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04-10-84 APRIL 10, 1984 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 7:00 P.M., Tuesday, April 10, 1984. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. 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 Graham, Calvary Bible Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the Regular Meeting of March 27, 1984 and Special Meetings of March 28, 1984 and March 29, 1984, seconded by Mr. Jackel. Said motion passed unanimously. 5.a.1. Mrs. Kathi Sumrall, 4 N.W. 16th Street, welcomed the new Council Members. She advised that she recently attended an outdoor concert at Bryant Park in Lake Worth. It was a really nice park which has a band shell and seating. She recalls that when she was growing up in Delray Beach, they always had a band shell which was used a lot for special events. She feels there is a need for a band shell in the City Park in Delray Beach and would ask Council to consider it and set a goal for it within the next few years. 5.a.2. Mrs. Sumrall asked for an update on the beach pavilion. The City Manager advised that the architect is working on the plans and specifications; as soon as those are completed, the City is prepared to go out for bid on the project. 5.b.1. Mr. Weatherspoon stated that last year Council had discus- sion relative to installing a traffic signal at Atlantic Avenue and W. 12th Avenue but it was never done. There is still a need for that light and he would request that staff look into it. Upon question by Mayor Campbell, Mr. Bird advised that the consensus of Council supported that traffic signal. As he recollects, the reason for turning it down was an engineering concern that had less to do with the north/south flow on 12th Avenue than it did with the east/west flow coming off of the 1-95 ramp. He would support Mr. Weatherspoon's request and ask that it be restudied by Mr. Church's office with an eye toward resubmitting it. Mrs. Alice Finst suggested that during the peak hours the City have a policeman directing traffic at that intersection. It was the consensus of Council to request that staff re- study the traffic signal issue and also Mrs. Finst's request, giving consideration to what the peak hours are. 5.b.2. Mrs. Horenburger requested that the City Manager come back to Council at the next workshop with some recommendations regarding trash pickup. She would like to see the trash piles in violation picked up soon after the property owner has been cited and not wait until the Code Enforcement process is completed. She would also like to see a clean sweep on a scheduled basis for those property owners who need to do major pruning at certain times of the year. Some sort of publicity campaign, either stickers on the cans or newspapers, might be run with regard to the service Waste Management provides. There seems to be confusion on the part of a lot of people with regard to the pickup of furniture, appliances, etc.; they are not aware they can call and have those picked up by %~ste Management. 5.b.3. Mr. Jackel moved that the motion of last month regarding Council expenses be rescinded; expenses for Council members be modified to $100 a month and for the Mayor $150 a month, effective April 1, 1984, the manner of payment shall be the same as in the past, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Upon question by Mayor Campbell, Mr. Jackel advised that the previous motion was made on March 27th and the new motion will modify the amount of expense as stated. Mr. Bird stated that he agreed with Mr. Perry that if they had additional expenses and could be justified, they should be paid for them. If they did not have additional expenses, all they are doing is substituting expenses for a salary increase. For that reason, he would be opposed to the motion; he feels it represents a non-accountable expenditure of funds for other than salary. Mrs. Horenburger stated that the committee which reviewed this recommended $150 as a valid figure for expenses. She asked if that committee made any recommendation with regard to an alternative method. Mr. Bird stated that there is no difference between salary and expense, from a tax consideration. %~atever amount they choose to give themselves for expenses this year, the City will issue a 1099 which they will append to their tax forms in the same place they put their W-2's and then it will be up to them to justify it on their income tax. If there was an advantage in years gone by, that advantage evaporated with the 1982 tax law change. Mr. %~eatherspoon stated that being new on Council, he is uncertain what amount is appropriate, however, he shares Mr. Jackel's views in the sense that he would not want to have to record it every time he drives somewhere on City-related business. At this point the roll was called to the motion. 5.b.4. Mr. Bird asked for an update on the construction of the new golf cart storage facility. Further, he asked if, in the interim, they could take that maintenance equipment and put it in the shed which Mr. Block deeded to the City. The City Manager replied, yes~ they do intend to build that new facility; however, over the last two months, Mr. Johnson's time has been spent working on the golf course building itself. As to the second question, the City does not yet have title to the property. Mr. Bird stated that since Mr. Block intends to give the property to the City, could they rent it in the interim so that equip- ment will not be exposed to the weather. He would be willing to call Mr. Block in the morning to discuss it. Upon comment by Mrs. Phyllis Plume, the City Attorney advised that a draft lease has floated around for awhile. The other party has hesitated to sign it because of a holdup in the closing. The City is prepared to go but will not accept the deed from them until they release the mortgages on that property. Mayor Campbell asked the City Attorney to call Mr. Block's attorney to find out a time frame on when he thinks the releases can be obtained and the deed signed and to come back to Council at next week's workshop. - 2 - 04/10/84 Mr. Bird asked if they can rent the property in the interim. The City Attorney replied, yes; he believes Mr. Block has already ex- pressed the opinion that he would be willing to rent it to the City. They have a relatively simple lease already prepared which they can have Mr. Block pick up tomorrow afternoon. Mayor Campbell stated that if they are going to be signing a deed within a short period of time, a lease might be inappropriate. If it is going to be a long time, he would suggest they go ahead immediately with the lease. It was the consensus of Council to have the City Attorney report back to them at next week's workshop. 5.b.5. Mayor Campbell reminded Council Members that they are all supposed to be thinking about items that are of particular concern to them to give to the City Manager so that he will have a reference in drawing up the preliminary budget. Upon question by Mayor Campbell, the City Manager stated that it would be very beneficial to him if he could have Council's comments within the next two weeks. 5.b.6. Mayor Campbell stated that he feels there should be an administrative charge, much like a court cost, at the time a person is determined to have violated a code by Code Enforcement. He has sug- gested a $50.00 charge. Upon question by Mr. Weatherspoon as to the legality, the City Attorney replied that it is questionable. Further, he asked if these administrative expenditures are taken into consideration at budget time. Mayor Campbell stated that they are but his point is that they are understaffed and he would like to see an expansion of Code Enforce- ment, particularly another officer and some additional clerical help. The offenders are the ones causing the City the burden and he wanted to shift some of that administrative cost to them. Upon question by Mrs. Horenburger, Mayor Campbell stated that if the person is found not to be in violation then there is no charge at all. The City Attorney advised that they have begun additional research on this; not only the assessing of, but the methodology by which they would collect such an assessment of cost. The Code Enforce- ment Board's only authority to collect money is by lien and foreclosure on the lien. Further, they had some discussion with the Building De- partment last week and have asked them to generate data to indicate that $50 is the correct amount. He feels they will be surprised to learn that $50 is probably too little. It was the consensus of Council to have the City Attorney draft a preliminary ordinance. 5.b.7. Mayor Campbell stated that, regarding membership on Boards, he feels that all terms, unless prohibited by State Statute, should be two years and that members should be limited to two consecutive terms. That does not mean to say they cannot be appointed to another Board or reappointed a year later. The purpose of this is twofold; one, to allow greater opportunity on the part of more citizens to participate in serving the City and, secondly, to allow new Council people to have a greater say in who their representatives are going to be. It was the consensus of Council to have the City Attorney review the various ordinances setting up the Boards and to bring back a recommendation to Council as to how they could do this. 5.b.8. Mayor Campbell stated that the question has come up as to whether residency should be a requirement for serving on a Board. He would like to discuss this further at a later time. 5.b.9. Mayor Campbell presented and read a proclamation proclaiming the week of April 8-14, 1984, as "Private Property Week". Mr. Willard Young came forward to accept the proclamation on behalf of the Board of Realtors. - 3 - 04/10/84 5.c.1. There were no Non-Agenda Items by the City Attorney. 5.d.1. The City Manager reported that Council has been given a memorandum regarding the County-wide beach preservation tax district to remind them of that situation. 5.d.2. The City Manager reported that next week they will be dis- cussing the proposed Water and Sewer Bond sale calendar and Council has been provided with material relative to that. 5.d.3. The City Manager reported that the City of Delray Beach in conjunction with the City of Boynton Beach took action on the expansion of the sewer plant to 24 million gallons a day. It would be appropriate at this time for Council to ratify the action taken by the SCRWTD Board. Mr. Bird moved to ratify the action of the SCRWTD Board to expand the plant to 24 million gallons a day, seconded by Mr. Jackel. Said motion passed unanimously. 5.d.4. The City Manager requested that Item 26.a., Park Place - Land Use Plan amendment, annexation, site plan approval, be added to the agenda. 6. Mr. Bird moved for agenda approval with the addition of Item 26.a., site plan for Park Place as addition to the Consent Agenda, and the addition of Item 36 to the regular agenda, preliminary discussion of Water and Sewer Bond Issue, seconded by Mrs. Horenburger. Said motion passed unanimously. PUBLIC HEARINGS 7. Ordinance No. 16-84 - Granada Estates Rezonin~, Conditional Use and Site and Development Plan Approval. Ordinance No. 16-84, rela- tive to rezoning a ll.44-acre parcel of land, subject to SAD (Special Activities District) for a proposed 115 unit, single family, zero lot line development, is before Council for consideration on Second and FINAL Reading. The subject property is located on the north side of Atlantic Avenue, between Barwick Road and High Point Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 16-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 11.44 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE, BETWEEN BA~ICK ROAD AND HIGH POINT BOULEVARD, SAID LAND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOP- MENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 16-84 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. 16-84 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. - 4 - 04/10/84 8. Ordinance No. 17-84 - Granada Estates Rezonin~, Conditional Use and Site and Development Plan Approval. Ordinance No. 17-84, rela- tive to rezoning a 13.06-acre parcel of land, subject to SAD (Special Activities District) for a proposed 115 unit, single family, zero lot line development, is before Council for Consideration on Second and FINAL Reading. The subject property is located on the north side of Atlantic Avenue, between Barwick Road and High Point Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 17-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 13.06 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE, BETWEEN BARWICK ROAD AND HIGH POINT BOULEVARD, SAID LAND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOP- MENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 17-84 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. Bird moved for the adoption of Ordinance No. 17-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil 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. 18-84 - Park Place Annexation. Ordinance No. 18-84, relative to annexing a 5-acre parcel of land, subject to RH- Medium High to High Density Residential, located on the south side of S.E. 10th Street, between Dixie Highway and Federal Highway, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration 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. 18-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH WEIHMUELLER ADDITION TO DELRAY BEACH, AS RECORDED IN PLAT BOOK 23, PAGE 174 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 18-84 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. Weatherspoon moved for the adoption of Ordinance No. 18-84 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. - 5 - 04/10/84 10. Ordinance No. 19-84 - Changin~ the City's Land Use Plan Designation (Park Place). Ordinance No. 19-84, relative to changing the City's Land Use Plan designation in the Comprehensive Plan for a parcel of land located on the south side of S.E. 10th Street, between Dixie Highway and Federal Highway, 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 19-84: 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 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROM MF-10 MULTIPLE FAMILY TO RH-MEDIUM HIGH TO HIGH DENSITY DWELL- ING; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 19-84 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. Bird moved for the adoption of Ordinance No. 19-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil 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. 11. Ordinance No. 20-84 - Penta Annexation. Ordinance No. 20-84, relative to annexing a 0.3-acre parcel of land, subject to RM-10 (Multiple Family Dwelling) District, an existing single family structure and garage, is before Council for consideration on Second and FINAL Reading. The property is located east of Dixie Highway between S.E. 10th Street and the Delray Mall. 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. 20-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 8 AND 9, BLOCK 4, SILVER TERRACE, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND IS LOCATED EAST OF DIXIE HIGHWAY, BETWEEN S.E. 10TH STREET AND THE DELRAY MALL, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THERE- OF. (Copy of Ordinance No. 20-84 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. Weatherspoon moved for the adoption of Ordinance No. 20-84 on Second and FINAL 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. - 6 - 04/10/84 12. Ordinance No. 22-84 - Boos Annexation. Ordinance No. 22-84, relative to annexing a 7.3-acre parcel of land, subject to RM-10 (Multiple Family Dwelling) District, located north of Linton Boulevard, between S.W. 8th Avenue and S.W. 4th Avenue, 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. 22-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 24, INCLUSIVE, BLOCK 11; LOTS 1 THROUGH 11, INCLUSIVE, BLOCK 12 OF SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 38 AND 39, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THAT POR- TION OF CENTRAL AVENUE ADJACENT TO LOTS 14 AND 15, BLOCK 11 VACATED PER RESOLUTION NO. R-80-292, AS RECORDED IN BOOK 3298, PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THE NORTH TWO-FIFTHS (2/5) OF THE FOLLOWING DESCRIBED PROPERTY: NORTHEAST QUARTER (NE¼) OF LOT 8, DELRAY BEACH, A SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PLAT BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ALSO, GLEN AVENUE, LYING WITHIN SOUTHRIDGE SUBDIVISION AND BETWEEN BLOCKS 11 AND 12, AS ABANDONED BY RESOLUTION NO. R-82-419, PALM BEACH COUNTY, APRIL 13, 1982, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVID- ING FOR THE ZONING THEREOF. (Copy of Ordinance No. 22-84 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. 22-84 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. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 13. Tent Permit Request - Power & Praise Ministries. Council is to consider a request for an Old Fashioned Holy Ghost Revival Crusade from April 23 through May 14, 1984. A certificate has been received stating that a flame retardant process has been used on the tent. Ap- proval is recommended. 14. Sunrise Kiwanis Annual Beach Festival. Council is to con- sider a request from Sunrise Kiwanis for use of Anchor Park facility for their Eighth Annual Beach Festival on July 28th. Approval is recom- mended. 15. Appointment - Police and Fire Board of Trustees. Council is to consider the appointment of Mayor Doak S. Campbell, III, as Chairman of the Board of Trustees to replace former Mayor Young. Approval is recommended. 16. Ratification - Human Relations Committee. Council is to consider ratifying the appointments of Carolyn Cunningham, Roger Saber- son and Joseph Martin on the Human Relations Committee to terms ending March 15, 1986. Approval is recommended. - 7 - 04/10/84 17. ~cceptance of Easement Deed - S.E. 7th Street. Council is to consider acceptance of a utility easement deed from Delmar G. Hendrickson to install, operate and maintain raw water lines and potable water lines at S.E. 7th Street Extension off Swinton. Approval is recommended. 18. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of March 28th. Council is to consider ratifi- cation of SCRWTD Board Resolution No. 84-1 relative to an employee retirement benefit plan. The SCRWTD Board approved this by an 8-0 vote. 19. Time/Date Generator Recorder. Council is to consider award of a contract to the low bidder, Dictaphone Corporation, in the amount of $12,233 for a generator recorder to be used in the Fire Department with funds to come from the Fire Department Equipment Fund. Approval is recommended. 20. Fire Truck. Council is to consider award of a contract to the low bidder, Emergency One, in the amount of $59,995 for a Quick Attack Pumper, with funds to come from the 1983-84 budget. Approval is recommended. 21. Office Supplies. Council is to consider award of a contract to the low bidder, Barnett's Office Supply Company, as they offered the highest rate of discount for the largest number of line items. Funds are to come from each department's office supply expense for 1983-84. Approval is recommended. 22. Chan~e Order - N.%~. 1st Street Drainage Project. Council is to consider approval of Change Order No. 1 for drainage project at N.W. 1st Street from the E-4 Canal to N.W. 18th Avenue, in the amount of $4,558, for a total contract price of $25,408. Funds are to come from the 1983-84 budget. Approval is recommended. 23. Final Plat Approval- Southeast Investments Plat No. One. Council is to consider a request for final plat approval for Southeast Investments Plat No. One, a proposed industrial development, located south of the E-4 Canal, between Depot Road and the Seaboard Airline Railroad. This was approved by the Planning & Zoning Board by a 7-0 vote. 24. Site Plan Modification - Seacrest Hotel. Council is to con- sider a request for modification to the approved plan for the Seacrest Hotel to allow an addition of a partial sixth story to be used as a restaurant. This was approved by the Planning & Zoning Board by a 4-0 vote, subject to the following conditions: (1) That parking be restriped to provide at least 262 spaces; (2) Fire Marshal's memorandum of February 13, 1984; (3) That improvements be completed in accordance with the approved modified site plans and attachments thereto; specifically the perspectives entitled "A.1.A. View Looking South With Restaurant Addition Drawn In" and "A.1.A. View Looking North With Restaurant Addition Drawn In," and the Roof Plan - Restaurant Addition, all prepared by Robert G. Currie, A.I.A., P.A., and dated "Received February 1, 1984 - Planning Division"; and (4) That the time limitation of this approval be one year pursuant to Section 30-21(E) of the Zoning Code. 25. Release of Unity of Title - Palms of Delra¥. Council is to consider release of unity of title for Palms of Delray, Tracts A & B. The City Attorney and Planning Director recommend approval, subject to the condition regarding the variance for the recreation building as set forth in the City Attorney's memorandum of April 3, 1984. 26. Final Plat Approval - Park Place. Council is to consider a request for final plat approval for Park Place, an approved 60-unit multiple family project located south of S.E. 10th Street, between Federal Highway and Dixie Highway. This was approved by the Planning & Zoning Board by a 7-0 vote. - 8 - 04/10/84 26.a. Site Plan Approval - Park Place. Council is to consider a request for site plan approval for Park Place, an approved 60-unit multiple family project located south of S.E. 10th Street, between Federal Highway and Dixie Highway. This was approved by the Planning & Zoning Board by a 6-0 vote, subject to the following conditions: (1) Engineering Division's memorandum of December 1, 1983; (2) Director of Public Utilities' memorandum of December 14, 1983; (3) Fire Marshal's memorandum of December 8, 1983; (4) City Horticulturist's memorandum of February 23, 1984; (5) That improvements to this site be completed in accord- ance with the approved site plans and the conditions of this approval; and (6) That the time limitation of this approval be eighteen (18) months pursuant to Section 30-22(E) of the Zoning Code. 27. Abandonment of Roads - ¥~ihmueller Subdivision (Park Place). Resolution No. 28-84, vacating and abandoning streets located south of S.E. 10th Street, between Miami Boulevard and Federal Highway, is before Council for consideration. The caption of Resolution No. 28-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF S.E. 2ND AVENUE, BUFFALO ROAD AND ASTNER ROAD ALL LYING AND BEING WITHIN THE SUBDIVISION OF WEIHMUELLER ADDITION TO DELRAY BEACH AS RECORDED IN PLAT BOOK 23, PAGE 174 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 28-84 is on file in the official Resolution Book) 28. Monitoring the Beach Erosion Control Project. Resolution No. 29-84, authorizing the submittal of an application to the State Department of Natural Resources requesting funds for the yearly moni- toring, biological monitoring and implementation of the dune study which is in progress, is before Council for consideration. The estimated project cost is $130,000, with 75% ($97,500) from State sources and 25% ($32,500) from local sources. The City's portion will come from the erosion control fund. Approval is recommended. The caption of Resolution No. 29-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLI- CATION TO THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES REQUESTING AND SETTING FORTH THE NEED FOR FUNDS IN REGARD TO: MONITORING THE BEACH EROSION CONTROL PROJECT, BIOLOGICAL MONITORING OF THE REEF AND NEARSHORE AREA, AND ENHANCEMENT OF THE DUNE, ALL AS MORE FULLY SET FORTH IN THE APPLICATION. (Copy of Resolution No. 29-84 is on file in the official Resolution Book) 29. Sanitary Sewers and Water Utilities. Resolution No. 30-84, accepting sanitary sewers and water utilities as operational as recorded in the plat of Pelican Harbor North, is before Council for considera- tion. The caption of Resolution No. 30-84 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 PELICAN HARBOR NORTH, RE- CORDED IN PLAT BOOK 46, PAGE 119 OF THE PUBLIC RECORDS OF - 9 - 04/10/84 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 FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESO- LUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 30-84 is on file in the official Resolution Book) 30. Sanitary Sewers and %~ter Utilities. Resolution No. 31-84, accepting sanitary sewers and water utilities as operational as recorded in the plat of Rainberry Bay, Section 7, is before Council for consider- ation. The caption of Resolution No. 31-84 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 RAINBERRY BAY SECTION 7, RECORDED IN PLAT BOOK 43, PAGES 88 AND 89 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 FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DE VELOPER FROM STRICT PERFORMANCE; PROVIDING FO~ MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 31-84 is on file in the official Resolution Book) 31. Nuisance Abatement. Resolution No. 32-84, assessing costs on 12 properties in accordance with Sections 13-12 and 13-13 of the Code, is before Council for consideration. The caption of Resolution No. 32-84 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 IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND 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; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 32-84 is on file in the official Resolution Book) Mr. Bird moved for adoption of the Consent Agenda with the addition of Item 26.a., seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 32. Water Service Outside City - Slavin Rentals, Inc. Council is to consider execution of a water service agreement between the City and Jeff Slavin for property located at the northwest corner of Georgia Street and Lime Lane. The proposed use of the property is for service and repair, parts, parking and storage, salvage and junk yard, paint, body and frame shop for automobiles and trucks. This was approved by the Planning & Zoning Board by a 6-0 vote. - 10 - 04/10/84 Mr. Bird moved to authorize execution of the water service agreement, 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. Before roll call, Mayor Campbell stated that he was opposed to this when it first came before Council because he felt that before they give water to anyone outside the City they should try to bring them in or try to bring them into conformance with the City's Land Use Plan. Since that time, it is his understanding the P&Z Board is considering a change in the Land Use Plan. Mr. Bird left the Council Chambers at this time. Mr. Tore Wallin, P&Z Board, advised that the Board is con- sidering a change in the use for a good portion of that area to LI (Light Industrial) and it is presently under study. Further Council discussion was had relative to the proposed change to Light Industrial. At this point the roll was called to the motion. 33. Offer to Purchase Surplus City Property. Council is to consider an offer to purchase surplus City property located south of West Atlantic Avenue and east of NEW Homewood Boulevard for $133,500 by Allerton and Associates, Inc. The City Attorney advised that if Council is agreeable to selling the property they would be required to advertise the terms and conditions under which they would be willing to sell it once a week for two weeks in a local paper and conduct a public hearing thereafter. Mrs. Horenburger noted that the appraisal is about 15 months old. The property has been rezoned since the appraisal was done and she thinks this would have an effect on its value. Mrs. Horenburger moved to have the appraisal updated and to get a second appraisal for this property, 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. Before roll call the following discussion was had: Upon question by Mayor Campbell, Mrs. Horenburger advised that her motion would preclude entering into a contract at this time. Mr. Jackel stated he would like to see them readvertise and go to bid on this particular piece of property. He would also like to ask Council if they really want to sell this property; perhaps they would like to move the tennis complex to this area or there may be other uses for the property. Upon question by Mayor Campbell, the City Attorney advised that they could probably get both appraisals within a two week interval. Mrs. Horenburger added that when they have the appraisals, that would be the appropriate time to decide whether or not they want to sell the property and how to go about it. At this point the roll was called to the motion. Mr. Bird returned to the Council Chambers at this time. 34. Ordinance No. 27-84 - Zoning Ordinance Amendment - Telephone Switching Stations. Ordinance No. 27-84, amending Chapter 30 "Zoning" of the Code of Ordinances to allow telephone switching stations in all zoning districts, is before Council for consideration on First Reading. If passed, Public Hearing will be held on April 24th. The City Manager presented Ordinance No. 27-84: - 11 - 04/10/84 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1, "DEFINITIONS" BY ADDING A NEW SUBSECTION TO ALLOW TELEPHONE SWITCHING STATIONS IN ALL ZONING DISTRICTS, WITH NO MINIMUM LOT AREA REQUIRED; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ADDING A SUBSECTION (V) "TELEPHONE SWITCHING FACILITY"; 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. 27-84 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. 35. Ordinance No. 28-84 - Zonin~ Ordinance Amendment - Posting of Notice of Proposed Rezonin~. Ordinance No. 28-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to posting of property proposed for rezoning, is before Council for consideration on First Reading. If passed, Public Hearing will be held on April 24th. The City Manager presented Ordinance No. 28-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-23, "REZONING REQUESTS", SUBSEC- TION (B), "PROCEDURES", TO ENACT A NEW SUB-SECTION (d) REQUIRING IN ADDITION TO THE OTHER REQUIRED NOTICES, THE POSTING OF A NOTICE OF PROPOSED REZONING ON THE PROPERTY PROPOSED TO BE REZONED AT LEAST TEN (10) DAYS IN ADVANCE OF THE PUBLIC HEARING BEFORE THE PLANNING AND ZONING BOARD; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 28-84 on First 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. Before roll call the following discussion was had: Mr. Jackel asked if it would be appropriate to post property not only for rezoning, but also site plans, site plan modifications, etc. Mr. Mike McDaniel, Planning Director, advised that presently they do not post properties that are proposed for site plan approval as there is no public notice required; however, they do advertise the entire agenda in the newspaper as a courtesy. He is in favor of in- cluding this public notice procedure for items that already require public notice but would not favor starting new public notice procedures for items that do not require it and feels it would become somewhat burdensome. Council discussion was had regarding the size, location and visibility of the sign. The City Attorney advised that some Statutory language has been construed to prohibit signs of any nature in the rights-of-way of the State and County road highway systems. Mrs. Alice Finst stated that several years ago when the Lakeview Golf Course wanted to add a restaurant, although public notice was mailed to residents within 500 feet, someone construed that it did not mean crossing any canals and there were several hundred people who - 12 - 04/10/84 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1, "DEFINITIONS" BY ADDING A NEW SUBSECTION TO ALLOW TELEPHONE SWITCHING STATIONS IN ALL ZONING DISTRICTS, WITH NO MINIMUM LOT AREA REQUIRED; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ADDING A SUBSECTION (V) "TELEPHONE SWITCHING FACILITY"; 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. 27-84 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. 35. Ordinance No. 28-84 - Zonin~ Ordinance Amendment - Posting of Notice of Proposed Rezonin~. Ordinance No. 28-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to posting of property proposed for rezoning, is before Council for consideration on First Reading. If passed, Public Hearing will be held on April 24th. The City Manager presented Ordinance No. 28-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-23, "REZONING REQUESTS", SUBSEC- TION (B) , "PROCEDURES", TO ENACT A NEW SUB-SECTION (d) REQUIRING IN ADDITION TO THE OTHER REQUIRED NOTICES, THE POSTING OF A NOTICE OF PROPOSED REZONING ON THE PROPERTY PROPOSED TO BE REZONED AT LEAST TEN (10) DAYS IN ADVANCE OF THE PUBLIC HEARING BEFORE THE PLANNING AND ZONING BOARD; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DA TE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 28-84 on First 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. Before roll call the following discussion was had: Mr. Jackel asked if it would be appropriate to post property not only for rezoning, but also site plans, site plan modifications, etc. Mr. Mike McDaniel, Planning Director, advised that presently they do not post properties that are proposed for site plan approval as there is no public notice required; however, they do advertise the entire agenda in the newspaper as a courtesy. He is in favor of in- cluding this public notice procedure for items that already require public notice but would not favor starting new public notice procedures for items that do not require it and feels it would become somewhat burdensome. Council discussion was had regarding the size, location and visibility of the sign. The City Attorney advised that some Statutory language has been construed to prohibit signs of any nature in the rights-of-way of the State and County road highway systems. Mrs. Alice Finst stated that several years ago when the Lakeview Golf Course wanted to add a restaurant, although public notice was mailed to residents within 500 feet, someone construed that it did not mean crossing any canals and there were several hundred people who - 12 - 04/10/84 were not notified. There could be situations, such as a conditional use, variance, etc., which would affect a large number of people. She feels those should be included in the ordinance. She has spoken with the City Clerk of Plantation, Florida and she outlined their procedure and passed around a photograph of the sign used there. Mr. David Cohen urged Council to properly inform people living nearby just what is going up on these properties. He favors the posting of signs. Mr. Jackel recommended changing the ordinance to include major modifications to site plans as well as rezonings. Mr. Bird stated that he finds conditional uses more objectionable than site plans; he questions where it stops. Mr. Jackel suggested they pass the ordinance as written and then ask the P&Z Board to study this matter further. Upon question by Mr. Bird, Mr. McDaniel advised that they started post- ing properties a long time ago but they have not always been consistent in doing it and they did not post Rainberry Estates. At this point the roll was called to the motion. 36. Water & Sewer Bonds ~ Preliminary Presentation. Mr. Tony Soviero, Vice-President of William R. Hough & Company, presented and outlined a proposal to City Council for his company to serve as under- writers for the Water & Sewer Bonds. Mayor Cambell invited Mr. Soviero to attend next Tuesday's workshop when they will be going into a more in-depth discussion of this topic. Mayor Campbell declared the meeting adjourned at 8:35 P.M. City 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 10, 1984, which minutes were for- mally approved and adopted by the City Council on ~~ ~//~'~. ~ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 13 - 04/10/84 were not notified. There could be situations, such as a conditional use, variance, etc., which would affect a large number of people. She feels those should be included in the ordinance. She has spoken with the City Clerk of Plantation, Florida and she outlined their procedure and passed around a photograph of the sign used there. Mr. David Cohen urged Council to properly inform people living nearby just what is going up on these properties. He favors the posting of signs. Mr. Jackel recommended changing the ordinance to include major modifications to site plans as well as rezonings. Mr. Bird stated that he finds conditional uses more objectionable than site plans; he questions where it stops. Mr. Jackel suggested they pass the ordinance as written and then ask the P&Z Board to study this matter further. Upon question by Mr. Bird, Mr. McDaniel advised that they started post- ing properties a long time ago but they have not always been consistent in doing it and they did not post Rainberry Estates. At this point the roll was called to the motion. 36. Water & Sewer Bonds - Preliminary Presentation. Mr. Tony Soviero, Vice-President of William R. Hough & Company, presented and outlined a proposal to City Council for his company to serve as under- writers for the Water & Sewer Bonds. Mayor Cambell invited Mr. Soviero to attend next Tuesday's workshop when they will be going into a more in-depth discussion of this topic. Mayor Campbell declared the meeting adjourned at 8:35 P.M. 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 10, 1984, which minutes were for- mally approved and adopted by the City Council on ~ ~/~F. ~ 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. - 13 - 04/10/84