closed. The City Attorney stated if that is Council's consensus, he would take that as authorization to file a counterclaim at the appropriate time for in- junctive relief and seek a temporary restraining order pending the outcome of the litigation. Mrs. Horenburger amended her motion to include that the City Attorney be authorized to file a counterclaim for injunctive relief and seek a temporary restraining order pending the outcome of the litiga- tion, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 4 - 04/09/85 5.c.3. The City Attorney reported that a matter is coming before the Code Enforcement Board one week from Friday. The case involves a zoning dispute concerning non-conforming use of property and an alleged violation of density on a parcel in a single family residential dis- trict. Based on the complexity of the legal issues, his office recom- mends that the City retain an outside attorney to act as advisor to the Code Enforcment Board so that his office can step down and act in a prosecutorial sense. They recommend utilizing the services of Bill Doney from West Palm Beach. He is the advising attorney to the West Palm Beach Code Enforcment Board and would bill the City hourly for the time spent. Mr. Bird moved to retain Bill Doney as attorney for the Code Enforcement Board, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.c.4. The City Attorney stated that the Firefighters Bill of Rights is coming up before the Senate. They have received a request to have him go to the Senate hearing next Tuesday to lobby against the bill in its present format. Mrs. Horenburger moved to have the City Attorney lobby against the bill, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.c.5. The City Attorney stated that the motion to approve Item 19 should be subject to the City entering into an additional service agree- ment of the nature they've been doing. In regard to Item 30 the discus- sion should include reapproval of the Linton Boulevard landscaping permit without the language changes. 5.d.1. The City Manager reported that an Award of Merit was pre- sented to Delray Beach on March 1, 1985 in recognition of excellent achievements in local government in the field of Parks and Recreation. Plumosa Park will be featured at the National Parks & Recreation Associ- ation' s meeting. 6. Mayor Campbell requested that Items 15 and 16 be removed from the Consent Agenda and put at the beginning of the regular agenda. Mr. Jackel moved for approval of the agenda changing Item 18 from $9,000 to $10,000 for the Pittosporum, amending Item 19 as indi- cated by the City Attorney and moving Items 15 and 16 to the regular agenda, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.. 7. Mr. Paul Brimmer, Ernst and ~inney, CPA, made an audit presentation for the fiscal year ended September 30, 1984 and distri- buted copies of the report to Council Members. He briefly outlined highlights of the report and suggested that Council read the report for more detailed information. This report will be going to the City's Internal Audit Committee for further study. PUBLIC HEARING 8. Ordinance No. 24-85 - Chan~in~ the City's Land Use Plan Designation (Alfieri-Pugliese). Ordinance No. 24-85, relative to chang- ing the City's Land Use Plan Designation in the Comprehensive Plan for a 25.22-acre parcel, located at the northwest corner of Congress Avenue and $.W. 29th Street, is before Council for consideration on Second and FINAL Reading. 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. - 5 - 04/09/85 The City Manager presented Ordinance No. 24-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND S.W. 29TH STREET, FROM MF-10-MULTIPLE FAMILY TO POI-PROFESSIONAL, OFFICE AND INSTITUTIONAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 24-85 is on file in the official Ordinance Book) The City Attorney 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. Mr. Hugo Benson, Sabal Pine East, stated that Council should be aware that Sabal Pine East will soon be surrounded on three sides by asphalt parking lots. He hopes that steps will be taken to provide a buffer zone to screen as much of that as possible. Mayor Campbell noted that the site plan has not come before Council yet. When it does, they will look at it carefully with regard to landscape and buffering requirements. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 24-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 25-85 - Alfieri-Pu~liese Rezonin~. Ordinance No. 25-85, relative to rezoning a 25.22-acre parcel from RM-10 (Multiple Family Dwelling) District to POI (Professional, Office and Institu- tional) District, is before Council for consideration on Second and FINAL Reading. The property is located at the northwest corner of Congress Avenue and S.W. 29th Avenue. 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. 25-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN POI (PRO- FESSIONAL, OFFICE, AND INSTITUTIONAL) DISTRICT, A TRACT OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND S.W. 29TH STREET, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 25-85 is on file in the official Ordinance Book) The City Attorney 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. Jackel moved for the adoption of Ordinance No. 25-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 6 - 04/09/85 CONSENT AGENDA 10. Construction of Dock - Tropic Isle. Council is to consider a request for variance of the City Code toallow Michael Bacarellas, the owner of Lot 169, Tropic Isle, to extend the proposed dock within five feet of the adjacent properties. Approval is recommended. 11. Surplus Property. Council is to consider authorizing adver- tising of surplus property for sale and retaining Foster Auctioneers to conduct the auction. Approval is recommended. 12. Polymer for %~ter Treatment Plant. Council is to consider award of a contract to American Cyanamid (sole source) in the amount of approximately $40,000 per year for 844A Polymer, which was determined by the engineers to produce superior settling results and has been in use at the plant for several years. Funds are to come from the 1984/85 budget. Approval is recommended. 13. Final Payment - Lift Station No. 17. Council is to consider final payment to Donestevez Mechanical Contractors in the amount of $4,871.32 for completion of Lift Station No. 17 refurbishing. The City has accepted the facilities and work has been completed. Funds are to come from the 1984/85 budget. Approval is recommended. 14. Drainage Pro~ect - Pines of Delray East. Council is to consider award of a contract for the Pines of Delray East drainage proDect to the low bidder, Johnson-Davis, Inc., in the amount of $44,420, with funds to come from the 1984/85 Capital Improvements Re- serve. Approval is recommended. 17. Tax Funds - Downtown Development Authority. Council is to consider authorizing DDA to begin expending funds received from tax sources. 18. Beach Dune Restoration Planting. Council is to consider authorizing funding of $18,400 from the beach restoration fund for: Sand Fence $ 8,400 Pittosporum 10,000 19. Copier for Utility Billing. Council is to consider approval of lease-purchase of a Canon NP-250 copier for 48 months in the amount of $5,424 for Utility Billing, with funds to come from the 1984/85 budget, subject to entering into an additional service agreement. Approval is recommended. 20. Nuisance Abatement. Resolution No. 29-85, assessing costs of abating nuisances in accordance with Sections 13-12 and 13-13 on 12 parcels, is before Council for consideration. The caption of Resolution No. 29-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 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 INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 29-85 is on file in the official Resolution Book) - 7 - 04/09/85 21. Annexation Request - Southwest corner of N.W. llth Street and N.W. 4th Avenue (Robert E. and Doris Ryan). Resolution No. 30-85, re- questing permission from the Palm Beach County Board of Commissioners to rezone a 0.34-acre parcel, subject to R-1AA (Single Family Dwelling) District, is before Council for consideration. It is zoned RS (Resi- dential Single Family) in the County and designated SF (Single Family) on the City's Land Use Plan. The Planning Director recommends approval since the request is consistent with the City's Land Use Plan. The caption of Resolution No. 30-85 is as follows: 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 ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUN~f ZONING CLASSIFICATION RS-RESIDENTIAL, TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DIS- TRIC T. (Copy of Resolution No. 30-85 is on file in the official Resolution Book) 22. Resubmission of Application - Barwick Park. Resolution No. 31-85, authorizing the resubmission of an application requesting funds relative to the development of Barwick Park, Phase II, is before Council for consideration. The caption of Resolution No. 31-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE RESUBMITTAL OF AN APPLI- CATION TO THE STATE OF FLORIDA DEPARTMENT OF NATURAL RE- SOURCES REQUESTING AND SETTING FORTH THE NEED FOR FUNDS IN REGARD TO: DEVELOPMENT OF BARWICK PARK PHASE II. (Copy of Resolution No. 31-85 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda with the changes to Items 18 and 19, and moving Items 15 and 16 to the regular agenda, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 15. Lifeguard Stands. Council is to consider award of a con- tract for three enclosed lifeguard stands to the low bidder, J. Bruce Beattle in the amount of $20,542, with funds to come from the 1984/85 budget. The City Manager advised that one will be located in front of Atlantic Dunes, one in front of the main headquarter station and one north of that. He distributed a photo of a similar tower located on a County beach. Council discussion was had with regard to the cost and the features of the towers. The City Manager advised it has glass windows. Mr. Bird expressed concern about heightened liability and suggested that when the weather is such that the windows and door of the lifeguard tower need to be closed, a sign should go out front that the City is no longer responsible. The City Attorney felt they should look into establishing that type of policy. Upon question from Mrs. Matthews regarding broken glass on the beach, Mr. Robert Barron, Beach Supervisor, advised that the towers are designed to be shuttered from the inside. He further pointed out that Delray will be one of the last major beaches in South Florida to use enclosed towers. Mayor Campbell suggested putting in one tower on an experimental basis. Mrs. Horenburger had a concern about the door being on the side of the stand; that it might take longer for the life- guard to get out. - 8 - 04/09/85 Mr. Barron advised that they have staff with ten years service and he expects to be lifeguarding for 25-30 years. He already has some skin cancer on his face. The City of San Clemente did a study on professional lifeguarding and skin cancer. It was determined that in about the 10th year of service skin cancer becomes prevalent. They have already had three staff members with extensive problems. These towers are shown by the glass enclosure to moderate that problem. That is one of their major functions. The National Lifeguarding Association ad- vocates them tremendously for protection of the guard, relief of the fatigue from sitting in the elements and improving ability to maintain a vigilance. Mr. Weatherspoon felt they should check with other cities using them to see how satisfied they are. Mayor Campbell wanted an opportunity to look at one before voting on this issue. Mr. Barron advised that the Town of Gulfstream and South Inlet Park in Boca Raton have similar ones. The major difference is that theirs will provide storage space underneath for their rescue equipment. Mayor Campbell asked that the City Manager or Mr. Barron make inquiries as to what the other cities have experienced with these stands. It was the consensus of Council to consider this item on the next regular agenda. 16. Site Plan Approval - Superior Plaza. Council is to consider a request for site plan approval for Superior Plaza, a proposed 8,888- square foot print shop located on the east side of S.E. 6th Avenue, between S.E. 7th Street and S.E. 9th Court. The Planning & Zoning Board approved this by a 5-0 vote subject to the following conditions: (1) Engineering Division's memorandum of February 7, 1985. (2) That all areca palms damaged or lost from weather or otherwise, be replaced. (3) That all improvements be completed in accordance with the approved site plan. (4) That the time limitation of this approval be eighteen (18) months pursuant to Sec. 30-22 (E) of the Zoning Code. Mayor Campbell wanted it understood as a condition of the site plan that the trees will not be disturbed. Mr. Bird moved for site plan approval for Superior Plaza, subject to the conditions set forth, seconded by Mrs. Horenburger. Upon question by Mayor Campbell, Mrs. Finst and Mrs. Roberts, CAB, advised that this will be a reflective blue building. They voted against it but the majority of the CAB was in favor of it. Mr. Richard Doty, petitioner, advised that the roof will be white and the glass will be blue-green reflective, like the City Hall glass. Mayor Campbell stated that if the tree barrier will not be sufficient, he suggests that the petitioner buy additional trees to put in the right-of-way which will grow up and hide the building. Mr. Doty advised that the people who live in the area are unanimously in support of this project and he has done everything to protect them. Mayor Campbell requested that there be a solid tree line on that right-of-way. If it is already there, fine; if not, they require that it be planted. Mr. Bird amended his motion to include a solid tree line on the right-of-way, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. - 9 - 04/09/85 Mrs. Finst stated that there are several other glass build- ings proposed and if Council objects to this type of building, now would be a good time to do something. Mayor Campbell stated although he does not particularly like them, he feels that Council cannot dictate archi- tectural schemes. This particular building will probably be very hand- some with the hip roof. The point he is trying to make is that the more they create architectural diversity on small lots, the more they will end up with hodgepodge, which is not harmonious. He would like the CAB to consider this more. 23. Appointment - Civil Service Board. Council should consider appointment of one regular member to the Civil Service Board to a term ending April 1, 1987. Mr. Jackel moved for the reappointment of Carl Bayer to a second term on the Civil Service Board, seconded by Mr. Weatherspoon. Mayor Campbell stated that they delayed this item once before. He had heard some adverse comments from various members of staff because of positions taken with regard to some hearings. In consideration of that, he is not sure he can vote for the reappointment. Mr. Jackel stated that he has not heard those comments. He has heard from members of the Civil Service Board that Mr. Bayer has done an excellent job. Mr. Weatherspoon stated that he has not heard any ad- verse comments about this gentleman. If Council feels he has not served in the best interest of the community, he would like to know about it so he can vote intelligently. Mr. Bird made a substitute motion to delay action on this for two weeks, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 24. Appointment - Board of Adjustment. Council is to consider appointment of one regular member to the Board of Adjustment to a term ending March 15, 1988. Mr. Bird moved to appoint Alvaro Vera, alternate, as a regular member of the Board of Adjustment, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 25. Appointment - Downtown Development Authority. Council is to consider appointment of one member to the DDA to a term ending July 1, 1986. Mr. Bird moved to appoint Mr. Michael Marino of Sobering's to the DDA, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mrs. Connie Tuttle, Chairman of DDA, stated that Michael Marino has been working for Sobering's on Atlantic Avenue since 1970 and he is a resident of the City. He cares about the town and she feels he would be a valuable member of the DDA. At this point the roll was called to the motion. 26. Appointment - Board of Construction Appeals. Council is to consider appointment of one member (Architect) to the Board of Construc- tion Appeals to a term ending January 8, 1987. It was the consensus of Council to delay this item at this time. Mayor Campbell asked everyone to look around for an architect. 27. Appointment - Board of Trustees-Police and Fire. Council is to consider appointment of one member to the Police and Fire Board of Trustees to a three-year term ending April 22, 1988. - 10 - 04/09/85 Mr. Bird moved for the reappointment of Mr. Leon Weekes, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 28. Emergency Medical Technology Education Agreement. Council is to consider authorizing execution of an agreement between the City and Palm Beach County to allow the School Board to place Emergency Medical Technology students from its Department of Vocational-Technical Education Program in the City fire rescue facilities for supervised learning experiences. Mr. Bird moved to authorize execution of the agreement, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; ~]rs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 29. Linton Boulevard Landscaping. Council is to consider au- thorization of the agreement between the City and Palm Beach County relative to Linton Boulevard landscaping. 30. Lake Ida Bike Path. Council is to consider authorizing execution of permit agreement between the City and Palm Beach County relative to the bike path on Lake Ida Road. The City Attorney suggested combining discussion of Items 29 and 30. The approval of the Linton Boulevard Landscaping agreement was made subject to a correction stating that the City would only indemnify the County to the extent permitted by law and to get an additional period of time in which the City could comply with any County request to modify the landscaping. Currently they have to do it within 48 hours or the County will do it and bill them. The County has refused to make any modifications to that agreement. Mr. Bird felt that what they are requesting is reasonable and suggested making a request to the Board of County Commissioners for the modification. The County policy makers may not have the same view as the County Attorney's office. The City Attorney noted that the language they want is already in other agreements they have with the County, specifically, traffic signalization maintenance. It says that where the City is negligent the City will pick up the tab and where the County is negligent it is their responsibility. This language has been adopted by the County Commission at least 10 times that he knows of. Mr. Bird moved to approve the Linton Boulevard Landscaping and Lake Ida Bike Path agreements subject to the insertion of that language and authorizing the Mayor to contact the County Commission, formally or informally, requesting their consideration and approval of that modified language, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird -Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31. Comprehensive Plan Development. Council is to review the recommended roles/responsibilities/process of the Comprehensive Plan Der e 1 opme nt. The City Manager reported that the Planning Director' s memorandum to him outlines this special advisory committee which Council created relative to long term activities in the development of the Comprehensive Plan. Mr. Bird explained that the people who were appointed to that committee were chosen because of their contacts and their ability to move through the City. Once a policy is created, they will forward it to Planning & Zoning and then to Council for final approval. It will establish a broad outline under which the Land Use Plan will be revised. - 11 - 04/09/85 Then it becomes a matter for the Planning & Zoning Board and staff to go through piece by piece, apply and send it to Council for final approval. This committee would then have a function as individual citizens to make whatever input they think appropriate, but as a committee they would no longer participate. The City Manager stated that it is important that this committee and the Planning & Zoning Board understand each other's job. He is trying to prevent the Planning staff from being spread out into too many things. Mr. Robert Cohn, Planning Director, stated that the first meeting of the advisory committee will be held on April 17th at 9:00 A.M. in the Community Center next door to City Hall. Everyone is in- vited. It will be an organizational meeting in which they will be reviewing the Comprehensive Plan process, the roles of the committee and they will begin to discuss the problems, issues and policies they would like to see addressed. He clarified that the first phase is related to the Land Use element only and he recommends that they use the committee just for the first phase which is the most important element of the Plan. At this time Mr. Cohn answered questions from Council regarding the functions of the Committee. 32. Ordinance No. 32-85 - Ryan Annexation. Ordinance No. 32-85, relative to annexing a 0.34-acre parcel subject to R-1AA (Single Family Dwelling) District, located at the southwest corner of N.W. llth Street and N.W. 4th Avenue, is before Council for consideration on First Read- ing. If passed, Public Hearing will be held on May 14th. The City Manager presented Ordinance No. 32-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 4, BLOCK 4, OF AMENDED PLAT OF LAKE IDA GARDENS, ACCORD- ING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 23, PAGE 192, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF N.W. llTH STREET AND N.W. 4TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 32-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 33. Ordinance No. 33-85 - The Baseball School Rezoning, Condi- tional Use and Site Plan Approval. Ordinance No. 33-85, relative to rezoning a three-acre parcel from RM-10 (Multiple Family Dwelling) Dis- trict to SAD (Special Activities District) and the further conditional use and site plan approval to allow The Baseball School, a proposed sports training facility (26 dwelling units) to house ballplayers at- tending the school, with attendant lecture/dining hall and lounge area, is before Council for consideration on First Reading. The property is located south of Dotterel Road, if extended east, between Jaeger Drive and the F.E.C. Railroad. If passed, Public Hearing will be held on May 14th. The City Manager presented Ordinance No. 33-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY ~ELLING) DISTRICT, IN SAD (SPE- CIAL ACTIVITIES DISTRICT), BEING A THREE (3) ACRE PARCEL OF LAND, MORE OR LESS, LOCATED SOUTH OF DOTTEREL ROAD, IF - 12 - 04/09/85 EXTENDED EAST, BETWEEN JAEGER DRIVE AND THE F.E.C. RAIL- ROAD. SAID LAND LYING AND BEING IN TRACT A, FALLS OF DELRAY, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 46, PAGE 148 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; GRANTING CONDITIONAL USE AND SITE AND DEVELOP- MENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING FOR VOIDING OF BUILDING PERMITS; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 33-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 34. Ordinance No. 34-85 - Amending Code - Junk~ Junkyards and Automotive Repairs. Ordinance No. 34-85, amending Chapter 14, "Junk, Junkyards and Automotive Repairs" of the Code of Ordinances relative to abandoned, wrecked and junked vehicles on private or public property, is before Council for consideration on First Reading. If passed, Public Hearing will be held on April 23rd. The City Manager presented Ordinance No. 34-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14, "JUNK, JUNKYARDS AND AUTOMOTIVE REPAIRS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 14-2, "ABANDONED, WRECKED, JUNKED VEHICLES ON PRIVATE OR PUBLIC PROPERTY", SUBSECTION (b) , "NUISANCE DECLARED" , AND ENACTING A NEW SUBSECTION (b) , "NUISANCE DECLARED" , DECLARING A NUISANCE WHEN ACCUMULATION OF ONE OR MORE VEHICLES WHICH HAVE NO VALUE OTHER THAN SALVAGE THREATEN THE HEALTH, SAFETY OR WELFARE ON PUBLIC OR PRIVATE PROP- ERTY; PROVIDING FOR ENFORCEMENT PURSUANT TO THE PROCE- DURES AS SET FORTH IN SECTIONS 13-18 THROUGH 13-25 WHEN A VIOLATION OF THIS SUBSECTION EXISTS; PROVIDING FOR RE- CEIPT OF BIDS ON AN ANNUAL BASIS WITH THE CITY UTILIZING THE SERVICES OF THE LOWEST BIDDERS; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read~ the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 34-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Sam Schwimer noted that this ordinance does not cover bicycles. At Pines of Delray they have a major problem with abandoned bicycles and he would like to see it included in the ordinance. Mayor Campbell advised that they could have a supplemental ordinance; however, condominiums such as Pines have more power to deal with abandoned bicycles than the City could ever have. He suggested that Mr. Schwimer speak to his condominium association attorney. At this point the roll was called to the motion. 35. Ordinance No. 35-85 - Amending Code - Water Shortage. Ordinance No. 35-85, amending Chapter 29, "Water and Sewers" of the Code of Ordinances relative to water shortages and incorporating Chapter 40E-21 of the Florida Administrative Code, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held on April 23rd. - 13 - 04/09/85 The City Manager presented Ordinance No. 35-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "WATER SERVICE ", BY REPEALING DIVISION 2 "EMERGENCY RESTRICTIONS", AND ENACT- ING A NEW DIVISION 2, "EMERGENCY RESTRICTIONS", TO PRO- VIDE FOR A STATEMENT OF INTENT; TO PROVIDE DEFINITIONS; TO PROVIDE FOR APPLICATION TO ALL PERSONS USING WATER; TO INCORPORATE CHAPTER 40E-21, FLORIDA ADMINISTRATIVE CODE; TO PROVIDE THAT THE CITY MANAGER MAY DECLARE A WATER SHORTAGE CONDITION OR WATER SHORTAGE EMERGENCY; TO PRO- VIDE FOR PENALTIES FOR VIOLATION; TO PROVIDE THAT THE ACCEPTANCE OF WATER SHALL BE ACCEPTANCE OF THE PROVISIONS OF DIVISION 2; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 35-85 on First Reading, seconded by Mr. Jackel. The City Attorney explained that this ordinance is patterned after the model ordinance which South Florida Water Management District has distributed. They made a modification to the model ordinance which states that the declaration of the water emergency would be made by the City Manager of the City, not by South Florida Water Management Dis- trict. They have agreed to change the language in Sec. 29-47 to say the City Manager may declare a shortage, but in cases where South Florida Water Management District has declared such a shortage, the City Manager shall declare such a water emergency in the City. Mr. Nyago, South Florida Water Management District attorney, stated that what they are looking for is uniformity and consistency. The only time they would have a problem is where a municipality has a totally different set of restrictions than theirs. They would not object to the ordinance so long as when South Florida Water Management District declares an emergency it automatically kicks in in Delray Beach and so long as Delray Beach's restrictions are the same as their own, which they are. He thanked the City Council for their cooperation. Mr. Bird requested that staff ask Post Buckley to review the City's overall water usage again and make suggestions to Council with regard to reducing it. Mrs. Horenburger amended her motion to include the amended language as outlined by the City Attorney, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird -Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 10:10 P.M. 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 April 9, 1985, which minutes were for- mally approved and adopted by the City Council on City ~lerk 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. - 14 - 04/09/85 PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION DELRAY BEACH, FLORIDA April 8, 1985 REPLY TO: Mayor Doak Campbell, III 65 Palm Square Delray Beach City Council Delray Beach, FL 33444 City Hall Delray Beach, FL 33444 Dear Mr. Campbell: This will introduce ourselves and our new neighborhood organization to you and, indirectly, the City of Delray Beach. The Palm Square Marine Way Home Owners Association is the result of the concern that we in our neighborhood feel about the Simon project and its ripple effect along and around Atlantic Avenue. The recent news report of consideration being given to rezoning our neighborhood to commercial use is viewed with alarm. The organ- ization we represent and.are authorized to speak for consists of virtually every home owner in the area between 7th Avenue and the waterway, from Atlantic south to the marina area. Our membership is unanimous in our opposition to any rezoning of our area, either in total or piece meal along the Atlantic Avenue border. We have organized expressly to fight in every way possible any attempt to change the residential nature of our area. Please take a walk through our small area and talk to our residents. We believe you will agree, that to change our neighborhood would contrib- ute to changing this part of Delray Beach. A second concern is the spill over effect of the Simon project parking short fall. We understand the developer is paying the City in. lieu of providing the fUll number of parking spaces otherwise mandated by the City Zoning Ordinance. We want to be sure that those funds are used to provide by City action a corresponding number of spaces adjacent to the project on the north side of Atlantic Avenue. page two Our attention is particularly drawn to this parking issue because of the Bridge Restaurant situation. It is alleged that there was originally an agreement by the expanded Bridge Restaurant to lease parking from the bank. Those spaces have been lost to the Simon project and, apparently, will not be replaced without the City taking action. The result is the potential use of our streets for commercial parking. This is objectionable, especially since most of our resident members must use street parking for their own vehicles. We believe the City should limit parking in our resi- dential area to residents by a parking permit system. We and our members expect to be heard in matters that concern our neighborhood interests. If there is an explanation for the re- zoning rumor we are anxious to hear it. And on the parking issue we will follow with interest the action of the City Councilmen in protecting the interests of the City residents. ~'Very~truly yours,t~L~z~_ ~/~ . /' ~._~m~_~ Alieda N. Riley, Chairman cc: Delray Beach City Manager Delray Beach Planning & Zoning Board Delray Beach Historical Society Delray Beach Land Use Comprehensive Planning Commission