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04-23-85 APRIL 23~ 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 7:10 P.M., Tuesday, April 23, 1985. 1. Roll call showed: Present - Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Council Member Malcolm T. Bird Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Theodore A. Bush, First Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Weatherspoon moved for approval of the minutes of the Regular Meeting of April 9, 1985 and the Special Meeting of April 2, 1985, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel -Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.a.1. Mr. James Stevenson, 435 Palm Trail, stated he would like to register a complaint against the Code Enforcement Board who required that certain shrubs and trees be removed from a City right-of-way. This caused him a considerable amount of money and he requested that Council consider reimbursing him for the expenses which, he feels, were based on an unjustified complaint. Mayor Campbell stated the City will take this request under consideration and he will personally look into this matter. The City MaD~ger stated that they have this, and another similar situation, under investigation and he will have a recommendation for Council at the next meeting. 5.a.2. Mrs. Alice Finst, 707 Place Tavant, stated that she has been asked to announce that there will be a groundbreaking ceremony for Barwick Park on Friday, April 26th at 11:00 A.M., and she hopes that everyone will attend. 5.a.3. Dr. C.T.Stevenson, 435 Palm Trail, complimented the City Attorney on the excellent manner in which he conducted his case for the Code Enforcement Board hearing which was held last Friday. She also complimented Mrs. Horenburger for taking an interest in her problem which was just brought up by Mr. Stevenson. 5.b.1. Mrs. Horenburger stated she would like to propose that they establish a Beautification Trust, in the City, which would concentrate on raising funds for beautification. She suggested that the Trust be composed of five trustees; one member from the beach area, one from the Garden Club, one from the Historical Society Board of Directors, one from the Chamber of Commerce and one from another committee she is going to propose which would be called the Beach Committee. The purpose of this Trust would be to raise funds for beautification and to work with staff to implement plans for beautification efforts City-wide. The Beach Committee she is proposing might also have five members; one from the north beach, one from the south beach, one from west of Federal Highway, one from west of Congress Avenue and one from the Chamber of Commerce. Their purpose would be to work with the staff Beach Committee and come up with beach improvements of all kinds. With regard to the present Beautification Committee, Mrs. Horenburger stated she would like to see them continue, with perhaps ten or twelve members. They could continue with the Awards Program for residential area beautification, the Arbor Day tree sale and meet bi- annually with the Beautification Trust to report citizen concerns. Mr. Jackel stated he feels this is worth further investiga- tion and would like to see this item put to a workshop meeting. It was the consensus of Council to place this item on the next workshop meeting agenda. 5.b.2. Mayor Campbell presented a proclamation proclaiming May 2, 1985, as "National Day of Prayer". 5.b.3. Mayor Campbell stated that he sent a letter to the Chairman of the Code Enforcement Board requesting that he look into the pos- sibility of convening that Board twice monthly instead of once a month. He feels that by having the CEB meet twice a month it will speed up the process of compliance and enforcement. He would also like to request that the City Attorney look into shortening the time for compliance. Presently, the time allowed is 15 days; he would like to see this re- duced to 10 days. 5.c.1. The City Attorney advised that some time ago a City employee was injured in an automobile accident while on duty. He subsequently sued the person who injured him and recovered $25,000. The City had to expend certain sums of money in the Workman's Compensation area to reimburse him for medical payments and his salary. Under law, an employee is entitled to keep a portion of the recovery; however, the City insisted that he provide a portion of that which he recovered. The amount of money in question, less the attorney's fees, is approximately $16,300. They have negotiated with the employee and both parties have agreed to split the money; the employee will receive $8,167 and the City will also receive $8,167, as a reimbursement. He is recommending that Council accept the settlement offer. The moneys will go back into the General Fund. Mrs. Horenburger moved to accept the settlement offer, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.c.2. The City Attorney advised Council was furnished a copy of Resolution No. 40-85 which has attached to it the Interlocal Agreement establishing the Palm Beach County-Wide Beaches and Shores Council. This agreement has already been approved by Palm Beach County. If Council is aware of the concept of this agreement, they may wish to consider adopting this resolution this evening; if not, they could place it on the next agenda. Mrs. Horenburger stated Palm Beach County did accept this agreement as, primarily, a sharing of information effort. They would like to bring together those cities preparing for renourishment pro- grams, or beach restoration programs, and the information could be shared by the various municipalities to cut the costs. However, this agreement does not prohibit the City from doing anything they want to. Mayor Campbell stated he would like the chance to study this agreement in more detail and suggested it be placed on the next regular meeting agenda. 5.c.3. The City Attorney stated his office is currently the advisor to the Code Enforcement Board; however, there have been some instances where they have had to be the prosecutor. If Council wishes, he will investigate how much it will cost the City to retain independent counsel to the CEB so that the City Attorney's office can remain as the pro- secutor. By Statute he is prohibited from being both advisor and pro- secutor. - 2 - 4/23/85 5.c.4. The City Attorney advised they have received the final report back from Greeley and Hanson relative to the Highland Beach Sewer Rate Study. Council will need some time to study this report and he suggested that this item be placed on the workshop meeting in May to discuss the implications of it. 5.c.5. The City Attorney advised that, relative to Item 38, there is a new revised change order and they will discuss the content of it when they reach that item. 5.d.1. The City Manager questioned whether or not there will be a quorum for the Special Meeting of Council next Tuesday when they will be discussing the Community Redevelopment Agency ordinances. Following discussion, it was the consensus of Council to change this meeting to either the 7th or the 14th of May, whichever one is feasible. 5.d.2. The City Manager stated that Council needs to ratify action taken by the SCRWTD Board relative to a contract with Russell & Axon, in the amount of $2,500, for additional specifications to speed up the process for clarifier No. 4 at the Regional Wastewater Treatment Plant. Mr. Jackel moved to ratify the action taken by the SCRWTD Board, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. .6: Mr. Jackel moved for approval of the agenda, seconded by Mrs. Horenburger. Upon rol 1 cal 1 Council voted as fol lows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARING 7. 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 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. 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 PRO- CEDURES AS SET FORTH IN SECTIONS 13-18 THROUGH 13-25 WHEN A VIOLATION OF THIS SUBSECTION EXISTS; PROVIDING FOR RECEIPT OF BIDS ON AN ANNUAL BASIS WITH THE CITY UTILIZ- ING THE SERVICES OF THE LOWEST BIDDERS; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 34-85 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. - 3 - 4/23/85 Mrs. Alice Finst, representing the Board of Directors of the Homeowners' League of Chatelaine, questioned what this ordinance will do that the previous Section 14-2 did not. The City Attorney advised that the provisions of Section 14-2, as they currently exist, provide that the City can declare the vehicles to be nuisances; however, they can only cite the property owner and a fine is charged if they do not comply. The new ordinance will have the the nuisance abatement procedures inserted and if someone fails to comply within 14 days the City could tow the junk vehicle away and bill or lien the property for the cost. Upon further question by Mrso Finst, the City Attorney stated the determination as to whether a vehicle is in a state of sal- vage will be based upon the Code Enforcement division's analysis. If a vehicle exceeds salvage value, but does not look like it has anything but salvage value, then the owner will have the ability to contest the citation. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 34-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8. 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 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. 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 ENACTING A NEW DIVISION 2, "EMERGENCY RESTRICTIONS" , TO PROVIDE FOR A STATEMENT OF INTENT; TO PROVIDE DEFINI- TIONS; TO PROVIDE FOR APPLICATION TO ALL PERSONS USING WATER; TO INCORPORATE CHAPTER 40E-21, FLORIDA ADMIN- ISTRATIVE CODE; TO PROVIDE THAT THE CITY MANAGER MAY DECLARE A WATER SHORTAGE CONDITION OR WATER SHORTAGE EMERGENCY; TO PROVIDE FOR PENALTIES FOR VIOLATION; TO PROVIDE THAT THE ACCEPTANCE OF ~TER SHALL BE ACCEPTANCE OF THE PROVISIONS OF DIVISION 2; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EF- FECTI VE DATE. (Copy of Ordinance No. 35-85 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. 35-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 4 - 4/23/85 CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 9. Change Order - Force Main 6lA Extension. Council is to consider approval of Change Order No. 1 from Gateway Construction Com- pany, reducing the contract amount by $5,685.50 for a total contract price of $99,942.50. Work is completed and acceptable to the City. Approval is recommended. 10. Final Payment - Force Main 6lA Extension. Council is to consider reduction of retainage to zero and authorization of final payment to Gateway Construction Company in the amount of $37,320.50, with funds to come from Utility Reserve funds. All work is completed and acceptable to the City. Approval is recommended. 11. Community Development Block Grant Funds. Council is to consider approval of final statement of objectives and uses of Community Development Block Grant Funds. 12. Office Supplies. Council is to consider the award of a contract to Barnett's Office Supply to serve the Cooperative Purchasing Group's office supply needs for 1985/86. Funds are to come from the various departmental budgets. Approval is recommended. 13. Appointment - Delray Beach Human Relations Committee. Council is to consider ratification of Stanley Watsky as a member of the Delray Beach Human Relations Committee to a term ending March 15, 1987. Mayor Campbell recommends approval. 14. Request for Solicitation of Funds - Veterans of Foreign Wars, O'Neal-Priest Post 4141. Council is to consider approving solic- itation of funds from May 22 through May 27, 1985. Approval is recom- mended. 15. Request for Solicitation of Funds - Delray Beach National Little League. Council is to consider approving solicitation of funds on May 11, 1985. Approval is recommended. 16. Voting Member- Municipal League. Council is to consider appointing Mayor Campbell as a voting member of the Municipal League. 17. Abandonment - West E1 Be Subdivision (Transfer Station). Resolution No. 33-85, a City-initiated proposal to abandon the rights- of-way and easements in a portion of the West E1 Be Plat, located on the north side of platted S.W. 4th Avenue and the F.E.C. Railroad, is before Council for consideration. The caption of Resolution No. 33-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE RIGHTS-OF-WAY AND EASEMENTS IN A PORTION OF THE WEST EL BE PLAT, AS RECORDED IN PLAT BOOK 15, PAGE 22, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 33-85 is on file in the official Resolution Book) 18. Final Plat Approval - Transfer Station. Council is to consider a City-initiated request for final plat approval for the South County Transfer Station, located south of Linton Boulevard between S.W. 4th Avenue and the F.E.C. Railroad. This was approved 5-0 by the Plan- ning and Zoning Board. 19. Abandonment - Portion of Royal Palm Drive. Resolution No. 34-85, abandoning a portion of Royal Palm Drive within the Park Ten Subdivision, First Addition, between Germantown Road and 1-95, is before Council for consideration. - 5 - 4/23/85 The caption of Resolution No. 34-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF ROYAL PALM DRIVE LOCATED WITHIN THE PARK TEN FIRST AD- DITION SUBDIVISON, AS RECORDED IN PLAT BOOK 45, PAGE 167, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 34-85 is on file in the official Resolution Book) 20. Easement Abandonment - Block 6~ Replat of Delra¥ Beach Heights Extension, Sections "A" and"B". Resolution No. 35-85, abandon- ing a 20-foot drainage easement lying within Block 6, Replat of Delray Beach Heights Extension, Sections "A" and "B", located on the north side of S.W. 10th Street, between S.W. 13th Avenue and S.W. 14th Avenue, is before Council for consideration. The caption of Resolution No. 35-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TWENTY (20) FOOT DRAINAGE EASEMENT LYING WITHIN BLOCK 6, REPLAT OF DELRAY BEACH HEIGHTS EXTENSION, SECTIONS "A" AND "B", AS RECORDED IN PLAT BOOK 28, PAGE 171, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 35-85 is on file in the official Resolution Book) 21. Final Plat Approval - Kin~'s Industrial Park. Council is to consider a request for final plat approval for King's Industrial Park, a proposed light industrial subdivision located on the north side of S.W. 10th Street, between S.W. 13th Avenue and S.W. 14th Avenue. The Plan- ning and Zoning Board approved this with a 6-0 vote and also that a waiver of the standard sidewalk requirements be granted in accordance with the Engineering Division's memorandum of January 31, 1985. 22. Abandonment - Portion of Tangelo Terrace and Royal Palm Drive. Resolution No. 36-85, abandoning a portion of Tangelo Terrace and Royal Palm Drive located north of Poinsettia Drive, within the Sunny Acres Subdivision, between Germantown Road and 1-95, is before Council for consideration. The caption of Resolution No. 36-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF TANGELO TERRACE AND ROYAL PALM DRIVE LOCATED WITHIN THE SUNNY ACRES SUBDIVISION, AS RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF ROYAL PALM DRIVE LOCATED WITHIN THE PARK TEN FIRST ADDITION SUBDIVISION, AS RECORDED IN PLAT BOOK 45, PAGE 167, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 36-85 is on file in the official Resolution Book) 23. Streets - Homewood Lakes~ Section C. Resolution No. 37-85, accepting all streets as operational as recorded in the plat of Homewood Lakes, Section C, is before Council for consideration. The caption of Resolution No. 37-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS INSTALLED IN HOMEWOOD LAKES, SECTION C, AS RECORDED IN PLAT BOOK 44, PAGES 196 & 197 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL. - 6 - 4/23/85 (Copy of Resolution No. 37-85 is on file in the official Resolution Book) 24. Sanitary Sewers and Water Utilities - Homewood Lakes~ Sec- tion C. Resolution No. 38-85, accepting all sanitary sewers and water utilities as operational as recorded in the plat of Homewood Lakes, Section C, is before Council for consideration. The caption of Resolution No. 38-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN HOMEWOOD LAKES SECTION C, RECORDED IN PLAT BOOK 44, PAGES 196 & 197 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACIL- ITIES FURNISHED BY SAID UTILITIES. (Copy of Resolution No. 38-85 is on file in the official Resolution Book) 25. Annexation Request - South side of Germantown Road between the E-4 Canal and S.W. 35th Avenue (Sie~rist). Resolution No. 39-85, requesting permission from the Palm Beach County Board of Commissioners to rezone a 20.732-acre parcel, subject to R-iAAA (Single Family Dwel- ling) District, is before Council for consideration. It is zoned AR (Agricultural Residential) in the County and is designated SF (Single Family) on the City's Land Use Plan. The caption of Resolution No. 39-85 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 RE ZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AR-AGRI- CULTURAL RESIDENTIAL, TO THE CITY'S ZONING CLASSIFICATION R-IAAA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 39-85 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda, sec- onded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel -Yes; Mr. Weatherspoon -Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 26. Appointment - Civil Service Board. Council is to consider the appointment of one regular member to the Civil Service Board to a term ending April 1, 1987. Mrs. Horenburger moved to appoint Todd Jackson as a regular member to the Civil Service Board to a term ending April 1, 1987, sec- onded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion failed for lack of a majority (2 to 2 vote). Before roll call the following discussion was had: Mr. Weatherspoon stated it is his understanding that Carl Bayer wishes to serve on this board again. After listening to some Civil Service Board meeting tapes, there is nothing in his mind which would preclude him from reappointing Mr. Bayer. Mr. Jackel concurred with Mr. Weatherspoon. At this point the roll was called to the motion. - 7 - 4/23/85 Mr. Jackel suggested this item be brought up at their next meeting and asked that at that time Council consider an application which was received from Irving Goldberg. He feels Mr. Goldberg would serve very well on this board. 27. Appointments - Internal Audit Committee. Council is to consider the appointments of five regular members to the Internal Audit Committee to terms ending April 27, 1987; one alternate to a term ending April 27, 1987 and one alternate to a term ending April 27, 1986. Mrs. Horenburger moved to reappoint Willard Young, Stanley Katz, James Bowen and Sam Schwimer and to appoint Arthur Osborne as regular members to the Internal Audit Committee to terms ending April 27, 1987, seconded by Mr. Weatherspoon. Mr. Jackel suggested the name of Charles Ostrow as an al- ternate member. Mrs. Horenburger amended her motion to include Mr. Charles Ostrow as an alternate member to a term ending April 27, 1986, Mr. Weatherspoon amended his second. Upon roll call Council voted as fol- lows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 28. Ordinance No. 36-85 - Ralph Buick Rezonin~. Ordinance No. 36-85, relative to rezoning a 0.79-acre parcel from RM-15 (Multiple Family Dwelling) District to SC (Specialized Commercial) District, is before Council for consideration on First Reading. The property is located on the west side of Florida Boulevard, between LaMat Avenue and Tropic Boulevard. If passed, Public Hearing will be held May 28th. The City Manager presented Ordinance No. 36-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECIAL- IZED COMMERCIAL) DISTRICT LOTS 23 THROUGH 33, INCLUSIVE, AND THE NORTH HALF OF ABANDONED AVE. E ABUTTING THE SOUTH LINE OF LOT 23, BLOCK 36, DEL-RATON PARK, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 14, PAGE 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE EAST SIDE OF FLORIDA BOULEVARD, BETWEEN LAMAT AVENUE AND TROPIC BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 36-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 29. Ordinance No. 37-85 - Chan~in~ the City's Land Use Plan Designation (Ralph Buick). Ordinance No. 37-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.79-acre parcel, located on the west side of Florida Boulevard, between LaMat Avenue and Tropic Boulevard, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 28th. The City Manager presented Ordinance No. 37-85: 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 LOTS 23 THROUGH 33, INCLUSIVE, AND THE NORTH HALF OF ABANDONED AVE. E ABUT- TING THE SOUTH LINE OF LOT 23, BLOCK 36 DEL-RATON PARK ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 14, PAGE 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED ON THE WEST SIDE OF FLORIDA BOULEVARD, BETWEEN LAMAT AVENUE AND TROPIC BOULEVARD, FROM MF-15-MULTIPLE FAMILY TO C-C OMMERC IAL; A MEND ING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. - 8 - 4/23/85 The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 37-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 30. Ordinance No. 38-85 - Walsh Rezonin~. Ordinance No. 38-85, relative to rezoning a 0.92-acte parcel from PRD-10 (Planned Residential District) to PO~ (Professional, Office and Institutional) District, is before Council for consideration on First Reading. The property is located at the southwest corner of Congress Avenue and Linton Boulevard. If passed, Public Hearing will be held May 28th. The City Manager presented Ordinance No. 38-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD-10 (PLANNED RESIDENTIAL ) DISTRICT IN POI (PROFES- SIONAL, OFFICE, AND INSTITUTIONAL) DISTRICT, A PARCEL OF LAND LYING IN THE NORTH HALF (N½) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF CONGRESS AVENUE AND LINTON BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 38-85 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger -Yes; Mr. Jackel -No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Sam Schwimer, 1061 Orange Terrace, stated the residents in the Pines of Delray have no idea what the developers are planning for this parcel of land. He feels the developers involved should go into the community and explain what they have in mind. He would not like to see anything built which will increase the traffic and make changes which may hurt that area. Mr. Stanley Katz, 1421 S.W. 27th Avenue, concurred with Mr. Schwimer. He represents a community of 288 homes and, they too, would like to know what is going to be built before Council passes this ordi- ns nce. Mr. Jackel stated it was suggested by the Planning Director that they approve this ordinance, as there will be some zoning amend- ments made along Congress Avenue very shortly. This zoning change has not taken place and will not take place until it gets the approval of the Citizens' Committee, the Planning and Zoning Board and Council. It is also his understanding that the developers are planning to build a drive-in bank which will create a great deal of traffic. He feels the area between Congress Avenue and Military Trail along Linton Boulevard should remain almost entirely residential and does not approve of this rezoning. Mrs. Horenburger advised that last week, while attending a County Commission meeting, there was discussion of holding a joint meeting between the County Commissioners, Delray Beach City Council and the City of Boca Raton Council members regarding the Congress Avenue corridor. She advised these items are being discussed and solutions to some of the problems are on the way if they work together. Mayor Campbell stated that they will relay the requests from members of the public to the developers and ask that they meet with neighborhood leaders in that area. - 9 - 4/23/85 At this point the roll was called to the motion. 31. Ordinance No. 39-85 - Changi_ng the City's Land Use Plan Designation (Walsh). Ordinance No. 39-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.92- acre parcel, located at the southwest corner of Congress Avenue and Linton Boulevard, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 28th. The City Manager presented Ordinance No. 39-85: 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 LYING IN THE NORTH HALF (N%) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED AT THE SOUTHWEST CORNER OF CONGRESS AVENUE AND LINTON BOULEVARD, FROM PRD-10-PLANNED RESIDENTIAL TO POI-PROFES- SIONAL, OFFICE AND INSTITUTIONAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 39-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Mayor Campbell requested that the minutes of this meeting be sent to the applicant so he is aware of the citizens' concerns. Mrs. Horenburger left the Council Chambers at this time. 32. Ordinance No. 40-85 - Siegrist Annexation. Ordinance No. 40-85, relative to annexing a 20.732-acre parcel subject to R-iAAA (Single Family Dwelling) District, located on the south side of German- town Road, between the E-4 Canal and S.W. 35th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 28th. The City Manager presented Ordinance No. 40-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE SOUTH SIDE OF GERMANTOWN ROAD, BETWEEN THE E-4 CANAL AND S.W. 35TH 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. Weatherspoon moved for the adoption of Ordinance No. 40-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 33. Ordinance N©. 41-85 - Amending Code - Surfing. Ordinance No. 41-85, amending Chapter 17 "Parks, Beaches and Recreation" of the Code of Ordinances relative to prohibition of use of any surfboards or other similar articles in a manner which constitutes a hazard to any other person, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 14th. - 10 - 4/23/85 The City Manager presented Ordinance No. 41-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF , DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "MUNICIPAL BEACH", BY AMENDING SECTION 17-30, "SURFING", TO ADD LANGUAGE WHICH PROHIBITS THE USE OF ANY SURFBOARDS OR OTHER SIMILAR ARTICLES IN A MANNER WHICH CONSTITUTES A HAZARD TO ANY OTHER PERSON; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 41-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 34. Ordinance No. 42-85 - Amending Code - Dangerous Objects on Municipal Beach. Ordinance No. 42-85, amending Chapter 17 "Parks, Beaches and Recreation" of the Code of Ordinances relative to prohibi- tion of dangerous objects on the municipal beach, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 14th. The City Manager presented Ordinance No. 42-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF , DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "MUNICIPAL BEACH" , BY ENACTING A NEW SECTION 17-33, "DANGEROUS OBJECTS PROHIBITED ON THE MUNICIPAL BEACH ", PROVIDING THAT NO PERSON SHALL DEPOSIT OR CAUSE TO BE DEPOSITED ON THE BEACH ANY DANGEROUS ARTICLES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 42-85 on First Reading· seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 35. Ordinance No. 43-85 - Amending Code - Sleepin~/Campin~ on Municipal Beach. Ordinance No. 43-85, amending Chapter 17 "Parks, Beaches and Recreation" of the Code of Ordinances relative to prohibi- tion of sleeping/camping during certain nighttime hours on the municipal beach, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 14th. The City Manager presented Ordinance No. 43-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY "PARKS BEACHES AND BEACH, FLORIDA, AMENDING CHAPTER 17, , RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF , DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "MUNICIPAL BEACH", BY ENACTING A NEW SECTION 17-36, "SLEEPING/CAMP- ING ON MUNICIPAL BEACH DURING CERTAIN NIGHTTIME HOURS PROHIBITED" PROVIDING THAT NO PERSON SHALL SLEEP/CAMP ON · THE MUNICIPAL BEACH BETWEEN THE HOURS OF 9:00 P.M. AND 6:00 A.M.; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 11 - 4/23/85 Mr. Weatherspoon moved for the adoption of Ordinance No. 43-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Mrs. Horenburger returned to the Council Chambers at this time. 36. Ordinance No. 44-85 - Amending Code - Board of Construction Appeals. Ordinance No. 44-85, amending Chapter 9, "Buildings and Con- struction'' of the Code of Ordinances relative to membership and qual- ifications of members of the Board of Construction Appeals, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 14th. The City Manager presented Ordinance No. 44-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE XVII, "BOARD OF CONSTRUCTION AP- PEALS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-563, "MEMBERSHIP AND QUALIFICATIONS" , TO BROADEN THE REQUIREMENTS FOR QUALIFICATION OF MEMBERS OF THE BOARD BY REMOVING THE ACTIVE IN THEIR TRADE OR PROFESSION REQUIREMENT FOR MEMBERSHIP; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 44-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 37. Ordinance No. 45-85 - Amending Code - Unsafe Buildings. Or----~inance No. 45-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to unsafe buildings, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 14th. The City Manager presented Ordinance No. 45-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE XIII , "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS", AND ENACTING A NEW ARTICLE XIII, "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS "; PROVIDING APPLICABLE CODES; PROVIDING THAT THIS ARTICLE SHALL BE CONSTRUED AS BEING REMEDIAL; PRO- VIDING DEFINITIONS INCLUDING THE STANDARDS FOR AN UNSAFE BUILDING; DESIGNATING AN ENFORCEMENT OFFICER; PROVIDING FOR THE NONLIABILITY OF ENFORCEMENT PERSONNEL; AUTHORIZ- ING INSPECTIONS, INITIATING ABATEMENT; REQUIRING THE MAINTENANCE OF EXISTING BUILDINGS; PROVIDING PROCEDURES FOR DECLARING BUILDINGS UNSAFE INCLUDING NOTICE REQUIRE- MENTS; REQUIRING THE POSTING OF PREMISES TO BE VACATED; PROVIDING FOR THE RECORDING OF THE NOTICE OF UNSAFE BUILDING WHERE REPAIRS ARE NOT MADE IN ACCORDANCE WITH THE REQUIREMENTS OF THE BUILDING OFFICIAL; PROVIDING STANDARDS FOR DETERMINING THE APPROPRIATE ACTION TO BE TAKEN BY THE BUILDING OFFICIAL; PROVIDING STANDARDS FOR COMPLIANCE WITH CURRENT BUILDING AND FIRE CODES; PRO- VIDING FOR PENALTIES FOR VIOLATIONS OF THIS ARTICLE; PROVIDING THAT THE REMEDIES AND PROCEDURES OF THIS SEC- TION ARE NOT EXCLUSIVE; DESIGNATING THE BOARD OF CON- STRUCTION APPEALS TO MAKE THE FINAL INTERPRETATION OF THE PROVISIONS OF THIS ARTICLE; REQUIRING THE BOARD TO KEEP DETAILED RECORDS OF ITS PROCEEDINGS; PROVIDING PRO- - 12 - 4/23/85 CEDURES FOR THE BOARD; SETTING FORTH THE CRITERIA FOR APPEALING TO THE BOARD OF CONSTRUCTION APPEALS; DECLARING THAT FAILURE TO ATTEND THE BOARD HEARING SHALL CONSTITUTE A WAIVER OF THE RIGHT TO APPEAL; SETTING FORTH THE SCOPE OF THE HEARINGS; STAYING THE ORDER OF THE BUILDING OF- FICIAL OTHER THAN THE NOTICE TO VACATE DURING THE PEND- ENCY OF AN APPEAL; PROVIDING RULES OF PROCEDURE BEFORE THE BOARD FOR AN APPEAL; PROVIDING GUIDELINES FOR IMPLE- MENTING A FINAL ORDER OF THE BUILDING OFFICIAL OR THE BOARD OF CONSTRUCTION APPEALS INCLUDING PROCEDURES FOR ORDERING THE DEMOLITION OR VACATION OF THE BUILDING; PROVIDING FOR THE RECOVERY OF COST OF ABATING THE UNSAFE CONDITION INCLUDING THE ASSESSMENT OF A LIEN; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 45-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 38. Chan~e Order - United Steel Erectors~ Inc. Change Order No. 1, decreasing the amount of the contract by $8,729.00 and increasing the completion time by 75 days due to site conflicts and decisions on the selection of pumps, is before Council for consideration. The City Attorney advised they have had a request for a change order on a contract for an extension of time for United Steel Erectors, Inc., to complete the project; the contract time for com- pletion would be extended from March 14 until May 28, 1985. He has some concern over the contractor not diligently pursuing or completing the project; this extension of time is being given so the contractor can get the job completed in a timely and proper fashion. However, by granting the extension they are not waiving the City's right to declare that they have breached their contract. If they do not commence by May 2nd, he will be back before Council for them to consider declaring United Steel Erectors, Inc., to be in default of the contract and then they will draw on their bond. He is recommending that Council approve this change order, as amended, with those conditions to the extension. Mr. Henry Glaus, Barker, Osha & Anderson, Inc., stated this change is acceptable to the contractor. The contractor has been doing excellent work; however, he does have financial problems, which is why the work has slowed down. It does not appear that he will be able to complete the project on his own so the bond company will meet to decide whether this contractor will complete the job or whether they will take the bond and retain another contractor. Upon question by Mr. Jackel, the City Attorney advised if they approve this change order and the contractor does not resume work, Council could declare the contractor to be in default of the agreement and demand that the bond company make good on the contract. The bond company would then hire their own independent company to complete the work. Mr. Jackel moved to approve Change Order No. 1, decreasing the amount of the contract by $8,729.00 and increasing the completion time by 75 days with the amendments and conditions to the extension as advised by the City Attorney, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell declared the meeting adjourned at 8:30 P.M. City CIerk - 13 - 4/23/85 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of April 23, 1985, which minutes were for- mally approved and adopted by the City Council on ~~ /~ /~/J: U 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. - 14 - 4/23/85