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02-22-83 FEBRUARY 22, 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, February 22, 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 Assistant City Attorney Richard Carlson, Jr. 2. The opening prayer was delivered by Reverend Tim Fangmeier, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Blair moved for approval of the minutes of the regular meeting of February 8, 1983 and special meetings of January 26, 1983 and February 1, 1983, seconded by Mr. Bird. Said motion passed unanimously. 5.a.1. Mr. Robert Stump, Coalition For Good Government, questioned the legality of prior Council action in approving the construction of a six story building on the property site located on Linton Boulevard, adjacent to the Intracoastal Waterway. In this case, the developer dropped his original plan to build a condominium and now wants to build a profit center life care development with a nursing home facility on the ground. This is in conflict with a City Code that expressly pro- hibits permitting a developer to transfer an exception to a City Code from one project to another and he questions whether this is legal and whether it is establishing a dangerous precedent. He asked for a legal opinion from the City Attorney. 5.a.2. Mr. Stump referred to the proposed PCC (Planned Commerce Center) District which was before the Planning and Zoning Board at its meeting yesterday and which is coming before Council tonight for ap- proval. He noted that since some of the parcels being considered for development under PCC lie adjacent to residences, they are concerned about its environmental impact in the absence of adequate upkeep and maintenance. Mr. Bird stated that the PCC plan will be addressed later in the meeting and that will be the time for public input. 5.a.3. Mrs. Angela Mudaro, 3401 Lakeview Boulevard, representing residents of Lakevie~; subdivision, spoke in opposition of a large recre- ational vehicle which is stored between two homes in her area; she distributed photographs to Council. She noted that the owner has had this vehicle for three years and had been storing it in a storage yard until just recently. This vehicle is 33 feet long, 11 feet high and weighs 14,000 pounds and is covered with a two foot hedge which just barely screens the tires. They want the term "effectively screened" to be meaningful and feel that should include the view from the street, and that there should be a limitation on the size of any vehicle or boat that may be stored in a residential area. She requested that the City look into this situation. Mr. Bird stated that it would be his intention to remand the suggested changes to the Planning and Zoning Board for their input and for public hearing. Regarding the specific nuisance, he would contend that staff was incorrect in approving it and suggested they look into setting a minimum height for screening materials, recognizing that hedges will grow. Mrs. Mudaro pointed out that the real problem is the size of the vehicle, not really the hedge. Mr. Bird stated that the only question they can review against their ordinances tonight is whether or not it has met the re- quirement; he would contend that it has not. The Assistant City Attor- ney advised that the Code reads "six feet or to such extent as required to screen the vehicle". Mr. Blair stated that he recalls this issue being brought up about three years ago, at which time that language was brought in; evi- dently it has not been followed through. Mr. Bird felt that staff will have to cite for failure to comply. Mr. Bird moved to remand the question to the Planning and Zoning Board and ask for their input as to the suggested changes, and ask that Lakeview residents, through their Homeowners Association, make their petition to the Board, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Upon question by Mr. Perry, Mrs. Mudaro advised that she called the company for the dimensions of the vehicle. She also noted that in the Code any truck over 3/4 ton is not permitted to park in a residential area so why should a 7 ton motor home be permitted. Mr. Perry agreed with Mrs. Mudaro's concerns and stated that he feels there is confusion with the wording in the ordinance. He would like to see the City Attorney, as well as the Planning and Zoning Board, look into this issue. Mr. Roger Saberson, 761 Place Chateau, stated that staff construed this to be a recreational vehicle and, in his opinion, it should have been construed as a trailer coach, under definition ~4 on Page 111. Further, there's a provision on screening on Page 113 that, in his opinion, indicates an intention that the highest a vehicle could be, in any event, would be ten feet. At this point the roll was called to the motion. Mayor Young declared a recess, the time being 7:26 P.M. The meeting reconvened at 7:30 P.M. 5.a.4. Mr. Jack Kellerman, 1382-D High Point Way, representing High Point residents, read a letter which they sent to the Palm Beach County Commission last week objecting to a proposed subsidized rental project for low and middle income families called Le Village De Provence on North Drive and High Point Boulevard. Mr. Kellerman asked Council how this was allowed to happen and what they will do to help prevent this downgrading of their community. Upon question by Mr. Perry, Mr. McDaniel, Planning Director, advised that there was a request for site and development plan approval for a 60 unit multiple family project located just north of High Point, between High Point and Delray Shores. The zoning there is RM-6 and this would not change it. He further advised that this is not being done through County staff; it's being done by the Palm Beach County Housing Authority which is a semi-independent entity of the County. Mr. Perry stated that he feels there is a problem with communication. Mr. Bird noted that this project was brought forth in conformance with existing zoning so the County Housing Authority has no requirement to notify abutting property owners or have a public hearing. Upon question by Mr. Bird, Mr. McDaniel advised that the site plan has already been approved and as far as he knows there is no further process that it needs to go through. He added that if they want to construct, they will have to get a building permit. Mr. Bird suggested that they ask staff to review the appli- cable regulations and see if there is a requirement for some sort of public hearing, and if so, what the notification requirements are, and see if somebody can identify that indeed those were done. If not, he feels it should start through the process again. The question is how can they become notified that this kind of thing is going to occur if - 2 - 02/22/83 there is no requirement for public notice, unless they change their ordinances to require some additional information which they are obvi- ously not getting now. Council members noted that there is nothing to stop this from happening again in the City. Mr. Gerald Philippi, High Point, asked if they could be stopped when they apply for a building permit. Mr. Bird replied that he is not sure if they can legally do that; they will need to have some legal research done. Mr. Phillippi noted that Mr. McDaniel said the Housing Authority is a semi-independent entity of the County and asked if some pressure can be put on the County Commission. Mayor Young asked the Administration to try and get an answer to this as fast as possible. Upon question by Mr. Sam Schwimer, Council advised that the development is being financed by a County bond issue. 5.a.5. Mrs. Elizabeth Matthews, 1024 White Drive, requested that Item 12 of the Consent Agenda be moved to the regular agenda for discus- sion and asked how it came to be on the Consent Agenda. She noted that her copy of the City Code says that upon receipt of any report and recommendation relative to conditional use, the City Council at a regu- lar meeting shall review the application subject to the standards .... Her question is how can the City Council review the application at a regular meeting when it is on the Consent Agenda. 5.a.6. Mrs. Alice Finst, Homeowners League of Chatelaine, supported Mr. Kellerman's and Mr. Phillippi's comments regarding the low and middle income rental project and also supported the statements made by Lakeview residents regarding screening of vehicles. She advised that the Homeowners League of Chatelaine would like to participate in this ordinance change to prohibit storage being open on the street side. 5.a.7. Mrs. Finst stated that they feel there is a problem with the way code enforcement is being handled in that the Code Enforcement Officer is on loan from the Police Department at their discretion. They feel it would be appropriate for Council to hire a full time Code En- forcement Officer. They would also like to see action taken to get a full time Chief Building Official. Upon question by Mr. Perry, the City Manager advised that the plan they have discussed at workshop in context with the garbage contract is that when they have the private contract operation started, they would transfer two people into the code enforcement function. One person would be the Chief of Code Enforcement and the other would be a full time Code Enforcement Officer. It was the consensus of Council to support this plan. Mr. Blair advised that also they have the full support of the Clean Community System. Upon question by Mr. Bird regarding a Chief Building Offi- cial, the City Manager advised that their ads have appeared with a cut off date of March 1st. He feels they will be able to do the inter- viewing and get somebody on board shortly after that. Mr. Perry referred to a situation at the corner of Roosevelt and Lake Ida Road. He noted that several weeks ago, Mrs. Finst indi- cated to them that the cleanup process was taking much too long and he feels Council should look into changing it. Mr. Jackel felt the City Manager should investigate this matter carefully and try to make the most efficient use he can of the officers they have presently. 5.a.8. Mr. Bill Nix, Internal Audit Committee (IAC), reported that the Committee has had concerns regarding timely and effective communi- cation with Council. The Committee has suggested that a Council Member be designated as an interface; that person could assist them in under- standing the mission and objectives of the items they are asked to look into. They believe they can, through that person, feed back to Council the feeling they are trying to communicate and that person could help to - 3 - 02/22/83 assist them as they try to entertain the issues they look at. They are requesting that Council consider appointing a Council Member to meet with IAC on a regular basis as they feel it would be a great help in improving the communication flow. Mr. Perry volunteered for the position. Mr. Jackel stated he feels this item requires a little more thought and discussion and suggested it be brought up again at their next workshop meeting. Council concurred. 5.b.1. Mr. Jackel stated that about ten days ago an article ap- peared in the newspaper regarding bottle clubs; the paper made some quotes from him. The article went on further and though they were not quoting him, if the article was read carelessly, it might look like they were. The newspapers comments read: "though opposition to the bottle club ban has been minimal, some black residents do feel that the pro- posed ordinance could be used to stifle alcohol consumption at private parties held in places like the VFW Hall, 94141, S.E. 2nd Avenue." Mr. Jackel stated that this was not a quotation of his; the newspaper ap- parently made an error because the VFW Hall was not in question at all during that discussion. He requested that newspaper, the Palm Beach Post, print a correction. Mr. Bird noted that the VFW Post does have a liquor license which they have paid for. Skip Dirandi, Post Commander of 4141, stated that they would appreciate if the newspaper would retract that from their paper and make a correction on their behalf. 5.a.1. Mr. Bird noted that they did not take any action on the request by Mr. Stump. Mr. Bird proposed that they direct the City Attorney to provide the information that Mr. Stump requested to the Planning and Zoning Board. He noted that the project which Mr. Stump alluded to has been tabled to next month's formal meeting. Mr. Bird further stated that since this seems to be a legal issue, it might be appropriate if a written position by Council is sent to Planning and Zoning and read in that chamber at that public hearing. Perhaps, that would take care of the concerns of people like Mr. Stump with regard to legality. 5.c.1. The Assistant City Attorney reported that the bond valida- tion hearing was held today and all indications are that it will go through. They were no legal objections by the State Attorney's Office at the hearing; however, counsel for the State Attorney did want to go over their proposed order and register any objections by 9:00 AM tomor- row morning, if she had any. 5.c.2. The Assistant City Attorney reported that City Attorney Thiele is at the legislative delegation meeting tonight. 5.d.1. The City Manager stated that because there is a meeting of the SC~TD Board scheduled for Thursday at 5:30 P.M., he suggests that they move their workshop from 4:00 P.M. to 3:30 P.M. That workshop is on the subject of their Utilities Department operations and plans for the future. It was the consensus of Council to schedule that workshop for 3:30 P.M. 5.d.2. The City Manager reported that Council has been provided with an addendum to the agenda with two additional items, one being ratification of the sludge handling contract, and the other being a discussion of letters they have received regarding the Highland Beach sewer matter. 5.b.3. Mayor Young presented and read a proclamation proclaiming February 26, 1983 as "Alpha Kappa Alpha Sorority Day". Mrs. Pompey came forward to accept the proclamation and thanked the City Council. - 4 - 02/22/83 6. Mr. Bird moved for agenda approval, with Item 12 moved to the regular agenda and with the additions of Items A1 and A2 at the end of the agenda, seconded by Mr. Jackel. Said motion passed unanimously. PUBLIC HEARING 7. Ordinance No. 13-83 - Zoning Ordinance Amendment - Gasoline Stations. Ordinance No. 13-83, amending Chapter 9 "Buildings and Con- struction'' of the Code of Ordinances to increase the width of curb cuts permitted for gasoline stations from 24 feet to 35 feet, 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. 13-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE X "LANDSCAPING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-374(f), "ACCESSWAYS", TO REQUIRE THAT ACCESSWAYS FOR GASOLINE STATIONS SHALL BE GOVERNED BY SEC. 30-17(O)(13) OF THE ZONING CODE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 13-83 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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 City Manager pointed out for clarification that in opposition of what it states on the agenda, this is an amendment to Chapter 9 "Buildings and Construction", not Chapter 30 "Zoning". The public hearing was closed. Mr. Jackel moved for adoption of Ordinance No. 13-83 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. CONSENT AGENDA 8. Request for Solicitation of Funds - Trinity Council #4839 Knights of Columbus, Boynton Beach, Delra¥ Beach. A request has been received for solicitation of funds from March 4 through March 5, 1983. Approval is recommended. 9. Homewood Boulevard Realignment. Council is to consider Change Order No. 1 decreasing the contract price by Hardrives, Inc., in the amount of $4,809.10 for a total net price of $64,741, due to con- trator's using less material than originally estimated. This change order increases the number of days for completion of contract because of numerous rain days and time required for the Parks & Recreation Depart- ment to remove trees in the median strip on Atlantic Avenue. Approval is recommended. 10. Nuisance Abatement. Resolution No. 12-83, assessing costs for abating a nuisance in accordance with Sections 13-12 and 13-13 on Lots 595 through 599, Tropic Palms Plat ~2 (Cardinal Drive), is before Council for consideration. - 5 - 02/22/83 The caption of Resolution No. 12-83 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. 12-83 is on file in the official Resolution Book) 11. Withdrawal of Boca Raton from Southeastern Palm Beach County Hospital District. Council is to consider authorizing and ratifying direction to Mayor to send letter to the Legislative Delegation opposing the withdrawal. Mr. Bird moved for approval of the Consent Agenda with the exception of Item 12, seconded by Mr. Blair. Said motion passed unani- mously. REGULAR AGENDA 12. Conditional Use, and Site and Development Plan Approval - Ocean Gate. Council is to consider approval of conditional use, site and development plan for Ocean Gate, located east of A1A, between Linton Boulevard, if extended east and the southern corporate limits of the City. The Planning and Zoning Board approved this by a unanimous vote subject to the following conditions: (1) City Engineer's memorandum of July 14, 1982; (2) That no more than a three to four foot differential be permitted between the first floor elevation of the east- ern structure and the first floor elevation of the beach house; (3) That the eighteen surplus parking spaces shown above ground be reserved solely for the use of Bermuda High Beach and Tennis Club members; (4) That membership in the Bermuda High Beach and Tennis Club be restricted to the residents of Ocean Gate, Bermuda High %~est, and founder members of Bermuda High West; (5) That the development of the property is to be in accord- ance with the approved site and development plans re: Ocean Gate, Delray Beach, Florida, prepared by Johnston Associates, Architects/Planners, 211 Phipps Plaza, Palm Beach, FL 33480; Sheet No. 1 dated November 16, 1981, revised July 7, 1982; Sheet No. 2 dated June 1, 1982, revised February 17, 1983; Sheet No. 3 dated July 6, 1982, revised February 17, 1983; Sheet No. 4 dated June 7, 1982; Sheet No. 5 dated June 1, 1982; Sheet No. 6 dated June 1, 1982; and prepared by Mangus Nursery and Landscape Co., Inc., 5472 Steiner Road, Boynton Beach, Florida; Sheet No. 1 dated February 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 (6) That development of the project be completed within eighteen (18) months. Mrs. Matthews stated that this appears to be a beach and tennis club for the use of residents of Ocean Gate, as well as and limited to residents and founders of Bermuda High West. She is con- cerned that this club could create a traffic problem and is also con- cerned about the concept of limited membership. She asked if the City has any controls, legally or otherwise, if this club were to expand its membership. - 6 - 02/22/83 The Assistant City Attorney advised that if they brought in members other than those listed, they would be in noncompliance with their conditional use approval. He believes the City could then revoke it but he would like to look into it further. Mr. Bird moved that Item 12 be taken to next week's workshop meeting and brought back to a regular agenda two weeks hence after their legal staff has had an opportunity to research the point Mrs. Matthews brought up, seconded by Mr. Blair. Said motion passed unanimously. 13. Kennelly Rezoning and Land Use Plan Amendment Request. The Planning and Zoning Board recommended by a 4 to 1 vote (Carey dissent- ing) that the request be denied. Mr. Chapin, attorney for the applicant, made a presentation in support of Mr. Kennelly's rezoning request. He referred to the Code of Ordinances, Standards For Evaluating Rezoning Requests, Chapter 30 and outlined the 17 questions City Council must ask of itself in con- sidering this request. Mr. Chapin stated that he is aware that Council Members, in granting Mr. Spinner's request in 1979, apparently reached an agreement with the residents in Delray Beach Shores that Council would not rezone the lots on the north side of Del Haven Drive. He is also aware that when Council, in the Fall of 1979, granted an exception for the corner lot, that Council Members considered that a logical exception. He urges Council to approve Mr. Kennelly's request. He also asks, in approving or denying the request, that Council be kind enough to explain its vote. Mrs. Matthews, Delray Beach Shores, stated that back in 1979 Mr. Spinner voluntarily withdrew his request for rezoning. She also noted that the one thing which has not been mentioned is the finger canal which, she believes, is the key to the issue. Statements were given to Council at last week's workshop meeting. The testimony of the people who live there was that it would seriously affect the quality of life from their homes. None of the RM-6 zoning is on the finger canal which is really what the argument has been about. Mr. Bird moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Perry. Said motion passed unani- mously. Before roll call the following discussion was had: Mr. Bird stated that he too has read the ordinances with a specific reference to 30-23(D), Standards For Evaluating Rezoning Requests, and he finds a lack of compelling reasons to grant the rezoning request. He speci- fically pointed out remarks made earlier: is it impossible to find adequate sites elsewhere, will they be changing the character of that neighborhood and do they need to do it. Mr. Bird added that there are other questions that can be argued; even Mr. Chapin, in his remarks, agreed that probably there were some that could be viewed either way. He views them somewhat differently than Mr. Chapin and he does not find, on balance, the request conforms with the standards, and therefore, he is supporting the Planning and Zoning Board's recommendation. Mr. Perry concurred with Mr. Bird's remarks. At this point the roll was called to the motion. 14. St. Patrick's Day Parade. Council is to consider (a) recon- sidering action scheduling St. Patrick's Day Parade at 11 a.m., March 12th and (b) scheduling St. Patrick's Day Parade at 2 p.m., March 12th. Mr. Jackel moved to reconsider action scheduling the St. Patrick's Day Parade at 11 a.m., March 12th, seconded by Mr. Bird. Said motion passed unanimously. Mr. Jackel moved to schedule the St. Patrick's Day Parade at 2 p.m., March 12th, seconded by Mr. Perry. - 7 - 02/22/83 Mr. Jackel asked Mr. Blair to explain what precautions have been taken to protect the public. Mr. Blair advised that the Parade Committee plans to have approximately 50 marshalls, private citizens who would help to control the crowds and keep the parade orderly. They are also going to do some barricading on Atlantic Avenue in areas specified by the Chief of Police to keep the crowds out of the street and to block off traffic. Upon question by Mr. Bird, Mr. Blair explained the areas which the committee felt should be barricaded. He added that this will be coming up again next week and Mr. Bird will have a chance to give input on it. Mr. Bird suggested that the motion be amended to require that this issue be revisited by Council no later than thirty days fol- lowing the parade, at which time they will establish a starting time for next year's parade, seconded by Mr. Perry. Said motion passed unani- mously. 15. Tamiami Tile Si~n Violation Matter. Council is to consider a motion to remove stay of prosecution and decline modifications to subject Sign Code provisions. Ms. Marty Hurley, Tamiami Tile, stated that because the FP&L property which comes between the back of their building and the street is vacant, they feel, technically, the back of their building could be considered to abut 10th Street. This would make their sign legal after the purchasing of a permit. She added that 10th Street must be travel- led by anyone coming to Tamiami Tile and they do need to be found. Mr. Jackel moved to remove stay of prosecution and decline any modifications to the Code as requested, seconded by Mr. Bird. Said motion passed unanimously. Before roll call, Mr. Perry stated that he feels the sug- gestion made by the applicant is a reasonable one which they should give consideration to; however, he will go along with the motion at this time. Mr. Jackel disagreed and noted that the business in question is required to comply with the Code. At this point the roll was called to the motion. The Assistant City Attorney advised that according to the ordinances, Council has to provide specific direction to the Administra- tion regarding enforcement of this. Mr. Bird moved to remand this to the Code Enforcement Board, seconded by Mr. Blair. Said motion passed unanimously. 16. Easement for Lift Station 50. Council is to consider grant- ing a 10-foot easement to Florida Power & Light for Lift Station 50 on Lowson Boulevard at the E-4 Canal to provide service to the City faci- lity. Mr. Bird moved to authorize the granting of an easement, seconded by Mr. Jackel. Said motion passed unanimously. 17. Easement for Lift Station 80. Council is to consider grant- ing an easement to Florida Power & Light for Lift Station 80 located on Lake Ida Road at N.W. 37th Avenue to provide service to the City faci- lity. Mr. Bird moved to authorize granting of an easement, sec- onded by Mr. Jackel. Said motion passed unanimously. 18. Easement for new Public Works Complex. Council is to con- sider granting an easement to Florida Power & Light at the new Public %~rks Complex to provide service to the City facility. Mr. Bird moved to authorize granting an easement, seconded by Mr. Blair. Said motion passed unanimously. - 8 - 02/22/83 19. Ordinance No. 3-83 - Zoning Ordinance Amendment - Planned Commerce Center District. Ordinance No. 3-83, amending Chapter 30 "Zoning" of the Code of Ordinances relative to creating a new zoning district to be known as PCC (Planned Commerce Center), is before Council for consideration on First Reading. This ordinance has been modified in accordance with Council instructions. The City Manager presented Ordinance No. 3-83: 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 ENACTING A NEW SECTION 30-15.2, CREATING A NEW ZONING DISTRICT TO BE KNOWN AS PCC (PLANNED COMMERCE CENTER) DISTRICT; AMENDING SECTION 30-2(C) "ESTABLISHMENT OF ZONING DISTRICTS" TO INCLUDE THE NEW PCC DISTRICT; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- nance. Mr. Blair moved for adoption of Ordinance No. 3-83 on First Reading, seconded by Mr. Jackel. Mr. Bird stated he would like to amend the ordinance, Para- graph N(4) to show, in addition to the changes already made, a change to a lesser acreage. He proposed that four acres would be adequate under the circumstances as described in that section of the ordinance. He added that they are only talking about those areas already surrounded by commercial and/or industrial. This change would make little difference except to provide a Planning and Zoning tool that does not exist cur- rently. Mr. Bird clarified that according to his proposal, they would retain ten acres throughout the entire ordinance with the excep- tion of the areas addressed in N(4) which addresses only areas where PCC would be, in fact, in an existing commercial area or surrounded by a combination of commercial and already existing industrial. Council Members supported the proposal. Mr. Perry moved to amend the motion to include Mr. Bird's proposal, seconded by Mr. Bird. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 20. Ordinance No. 16-83 - Changing the City's Land Use Plan Designation. Ordinance No. 16-83, relative to changing the City's Land Use Plan designation in the Comprehensive Plan for Lot 1, Tropic Gar- dens, located at the northwest corner of Federal Highway and Lindell Boulevard from MF-10 (Multiple Family - 10 units per acre) to C (Com- mercial), is before Council for consideration on First Reading. The City Manager presented Ordinance No. 16-83: 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 LOT 1 LESS THE WEST 75 FEET THEREOF, TROPIC GARDENS, AS RECORDED IN PLAT BOOK 29, PAGE 121 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-10 MULTIPLE FAMILY (10 UNITS PER ACRE) TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- nance. Mr. Perry moved for the adoption of Ordinance No. 16-83 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. - 9 - 02/22/83 21. Ordinance No. 17-83 - Hedman Rezonin~. Ordinance No. 17-83, relative to rezoning and placing a 0.46-acre parcel which is presently zoned RM-10 (Multiple Family Dwelling) District in SC (Specialized Commercial), is before Council for consideration on First Reading. This parcel is located at the northwest corner of Federal Highway and Lindell Boulevard. The City Manager presented Ordinance No. 17-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED nM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECIAL- IZED COMMERCIAL) DISTRICT, LOT 1 LESS THE WEST 75 FEET THEREOF, TROPIC GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 29, PAGE 121, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHWEST CORNER OF FEDERAL HIGHWAY AND LINDELL BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The Assistant City Attorney read the caption of the ordi- nance. Mr. Blair moved for the adoption of Ordinance No. 17-83 on First 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. 22. Ordinance No. 18-83 - V.S.H. Realty Annexation. Ordinance No. 18-83, relative to annexing a 0.3-acre parcel of land located east of N.E. 2nd Avenue (Seacrest Boulevard) between N.E. 22nd Street and Atlantic High School, subject to NC (Neighborhood Commercial) District is before Council for consideration on First Reading. The City Manager presented Ordinance No. 18-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH,A PARCEL OF LAND LOCATED IN SECTION 4, 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. The Assistant City Attorney read the caption of the ordi- nance. Mr. Bird moved for adoption of Ordinance No. 18-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 23. Landscape Maintenance Contracts. Council is to consider contracting for landscape maintenance for City property. Mr. Bird moved to bring this item to workshop, seconded by Mr. Blair. Said motion passed unanimously. 24. Garbage Contract. Council is to consider approving the draft garbage contract and advertising for bids. The City Manager advised that the modifications Council discussed at workshop have been drafted by the City Attorney. The only modification which Council has not already discussed is on Page 33; that is where they inserted the appraised value of equipment, $660,000, $450,000 for the rolling stock and $210,000 for the containers. Upon question by Mr. Jackel, the City Manager advised that the rolling stock was appraised by the equipment suppliers and the con- tainers were estimated by their own staff's experience and some contacts with other cities and container manufacturers. - 10 - 02/22/83 Mr. Marty Ruddington, 642 Ibis Drive, stated that if they are going to use garbage carts, they should look into what the main- tenance is going to cost. Last week the lid, which is only held on with small rivets, came off of his container. The City was very gracious in coming down and repairing it for him; however, today when they picked up his garbage, the lid came off again. Mr. Sam Schwimer, Pines of Delray, stated that they are interested primarily in two things: (1) keeping the price down; and (2) they want to get collection three times a week. Mrs. Matthews noted that at the workshop on this subject, it was stated that the City would be disposing of all of its equipment and that the contractor would have to pick up anything dumped in the City. She suggested that City Council consider retaining one piece of equip- ment for picking up those materials that get dumped anywhere. It may be the City's responsibility in the same sense that sweeping the streets is. Mr. Bird moved to approve the draft garbage contract and advertise for bids, seconded by Mr. Jackel. Said motion passed unani- mously. Before roll call, upon question by Mr. Blair, the City Manager advised that this does include picking up garbage along the beach. Mr. Perry stated that he will vote in favor of this but he is still uncomfortable. He is not certain that a contractor would do the job as well as the City presently does. At this point the roll was called to the motion. The City Manager reported that, after consultation with the contractors, he believes that what Council intends for him to do would be to advertise and within the next two weeks be in a position to have a pre-bid conference with staff and contractors. Then, thirty days after the pre-bid conference they would expect to receive bids. 25... Pines of Delray North Condominium Association, Inc. vs South Central Regional Wastewater Treatment and Disposal Board. Council is to consider authorizing execution of stipulations relative to 90 day start up period and crossclaims. Mr. Bird moved to authorize execution of stipulations rela- tive to 90 day start up period and crossclaims, seconded by Mr. Jackel. Said motion passed unanimously. Al. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of February 17th. Council is to consider ratification of sludge handling contract between the SCRWTD Board and HES Transport, Inc. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. Mr. Jackel moved to ratify the action of the Board, seconded by Mr. Blair. Said motion passed unanimously. Before roll call, the City Manager advised that Mr. Feder- spiel called this afternoon and asked that Council's action be subject to the confirmation of the rather complex formula that they have. Mr. Jackel advised that the motion includes that confirmation. At this point the roll was called to the motion. A2. Discussion of Request for Information Concerning Development of Wastewater Rates Charged to the Town of Highland Beach. The City Manager reported that Council has received a copy of a letter from Camp Dresser & McKee (CDM) written to them on behalf of the Town of Highland Beach. In addition, Council also has a copy of a letter from Thomas Sliney, City Attorney of Highland Beach. - 11 - 02/22/83 The City Manager advised that for City staff to bring to- gether the kind of information which is requested by CDM would be ex- tremely time-consuming and burdensome. In some cases, the information requested is simply not available. Because of that and because Council has agreed to a March 1st deadline, he is asking for Council's direction as to how they want to proceed in responding to that. Upon question by Mr. Perry regarding litigation, the Assist- ant City Attorney advised that the letter from CDM is relevant and would be admitted into evidence. Secondly, although Highland Beach has the burden to prove that the rates are unreasonable, it is their burden and Delray Beach does not have to provide them with specific justifications; however, they would appear in better light to the court if they did attempt to comply with a reasonable request. Mr. Bird questioned wheth- er or not this is a reasonable request. The Assistant City Attorney replied that is a policy decision Council will have to make. Mr. Jackel suggested that they adhere to the March 1st deadline and tell Highland Beach to comply by then; however, also tell them they would be happy to supply them with additional information at some time in the future. Mr. Bird noted that some of the information requested is clearly a matter of public record and questioned whether Highland Beach should get the information on its own. He added that if they have a reasonable re- quest, he would be happy to direct staff to comply with it; however, this looks more like harassment than a request for information. Mr. Jackel concurred and added that this looks like a delaying action on their part and he sees no purpose to it. The City Manager suggested they reply that much of the information requested is in the City's public records, which Highland Beach has access to like anyone else, and that information which is not in the public records, is simply not available to anyone. Mr. Bird stated he feels that if there are items which are easily obtainable and would not necessarily be a part of public record, that they should supply them, but as for the inordinate ones, they should respectfully decline. Council concurred. Mr. Bird stated that he feels the City Manager understands the wishes of Council and, therefore, it is not necessary to put it in the form of a motion. Mayor Young declared the meeting adjourned at 9:15 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 February 22, 1983 which minutes were formally approved and adopted by the City Council on ~ ~? /F~-F. yCity 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 - 02/22/83