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03-22-83 MARCH 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 7:06 P.M., Tuesday, March 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 City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Roy Forward, Ch'ristian Missionary Alliance. 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 March 8, 1983 and the Special Meeting of March 2, 1983, sec- onded by Mr. Perry. Said motion passed unanimously. 5.a. There were no citizen comments on non-agenda items. 5.b.1. Mr. Perry advised that after considering their recent deci- sion to ask the Internal Audit Committee (IAC) to conduct a personnel and wage scale study, he has concluded that any further efforts in that direction would be without purpose. Given the constraints of time parameters, lack of available personnel, and consideration of other studies which the Committee has agreed to pursue, he feels the Committee can best serve the City by approaching those studies without additional burdens placed upon it. Mr. Perry moved that Council reconsider and rescind its request to the Internal Audit Committee on March 8th to conduct a wage scale and personnel study, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Bird advised that after giving this consideration, he feels that their greatest need in the immediate future is to have a meaningful financial indicator system which would permit them to reflect upon the functioning of their government to insure that their dollars are being spent in an appropriate manner. He feels that this year the IAC should expend its energies in pursuing that endeavor, and, for that reason, he will support Mr. Perry's motion. Mr. Jackel advised that as far as he knows, the Committee is enthusiastic about conducting this study and he noted that there is no time element attached to the financial indicator study IAC is pursuing. He feels that the personnel and wage scale study is really part of the analysis of the budget which must be undertaken by the IAC as part of their work and he maintains that this is a very important ~project, more important than anything else before the Committee at this time. Mr. Bird advised that there is complexity in deciding such things as working conditions, as staff is currently in temporary quar- ters. Appropriateness of job descriptions and staff productivity is an area Council will have to address itself to in the near future. Mr. Jackel noted that the motion they passed was on a draft and everyone understood that it would be submitted to the IAC for their review. The IAC implied to him that they would have to rework the out- line so that it would have meaning for Council when it studied the budget. Now Council will go into budget session without knowing much more than they know now about their personnel, which takes up half the budget. He strongly suggests they go forward with this study and have the IAC come before Council to explain what portions of the study they can do and he feels that they are premature in rejecting the idea at this moment. Mr. Blair stated that if IAC would rather not conduct the study at this time, he would have to go along with them. Mayor Young stated that he is in favor of the request made by Mr. Jackel as he feels Council does need this input. He has spoken to Mrs. Ritchason, Personnel Director, and in view of the fact that she is going to present much of this information to Council at their work- shop meeting on June 9th, he would favor deferring this study until after that meeting. At this point the roll was called to the motion. 5.b.2. Mr. Blair presented the report made by the St. Patrick's Day Parade Committee and outlined the list of suggestions for the 1984 St. Patrick's Day Parade and future parades: (1) Efforts will be made to strengthen float rules and enforce- ment of same with a view toward toning down apparent alcohol comsumption on floats during parade. (2) More barricades will be placed along Atlantic Avenue, to- gether with ropes, for crowd control - pursuant to the suggestions of Chief Kilgore. The areas near the railroad tracks will be roped or barricaded for safety purposes, to allow crossing only at the street site. (3) Every effort will be made to keep the parade moving at a constant pleasant pace. This can be accomplished by more attention to float placement, spacing of non-float vehicles in the parade, and limiting the stops for "shows" by parade participants (mainly bands) both in number of stops allowed and time (possible two or three stops of two to three min- utes for such groups as the Mummers and the Atlantic High School Band). (4) There will be a designated time that parade activities conclude, to be discussed and decided upon prior to next year's preparation. This will aid in disbursement of both participants and spectators after the parade. (5) Additional clean-up crews will be assigned for post parade trash pick up along Atlantic Avenue. We did have a crew this year, however, it would prove beneficial to increase its size and scope for next and future year's parades. (6) The number of parade marshalls will be increased from this year's 45 to approximately 65 for increased control. (7) The Parade Committee welcomes suggestions throughout the year for increased community participation, parade safety and traffic control. Mr. Bird suggested that Council accept the recommendations and return them to the Parade Committee as the mandate for next year, and to add to Item 4 the designated time at which parade festivities will end. Mr. Bird moved that the seven items included in the attach- ment, with the time appended to Item 4, be returned to the organizers with the acceptance by Council that those additional efforts are ex- pected to be made next year and the parade will be conducted at the time it has been scheduled in the past, at 2:00 P.M., and outside activites will cease at 4:00 P.M., seconded by Mr. Blair. (Motion withdrawn) - 2 - 03/22/83 The City Manager advised that early this week he received a communication from the Police Chief and his notes included a couple of items which were not included tonight. Council may want to look at those before acting on a list and he suggests Council defer this motion to a future meeting. Mr. Bird withdrew his motion and asked that this be made an order of business for the next regular Council meeting after they have had an opportunity to review Chief Kilgore's input. Mr. Blair withdrew his second. Mr. Perry inquired as to whether they can do anything about people up on the rooftops. Chief Kilgore stated that he thinks the best thing they can do is get the Committee to work with the merchants to prohibit people from going on their buildings. 5.b.3. Mr. Bird stated that there was an unfortunate incident on %~st Atlantic Avenue recently in which a fish market was broken into through the front glass window. He is concerned, from a personal stand- point, because there is now a businessman in the community who, because his business has been broken into twice in a year, there is every like- lihood will lose his business insurance. Mr. Bird asked that the Police Department and Administration work with the Business Committee of the Neighborhood Strategy area and see if there is anything the City can logically do to help him. 5.b.4. Mr. Bird reported that by action of the SCRWTD Board last %~ednesday night, they put themselves in a posture where the City of Delray Beach probably should formally accept the responsibility to continue to operate the plant through July 1st. Mr. Bird moved that the City continue to operate the plant through July 1st, seconded by Mr. Blair. Said motion passed unani- mously. 5.b.5. Mr. Bird stated that on the way home from that meeting it was raining heavily and he came close to becoming a statistic on Con- gress Avenue. That particular stretch of road goes from two lanes to three lanes and then back to two lanes again at the bridge. He noted that the City owns that property in front of Pines of Delray North. Mr. Bird moved to instruct the Administration to have street lighting placed along that stretch of highway as soon as possible to reduce the hazard, seconded by Mr. Blair. Said motion passed unani- mously. Before roll call, the City Manager stated that FP&L has informed him that the lights would cost the City $300 a month in elec- tricity. Their traffic engineering staff have looked at that stretch and reported that according to manual standards, they could not advise that traffic volume would warrant the lights; however, it is a legi- timate concern and he does not object to the lights. At this point the roll was called to the motion. 5.c.1. The City Attorney reported that, as Council has authorized, they have instituted a litigation in Federal Court seeking to have Chapter 119 of the Florida Statutes ruled unconstitutional as an invas- ion of the Federal Constitutional right of disclosural privacy. The legislature in this session has established a select committee which is currently reviewing Chapter 119; they have been directed to see what can be done to eliminate all exemptions from the Public Records laws. He, personally, feels this is not in the best interest of citizens and government in general. Secondly, with the Attorney General's office, they are also opposing resistance to establish any additional exemp- tions, which in their legal and personal opinion, are absolutely essen- tial to the proper functioning of government. The Florida League of Cities is now sponsoring a piece of legislation which they are seeking Council's support of. Their hearing on the matter will be held next Monday. Basically, what they are seeking to do is add exemptions to the Public Records law matter, one of which would establish what is called a %~rk Product Exemption; that is for files of litigation that are in the - 3 - 03/22/83 possession of the government attorney's offices, that any of those matters that are prepared in anticipation or for litigation would be exempt from disclosure. That is a common practice in the private sec- tor. They are also sponsoring an exemption which would establish for City Councils the same kind of rights that private citizens have, to have an attorney/client privilege between himself and Council. This would cause an exemption to be made to the Sunshine Law which, in his opinion, would further the interests of government in allowing them to discuss strategies, techniques and settlement offers in matters of litigation. The Florida League of Cities is requesting Council support of both matters and Mr. Jim Wolf has requested support by letter and/or personal appearances. Mr. Bird moved to authorize the City Attorney's request, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call, Mr. Bird stated he feels there are things necessary to the conduct of business which do not deserve to be exposed to the general public because it's not in the best interest of the public. He would add to the Florida League of Cities' position to say that those negotiations, if they are held in private, should be a matter of record which would be made public upon the completion of those liti- gations. Mr. Bird suggested that a personal appearance would be more persuasive than a letter. At this point the roll was called to the motion. 6. Mr. Jackel requested that Item 19 be broken down into two parts, 19.a. being appointments to the Community Appearance Board, and 19.b. being appointment to the Civil Service Board. He pointed out that on Item 23 of the agenda there is a typographical error; it should read "water treatment plant", not wastewater. Mr. Bird moved for agenda approval subject to the correc- tions and additions, seconded by Mr. Jackel. Said motion passed unani- mously. 5.b.6. Mayor Young presented and read a proclamation proclaiming April 23, 1983, as "Arbor Day". Mr. Worth, Chairman of the Beautifi- cation Committee, came forward to accept the proclamation and announced that they will be having a tree sale'on Arbor Day. PUBLIC HEARING 7. 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 Second and FINAL 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, ~ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 18-83 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 - 03/22/83 Mr. Jackel moved for the adoption of Ordinance No. 18-83 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 - Florida East Coast Cere- bral Palsy Association, Inc. It is recommended that Council approve solicitation of funds by direct mailing only. 9. Delra¥ Beach Gift Guide. Council is to consider approving the Gift Guide as revised. 10. Comprehensive Land Use Plan Amendment. Council is to con- sider authorizing advertising of a resolution to amend the Land Use Plan map to add PCC (Planned Commerce Center). Approval is recommended. 11. Mini Computer Purchase. Council is to consider approval of purchase of Mini Computers, with funding to be shared equally between the self-insurance fund and contingency account. Approval is recom- mended. Mr. Perry moved for approval of the Consent Agenda, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 12. Beach Concession Bids. Council is to consider a motion to authorize the staff to negotiate a beach concession contract with John's Beach Service. The City Manager advised that in accordance with Council instructions, they sought bids for this concession but received none. Mr. Perry moved to instruct the City Manager to begin nego- tiations with John's Beach Service for a beach concession contract, seconded by Mr. Bird. Said motion passed unanimously. Before roll call, upon question by Mr. Bird, the City Mana- ger advised that they made calls and personal contacts with firms and individuals who do this sort of thing up and down the coast. At this point the roll was called to the motion. 13. Gary Werner vs City of Delray Beach. Council is to consider authorizing the City Attorney's office and special counsel to bring third party action against Vanguard Insurance Company or its parent companies relative to Gary Werner vs City of Delray Beach. The City Attorney explained that, basically, this involves a denial of coverage by the City's police professional carrier relative to this incident in which a minor was hit by an automobile near Plumosa Elementary School. Based upon review of the policy and consultation with special counsel, they believe there should have been coverage for this particular incident and, therefore, in order to get a declaration by the Court of that coverage, they are requesting authorization of a third party action. Mr. Perry moved to authorize third party action, seconded by Mr. Jackel. Said motion passed unanimously. 14. Outside Legal Consultant relative to Labor Law Matters. Council is to consider retaining the law firm of Carson & Linn, PA as additional outside legal consultant relative to labor law matters. - 5 - 03/22/83 The City Attorney explained that Council, several months ago, authorized the retaining of an outside consultant on labor law matters. Two of the main members of that firm have since established their own firm in Tallahassee; they are very familiar with the City and are still working on a number of City cases. The City Attorney's office is seeking authorization to retain them as well. Mr. Perry moved to authorize the City Attorney to retain Carson & Linn, PA, seconded by Mr. Jackel. Said motion passed unani- mously. 15. Gre~or~ Seaver vs City of Delray Beach. Council is to 6o~sider an offer of settlement in the amount of $6,000 from the plain- tiff. The City Attorney advised that this involves an incident in which the plaintiff alleges that he was injured when he fell off the side of the City docks and cut his leg. It is his opinion, assuming they are liable, that the amount of injury or damages to the plaintiff does not approach $6,000 and it is recommended that Council reject the settlement offer. Mr. Bird moved for approval of the settlement offer in the amount of $6,000, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Blair - No; Mr. Jackel - No; Mr. Perry - No; Mayor Young - No. Said motion failed with a 5 to 0 vote. 16. Final Plat Approval - Palm Coast Industrial Park. Council is to consider approval of the final plat for Palm Coast Industrial Park, located north of the C-15 Canal, between Congress Avenue and 1-95. This was approved by a unanimous vote of the Planning and Zoning Board. Mr. Perry moved to approve the final plat, seconded by Mr. Bird. Said motion passed unanimously. 17. Conditional Use~ Site and Development Plan - The Harbour's Edge. Council is to consider approval of the conditional use, site and development plan for The Harbour's Edge, located at the northwest corner of Linton Boulevard and the Intracoastal Waterway. Mr. Mike McDaniel, Planning Director, reported that at last night's Planning and Zoning Board meeting, a public hearing was held to consider this request. After discussion, a motion passed by a vote of 4 to 2 (Carey and Simon dissenting) recommending that this request be approved subject to the following conditions: (1) Engineering Division's memorandum of March 17, 1983; (2) Director of Public Utilities' memorandum of January 20, 1983; (3) That the only use permitted for this property be as a life care retirement community; (4) That development be in accordance with the approved site and development plans re: The Harbour's Edge for the Linton Intracoastal Corporation, Delray Beach, Florida, prepared by Peabody & Childs, Architects, Inc., Archi- tects/Planners, 440 East Sample Road, Pompano Beach, FL 33064, Sheet Nos. 1, 2, 3 and 4 dated January 12, 1983; and prepared by Wantman & Associates, Inc., Consulting Engi- neers, West Palm Beach, Florida, Sheet Nos. 1 and 2 dated January 1983; and prepared by Rhett Roy, Landscape Archi- tecture, Planning, P.A., 550 S. Federal Highway, Fort Lauderdale, Florida, Sheet Nos. 1 and 2 dated January 18, 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 this project be completed within eighteen (18) months, in accordance with Sec. 30-21(E). Mr. Jackel moved to accept the recommendation of the Plan- ning and Zoning Board for approval of conditional use and site and development plan approval for Harbour's Edge, a 276 unit life care facility with a 60 bed nursing home with the following conditions: (1) The existing conditional use and site and development plan approval for a 304 unit condominium shall remain in full force and effect; and - 6 - 03/22/83 (2) The Developer shall be granted the right to market the approved life care plan and shall be granted the right to substitute the 276 unit life care plan for the 304 unit condominium plan on or before December 31, 1983. If that election to substitute is not made by the Developer by December 31, 1983, the right to substitute shall expire and the 304 unit condominium plan shall remain in effect, seconded by Mr. Bird. The City Attorney recommended that they include conditions 1 through 5 of the Planning & Zoning Board. Mr. Jackel agreed to accept those conditions as part of the motion but disagreed with the condition not to allow the conversion to a 304 unit condominium plan. Mr. Bird noted that item 3 of the memorandum would be at odds with the motion and suggested they amend it by adding "for that site plan". Mr. Jackel amended his motion to include the 5 conditions listed in Mr. McDaniel's memorandum of March 22, 1983 and to add the words "for that site plan" to condition ~3, 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 the following discussion was had: Mrs. Phyllis Plume expressed concern that this action could be forming a precedent by allowing more than one plan. Mr. Perry questioned Paragraph 3 of the memorandum which states "a sixty bed nursing home is proposed as an ancillary use which will initially be open to the public, but which is eventually intended to serve only on-site residents". He asked if that would place them under the preclusion for nursing homes for access and egress onto main arterial roadways. The City Attorney advised that it is not intended to be the primary use; if it were, it would not be permitted. At this point the roll was called to the motion. Mr. Blair left the Council Chambers at this time. 18. Final Plat Approval - Venetian Village. Council is to con- sider approval of the final plat for Venetian Village, located at the northeast corner of Venetian Drive and Miramar Drive. Mr. McDaniel reported that this a request from Mr. Richard Creese for a 14 unit multiple family project. It received site plan approval from City Council on January 25, 1983 and one of the conditions was that this project be platted, which is what they are requesting tonight. The Planning and Zoning Board has unanimously recommended approval. Mr. Bird moved for approval subject to the comments of the Planning Department, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Bird, Mr. McDaniel advised that the Board and Council gave approval with the requirement that this project plat; however, the applicant failed to take any action until about a month later when he tried to obtain building permits from the Building department. Mr. Bird stated that while he thinks it is appropriate for Council to grant reprieve when it is at fault, he would not want a developer to think that, as a regular occurrence, they will take these things on this short of a time limit. It is unfair to Council to expect them to make a final decision when they have not had a chance to study the issue. At this point the roll was called to the motion. - 7 - 03/22/83 Mr. Blair returned to the Council Chambers at this time. 19.a. Council is to consider appointments to the Community Ap- pearance Board. Mr. Jackel stated that there are two alternate positions open on the Community Appearance Board. Upon the advice of legal coun- sel, he understands these can be filled by laypersons if it is not feasible to get an architect. The City Attorney asked that the motion state that it is not feasible to appoint architects at this time. Mr. Jackel moved to appoint Mrs. Pat Davidson and Mrs. Alice Finst as alternates to the Community Appearance Board with terms expir- ing on March 8, 1984, as it is not feasible at this time to find two alternates who would qualify as registered architects to fill those slots, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Perry stated that he feels these names should be sub- mitted to Council before they vote on them. He knows of Mrs. Finst's qualifications but he does not know Mrs. Davidson. As the appointment should be going to an architect if possible, he knows of an architect who he would like to ask to serve on that Board. Mr. Perry moved to table this item. Said motion died for lack of a second. Council concurred that they should be provided with names and resumes before they vote on Board appointments. At this point the roll was called to the motion. 19.b. Council is to consider an appointment to the Civil Service Board. Mr. Jackel moved to appoint Mr. Carl Bayer to the Civil Service Board to a term expiring April 1, 1985, seconded by Mr. Blair. Said motion passed unanimously. 20. Centex Homes Nuisance Abatement. The City Attorney advised that they can skip this item as the nuisance has been abated. 21. Discussion of Garbage and Trash Ordinance amendment. Mr. Bird stated that he feels this item is sufficiently complex to warrant discussion as a separate item at a special workshop meeting next week. Mr. Bird moved to table this item to a special workshop meeting to be held next ~dnesday, March 30, 1983, at 3:00 P.M., sec- onded by Mr. Perry. Said motion passed unanimously. Before roll call the following discussion was had: Mrs. Elizabeth Matthews stated the Municipal Committee has been asking Council for this type of workshop for many months. There are a lot of small items they would like to discuss in more detail, such as the length of grass. Mrs. Kathi Sumrall stated that she would also like to make a presentation at this workshop. At this point the roll was called to the motion. 22. Test Well Program. Council is to consider authorization for Russell & Axon to perform professional consulting services relative to the test well program amounting to $227,500, with funds to come from the 1982-83 budget and the Bond Issue. 23. Design of Two Additional Filters - Water Treatment Plant Expansion. Council is to consider authorization for Russell & Axon to perform professional consulting services relative to design of two additional filters to be added to the existing clearwell structure, amounting to $71,500 with funds to come from the 1982-83 budget and the Bond Issue. - 8 - 03/22/83 The City Manager reported that both Items 22 and 23 would begin engineering on a couple of very important public utilities pro- grams. He suggested that these two items be passed with the understand- ing that should something completely unanticipated happen in that bond issue, only the preliminary engineering that would be funded from the budget would be continued and they would then hold the rest of it. He added that they are quite confident that the bond issue will go ahead. Mr. Bird moved to authorize performance of professional consulting service for test wells and for the addition of two filters for the Water Treatment Plant, with funding to come from the 1982-83 budget and from the proceeds of the Bond Issue, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call, Mr. Joseph Bell noted that on these two items, they have amounts totalling $299,000 and he questioned the mean- ing of the word 'consultation'. He feels it would be appropriate for someone to be a little more explicit as to why this will cost that much. Mr. Bird explained that their consulting engineers are the agents who will do the design work and will subsequently perform as engineers to ensure that what they design will get built in an appropriate manner. At this point the roll was called to the motion. 24. Street Abandonment - A Portion of Homewood Boulevard. Reso- lution No. 16-83, vacating and abandoning a portion of Homewood Boule- vard, located south of Atlantic Avenue, between the Delray Beach Golf Course and the newly realigned section of Homewood Boulevard, is before Council for consideration. The City Manager presented Resolution No. 16-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING APPROXIMATELY 400 FEET OF HOMEWOOD BOULEVARD SOUTH OF ATLANTIC AVENUE TO THE SOUTH LINE OF LOT 4, GOLFVIEW ESTATES, LOCATED IN THE %~ST ½ OF THE S%~¼ OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 16-83 is on file in the official Resolution Book) Mr. McDaniel reported that at a meeting on February 21, 1983, the Planning and Zoning Board unanimously recommended approval of this abandonment subject to (1) the Assistant City Engineer's memorandum of January 24, 1983 and (2) that the City of Delray Beach or the end buyer of the subject property bear the cost of relocating Florida Power & Light's existing facilities. Mr. Perry moved for the adoption of Resolution No. 16-83, 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. Mayor Young left the Council Chambers at this time and Vice-Mayor Bird took the chair. 25. Street Abandonment - N.E. 3rd Street. Resolution No. 17-83, vacating and abandoning that portion of N.E. 3rd Street, between N.E. 9th Avenue and the Intracoastal Waterway, is before Council for con- sideration. The City Manager presented Resolution No. 17-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF N.Eo 3RD STREET BETWEEN N.E. 9TH AVENUE AND THE INTRA- COASTAL WATER%~Y AS SHOWN ON THE PLAT OF RUNNYMEDE, RECORDED IN PLAT BOOK 23, PAGE 71, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND AS SHOWN ON THE MAP OF - 9 - 03/22/83 THE TOWN OF LINTON, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 3, SHEET 1, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 17-83 is on file in the official Resolution Book) Mr. Perry moved for the adoption of Resolution No. 17-83, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 26. Street and Alley Abandonment - Block A, Rid~ewood Heights. Resolution No. 18-83, vacating and abandoning that portion of S.W. 6th Avenue lying adjacent to Block A, Ridgewood Heights and the 12 foot north-south and east-west alley lying within Block A, Ridgewood Heights, is before Council for consideration. The City Manager presented Resolution No. 18-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF S.W. 6TH AVENUE LYING ADJACENT TO BLOCK A, RIDGEWOOD HEIGHTS, AND THE 12 FOOT NORTH-SOUTH AND EAST-WEST ALLEY LYING WITHIN BLOCK A, RIDGEWOOD HEIGHTS, AS RECORDED IN PLAT BOOK 14, PAGE 44, OF THE PUBLIC RECORDS OF PALM BEACH COUN?Y, FLORIDA. (Copy of Resolution No. 18-83 is on file in the official Resolution Book) Mr. Perry moved for the adoption of Resolution No. 18-83, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes; Said motion passed with a 4 to 0 vote. 27. Enabling Agreement, 1982-83 - Capital Improvements Projects. Council is to consider approval and authorization to execute agreement between the City and Palm Beach County for providing for the funding and administration of Community Development Block Grant projects. Mr. Perry moved to approve and authorize execution of agree- ment subject to the City Attorney's office approval of the contract language, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes; Said motion passed with a 4 to 0 vote. Before roll call, the City Manager read from a memorandum from Mr. McDaniel dated February 22, 1983, a description of the work they are asking the County to do in this agreement: (1) An engineering study of drainage in an area bounded by Atlantic Avenue on the south, Lake Ida Road-N.W. 4th Street on the north, 1-95 on the west, and N.W. 3rd Avenue on the east; (2) The rights-of-way design of N.W. 5th Avenue, from Atlantic Avenue on the south to N.W. 2nd Street on the north; (3) The design and engineering for the purpose of subdividing and developing low and moderate income single family hous- ing on a County-owned site of 8.9 acres bounded on the north by S.W. 2nd Street, on the south by S.W. 3rd Street, on the west by S.W. 10th Avenue, and on the east by S.W. 8th Avenue. At this point the roll was called to the motion. - 10 - 03/22/83 Mayor Young returned to the Council Chambers at this time. 28. Ratification of South Central Regional %~astewater Treatment and Disposal Board Action of March 16, 1983. Council is to consider ratification of SCR~TD Board action approving move of administration offices to the Sewer Plant. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. Mr. Blair moved for approval, seconded by Mr. Perry. Said motion passed unanimously. 29. City Owned Surplus Property. Council is to consider author- izing advertising surplus property for sale. The City Manager reported that several months ago Council and staff reviewed the property map and determined that a number of the City's real properties could be declared surplus and made available for sale. They now have the surveys and other information required prior to going to the market and are recommending that 8 of the 10 properties be advertised for sale in accordance with the City Code. He added that the twa properties that they suggest not be included at this point are (1) the 20 acre parcel near the C~metery; Council asked that they coordinate directly with County HUD to try and work out a direct sale with them; and (2) the property on the North side of Lake Ida Road, between the Boy Scout hut and the Trinity Church property which they now feel should be held by the City for future recreational expansion. The City Manager added that the City has received some formal contract offers for the sale and purchase of these properties; however, under the City Code they still have to go through advertising procedures. Mr. Bird moved to authorize the advertisement of surplus property for sale, less items 37 and 42, and reserve the right to refuse any and all offers, seconded by Mr. Jackel. Said motion passed unani- mously. Mayor Young stated that they will need to give further consideration as to whether they want to use the property on Lake Ida Road for a park. 30. Ordinance No. 14-83 - Amending Code - Purchases. Ordinance No. 14-83, amending Chapter 2 "Administration" of the Code of Ordinances relative to purchasing procedures, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 14-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE III, "PURCHASES", SECTION 2-34, "PROCEDURE WHEN LESS THAN $3,000.00", AND ENACTING A NEW SECTION 2-34, "ACQUISITION OF PERSONAL PROPERTY, SUPPLIES, OR CONTRACTUAL SERVICES", SETTING FORTH CON- DITIONS AND PROCEDURES FOR ACQUIRING PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES; BY REPEALING SECTION 2-35, "PROCEDURE WHEN MORE THAN $3,000.00 AND CONTEM- PLATED IN BUDGET", AND ENACTING A NEW SECTION 2-35, "VARIANCES BET~EEN THE BID/QUOTE AND ACQUISITION PRICE", SETTING FORTH CONDITIONS UPON WHICH THE PURCHASING AD- MINISTRATOR SHALL HAVE THE AUTHORITY TO MAKE ~URCHASES FOR PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES; AND BY REPEALING SECTION 2-36,"PROCEDURE WHEN MORE THAN $3,000.00 NOT CONTEMPLATED IN BUDGET", AND ENACTING A NEW SECTION 2-36, "ACQUISITION OF REAL PROPERTY", AUTHORIZING CITY COUNCIL TO PURCHASE REAL PROPERTY AT A PRICE AND UPON THE TERMS AND CONDITIONS IT DEEMS TO BE IN THE BEST INTERESTS OF THE CITY AND PROVIDING FOR A NOTICE THEREOF TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. - 11 - 03/22/83 The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 14-83 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. 31. Ordinance No. 19-83 - Zoning Ordinance Amendment - Parking for CC (Community Commercial) District. Ordinance No. 19-83, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the number of parking spaces required for shopping centers, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 19-83: 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 AMENDING SECTION 30-10 "CC (COMMUNITY COMMERCIAL DIS- TRICT)'' (I) "PARKING AND LOADING REGULATIONS", BY ESTAB- LISHING REQUIRED PARKING SPACES FOR SHOPPING CENTERS OF UP TO 400,000 SQUARE FEET AT 4.0 SPACES PER 1,000 SQUARE FEET OF GROSS LEASABLE FLOOR AREA AND FOR SHOPPING CEN- TERS FROM 400,001 SQUARE FEET THROUGH 600,000 SQUARE FEET AT 4.5 SPACES PER 1,000 SQUARE FEET OF GROSS LEASABLE FLOOR AREA; PROVIDING FOR CLARIFICATION OF WHAT CON- STITUTES A SHOPPING CENTER FOR PURPOSES OF THESE REGU- LATIONS AND FURTHER TECHNICAL CLARIFICATIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 19-83 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 the following discussion was had Upon question by Mr. Bird, Mr. McDaniel advised that the Planning Department, along with the Traffic Division, are now engaged in a comprehensive study of the parking regulations, including all com- mercial, residential and industrial districts, in terms of the number of required parking spaces. He feels that a number of uses are requiring too many parking spaces which is a large burden upon development and which results in too much impervious area. It may be that they will be recommending reduction in the number of required parking spaces in the other commercial districts. Presently, there is a request in for addi- tional development at the Delray Mall, which is in a CC zoning district, the only district whose regulations they are proposing to amend at this time. Mr. Bird stated that he would encourage simplification of the parking requirements. At this point the roll was called to the motion. 32. Ordinance No. 20-83 - DeRubis Annexation. Ordinance No. 20-83, relative to annexing a 0.26-acre parcel, subject to R1AA (Single Family Dwelling) District, located north of N.W. 7th Street between N.W. 6th Avenue and N.W. 8th Avenue, is before Council for consideration on First Reading. If passed, public hearing will be held April 26, 1983. The City Manager presented Ordinance No. 20-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND IN THE SUBDIVISION OF SECTION 8, TO~SHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 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 OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. - 12 - 03/22/83 The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 20-83 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. 33. Ordinance No. 21-83 - Pylon Annexation. Ordinance No. 21J83, relative to annexing a 1.97-acre parcel, subject to SAD (Special Activities District), located east of Military Trail, between Lake Ida Road and Atlantic Avenue, is before Council for consideration on First Reading. If passed, public hearing will be held April 26, 1983. The City Manager presented Ordinance No. 21-83: 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 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, %~HICH 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 City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 21-83 on First Reading, seconded by Mr. Perry. 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. 34. Ordinance No. 22-83 - Pylon Rezonin~. Ordinance No. 22-83, relative to rezoning to SAD (Special Activities District), conditional use, and site and development plan approval, is before Council for consideration on First Reading. The property is located east of Mili- tary Trail, between Lake Ida Road and Atlantic Avenue. If passed, public hearing will be held April 26, 1983. The City Manager presented Ordinance No. 22-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE COUNTY OF PALM BEACH WITH COUNTY ZONING OF CS (SPECIAL- IZED COMMERCIAL) DISTRICT, IN THE CITY ZONING SAD (SPE- CIAL ACTIVITIES DISTRICT), BEING A 1.97 ACRE PARCEL OF LAND LOCATED EAST OF MILITARY TRAIL BETWEEN LAKE IDA ROAD AND ATLANTIC AVENUE, SAID LAND BEING IN SECTION 13, TO~SHIP 46 SOUTH, RANGE 42 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 22-83 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. 35. Ordinance No. 23-83 - Budget Amendment. Ordinance No. 23-83, repealing Ordinance No. 70-82 to readjust the 1982-83 fiscal budget, is before Council for consideration on First Reading. If passed, public hearing will be held April 12, 1983. The City Manager presented Ordinance No. 23-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-82 TO READJUST THE 1982-1983 FISCAL BUDGET OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING FINAL APPROPRIATIONS OF SUMS OF MONEY FOR - 13 - 03/22/83 ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1982, TO THE 30TH DAY OF SEPTEMBER, 1983; TO PRESCRIBE THE TERMS, CONDITIONS, AND PROVISIONS WITH RESPECT TO THE ITEMS OF EXPENDITURES AND THEIR PAYMENT, TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCE AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCONSISTENCY; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 23-83 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. 36. Telephone Equipment Bids for City Hall. Council is to consider advertising for bids for computer telephone switchboard and approximately 150 telephones for City Hall. The City Manager reported that Council retained a telephone consultant several months ago, Mr. Howard Shaw. He has done all the preliminary work, has prepared specifications, and is now ready to go to bid. He is recommending a computerized system that would give them those features modernizing their internal and external communications. Additionally, Mr. Shaw has been making a number of recommendations for modification for long distance discounts and things of that nature. They feel that so far he has done a very good service for them. The City Manager further advised that they have no price estimate at this time; he will coming back to Council with that. They expect installa- tion of this system in conjunction with occupancy of City Hall, around mid-summer. Mr. Bird moved to authorize advertising for bids, seconded by Mr. Perry. Said motion passed unanimously. Before roll call, upon question by Mr. Bird, the City Mana- ger advised that the 23 phones, which they purchased and any phone equipment, will be compatible with the switchboard system they are getting. He added further that the specifications will be prepared so that they can accept it either on a lease, a purchase or other options. At this point the roll was called to the motion. 37. Refuse Contract Addendum. Council is to consider approval of Addendum No. 1. The City Manager reported that this was sent to Council last week noting that any member of Council wishing to discuss this should call him; Mr. Jackel did so. The package before Council includes a different way to break out the disposal costs for the add-ons and also includes a different way to amortize the roll-out carts that are added during the term of the contract. Mr. Jackel stated that the City Manager suggested that they do not have a bid on the garbage C level. Over a month ago, Council approved the different levels of service for the various areas, includ- ing level C which covers High Point and Country Manors. The City Mana- ger's opinion was that since they will not come under the contract until January 1,1984, they should not be bid on now. Mr. Jackel stated his contention is that everything should be bid on now. The City Manager explained that this addendum does not change the intent of the contract. The way that it was to be bid was a lump sum monthly amount for all those existing units. Anything that would be built, added on or deleted during the term of the contract is bid on a unit by unit basis. The City Manager further stated that service level C was to be provided only in very limited circumstances. Council has decided that upon the first day of the contract, no area of - 14- 03/22/83 the City is to receive service level C; that it would be appropriate only in the High Point and, perhaps, Country Manors areas, which would not come under this contract until January, 1984. Therefore, in order to clarify the procedure of bidding, they pointed out to the contractors that they should bid 0 for the inital amount, because there would be no service level C provided upon the first day of the contract. But on January 1, 1984, when they did start providing that type of service, they would then use the cost per unit times the number of units brought in. Upon question by Mr. Jackel, the City Manager explained that they will be getting a unit price for every level of service. Mr. Bird moved to approve the Addendum, seconded by Mr. Blair. Said motion passed unanimously. 38. Mr. Bird noted that tonight they authorized the sale of some surplus City property, one portion of which it was their intention to rezone. He requested adding an additional item to tonight's agenda, Item 38, to address the rezoning of the intersection at the southeast corner of Homewood Boulevard and Atlantic Avenue. Mr. Bird moved to put Item 38 on the agenda, seconded by Mr. Blair. Said motion passed unanimously. Mr. Bird stated that it was the consensus of Council that this parcel would be designated as nM-6 so as to have a single point of entry and to provide adequate buffering from Atlantic Avenue, which would be one of the detriments to that particular site. They had the concurrence .of the people of Woodlake at the time they reached that consensus. Mr. Bird moved that it is Council's intent to redesignate that land to be nM-6 (Multiple Family Dwelling) District so that it will be known at the time the parcels are advertised for sale and to instruct the preparation of the ordinance, seconded by Mr. Perry. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 9:15 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of March 22, 1983, which minutes were for- mally approved and adopted by the City Council on ~ 6,/~.~ . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 15 - 03/22/83