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04-12-83 APRIL 12, 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 7:15 P.M., Tuesday, April 12, 1983. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Doak S. Campbell 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 Frank Reiff, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. Mayor Young introduced the students from Atlantic High School who participated in Student Government Day. 4. Mr. Perry moved for approval of the minutes of the special meeting of April 4, 1983, seconded by Mr. Bird. Said motion passed unanimously. 5.a.1. Mr. Pasco Baker stated that he distributed a petition among the citizens of Delray Beach and has received 2,020 signatures asking that Pompey Park be changed to the Martin Luther King Memorial Park. 5.a.2. Melvin Wring, 14 S.W. 8th Street, stated that he received a violation notice from the City concerning his two trucks which are parked in his yard. As his business grows, it is his intention to find some place to park the trucks but in the meantime he has no place to put them. Mr. Perry explained to Council that Mr. Wring has been before the Code Enforcement Board and an agreement was made that he approach Council with a plea that they consider an amendment to the ordinance to cover this kind of situation. The Board has agreed to hold off a decision until Council has decided whether or not they should effect an amendment. He questioned whether Mr. Wring has looked into what the cost of renting a site to store the trucks would be which would alleviate this problem. Mayor Young stated that the City must enforce their ordi- nances; if someone is in violation of the code it is a problem that the person involved will have to solve. He does not feel they can arbitrar- ily amend ordinances simply to afford a protection to one individual. Mr. Campbell stated that Mr. Wring must be aware that when- ever an ordinance is approved it must have City wide application and cannot pertain to any one neighborhood. He suggested that perhaps Mr. Wring ought to go before the Planning and Zoning Board and have them look at the ordinance. Mr. Perry stated that if it will help the situation he would be willing to meet with Mr. ~ring and try and find an affordable, secure place where he can legally park his trucks. Mr. Bird stated that as much as he sympathizes with Mr. Wring's problem apparently some of his neighbors do not; these ordinance violations are principally enforced upon complaint to the Building Department. Whatever is done, he trusts that Mr. Wring will be in a position to respond to the Code Enforcement Board when he meets with them next month as this has been going on far too long. He would like to see this resolved amicably and if Mr. Perry can help him he has no objection, but he will not ask the Planning and Zoning Board to specif- ically review this one item. 5.b.1. Mr. Jackel stated that perhaps the City should appoint a committee of one to oversee construction of the new City Hall and report back directly to Council so that they know how the project is coming along and if there are any errors made they can be corrected now. He contacted Mr. Blair who stated that he would be willing to undertake such a project. Mr. Jackel moved that Council appoint Mr. Leo Blair as a committee of one to follow the progress of the City Hall expansion project, reporting directly to Council. This position will be held without remuneration of any kind and will terminate upon completion of the project. Mr. Blair will receive full cooperation from the City Manager, City Engineer, Project Architect and private contractor, sec- onded by Mr. Bird. Mr. Bird suggested that the group be expanded slightly to include one member of Council and one member of the Administration, possibly Mr. Church, so that all three would have viewed the same ev- idence and hopefully come to the same conclusions. He offered the suggestion as an amendment to Mr. Jackel's motion. Mr. Jackel amended his motion as suggested by Mr. Bird, seconded by Mr. Bird. Said motion passed unanimously. Before roll call Mr. Perry stated that with the City En- gineer and Building Department presently going through the building he feels they'have enough people without adding any others who have no construction background. The City Manager stated that he has no objection to this proposal. With City Hall being the primary public City building, Coun- cil needs to be assured that the investment which is under way is indeed what they intend. Mr. Blair was very intimately involved with the original negotiations after the bid opening and would certainly be interested in continuing to oversee the project. At this point the roll was called to the motion. 5.b.2. Mr. Bird stated some time ago Council said that around the first of April they would complete the landscaping at the South Central Wastewater Treatment Disposal Plant. He would like to have a status report available to take to their Board meeting on April 14th. 5.b.3. Mr. Bird stated that last week he received a letter from the executive director of the Florida Atlantic Builders' Association in regard to the City's Recreational Impact Fee. He would assume that they have received the information they are going to receive from the Chamber of Commerce but he feels they are overdue to report back to FABA on the basis for their impact fee and the facilities they expect to build with it. 5.b.4. Mr. Bird stated that Council had agreed that thirty days after the St. Patrick's Day parade they were going to coordinate with a letter which they received from the Chief of Police. He would like to remind Council that the thirty days are almost up. - 2 - 4/12/83 5.b.5. Mr. Bird stated that he finds it less than useful to receive an agenda late on Friday which addresses itself to an item and there is no backup material. He suggested that if anyone is going to address Council with an item, which is worthy of their consideration, they should give Council enough information so that they can be as knowl- edgeable as possible. Informally, he would like Council's consensus that items without backup material should not be on the agenda. 5.c. There were no Non-Agenda items by the City Attorney. 5.d.1. The City Manager introduced Mr. Jim Johnson who is the new Director of Development and Inspection/Chief Building Official. 5.d.2. The City Manager stated that Council has been furnished some additional information relative to the garbage contract bids which were opened last Thursday. The Finance Department is still in the process of analyzing them to see where the City stands. However, it is apparent that they have two low bidders. There are two specific actions that the Administration intends to undertake with Council's concurrence; one is to begin making background checks and inquiries focusing on the two lowest bidders and the second is to begin discussing with the low bid- ders details of their performance and contract. He suggested that perhaps Council could discuss this at the next workshop meeting. Mayor Young requested that this item be placed on the next workshop agenda. Mr. Jackel requested that item 14 be removed from the con- sent agenda and placed as first item on the regular agenda. Mr. Bird moved for agenda approval with the exception of item 14 to be placed on the regular agenda, seconded by Mr. Jackel. Said motion passed unanimously. PUBLIC HEARING 7. 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 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. 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, "PURCHASES" SECTION FLORIDA, BY REPEALING ARTICLE III, , 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 CONDI- TIONS AND PROCEDURES FOR ACQUIRING PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES; BY REPEALING SECTION 2-35, "PROCEDURE WHEN MORE THAN $3,000.00 AND CON- TEMPLATED IN BUDGET", AND ENACTING A NEW SECTION 2-35, "VARIANCES BETWEEN THE BID/QUOTE AND ACQUISITION PRICE", SETTING FORTH CONDITIONS UPON ~ICH THE PURCHASING ADMIN- ISTRATOR SHALL HAVE THE AUTHORITY TO MAKE PURCHASES 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; PRO- VIDING AN EFFECTIVE DATE. - 3 - 4/12/83 (Copy of Ordinance No. 14-83 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. 14-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 8. 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 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. 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. (Copy of Ordinance No. 19-83 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. 19-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Bird stated that it seems to him when this item came before them on first reading there was a question as to why this applied only to Community Commercial and before second reading they were going to get an answer. Mike McDaniel, Planning Director, stated that Community Commercial now requires 5.5 spaces per 1,000 which is over what is required for other commercially zoned areas. The Planning and Zoning Board is recommending that the CC regulations be amended as they are conducting a study which is immediately pertinent to shopping mall type centers. When this ordinance was before Council on first reading, he indicated to Council that they were engaged in a study for general review of the entire parking ordinance. This item is a separate require- ment which is already within the code for the CC district and they are recommending modifying this for immediate relief and at the same time moving forward with their study. Hopefully, when they complete the comprehensive study the differences for parking in commercial areas will have been eliminated. - 4 - 4/12/83 At this point the roll was called to the motion. 9. Ordinance No. 22-83 - Pylon Rezoning. Ordinance No. 22-83, relative to rezoning to SAD (Special Activities District), conditional use, site and development plan approval, is before Council for con- sideration on Second and FINAL Reading. This property is located east of Military Trail, between Lake Ida Road and Atlantic Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 22-83: 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, TOWNSHIP 46 SOUTH, RANGE 42 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 22-83 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. Perry moved for the adoption of Ordinance No. 22-83 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 10. 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 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. 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 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. (Copy of Ordinance No. 23-83 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. 23-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 5 - 4/12/83 11. Comprehensive Land Use Plan Map. Resolution No. 20-83, amending the land use plan map to add PCC (Planned Commerce Center), is before Council for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 20-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FOR THE CITY OF DELRAY BEACH BY ADDING AN ADDITIONAL LAND USE CLASSIFICATION TO BE KNO%~ AS PCC PLANNED COM- MERCE CENTER. (Copy of Resolution No. 20-83 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. 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 Resolution No. 20-83, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 12. Request for Solicitation of Funds - VFW Post 4141. Council is to consider approving solicitation of funds from May 26 through May 27, 1983. Approval is recommended. 13. Request for Solicitation of Funds - Delra¥ Beach National Little League. Council is to consider approving solicitation of funds on April 16, 1983. Approval is recommended. 15. Developers Utility Service Agreement - Centex Homes of Flor- ida, Inc. Council is to consider approval of an agreement between the City and Centex Homes of Florida, Inc., for water and sewer service to Rainberry Lakes (Phase IV-B). $2,200.00 ($62.50 per living unit for sewer and $37.50 per living unit for water = $100.00 per 22 living units) will be paid to the City at a time spelled out in the agreement. Approval is recommended. 16. Rezoning Request - South of the L-32 Canal, between High Point Boulevard North and Davis Road. Resolution No. 23-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from AR (Agricultural Residential) (County) to R-1AA (Sin- gle Family Dwelling) (City), is before Council for consideration. The caption of Resolution No. 23-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AR (AGRICUL- TURAL RESIDENTIAL) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 23-83 is on file in the official Resolution Book) 17. Rezoning Request - East of N.E. 2nd Avenue (Seacrest Boule- vard) between N.E. 22nd Street and Atlantic High School. Resolution No. 24-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from CN (Neighborhood Commercial) (County) to NC (Neighborhood Commercial) (City), is before Council for consideration. - 6 - 4/12/83 The caption of Resolution No. 24-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CN (NEIGH- BORHOOD COMMERCIAL) TO THE CITY'S ZONING CLASSIFICATION NC (NEIGHBORHOOD COMMERCIAL) DISTRICT. (Copy of Resolution No. 24-83 is on file in the official Resolution Book) 18. Nuisance Abatement. Resolution No. 25-83, assessing costs for abating nuisances for three properties in accordance with Sections 13-12 and 13-13, is before Council for consideration. This places a lien on the properties. The caption of Resolution No. 25-83 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. 25-83 is on file in the official Resolution Book) 19. Official Zonin~ Map of Delra¥ Beach. Resolution No. 27-83, adopting a new zoning map of the City, which replaces the official zoning map adopted November 22, 1977, is before Council for considera- tion. The caption of Resolution No. 27-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAP OF THE CITY OF DELRAY BEACH. (Copy of Resolution No. 27-83 is on file in the official Resolution Book) 20. Request for Dock Width Variance. Council is to consider a request for permission to construct a dock 12 feet into the canal right- of-way, located at N.W. 22nd Street and Eden Way. Approval is recom- mended. 21. Transport of Children to Shrine Circus. Council is to co~sider authorizing funding in the amount of $300.00 to transport children to the Shrine Circus, with funds to come from the General Fund Contingency Account. Mr. Bird moved for approval of the Consent Agenda with the exception of item 14, seconded by Mr. Jackel. Said motion passed unani- mously. REGULAR AGENDA 14. Easement Deed - Extension of Dotterel Road. Council is to consider accepting an easement deed from Palm Beach County to extend Dotterel Road 60 feet east of its present terminus. Approval is recom- mended. - 7 - 4/12/83 Mr. Jackel stated that he requested this item be removed from the consent agenda as he would like some additional information from staff and the citizens. Mike McDaniel explained that Falls of Delray is a proposed multiple family project which has already received site and development plan approval. In order for them to obtain access to the project they require about 60 feet from County property which is the reason for the easement deed. One of the conditions of the approval was that they gain access by means of an easement deed. Mr. Campbell stated that when this item came before the Planning and Zoning Board they did not consider the traffic increase on Dotterel Road. As far as the actual deeding itself, as long as the City is receiving something of value in return, he does not have any basic objection to it. The developer agreed to make improvements and continue development of the bike path system. The City Manager stated that the future development plans for Miller Park do not depend on Dotterel Road as access; they do not want to encourage traffic through the neighborhood to use the park. David Cohen, representing Town and Country Estates Condomin- ium, stated that extending Dotterel Road would create a critical traffic situation. Looking ahead, it will create danger for children, pets and the residents of the area. They are requesting that Council and the Planning and Zoning Board study the situation and have the City Engineer look into the problem. It will be hazardous and dangerous and instead of the area being a comfortable place to live it will be heavily con- gested with accidents and increased crimes. Mr. Bird stated that there are essentially two ways to get to the property in question; either from Dotterel Road or Curlew Road. He would be more concerned about having the entire parcel serviced by one road than by two. The parcel is going to be developed one day and all the traffic is going to have to go through Curlew Road if they do not open Dotterel Road. Council might be better off to allow the exten- sion but inform the developer the limitation is that they cannot extend the access beyond the project; this way there would be a net increase on Dotterel Road of 30 living units but no more. He stated that while they are under no obliga%ion to create access, if the owner of the property does want to develop he will look for another access road. Mr. Bird moved that this item be tabled until the next regular meeting and in the interim the Administration be asked to con- duct a traffic impact study on the effect of the completion of the Falls of Delray, seconded by Mr. Perry. Said motion passed unanimously. 22. Discussion re~ardin~ Group Health and Life Insurance. The C~ty Manager stated that the City received notice from their current group health and life insurance carrier that they were facing a stag- gering increase in their insurance premiums with the first payment due on June 1st. They have been working with the insurance consultant in order to be ready to go out for bid. Hopefully, they will have a new policy in effect by June 1st so that they will not see the same increase in the premium which they would see if they allowed their current policy to remain in force. Normally, with bids of this nature they like to have a full 30 days; however, under the circumstances he feels that they should be given three weeks and they should still receive some good bids. The alternative to that is to look for a new policy to go into effect June 15th. He stated that their insurance consultant has been in contact with the Personnel Director. They are preparing bid specifica- tions with a number of alternatives for Council to consider including an increase in deductibles. They expect to come back to Council as soon as they have a better understanding so that they can get some specific direction on the withholding from employees checks during the month of May. He stated that the intended direction they are recommending is that, for the month of May, they believe it would be reasonable to in- crease the employees withholding from their paychecks for their share of the dependent coverage by $20.00 per month. This is predicting an insurance premium in the range of $65 to $75 for dependent coverage and the final arrangements can be made later. - 8 - 4/12/83 Mr. Bird moved to accept the City Manager's recommendation but that it is intended to be a declaration of Council intent and is not considered to be final or binding at the present time, seconded by Mr. Jackel. Said motion passed unanimously. 23. Sale of Engine No. 16, a 1961 Dodge 4-Wheel Drive Fire Pumper. Council is to consider authorizing the sale of Engine No. 16 by competitive bid. Approval is recommended. Mr. Bird moved to authorize sale by competitive bid, sec- onded by Mr. Jackel. Said motion passed unanimously. 24. Golfview Condominium Association Fence Matter. The City Attorney stated that this item is before Council for direction as to where they would like to go. The factors relative to this matter are that the contractor has reinstalled the fence on condominium property; the problem is that they are attempting to get funds from the condomin- ium association for that reinstallation. This is a dispute between the contractor and the association, however, it is his opinion that it is something which was considered within the bid and part of the contract with the City. The contract stated that they were to replace shrubs; the problem with that aspect is that they were not apparently told at the time that the shrubs were to be reinstalled. Therefore, when they removed the shrubbery and the fence they only kept the fence and the shrubs were disposed of in some manner. The contractor's contention is that the price to reinstall the shrubbery now includes purchase of shrubbery and that is beyond the scope of what they originally bid in the contract. Steve Rubin, Director and Treasurer of Delray Golfview Condominium, stated that the fence and shrubs were torn down by H & H Engineering pursuant to the water main which was being installed on Congress Avenue. Prior to them destroying the shrubs the President of the Association contacted Russell & Axon and asked whether they would be replacing the fence and shrubs. Their response was that those portions of the fence previously removed could be repositioned on the owners' property provided that; (1) the owner would determine from registered surveyors where the relocated fence line and reposition corner posts would be, (2) put in necessary corner posts, (3) move that portion of the original fence which was not touched by the contractor to their new location and (4) permit the contractor access to replace those portions previously moved. With that advice it was understood that they would replace at least the fence if the association met the four conditions, which they did. They were then billed by H & H Engineering for replace- ment of the fence and immediately contacted the City. They received a letter from the City Manager which stated that the reinstallation of the fence adjacent to its original location was well within the scope of work awarded to the contractor. It is the Association's belief that the City should at least honor its commitment to them and intervene at this point. Marty Trau~er, 702 S.W. 28th Avenue, Boynton Beach, stated that after the contractor removed the hedge he contacted Russell & Axon and asked them if the contract stated that they were to replace the fence and hedge. Russell & Axon stated that the intent was that what- ever was removed had to be replaced. Mr. Bird stated that he feels they should cooperate in every way by providing whatever information and documents they have. However, the contractor has not billed the City and Council's action would not preclude the contractor from billing someone if they want to or even going to litigation. He stated that maybe the solution in part is that the City should reiterate their position by writing a letter stating that they have had this issue brought back before them, their position remains unchanged and they intend to make themselves available to the condominium association. It was the consensus of Council to have the City Attorney write a letter to the contractor advising them to stop billing the association and demanding that they install the hedge on the property in accordance with the contract. - 9 - 4/12/83 25. Proposed Supplemental Intergovernmental Agreement between the City and Palm Beach County. Council is to consider entering into a Supplemental Intergovernmental Agreement between the City and Palm Beach County relative to additional beach erosion control project funding. Approval is recommended. The City Attorney stated that a few months ago they at- tempted to get this matter resolved with Palm Beach County and did not receive any response. Palm Beach County came back with an agreement which essentially required the City to enter into an agreement that covenants would run for 99 years and Council decided that was unaccept- able. Council's counterproposal to them was that they would agree only to the covenants in the years in which they received the full $200,000 funding. No one ever responded to that proposal; finally he spoke to members of the County Attorney's office and propounded another sugges- tion which they discussed with their engineers. It was proposed that those covenants of open access would run for 10 years beyond the date which they felt their funding ended. That is apparently acceptable as a proposal to the Engineering Department and is the form of the agreement which is before Council tonight. Upon question by Mr. Perry, the City Attorney stated it has been their position all along, and Palm Beach County is aware, that the phrase in paragraph 4 of the proposed amendment is to the effect that all of those spaces existing now will be kept open; but anything the City does hereafter is not going to fall under the terms of the agree- ment. This means that if the City has the property and funds they can construct additional parking which if Council wishes can be restricted to a residents only lot. Mr. Bird moved to approve and authorize execution of an agreement, seconded by Mr. Jackel. Said motion passed unanimously. 26. Appointment - Plannin~ & Zoning Board. Council is to consider the appointment of one member to the Planning and Zoning Board to a term ending September 28, 1983. Mr. Campbell stated that in the future he would like to see that all people who wish to serve on boards file an application with the City Manager's office. If any Council member feels that a person is especially qualified and would like to recommend them then a list should be compiled well in advance of the meeting and it should be indicated on the list who they are recommending. Mr. Bird moved to appoint Kathi Sumrall to the Planning and Zoning Board to a term ending September 28, 1983, seconded by Mr. Jackel. Said motion passed unanimously. 27. Appointment - PERC Commission. Council is to consider the appointment of a regular member to the PERC Commission to a term ending March 13, 1987. Mayor Young requested that this item be deferred until the next workshop meeting. 28. Appointments - Board of Adjustment. Council is to consider the appointments of one regular and one alternate member to the Board of Adjustment to terms ending March 15, 1986. Mr. Jackel moved to appoint Digby Bridges as a regular member to the Board of Adjustment to a term ending March 15, 1986, seconded by Mr. Campbell. Said motion passed unanimously. Mr. Jackel moved to appoint Barbara Smith as an alternate member to the Board of Adjustment to a term ending March 15, 1986, seconded by Mr. Bird. Said motion passed unanimously. 29. Appointments - Delray Beach Human Relations Committee. Council is to consider appointing two members to the Delray Beach Human Relations Committee to terms ending March 15, 1985. - 10 - 4/12/83 Mr. Jackel moved to reappoint Jack Kellerman and Bob French as members to the Delray Beach Human Relations Committee to terms ending March 15, 1985, seconded by Mr. Bird. Said motion passed unanimously. 30. Deborah Atkins vs City of Delray Beach. Council is to consider retaining the law firm of Crowell & Moring as additional out- side counsel relative to defense of litigation entitled Deborah Atkins vs City of Delray Beach. Approval is recommended. The City Attorney stated that this item is before Council tonight to authorize retention of the law firm of Crowell & Moring to act as additional outside legal counsel in the defense of this case. Tom Geiss, who was handling the case, has left the firm of Seyfarth, Shaw, Fairweather and Geraldson and in order to be consistent they ought to retain Mr. Geiss who is now working with the firm of Crowell & Moring. Mr. Bird moved to authorize retaining Crowell & Moring, seconded by Mr. Jackel. Said motion passed unanimously. 31. Final Plat Approval - Plaza Delray. Council is to consider approving the final plat for Plaza Delray, located north of the C-15 Canal, between 1-95 and Congress Avenue. This was approved unanimously by the Planning and Zoning Board subject to the following condition: (1) That the required approvals from Lake Worth Drainage District be resolved prior to record- ation of the plat. Mr. Perry moved to approve final plat approval fo~ Plaza Delray, seconded by Mr. Bird. Said motion passed unanimously. 32. Easement Deed - N.E. 18th Street (Huber I. and Anne F. Thayer). Council is to consider accepting an easement deed for a tem- porary drainage project at N.E. 18th Street. Approval is recommended. Mr. Perry moved to accept the easement deed for N.E. 18th Street, seconded by Mr. Bird. Said motion passed unanimously. Before roll call Mr. Jackel read from a memorandum sent to the City Engineer from the City Attorney which stated that the easement deed in this form could present problems to the City if Mr. Thayer later constructs on the easement itself. The City Manager stated that he agrees there is a risk involved in accepting this easement. He stated that Mr. Thayer is not the benefited property owner; the benefit property owners are those people on N.E. 19th Street whose homes have flooded during heavy rains. The City has determined a way to put in a relief line and drain the water but this would require the easement from Mr. Thayer. There are many risks but he feels the risk is greater for property damage to the homeowners by not accepting the conditions to the easement. At this point the roll was called to the motion. 33. Portable Aluminum Bleachers. Council is to consider au- thorizing award of a contract to the low bidder, Hunter Knepshield Company, in the amount of $9,451.04, with funds to come from the 1982-83 budget. Approval is recommended. Mr. Jackel questioned whether these bleachers are really necessary and if this is a line item in the budget. He stated that at present the Parks and Recreation Department is running over budget and he feels that they can save some money by not awarding a contract for something that is more of a luxury than a necessity. Mayor Young stated that this is one of the items in the budget which he personally felt. was an expenditure that could well be eliminated. - 11 - 4/12/83 Mr. Perry stated that on a Saturday when they have soccer games being played in the parks there are a lot of people who find they have to sit on the grass; that is when there is a need for bleachers. Mr. Bird moved to award the contract to the low bidder, Hunter Knepshield Company, in the amount of $9,451.04, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Campbell - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young - No. Said motion FAILED by a 3 to 2 vote. 34. Water Service Outside City - 2519 North Federal. Council is to consider a request for water service outside the City from Rose- kin, Inc., DBA Le Petit Chalet. Subject property is within the water service area, but outside the City limits and not contiguous. Approval is recommended. Mr. Bird moved to approve water service to Rosekin Inc., seconded by Mr. Jackel. Said motion passed unanimously. 35. Reduction in Retainage for Lift Stations 50 and 80. Coun- cil is to consider allowing a reduction in retainage from 10% to 5% plus added current liquidated damages for authorized payment of $30,355.01 for Lift Station 50 and $32,537.16 for Lift Station 80 to Boyle Con- struction Company, Inc. Approval is recommended. Mr. Pontek stated that this item is being brought before Council because it is not an uncommon practice to reduce the retainage when the two lift stations are approximately 90% complete. The problem at this time is that the contractor is behind his agreed schedule and they have a provision in the contract agreement for $100 per day as liquidated damages. There is still money left in the contract but at this point in time it is reasonable for the contractor to request the reduction. The payment was really $45,000 for lift station 50 and $47,000 for lift station 80. He is recommending that they take 150 days of liquidated damages at $100 per day and withhold that amount from the contractor in addition to the 5% that they would be holding. Mr. Bird moved to approve payment subject to a 5% retainage and retainage in addition to that of $15,000 liquidated damages, sec- onded by Mr. Perry. Said motion passed unanimously. 36. Opposition to Senate Bill 38 relative to Certification of Building Inspectors. Resolution No. 26-83, opposing the proposed Senate Bill 38 relative to certification of building inspectors and the payment of fees for examinations and certification, is before Council for consideration. The City Manager presented Resolution No. 26-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING PROPOSED SENATE BILL 38. (Copy of Resolution No. 26-83 is on file in the official Resolution Book) Mr. Perry moved for the adoption of Resolution No. 26-83, seconded by Mr. Jackel. Mr. Bird stated that he would like to amend the resolution to insert an objection to House Bill 397 as well as Senate Bill 38. Mr. Bird moved for the adoption of Resolution No. 26-83 with the addition of "and House Bill 397" placed after Senate Bill 38, sec- onded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 37. Ordinance No. 26-83 - Licenses. Ordinance No. 26-83, amending Chapter 15 "Licenses" of the Code of Ordinances relative to occupational licenses for merchants, druggists and storekeepers, is before Council for consideration on First Reading. - 12 - 4/12/83 The City Manager presented Ordinance No. 26-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, "LICENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 15-11, "SCHEDULE OF TAXES" SUB- , PARAGRAPH (180), "MERCHANTS, DRUGGISTS AND STOREKEEPERS" AND ENACTING A NEW SUBPARAGRAPH (180), "MERCHANTS, DRUG- GISTS AND STOREKEEPERS" TO SET THE LICENSE TAX FOR SAME AT $80.00 PER YEAR; TO PROVIDE A SAVING CLAUSE; TO PRO- VIDE AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 26-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Mayor Young declared the meeting adjourned at 10:10 P.M. ~ /~ City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of April 12, 1983, which minutes were for- mally approved and adopted by the City Council on ~c~ ~ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 13 - 4/12/83