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12-04-84 DECEMBER 4~ 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, December 4, 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 Theodore A. Bush, First Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a.1. Mr. Joseph Bell, 140 Venetian Drive, stated that at last week's regular meeting his group raised some points about excessive sewage along MacFarlane Drive and Ingraham Avenue. He questioned if there would be any report on this tonight. The City Manager advised it is his intention to have that report on next week's agenda. 4.a.2. Mr. Bob Stump, 2726 Carnation Court, stated it is his under- standing that to furnish the hardware and landscaping for Linton Boul- evard will cost in the range of $170,000 - $175,000; $75,000 for the hardware and $100,000 is set as a round figure for the landscaping. He would like to support the idea that Council commit itself to supplying the hardware out of the City's budget. The remaining $100,000 would have to come from volunteers' contributions, individuals, businesses, civic groups and developers. However, he would hate to see the burden of this cost placed on the developers and feels it should be a community activity. 4.a.3. Mrs. %~lton Spruill, 231 Venetian Drive, stated she has a problem concerning the Marina Delray Hotel's air conditioning compressor fans on the roof of the restaurant which are very noisy. She advised she has complained to the hotel management several times but nothing has been done to stop the noise. She requested that Council do something to alleviate this problem. Mr. Bird stated that this problem has surfaced repeatedly. If there are areas within the community where a commercial business clearly is no longer acceptable, and cannot be accommodated, then per- haps they need to look to outlawing it at some date in the future; they should not allow an unacceptable use to be grandfathered forever. He asked for Council's concurrence to have the City Attorney investigate the actions taken by the City of Ocean Ridge to see if they relate to the City's residential areas. Council concurred. The City Manager stated they do have a noise ordinance and he will request that the Building Inspection office and the Police Department take the decibel reading to determine if the air conditioning units are in violation. 4.a.4. Mrs. Alice Finst, Acting Chairman of the Community Appear- ance Board, stated that last night they had a special meeting and one of the items they discussed was a rewrite of the ordinance regarding stor- age of garbage and trash containers. It is their hope to endorse a rewrite on the screening of these containers and that Council will take speedy action to have the ordinance prepared. Mr. Bird stated he would be interested in some suggestions from the CAB with regard to quadplexes, etc., and what they feel would be acceptable screening; they could then come back to Council with a recommendation. 4.a.5. Mr. Jules Felso, 8 N.E. 2nd Street, stated that when the City operated their own garbage pickup they had a clam bucket follow the trucks once a week; he feels they should consider starting this practice again. The City Manager advised they are meeting with Waste Manage- ment to try and determine the cost of cleaning up the entire City. Mrs. Horenburger questioned if there is anything in the contract with Waste Management whereby they would have a leg to stand on when the service is poor and they are receiving multiple complaints. The City Manager stated the problem is that the way the contract is written the complaints are by street or route and they are trying to define this; it is not a conglomerate of complaints. 4.b.1. Mr. Bird stated he received several phone calls concerning a newspaper article, written by Mr. Pitts, concerning height limitations within the City of Delray Beach. Some of the people who called him seemed to have the understanding that some final action had been taken. He advised the audience and members of the press that there was a meet- ing held several weeks ago by some citizen groups who are reviewing the height limitations; however, to his knowledge there has been no report from them and the issue has not come before Council. 4.b.2. Mr. Jackel moved that Elaine Roberts be appointed as an alternate member to the Community Appearance Board, seconded by Mrs. Horenburger. Said motion passed unanimously. 4.b.3. Mrs. Horenburger thanked the City staff for paving the intersection of Lake Ida Road and Swinton Avenue. 4.b.4. Mrs. Horenburger requested that the parking study, being recommended by the Planning and Zoning Board, be placed on next week's agenda. 4.b.5. Mrs. Horenburger advised she is a member of the County Beach Erosion Control Steering Committee which has come up with a recommenda- tion to form the Palm Beach County-Wide Beaches and Shores Council. She has a form of an interlocal agreement and will have copies made and ready for Council's agenda packet on Friday. She would appreciate it if everyone on Council and staff would review this agreement to see if they have any recommendations; if so, to have them ready by the next regular meeting. 4.b.6. Mrs. Horenburger advised she checked with the Attorney General's office and was told that Delray's handicapped ordinance will be on their agenda to be addressed December 1st. Hopefully, by next week's meeting they will have their decision and can move along and join with the County in instituting their handicapped ordinance. 4.b.7. Mr. Weatherspoon moved to appoint Clayton Monroe, II, as an alter~ate member on the Internal Audit Committee, seconded by Mr. Jackel. Said motion passed unanimously. 4.b.8. Mayor Campbell read a proclamation proclaiming December 22, 1984, as "Human Rights Day". - 2 - 12/04/84 4.b.9. Mayor Campbell stated he hopes the citizens of Delray are very proud of the results of the beach renourishment project; it passed the test as an effective barrier in what turned out to be a serious storm. 4.c.1. The City Attorney advised that Item 6, relative to the contract for architectural services for the police facilities, has a new page to be inserted. It mainly sets forth the fee arrangement; however, one change Council should note is the initial $15,000 payment is now $16,000. 4.d.1. The City Manager advised that they have isolated the elec- trical problem at the City Marina and have ordered the appropriate equipment to begin making repairs. They have also found that the con- tractor installed the electrical wiring in accordance with the contract specifications. It has now been turned over to the City Attorney's office for review of the legal side as to whether or not it should have been noted by the design engineers that this type of situation could happen with the intrusion of salt water. The City Manager stated, by the next meeting or the first workshop in January, he would hope to discuss, in general, a series of other concerns relative to the marina. Mr. Bird noted that their first workshop in January falls on the 1st, New Years Day. He feels it would be appropriate to designate the 8th and 22nd as workshop meetings and the 15th and 29th as regular meetings. Mr. Bird moved that the meetings for the month of January, 1985, be a workshop meeting on the 8th, a regular meeting on the 15th, a workshop meeting on the 22nd and a regular meeting on the 29th, seconded by Mr. Jackel. Said motion passed unanimously. 4.d.2. The City Manager stated Council was furnished a memorandum regarding the screening of the north water plant. Mrs. Davila, City Horticulturist, has done a study of the situation and is estimating the landscaping will cost approximately $15,000. However, there is a ques- tion relative to the irrigation system. He has discussed this with Mrs. Davila and Mr. Pontek, Director of Public Utilities, and they would like to go ahead and bring in an engineer to design an irrigation system and be prepared if they wish to go with greenery as screening. Mr. Bird questioned if the fence portion of the water plant could be reduced to increase the usable City-maintained space. There are a number of children in that area who could benefit from an open play area which would not have to be maintained as well as a ballfield. This would also reduce the cost of the landscaping. The City Manager stated that would be possible at this time. However, if they were to redesign the plant it would probably consume that space. Mr. Bird stated he would be interested in reviewing that at the same time. 4.d.3. The City Manager advised Council has also been furnished tonight a memorandum relative to the landscaping and irrigation for Linton Boulevard. Mrs. Davila has developed a plan for the landscaping; she was asked to design a package as maintenance free as possible and also to review the type of watering systems. 5. Mr. Bird moved for approval of the agenda, seconded by Mrs. Horenburger. Said motion passed unanimously. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 6. Contract for Police Facilities. Council is to consider authorizing execution of a contract between the City and Digby Bridges & Associates for architectural services for the new police facility. - 3 - 12/04/84 7. Final Plat Approval - The Gulfstream Building. Council is to consider a request for final plat approval for The Gulfstream Build- ing, an approved office development located at the northwest corner of 8th Street and Andrews Avenue. This was approved 4-0 by the Planning and Zoning Board. 8. Final Plat Approval - Rainberry Bay~ Section 10. Council is to consider a request for final plat approval for Rainberry Bay, Section 10, an approved 60-unit townhouse project located within the Rainberry Bay development on the north side of Lake Ida Road between Davis Road and Barwick Road. This was approved 4-0 by the Planning and Zoning Board. 9. Final Plat Approval - Pelican Harbor Shoppes. Council is to consider a request for final plat approval for Pelican Harbor Shoppes, an approved 13,646 square foot shopping center located at the northeast corner of South Federal Highway and Tropic Isle Drive. This was ap- proved 4-0 by the Planning and Zoning Board. 10. Conditional Use ApDroval - Bar & Fern's Academy. Council is to consider a request for conditional use approval for Bar & Ferg's Academy, a proposed child care/kindergarten center, located on the south side of Sterling Avenue, between S.W. 4th Avenue and Swinton Avenue. This was approved 6-0 by the Planning and Zoning Board, subject to the following conditions: (1) Engineering Division's memorandum of October 15, 1984; (2) Fire Marshal's memorandum of September 11, 1984; (3) That County Health Department approval be obtained before a building permit is issued; (4) That the owner of the subject property file a Unity of Title to form a single building site; (5) That the only conditional uses to be allowed hereunder are as follows: Day care center, kindergarten, nursery school, and other pre- school facilities; (6) That there be no more that seventy-one (71) children at this facility at any one time; (7) That all improvements are to be completed in accordance with the approved site plans; and (8) That the time limitation of this approval shall be eighteen months pursuant to Section 30-21(E) of the Zoning Code. 11. Outdated Bunker Equipment. Council is to consider au- thorizing the donation of outdated bunker equipment. The Fire Depart- ment has several pieces of duck material bunker equipment which is no longer used and which they would like to donate to the Florida State Firemen's Association. Approval is recommended. 12. Fundin~ for N.E. 1st Street Planters. Council is to con- sider authorizing funding for the planters on N.E. 1st Street in the amount of $2300 to be allocated from lapsed appropriations from 1983/84. 13. Excess Liability Insurance. Council is to consider the award of a contract for excess liability insurance to International Surplus Lines and Safety Mutual. Approval is recommended. 14. Soda Vendin~ Machines. Council is to consider the award of a contract to Coca-Cola Bottling Company of Miami for soda vending machine service at various areas throughout the City. Approval is recommended. 15. Nuisance Abatement. Resolution No. 94-84, assessing costs for abating nuisances in accordance with Sections 13-12 and 13-13 on three parcels, is before Council for consideration. - 4 - 12/04/84 The caption of Resolution No. 94-84 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. 94-84 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. Said motion passed unanimously. REGULAR AGENDA 16. Transfer of Cable Television Franchise. Resolution No. 95-84, authorizing the transfer of the cable television franchise held by Denntronics Cable, Inc., to Sunbelt-Denntronics, Ltd., is before Council for consideration. The City Manager presented Resolution No. 95-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 10, SECTION 10-18 AUTHORIZING A TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM DENNTRONICS CABLE, INC., A FLORIDA CORPORATION TO SUNBELT-DENNTRONICS, LTD., A LIMITED PARTNERSHIP ORGANIZED UNER THE LAWS OF THE STATE OF FLORIDA AND HAVING AUTHORITY TO DO BUSINESS AS SUCH LIMITED PARTNER- SHIP IN THE STATE OF FLORIDA. (Copy of Resolution No. 95-84 is on file in the official Resolution Book) The City Attorney advised that Items 16 and 17 deal with a request to transfer one of the two existing cable television franchises to a new entity. The first item, Resolution No. 95-84, would transfer the franchise to the new entity under the terms and conditions as set forth in Section 1; the adoption of this resolution would effect the transfer. The second item, Ordinance No. 104-84, is, basically, in the nature of housekeeping and changes the name on the Code Book records. He advised one should not be approved without the other; once Council adopts the resolution it is a foregone conclusion that they have to amend the code to show it. Upon question by Mayor Campbell as to whether it would not be more appropriate to adopt the resolution at the time of the public hearing of the ordinance, the City Attorney stated, basically, public hearings are mandated for adoption of ordinances, they are not so man- dated for resolutions. However, there is a time frame problem relative to the potential transferee's financial commitments which do not last that long; the second reading and public hearing of the ordinance would not be until January 15th. He stated Council should be aware that this is simply not a name change, it is also a transfer of functions, al- though some of the partners of Denntronics remain connected financially. Upon question by Mr. Weatherspoon, the City Attorney stated, as staff, all he can really do for Council is try to gather the in- formation about the financial viability, composition, etc., of the new entity. If Council feels they have sufficient information, and are comfortable that they will be a successful franchisee, then he feels the decision becomes easier; he does not know if any of the other issues are ~elevant at the present time. - 5 - 12/04/84 Upon question by Mr. Bird, the City Attorney stated they have granted two organizational changes in the past, both involving Leadership Cable. Mrs. Horenburger questioned what the difference would be if they were to adopt the ordinance tonight, on first reading, and consider the resolution next week. The City Attorney stated it is his under- standing that Sunbelt's business proposition expires the end of this month. Mrs. Horenburger stated she would like to investigate this a little further. Mr. Dennis Chambers, President of Denntronics Cable, Inc., stated they have prepared a complete package with all the information on the new partnership. The purpose of the transfer is to secure the financing to complete all the promises made to the City of Delray Beach. In their initial application they indicated there would be a 35% public stock offering; however, after going through some lengthy process, they determined that would not be the best situation for them financially. He advised Council there will be no major change in their programming or pricing. At this time Mr. Chambers introduced his new partners and outlined their experience. Mr. Ed Addis, representing Sunbelt Cable, stated this com- pany has owned and operated cable systems in Palm Beach County for approximately 1% years. They intend to continue expanding their busi- ness and they consider this transfer as an expansion of their current operations. Their role, as they see it, is to provide additional fund- ing for construction of additional facilities which will be required due to the growth of the area. They have secured a line of credit in the amount of 4 million dollars which will be used for that construction. Mr. Alan Hofman, representing Denntronics, stated when they applied for a franchise application the main complaint of Council and Leadership Cable was that they were under capitalized. The financing which has been arranged for the new company will be used for expansion in the existing franchise areas. Upon question by Mayor Campbell as to what the role of Denntronics will be in the new entity, Mr. Chambers stated there will only be Denntronics. Sunbelt-Denntronics is a separate limited partner- ship set up to fund the Denntronics Cable operation and is not a part of the Sunbelt Cable in Lake Worth or any other system. Mr. Jackel stated, as he sees it, this is not the old com- pany, it is an entirely new company. He questioned if Council would want to open up franchises to other companies who come into the City. He also questioned whether Denntronics Cable, Inc., has lived up to their agreement. The City Attorney stated that this item was placed on the agenda for a transfer. If Council is going to discuss something in the nature of failure to comply with the franchise agreement and expects them to address themselves to that, they should give them notice in advance and specific allegations so they have the time and ability to respond. The new company has agreed to abide by all the terms, con- ditions and time frame that the original franchisee agreed to. To that extent, this transfer should not be construed as a waiver. Mr. Bird stated it should be formally stated, for the rec- ord, and understood by the new partners of this enterprise, that they will abide by the franchise agreement. A representative of Sunbelt stated they have so informed the City Attorney's office that they have and will agree to abide by all the terms and conditions of the franchise in the City of Delray Beach. - 6 - 12/04/84 Mr. Roger Snowden, Vice-President of Fairbanks Communica- tion, owner of Leadership Cablevision, stated the City was made a number of promises by Denntronics. He does not know if they are binding them- selves to all the things they promised or if they are binding themselves to the ordinance as it was adopted and which is very short. He would like to see the new company honor those commitments. He stated he would like Council to defer action on this resolution as it raises a number of questions that need serious consideration before a transfer is granted. Mr. Rick Martins, attorney representing Sunbelt-Denntronics, Ltd., stated this is simply an application for transfer of a franchise. The liabilities that may exist prior to this transfer are still going to be there and Council is not waiving any possible reprimands or other action it may have for allegations of failure to comply with the prior agreement. If this City benefits because its citizens are going to get more service, and the financial wherewithall is now available for Denn- tronics to provide that service, then rates are going to come down and that has to be beneficial. In summary, he feels that what is before Council is little more than a housekeeping act to transfer a franchise. Mr. Bird stated he is persuaded with the City Attorney's assurance that nothing changes in the franchise agreement and the as- surance of the new partnership that they are willing to be bound by the time schedules which were addressed. Mr. Bird moved for the adoption of Resolution No. 95-84, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mayor Campbell stated he feels they basically have two simple matters here; (1) is the new company going to and are they obligated to perform under the existing agreement and (2) is there, in any sense, a jeopardy that they cannot perform because of who they are or being a new company. He has not seen anything to date to indicate that that is not the case; if he had he would be ready to vote tonight. He would be willing to consider this next week to give this thorough investigation. Mrs. Horenburger concurred with Mayor Campbell's comments. At this point the roll was called to the motion. 17. Ordinance No. 104-84 - Amendin~ Code - Cable Television Franchise. Ordinance No. 104-84, amending Chapter 10 "Cable Television Franchise" of the Code of Ordinances, changing Grantee II from Denn- tronics Cable, Inc., to Sunbelt-Denntronics, Ltd., is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 8, 1985. The City Manager presented Ordinance No. 104-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "CABLE TELEVISION FRANCHISE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 10-2, "DEFINI- TIONS'', BY CHANGING THE DEFINITION OF GRANTEE II TO REFLECT A TRANSFER OF THE FRANCHISE CURRENTLY HELD BY DENNTRONICS CABLE, INC., TO SUNBELT-DENNTRONICS, A LIMI- TED PARTNERSHIP ORGANIZED UNDER THE LAWS OF THE STATE OF FLORIDA AND AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EF- FECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 104-84 on First Reading, 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. - 7 - 12/04/84 Before roll call, the City Attorney advised there should be a modification to the agenda to reflect that second reading and public hearing will be held on January 15, 1985. At this point the roll was called to the motion. 18. Status report relative to Marina Delray matter (City Attor- ney). The City Attorney advised this item is on the agenda at his re- quest, but based on Council's direction to look at the problems of obtaining documentation to support the continued existence of the Marina Delray. One of the key things Council expressed they wanted to see were the sales tax reports for the last three years. Although the current owners of the Marina Delray were able to provide those reports for when they were in operation they were not able to obtain the records for the years preceding that. They were able to obtain, from the preceding property owner, a document requesting that the Department of Revenue release the other tax reports. The document was not received until the second week of November when it was immediately transmitted to the Department of Revenue; however, to date they have not received any response. It is his opinion that to consider the factual issues, with- out at least getting some response, would be premature. He suggested that Council's consideration of this matter be delayed for another month. This will require a motion to continue the matter to the 15th of January and Marina Delray's temporary certificate of occupancy will be extended through noon of the following day. Mr. Bird moved that Item 18 be moved to the formal agenda of January 15, 1985, with the temporary certificate of occupancy to run until noon on the 16th of January, seconded by Mr. Jackel. Said motion passed unanimously. Mayor Campbell declared the meeting adjourned at 8:35 P.M. y Clerk 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 December 4, 1984, which minutes were formally approved and adopted by the City Council on~. /~//~--. 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. - 8 - 12/04/84