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01-25-83 JANUARY 25, 1983 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:05 P.M., Tuesday, January 25, 1983. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Dr. Andrew Hall, First 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 January 11, 1983 and the Special Meetings of December 29, 1982 and January 7, 1983, seconded by Mr. Blair. Said motion passed unanimously. 26. Upon question by Mayor Young regarding Item 26, the City Manager advised that the decision to use premium unleaded fuel was made several years ago at which time staff felt that police vehicles operate better and have better maintenance with this type of fuel. Upon ques- tion by Mr. Bird, the City Manager advised that they have not inquired as to the price of regular unleaded fuel and suggested, since they are not obligated to purchase premium unleaded, they accept the prices as recommended on the agenda and he will find out the prices for regular unleaded and report back to Council. 5.a.1. Mrs. Alice Finst, 707 Place Tavant, spoke on Ordinance No. 20-82, the lot mowing ordinance which was passed last year. She ad- vised that the process has slowed down and there is a delay between the time notice is served and the time the nuisance actually gets abated. One factor is that this has to go out to bid and the 35 people on the bid list have to be notified. Also, when the bidders do not know where the property is, the City's Lot Inspector has to take them out to show them. The City Attorney advised that many times in addition to lot mowing there is trash removal which must be done first. This encom- passes more than what is generally anticipated which is why the lots have to be bid on individually. Mr. Bird stated that they need to either reduce the number of people who participate or put them in some orderly progression so that they can negotiate with whoever is next on the list. Upon question by Mr. Perry, the City Manager advised that the City is not equipped to do trash removal in conjunction with lot mowing, which is why they go to competitive bidding; he agreed that they should seek a way to expedite the process. It was the consensus of Council to discuss this further at a future workshop meeting. 5.b.1. Mr. Jackel read the following into the record: "Fred Blaser was a good man, dedicated to the welfare of the City and a friend. He will be missed. On Wednesday, January 19th, he phoned and advised me that his Committee was not receiving full cooperation from the City Administration. I told him I would check into it and get back to him but thirty hours later he was dead. On that same day, January 19th, he wrote a letter to the Mayor expressing similar thoughts." Let me read a few lines from the letter: "Please refer to my letter of December 1, 1982, in which I reported that the Internal Audit Committee is not receiving the documents and information essential to carrying out its mandate. This continues to be the case. We are unable to advise you on the financial matters of the City without the flow of required data." Mr. Jackel stated further that about two years ago a finan- cial crisis developed in the City due to lack of information and a similar situation is developing now in Deerfield Beach. He believes the City's finances are in good shape but the City Council and the Internal Audit Committee do not know this for certain unless the City Admini- stration submits monthly or bimonthly reports. He feels that this matter must receive immediate attention. A moment of silent prayer in memory of Fred Blaser was observed at this time. 5.b.2. Mr. Blair requested that the Administration look into the street lighting on Atlantic Avenue at northbound and southbound Federal Highway because the timing is off. Mr. Ken Ellingsworth added that the lights at the N.E. 8th Street and Federal Highway intersections have the same problem. The City Manager advised, regarding the Federal Highway resignalization, that when he checked about three weeks ago, the syn- chronization work had not been completed. It is their understanding that once the synchronization work is completed in the next month or so, they should have a much smoother traffic flow. Mayor Young added that they are also having a signalization problem at the new intersection of Atlantic Avenue and High Point Boule- vard and asked that the Administration look into that. 5.c.1. The City Attorney advised that at their last meeting he presented Council with a settlement offer from Mr. Schmidt's attorneys in the amount of $8,700, which offer City Council rejected. Mr. Schmidt has submitted a second settlement offer which initially began at $5,000 but he is willing to accept $2,500 in settlement of the claim. He stated further that, based upon the facts involved and although there is some argument to the contrary, this gentleman has medical bills in excess of that amount and it is recommended the claim be settled for $2,500. Upon question by Council regarding this claim, the City Attorney advised that apparently on the day in question, holes were dug at the beach to rid it of some buried bales of marijuana. The allega- tion is that the City failed to fill the holes back in and Mr. Schmidt fell in one. He further advised that under most circumstances they would not recommend a settlement but due to the nature of the injuries in this case, they thought it best. Mr. Blair moved for approval of the settlement offer of $2,500, seconded by Mr. Bird. Said motion passed unanimously. 5.d. There were no Non-Agenda items by the City Manager. - 2- 01/25/83 6. The City Manager requested that Item 19 be removed from the agenda and noted that on Item 23, the recommendation is "to approve the contract subject to the City Attorney's approval of bid bond and in- surance requirements". Mr. Bird moved for agenda approval, seconded by Mr. Jackel. Said motion passed unanimously. 7. Mayor Young presented City Service Awards to Elizabeth Hodges and Connie Thayer for their service as members of the Beautifi- cation Committee. PUBLIC HEARINGS 8. Ordinance No. 1-83 - Chan~ing the City's Land Use Plan Desig- nation. Ordinance No. 1-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property bounded by Avenue F on the North, the C-15 Canal on the south, Frederick Boulevard on the east and the FEC Railroad on the west from MF-10 (Multiple Family, 10 units per acre) to MF-6 (Multiple Family, 6 units per acre), is before Council for consideration on Second and FINAL Reading. 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. 1-83: 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 LOCATED IN SECTIONS 28 AND 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM MF-10 MULTIPLE FAMILY (10 UNITS PER ACRE) TO MF-6 MULTIPLE FAMILY (6 UNITS PER ACRE); AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 1-83 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. 1-83 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 2-83 - Chan~in~ the City's Land Use Plan Desig- nation. Ordinance No. 2-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property bounded by Avenue F on the north, the C-15 Canal on the south, Frederick Boulevard on the east and the FEC Railroad on the west from MF-10 (Multiple Family, 10 units per acre) to C (Commercial), 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. 2-83: 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 LOCATED IN SECTIONS 28, 29 AND 32, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM MF-10 MULTIPLE FAMILY (10 UNITS PER ACRE) TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 2-83 is on file in the official Ordinance Book) - 3 - 01/25/83 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. 2-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 5-83 - Navilio Annexation. Ordinance No. 5-83, amending Ordinance No. 85-82 to delete Lot 11, Block 14, South- ridge Plat No. 2, is before Council for consideration on Second and Final Reading. The parcel of land is located east of S.W. 8th Avenue, between Benjamin Avenue and Linton Boulevard, subject to R-iA (Single Family Dwelling) District. 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. 5-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 1 OF ORDINANCE NO. 85-82 TO DELETE THE LEGAL DESCRIPTION OF LOT 11, BLOCK 14, SOUTHRIDGE PLAT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 5-83 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. 5-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 6-83 - California Designs, Inc. Annexation. Ordinance No. 6-83, amending Ordinance No. 87-82 to correct the legal description, is before Council for consideration on Second and FINAL Reading. The parcel of land is located west of S.W. 8th Avenue between S.W. 12th Street and Dixie Boulevard, subject to R-iA (Single Family Dwelling) District. 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. 6-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 87-82 TO CORRECT THE LEGAL DESCRIPTION SET FORTH IN SECTION 1 THEREOF; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 6-83 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. - 4 - 01/25/83 Mr. Jackel moved for the adoption of Ordinance No. 6-83 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 7-83 - City Charter - Date of Elections. Ordinance No. 7-83, providing for Charter changes to Article V "Elec- tions'' of the City Charter to provide for changing the date of the City's first nonpartisan election from the first to the second Tuesday in March of each year, and for changing the date of the City's second nonpartisan election from the third to the fourth Tuesday in March of each year, 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. 7-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE V, "ELECTIONS", SECTION 5.02(a), "TYPES OF ELECTIONS", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR CHANGING THE DATE OF THE CITY'S FIRST NON- PARTISAN ELECTION FROM THE FIRST TO THE SECOND TUESDAY IN MARCH OF EACH YEAR, AND FOR CHANGING THE DATE OF THE CITY'S SECOND NONPARTISAN ELECTION FROM THE THIRD TO THE FOURTH TUESDAY IN MARCH OF EACH YEAR; AND TO AMEND SEC- TION 5.04(d), "ELECTIONS GENERALLY" PROVIDE FOR THE METHOD OF ELECTION IN OR SUBSEQUENT TO THE SECOND NON- PARTISAN ELECTION IN CASES OF TIED CANDIDATES, AND TO ELIMINATE THE REQUIREMENT FOR USING A FURTHER RUNOFF ELECTION; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD MARCH 1, 1983; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 7-83 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. Mrs. Gert Shapiro, representing the League of Women Voters of South Palm Beach County, spoke in support of this Charter revision and noted that it will save citizen money and encourage voter parti- cipation. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 7-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Perry advised that he intends to vote "No" on all five Charter amendments because he feels they have not given it enough time. At this point the roll was called to the motion. 13. Ordinance No. 8-83 - City Charter - Administrative-Executive. Ordinance No. 8-83, providing for Charter changes to Article IV "Admini- strative-Executive'' relative to appointment, removal and compensation, is before Council for consideration on Second and FINAL Reading. 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. - 5 - 01/25/83 The City Manager presented Ordinance No. 8-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE", SECTION 4.02, "APPOINT- MENT; REMOVAL; COMPENSATION", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO DELETE THE REQUIREMENT THAT REMOVAL OF THE CITY MANAGER BY THE CITY COUNCIL DURING THE PERIOD OF NINETY (90) DAYS FOLLOWING ANY CITY ELECTION BE BY THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS OF THE CITY COUNCIL; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD MARCH 1, 1983; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 8-83 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. 8-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. 14. Ordinance No. 9-83 - City Charter - Administrative-Executive. Ordinance No. 9-83, providing for Charter changes to Article IV "Admini- strative-Executive'' relative to legal counsel appointment, removal and compensation, 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. 9-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE", SECTION 4.08, "LEGAL COUNSEL APPOINTMENT, REMOVAL AND COMPENSATION" OF THE , CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO DELETE THE REQUIREMENT THAT REMOVAL OF THE CITY ATTORNEY BY THE CITY COUNCIL DURING THE PERIOD OF NINETY (90) DAYS FOLLOWING ANY CITY ELECTION BE BY THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS OF THE CITY COUNCIL; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD MARCH 1, 1983; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 9-83 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. 9-83 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. 15. Ordinance No. 10-83 - City Charter - Legislative. Ordinance No. 10-83, providing for Charter changes to Article III "Legislative" relative to offices of Vice-Mayor and Deputy Vice-Mayor and filling of vacancies in offices of Mayor, Vice-Mayor and Deputy Vice-Mayor, 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. - 6 - 01/25/83 The City Manager presented Ordinance No. 10-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COUNCIL-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO ADD PROVISIONS PROVIDING FOR THE OFFICES, TERM, AND SELECTION OF A VICE-~.~YOR ANDADEPUTY VICE-MAYOR; PROVIDING FOR PROVISIONS FOR AND CLARIFICATION OF FILLING OF VACANCIES IN OFFICES OF MAYOR, VICE-MAYOR, AND DEPUTY VICE-MAYOR; AND TO PROVIDE THAT THE ELECTED TERM OF THE MAYOR BE FOR TWO (2) YEARS, WHETHER OR NOT SUCH ELECTION IS FOR A REGULAR TERM OR TO FILL A VACANCY, AND WITHOUT REGARD TO WHETHER SUCH ELECTION OCCURS IN AN EVEN- OR ODD-NUMBERED YEAR; AMENDING SECTION 3.04 "MAYOR; POWER AND DUTIES", OF THE CITY CHARTER, TO PROVIDE FOR THE POWERS AND DUTIES OF THE DEPUTY VICE-MAYOR, AND IN THE ABSENCE OR DISABILITY OF THE VICE-MAYOR; AND SECTION 3.06, "VACANCIES; FOR- FEITURE OF OFFICE; FILLING OF VACANCIES", OF THE CITY CHARTER, TO CLARIFY AND ESTABLISH PROCEDURES FOR THE FILLING OF VACANCIES IN THE MEMBERSHIP OF THE CITY COUN- CIL AND THE OFFICE OF MAYOR, AND DELETING THE REQUIREMENT OF FORMAL DECLARATIONS OF SUCH VACANCIES, EXCEPT IN INSTANCES OF FORFEITURE OF OFFICE; PROVIDING FOR A REFER- ENDUM ELECTION TO BE HELD MARCH 1, 1983; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- ?IVE DATE. (Copy of Ordinance No. 10-83 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. The City Attorney advised, for the record, that the new draft provided to Council this evening is the one which will be voted upon. Mr. Jackel moved for the adoption of Ordinance No. 10-83 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. 16. Ordinance No. 11-83 - City Charter - Legislative. Ordinance No. 11-83, providing for Charter changes to Article III "Legislative" to provide for an amendment to the prohibition on former elected officials holding any City office or employment until one year after the expira- tion of the term for which elected, 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. 11-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE III, "LEGISLATIVE", SECTION 3.05(c), "PROHIBITIONS", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR AN AMENDMENT TO THE PROHIBITION ON FORMER ELECTED OFFICIALS HOLDING ANY COMPENSATED APPOINTIVE CITY OFFICE OR EMPLOYMENT UNTIL ONE YEAR AFTER THE EXPIRATION OF THE TERM FOR WHICH HE WAS ELECTED, ADDING AN EXCEPTION TO SUCH PROHIBITION IF SUCH APPOINTMENT OR EMPLOYMENT IS SPECIFICALLY RATIFIED BY THE CITY COUNCIL; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD MARCH 1, 1983; PROVIDING A REPEALER PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. - 7 - 01/25/83 (Copy of Ordinance No. 11-83 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. 11-83 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. 17. Ordinance No. 12-83 - Amending Code - Bottle Clubs. Ordi- nance No. 12-83, amending Chapter 3 "Alcoholic Beverages" of the Code of Ordinances defining bottle clubs, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 12-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3, "ALCOHOLIC BEVER- AGES'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NE%~ SECTION 3-7, DEFINING BOTTLE CLUBS, DECLARING SAME TO BE A PUBLIC NUISANCE, AND PROHIBITING SAME; PROVIDING CLARIFICATIONS OF SUCH PRO- HIBITION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney advised that a new draft has been provided to Council this evening and because of material change, it is recom- mended that Ordinance No. 12-83 be adopted in its current form on First Reading, instead of on Second Reading as stated in the agenda. Mr. Blair moved for the adoption of Ordinance No. 12-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon requests from the public, Mr. Bird read aloud Section 3-7(a) "Definition of Bottle Club" and 3-7(b) "Bottle Clubs a Public Nuisance; Prohibited" of the ordinance. The City Attorney advised that this ordinance was rewritten with the specific intent that those kinds of facilities which are rented by organizations for an event and the consumption of alcohol is only incidental to that event, would be permitted to continue and would not be affected by this ordinance. At this point the roll was called to the motion. CONSENT AGENDA 18. Pollworkers. Council is to consider appointment of clerks and inspectors from the provided list of possible appointees from which sufficient numbers will be selected by the City Clerk to conduct the upcoming election. Approval is recommended. 20. Traffic Signal Agreement between the City and Palm Beach County. Council is to consider approving and authorizing execution of a traffic signal agreement between the City and Palm Beach County for a period of 10 years for the intersection at S.E. 2nd Street and State Road 5. The County will assume all installation, operational and main- tenance responsibilities for the traffic control device. Approval is recommended. - 8 - 01/25/83 21. Conditional Use Approval - Evangelist Reach Out Church for Christ. Council is to consider approval of a conditional use in a R-IA (Single Family Dwelling) District to allow a 230 seat church, located east of S.W. 4th Avenue, between S.W. 7th Street and S.W. 8th Street. This was approved by a unanimous vote of the Planning and Zoning Board. 22. Site and Development Plan Approval - Venetian Village. Council is to consider site and development plan approval for Venetian Village, a proposed 14 unit multiple family development, located at the northeast corner of Venetian Drive and Miramar Drive. Approval is recommended subject to the following conditions: (1) Assistant City Engineer's memorandum of January 11, 1983. (2) Director of Public Utilities' memorandum of January 12, 1983. (3) City Horticulturist's memorandum of January 12, 1983. (4) That the development of this property be in accordance with the approved site and development plans re: Venetian Village, Delray Beach, Florida, prepared by Randall Stofft Design Group, 260 N.W. 19th Street, Boca Raton, FL, Sheet Nos. 1, 3, and 4 dated January 6, 1983; and prepared by Olsak and Associates, Inc., Consulting Engineers, 308 Greymon Drive, West Palm Beach, FL 33405, Sheet No. 2 dated December 1, 1982; and prepared by Environmental Concepts, Inc., James M. Towery, Landscape Architect, 4478 Walden Circle, Lake Worth, FL 33463, Sheet No. 5 dated January 6, 1983; all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval; and, (5) That development be completed within eighteen (18) months. 23. Manhole Replacement - Flame Vine Avenue and Pansy Lane. Council is to consider authorizing award of a contract to the low bid- der, Lyons Martin Construction, in the amount of $9,250 for manhole replacement, with funds to come from the 1982-83 Utilities Budget. Approval is recommended subject to the City Attorney's approval of bid bond and insurance requirements. 24. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of January 13, 1983. Council is to consider ratification of the following action authorized by the SCRWTD Board on January 13, 1983: The hiring of Russell & Axon, En'gineers, to provide consulting services regarding the Pines of Delray North litigation. The payment of all costs relating to the Pines of Delray North litigation. The assessment of such costs relating to the Pines of Delray North litigation to be made equally on a 50/50 basis to the Cities of Delray Beach and Boynton Beach. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. 25. Lease for City Attorney's Office. Council is to consider extension of the lease from May 31, 1983 to September 30, 1983 for the City Attorney's office. Approval is recommended. 26. Fuel and Motor Oil for the City. Council is to consider award of a contract to the low bidder for motor oil, Belcher Oil Com- pany, in the amount of $2.54 per gallon and to the low bidder for fuel to Gulf Motor Oil: premium unleaded, $1.02 per gallon; regular, $.935 per gallon; and diesel, $1.012 per gallon, with funds to come from the 1982-83 budget. Approval is recommended. - 9 - 01/25/83 27. Fire-Damaged Structure - Delray Beach Country Club. Council is to consider award of a contract to the low bidder, Shaw Trucking, Inc., in the amount of $3,195 to demolish and remove a fire-damaged CBS structure at the Delray Beach Country Club, with funds to come from the insurance settlement. Approval is recommended. 28. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 1-83, accepting sanitary sewers and water utilities as operational as recorded in the plan of Rainberry Bay, Section 5A, is before Council for consideration. The caption of Resolution No. 1-83 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 5A, AS RECORDED IN PLAT BOOK 45, PAGE 14 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 RESOLU- TION SHALL NOT DISHCARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 1-83 is on file in the official Resolution Book) 29. Site and Development Plan ApDroval - Lake Delra¥ Apartments. Council is to consider site and development plan approval for Lake Delray Apartments, located at the northwest corner of Lindell Boulevard and Audubon Boulevard. This was approved by a unanimous vote of the Planning and Zoning Board. 30. Beach Cabana Contract. It is recommended that Council authorize advertising for bids. Mr. Jackel moved for approval of the Consent Agenda with the exception of Item 19 and with the modification to Item 23 as explained by the City Manager, seconded by Mr. Blair. Said motion passed unani- mously. REGULAR AGENDA 31. Highland Beach Sewer A~reement. The City Attorney reported that yesterday afternoon there was a meeting between himself, Mr. Carl- son, Mr. Huddleston and Tom Sliney, Town Attorney for Highland Beach. They discussed a breakdown of the figures from the May Zima report which is the basis of their current rate structure. Despite what was reported recently, there was no offer of settlement or compromise made; however, some items were placed on the floor for discussion, one of which was that they would redo the figures that they sent to them for the purposes of discussion. Secondly, they also told them that they would be willing to discuss a yearly breakdown of the figures so that the City's current rate structure would be applied to Highland Beach the way it now exists and that at the end of the fiscal year, in October of each year, they would be willing to look at the figures based upon their actual flow as registered through the meter compared to their actual high capactity flow. He presented to Mr. Sliney the fact that Council has definitively said that they expected to receive the full amount due under the prior billing; he also told him they expected that the Town of Highland Beach would pay interest on the money they had not yet received. He and Mr. Sliney both agreed they should modify the amendment to the prior agree- ment so that this confusion won't come up again. He advised Mr. Sliney that, unless City Council deemed otherwise, he would impose a two-week deadline on Highland Beach's consideration so that this matter could be placed on the regular agenda for February 8th. - 10 - 01/25/83 Mr. Bird proposed a new contract for the Town of Highland Beach so that Highland Beach will be charged rates per unit dweller which are equivalent to the rates charged by Delray Beach to its own citizens. He feels they should make the new agreement as simple and as easy to understand as possible and allow for it to be modified at such time as they modify the rates they charge their own citizens. Mr. Bird moved that the City Attorney be directed to present to Highland Beach for consideration a much simplified, up-to-date 1983 version of the contract and try to get away from any further discussion of the alleged inequities in the old contract, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Upon comment by Mr. Perry, the City Attorney advised that they told Highland Beach they were giving them a break by not imposing the 25% surcharge which they could legally impose on them if they wished. Mayor Young advised that Mayor Horton called him this after- noon to say that he appreciated Mr. Thiele and Mr. Huddleston's coming down to go over this matter and Mayor Horton assured him that he felt they could reach some agreement on it. At this point the roll was called to the motion. 32. Lease and Contract - Transfer Station. Council is to con- sider authorizing execution of a lease and contract between the City and Palm Beach Solid Waste Authority relative to the Transfer Station. The City Manager advised that Council has been provided with what they expect to be the final lease. He pointed out that the one figure they were waiting for is $18.50 per ton. He further stated that as current owners and operators of the Transfer Station, they are all aware that they are faced with very large capital expenditures just to keep it in operation. The Solid Waste Authority has proposed to not only upgrade it from an operational point of view but also to make some very significant aesthetic improvements. Mr. Tim Hunt, Solid Waste Authority, made a presentation. He pointed out that the $18.50 in the contract is an upper limit for the rest of this fiscal year and that there is a portion of the $18.50 that gets returned to the City as part of a host fee for the privilege of having the facility. He explained that the ultimate objective of the Solid Waste Authority and the County Commission is to see the fees lowered for people who don't live in close proximity to final disposal facilities. It is his understanding from County staff that the contract that would arrange the normalization of fees across the County should be forthcoming in the next 30 to 60 days. If that is the case, anybody using the transfer station will see their rates drop, possibly by as much as $4.00 per ton. Mr. Blair asked Mr. Hunt how soon they would be doing the renovations. Mr. Hunt explained that their time schedule for selling bonds is sometime between the end of March and the end of May. This time schedule is also keyed to the contract with the County. The basic contract is where the County will turn over its landfill operations to the Solid Waste Authority and, therefore, establish a revenue stream in order to pay for the bonds which will build and renovate the transfer stations. Mr. Bird moved for approval of the lease and contract with the Solid Waste Authority, seconded by Mr. Blair. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 8:05 P.M. Cl'erk - 11 - 01/25/83 AT~EST: M A Y O R The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meetlng of said City Council of January 25, 1983, which minutes were formally approved and adopted by the City Council on .~. ~/ /~3 - 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. - 12 - 01/25/83