Loading...
04-26-83 APRIL 26, 1983 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor ¥~illard V. Young in the Council Chambers at City Hall at 7:05 P.M., Tuesday, April 26, 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 Pastor Gerald Dingman, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Jackel moved for approval of the minutes of the regular meeting of April 12, 1983, seconded by Mr. Bird. Said motion passed unanimously. 5.a.1. Mr. Seymour Jacob, 13037 Via Vesta, asked that Council consider making it mandatory that all parking lots post signs showing the direction of traffic flow. Also, he noted that there are handi- capped people who cannot find parking spaces because the parking areas are not adequately patrolled by the Police Department. He advised that tonight on Channel 7 at 6:20 P.M., there was an announcement made that the City of Lauderhill now has a $150 fine for anybody parking in a handicapped space without a permit. He requested that this City Council give orders to its Police Department to get a little tougher. Mayor Young requested that the City Manager take this matter up with the Chief of Police. 5.a.2. Mr. Mortimer Rowe, 3001 Lowson Boulevard, asked if any con- sideration has been given to extending the time to receive bids for the City's group insurance. The City Manager advised that the problem they ran into is that the rates they have to pay go up on the 1st of June. If Council chooses, they could extend the time limit by 30 days, but they would then be liable for the significant increase to their health and life insurance premiums on June 1st. Upon question by Mr. Rowe, the City Manager advised that the policy continues automatically at the higher rate. Mr. Rowe advised that he is in the insurance business and he has presented three sets of specifications to three major carriers; two out of the three major carriers, who are known to write municipalities at a lower premium, told him that there is no way they could get a bid back by May 17th. This is why he is asking if there is a possibility of extending that date. He does not think that Council will have a lot to choose from in order to get a competitive bid. Upon question by Mr. Jackel, Mr. Rowe stated that they would like a month but he feels two weeks would be enough time. Upon question by Mr. Bird, Mr. Rowe advised that it takes two weeks to put a policy into effect. Mr. Bird stated that he is prepared to pay that additional cost for one month if that will get them more and better bids; Mayor Young agreed. Upon question by Council, the City Manager advised that all bids are due on May 17th and, although they have had an overwhelming response from agents picking up specifications, they do not know how many bids they will have on that date. Mr. Bird moved that the invitation for bids be extended to the last Tuesday in May, May 31st, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - No; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call, upon question by Mr. Bird, the City At- torney advised that he believes they can do it without advertising again but he cautioned that any kind of a motion has to be tentative because of their bargaining unit problem. He further advised that it may be appropriate to address what they plan to do for the next month's deduc- tion, A2 on the agenda addendum. Mr. Bird stated that he would take the recommended action at the appropriate time. The City Attorney stated that they would pay for whatever the difference is between what they collect and what the total bill is. Employee coverage and depend- ent coverage would continue to be paid solely by the employee who elects it subject to notification of the collective bargaining units. At this point the roll was called to the motion. 5.a.3. Mr. Jesse Brainard, 811 S.E. 3rd Avenue, advised that he and his wife are residents who leave the City for a few months during the summer. He is recommending that Council arrange a fee schedule for garbage pickup applicable only to City property owners who are absent for two months or more and who, upon written notice to the City before- hand, will be billed a modest standby charge each month. He feels it is unfair to levy full charges upon absent property owners for services they will not need nor use during their absence. He added that a simi- lar arrangement would be welcome that would lower the monthly charges levied for water and sewer, neither of which are used during their absence. Mayor Young advised that they are having a meeting on the garbage and trash issue this week and this will be taken under con- sideration at that time. 5.b.1. Mr. Jackel reported on the Lake Ida Road landscape restora- tion. As of last Wednesday, immediately after their meeting, the flurry of activity which he described last week disappeared and practically nothing was done for the past week along Lake Ida Road. 5.b.2. Mr. Bird stated that there was a recent newspaper article concerning a greater spirit of cooperation between the City and their neighbors to the West of the City. Because of their involvement as a community and the help of the School Board, they had about 230 children who had a chance to go to the Shrine Circus. These children were prin- cipally from households which probably would not have afforded that $4.50 per person to go. He asked for Council consideration in sending the Amara Shrine and Mr. A1 Rivelas some official recognition of their contribution and effort and to also send a formal thank you to the Palm Beach County School Board. Mr. Bird added that the Attaboys for Plumosa should be directed to Jim Rider and Mrs. Duffy. Mayor Young concurred with Mr. Bird's suggestion and re- quested that the City Manager see that this matter is taken care of. 5.b.3. Mr. Bird asked for an update regarding the planting at the SCRWTD Board. Mr. Robert Pontek, Utilities Director, advised that they have the water lines installed and are able to water. They are going to increase the number of plantings from 250 to 300 and they need to get some prices so they can move ahead. Upon question by Mr. Bird, Mr. Pontek advised that he feels they can have that available within two weeks. - 2 - 04/26/83 Mr. Bird stated he recalls some months back there was a plan presented to this Council and to the Sewer Board for plantings in and around the Administration building and the area to the southwest of it; a budget figure had been discussed. Mrs. Nancy Davilla, Horticulturist, advised that she did have a budget figure of $18,000 but she does not recall them ever saying where the funding was going to come from. It was the consensus to set a two week time frame on this project. 5.b.4. Mr. Campbell stated that there are four areas he is con- cerned about and will be bringing up: (1) The improving and upgrading of Linton Boulevard; (2) The refurbishing of Atlantic Avenue; (3) They need to try to maintain home and property values all through town, but parti- cularly along the Swinton Avenue access where he has seen considerable deterioration in the last several years; (4) The Department of Education in Tallahassee has recommended the closing of Delray Beach Elementary School which is located right in the center of town. He would rather see a relocation of an elementary school somewhere in the western por- tion of the community, west of 1-95. He would like them to start think- ing about what they could do with this property in the center of their community. He feels that one of the things Delray Beach needs is a Community Center. 5.b.5. Regarding Atlantic Avenue, Mayor Young stated that he has been working with the Chevrolet agencies in West Palm Beach, Boynton Beach, Delray Beach and Boca Raton and they have come to an agreement that part of the advertising they now are using, either newspaper or television, they are going to donate to the respective cities in which their agencies are located to be used for public purposes. One of the suggestions he has made and which they have accepted, is that Atlantic Avenue be upgraded by the planting of trees and things of that type. Mr. Jackel stated that he had a long discussion with Matt Gracey, Jr., yesterday and he is going forward in his work to beautify Atlantic Avenue. 5.b.6. Mayor Young presented and read a proclamation proclaiming the week of May 16 - 23, 1983, as "Temple Sinai Week". 5.b.7. Mayor Young presented and read a proclamation proclaiming the month of May, 1983, as "American Business Women's Association Scho- larship Month". 5.b.8. Mayor Young presented and read a proclamation proclaiming the week of May 8 - 14, 1983, as "Hospital Week". 5.c.1. The City Attorney stated that before Council approves the submission of the grant application, Item #12 of the Consent Agenda, he wanted to point out that the conditions that are set forth in Section Nos. 12 and 17 are similar to the problems they have had with their beach renourishment funding. It requires a 25 year maintenance program as well as open and equal access. 5.c.2. The City Attorney advised that they are requesting Council authorization to appeal to the Fourth District Court of Appeal, assuming their post-trial motions are unsuccessful in the Shilanda Watts case, the judgment that was rendered last Friday in the case, which was not favorable to the City. Mr. Bird moved to authorize the filing of appeal, seconded by Mr. Jackel. Said motion passed unanimously. 6. Mayor Young requested that Item 12 be taken off the Consent Agenda and be scheduled as the first item of business following the Consent Agenda. The City Manager advised of a correction to agenda Item 33; it should read "denial", not approval. Mr. Perry moved for agenda approval with Item 12 being pulled from the Consent Agenda and placed as the first item on the regular agenda and with the wording change to agenda Item 33, seconded by Mr. Bird. Said motion passed unanimously. - 3 - 04/26/83 PUBLIC HEARING 7. Ordinance No. 20-83 - DeRubis Annexation. Ordinance No. 20-83, relative to annexing a 0.26-acre parcel, subject to R-1AA (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 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. 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, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, ~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 OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 20-83 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. Bird moved for the adoption of Ordinance No. 20-83 on Second and Final Reading, seconded by Mr. Perry. 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. 21-83 - Pylon Annexation. Ordinance No. 21-83, 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 Second and FINAL Reading. This was approved by a unanimous vote of the Plan- ning and Zoning Board. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. 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, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 21-83 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. 21-83 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. - 4 - 04/26/83 9. Ordinance No. 26-83 - Licenses. Ordinances 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 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. 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", SUBPARA- GRAPH (180), "MERCHANTS, DRUGGISTS AND STOREKEEPERS" AND ENACTING A NEW SUBPARAGRAPH (180), "MERCHANTS, DRUGGISTS AND STOREKEEPERS" TO SET THE LICENSE TAX FOR SAME AT $80.00 PER YEAR; TO PROVIDE A SAVING CLAUSE; TO PROVIDE AN EFFECTIVE DATE. (Copy of Ordinance No. 26-83 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. Mr. Ken Ellingsworth, Chamber of Commerce, thanked members of Council and the Administration for supporting this ordinance. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 26-83 on Second and FINAL Reading, seconded by Mr. Perry. 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: 10. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of April 14, 1983. Council is to consider ratification of SC~TD Board action authorizing Russell & Axon to do plant expansion study. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. 11. ¥~ter Service Outside City - 2650 South Federal Highway. Council is to consider a request for water service outside the City from Econo Serv Rent A Car, Inc. The subject property is within the water service area, but outside the City limits and not contiguous. Approval is recommended. 13. Conditional Use - St. Vincent Ferrer Catholic Church School Addition. Council is to Consider approval of conditional use for St. Vincent Ferrer Catholic School for a proposed addition to the existing attendant educational facilities, located south of N.E. 8th Street, between Palm Trail and N.E. 8th Avenue. The Planning and Zoning Board approved this by a unanimous vote subject to the following conditions: (1) Engineering Division's memorandum of April 14, 1983. (2) That the only conditional use to be permitted here- under is as follows: Church or place of worship, and its attendant educational, child care, recreational, and columbarium facilities; - 5 - 04/26/83 (3) That development of this site be completed in ac- cordance with the approved site plans re: St. Vincent Ferrer Catholic Church School Addition, Delray Beach, Florida, prepared by O'Brien, Suiter & O'Brien, Inc., Engineers, Surveyors, Land Planners, 2601 N. Federal Highway, Delray Beach, FL 33444, Sheet No. 1 dated February 18, 1976; and prepared by Mangus Nursery & Landscape Co., Inc., 5472 Steiner Road, Boynton Beach, FL, Sheet No. 2 dated March 1983; and prepared by Blair Construction, 32 S.E. 2nd Avenue, Delray Beach, FL 33444, Sheet No. 3 dated March 1983; and prepared by Clyde Davenport, Architect, B-7 Bamboo Drive, Briny Breezes, FL, Sheet No. 1 of 15, dated January 1983; and prepared by Malek & Associates, Consulting Engi- neers, Land Planners, Land Surveyors, 100 E. Linton Boulevard, Delray Beach, FL 33444, Sheet Nos. 2-15 of 15, dated January 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, (4) That development of this project be completed within twelve (12) months in accordance with Sec. 30-21(E). 14. Site and Development Plan - Mayfair. Council is to consider approval of the site and development plan for Mayfair, a proposed gen- eral commercial project, located north of S.E. 9th Street, if extended east, between S.E. 6th Avenue and the Intracoastal Waterway. The Plan- ning and Zoning Board approved this by a unanimous vote subject to the following conditions: (1) Engineering Divisions's memorandum of April 13, 1983. (2) Director of Public Utilities' memorandum of April 15, 1983. (3) City Horticulturist's memorandum of April 11, 1983. (4) That the uses for this project be restricted to those allowed as permitted uses at Sec. 30-11(B) of the zoning code and for which the parking requirements do not exceed five spaces per one thousand square feet of total floor area. The purpose of this condition is to exclude uses that may be allowed in Sec. 30-ii(B), but for which parking has not been planned (e.g. restau- rants, cafes, snack shops, night clubs, bars, and lounges); (5) That a continuous and unbroken wall six feet in height be placed on the eastern boundary line to separate this project from the adjoining residential develop- ment; (6) That development of this property be in accordance with the approved site and development plans re: Mayfair, Delray Beach, Florida, prepared by Lawrence D. Kramer, Architect, P.A., 7501 N.W. 4th Street, Suite 207, Plantation, FL 33317, Sheet Nos. SP-1, SP-2, SP-3, and A-I, dated March 2, 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 (7) That the time limitation of this approval be eighteen (18) months in accordance with Sec. 30-22(E). 15. Site and Development Plan - Southridge Condominium. Council is to consider approval of the site and development plan for Southridge Condominium, a proposed 37 unit multiple family project, located at the northeast corner of Linton Boulevard and S.W. 8th Avenue, if extended south. The Planning and Zoning Board approved this by a unanimous vote subject to the following conditions: (1) Assistant City Engineer's memorandum of April 12, 1983. (2) Fire Marshall's memorandum of April 12, 1983. (3) That development be completed in accordance with the approved site and development plans re: Southridge Condominium, Delray Beach, Florida, prepared by Russell - 6 - 04/26/83 C. Chase, Architect, Inc., 734 West Las Olas Boulevard, Fort Lauderdale, FL 33312, Sheet Nos. A-l, A-2, PE-1, A-3, and A-4, dated April 4, 1983; all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this ap- proval; and (4) That the time limitation of this approval be eighteen (18) months in accordance with Sec. 30-22(E) of the zoning code. 16. Site and Development Plan - Southrid~e Village Condominium. Council is to consider approval of the site and development plan for Southridge Village Condominium, a proposed 35 unit multiple family project, located north of Linton Boulevard, between S.W. 8th Avenue and S.W. 10th Avenue, if extended north. The Planning and Zoning Board approved this by a unanimous vote subject to the following conditions: (1) Engineering Division's memorandum of April 12, 1983. (2) Director of Public Utilities' memorandum of April 15, 1983. (3) Fire Marshal's memorandum of April 12, 1983. (4) That building permits for the buildings [A, B, C, & D] not be issued until such time as the water moratorium is lifted and the fire line to the hydrant on Sundy Avenue is tested and placed into service; (5) That development be completed in accordance with the approved site and development plans re: Southridge Village Condominium, Delray Beach, Florida, prepared by Russell C. Chase, Architects, Inc. 734 West Las Olas Boulevard, Fort Lauderdale, FL 33312, Sheet Nos. A-i, A-2, A-3, A-4, and PE-1, dated April 4, 1983; all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval; (6) That the time limitation of this approval be eighteen (18) months in accordance with Sec. 30-22(E) of the zoning code; and, (7) That the commencement of the period referred to in item six above begin either upon receiving final plat approval from the Delray Beach City Council, or upon the revocation of the water moratorium by the Palm Beach County Health Department, whichever comes first. 17. Rezoning Request - North of N.W. 7th Street, between N.W. 6th Avenue and N.W. 8th Avenue (Beulah G. DeRubis, applicant). Resolu- tion No. 28-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from SF (Single Family Dwelling) (County) to R-1AA (Single Family Dwelling) (City), is before Council for consideration. The caption of Resolution No. 28-83 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 RS (SINGLE FAMILY RESIDENTIAL) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 28-83 is on file in the official Resolution Book) 18. Rezonin~ Request - East of Military Trail, between Lake Ida Road and Atlantic Avenue (Pylon Medical Associates, Ltd., applicant). Resolution No. 30-83 requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from CS (Specialized Commercial)(County) to MF-6 (Multiple Family Dwelling)(City), is before Council for consideration. - 7 - 04/26/83 The caption of Resolution No. 30-83 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 CS (SPE- CIALIZED COMMERCIAL) DISTRICT TO THE CITY'S ZONING CLAS- SIFICATION SAD (SPECIAL ACTIVITIES DISTRICT). (Copy of Resolution No. 30-83 is on file in the official Resolution Book) 19. Park and Easement Abandonment - Homewood Lakes, Section C. Resolution No. 31-83, abandoning the park between Lots 1, 2, 3, 23, 24 and 25 in Section C, Homewood Lakes and a 10-foot utility easement on the rear line of these lots, located at the southwest corner of West Atlantic Avenue and Homewood Boulevard, is before Council for considera- tion. The Planning and Zoning Board approved this by a unanimous vote subject to the following conditions: (1) That a new 10 foot utility easement be provided run- ning north to south separating Lots 23, 24 and 25 from Lots 1, 2 and 3, Block 3, Section C, Homewood Lakes. (2) That any costs incurred for replacing the existing 200 pair cable and terminals belonging to Southern Bell, including surveying, be paid by the petitioner. (3) That the 10 foot wide strip of land adjacent to the right-of-way of S.W. 3rd Street between Lots 1 and 25 be retained for the installation and maintenance of the buried facilities belonging to Florida Power and Light. The caption of Resolution No. 31-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PARCEL OF LAND LYING WITHIN HOMEWOOD LAKES, SECTION C, KNOWN AS TRACT F, ALONG WITH THE 10 FOOT UTILITY EASEMENT ALONG THE WEST 10 FEET OF LOTS 1 THROUGH 3, BLOCK 3 AND THE EAST 10 FEET OF LOTS 23 THROUGH 25, BLOCK 3, HOMEWOOD LAKES, SECTION C, ALL AS RECORDED IN PLAT BOOK 44, PAGES 196 AND 197 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 31-83 is on file in the official Resolution Book) 20. Dual Taxation. Resolution No. 32-83, petitioning the Palm Beach County Board of Commissioners to provide relief from property taxes to finance services rendered for the benefit of the property or residents of unincorporated areas of Palm Beach County, is before Coun- cil for consideration. The caption of Resolution No. 32-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PETITIONING THE BOARD OF COUNTY COM- MISSIONERS OF PALM BEACH COUNTY, PURSUANT TO SECTION 125.01(6)(a) AND (7), FLORIDA STATUTES (1981), TO PROVIDE RELIEF FROM TAXES U~LAWFULLY LEVIED UPON PROPERTY SITUATE %~ITHIN THE CITY OF DELRAY BEACH TO FINANCE SERVICES RENDERED SPECIALLY FOR THE BENEFIT OF THE PROPERTY OR RESIDENTS OF UNINCORPORATED AREAS OF PALM BEACH COUNTY BY REMITTING TO THE CITY OF DELRAY BEACH THE IDENTIFIED COST OF SUCH SERVICES LEVIED AND COLLECTED DURING THE 1977-78, 1978-79, 1979-80, 1980-81, 1981-82, AND 1982-83 FISCAL YEARS, AND BY FINANCING SUCH SERVICES FROM REVENUES DERIVED SPECIFICALLY FROM OR ON BEHALF OF A MUNICIPAL SERVICE TAXING UNIT, SPECIAL DISTRICT, UNINCORPORATED AREA, SERVICE AREA OR PROGRAM AREA, OR BY ANY OTHER LAWFUL METHOD, DURING THE 1983-84 FISCAL YEAR; AND FOR OTHER PURPOSES. - 8 - 04/26/83 (Copy of Resolution No. 32-83 is on file in the official Resolution Book) 21. Commending the Achievements of a Scandinavian Exchange Student. Resolution No. 34-83, commending Henrik Ryden for his achievement for having participated in the American Scandinavian Student Exchange Pro- gram, is before Council for consideration. The caption of Resolution No. 34-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE ACHIEVEMENTS OF A SCANDI- NAVIAN EXCHANGE STUDENT RESIDING IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 34-83 is on file in the official Resolution Book) 22. Commending the Achievements of a Scandinavian Exchange Student. Resolution No. 35-83, commending Marie Liljeberg for her achievement for having participated in the American Scandinavian Student Exchange Pro- gram, is before Council for consideration. The caption of Resolution No. 35-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE ACHIEVEMENTS OF A SCANDI- NAVIAN EXCHANGE STUDENT RESIDING IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 35-83 is on file in the official Resolution Book) 23. Commending the Achievements of a Scandinavian Exchange Student. Resolution No. 36-83, commending Caroline O'Konor for her achievement for having participated in the American Scandinavian Student Exchange Program, is before Council for consideration. The caption of Resolution No. 36-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE ACHIEVEMENTS OF A SCANDI- NAVIAN EXCHANGE STUDENT RESIDING IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 36-83 is on file in the official Resolution Book) 24. Commending the Achievements of a Scandinavian Exchange Student. Resolution No. 37-83, commending Fredrik Kullenberg for his achievement for having participated in the American Scandinavian Student Exchange Program, is before Council for consideration. The caption of Resolution No. 37-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE ACHIEVEMENTS OF A SCANDI- NAVIAN EXCHANGE STUDENT RESIDING IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 37-83 is on file in the official Resolution Book) 25. Commending the Achievements of a Scandinavian Exchange Student. Resolution No. 38-83 commending Anders Kapstad for his achievement for having participated in the American Scandinavian Student Exchange Pro- gram, is before Council for consideration. - 9 - 04/26/83 The caption of Resolution No. 38-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE ACHIEVEMENTS OF A SCANDI- NAVIAN EXCHANGE STUDENT RESIDING IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 38-83 is on file in the official Resolution Book) 26. Commendin~ the Achievements of a Scandinavian Exchange Student. Resolution No. 39-83, commending Karsten Frederiksen for his achievement for having participated in the American Scandinavian Student Exchange Program, is before Council for consideration. The caption of Resolution No. 39-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE ACHIEVEMENTS OF A SCANDI- NAVIAN EXCHANGE STUDENT RESIDING IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 39-83 is on file in the official Resolution Book) 27. Commendin~ the Achievements of a Scandinavian Exchange Student. R~solution No. 40-83, commending Sami Taalas for his achievement for having participated in the American Scandinavian Student Exchange Pro- gram, is before Council for consideration. The caption of Resolution No. 40-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE ACHIEVEMENTS OF A SCANDI- NAVIAN EXCHANGE STUDENT RESIDING IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 40-83 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda with the exception of Item 12, seconded by Mr. Bird. Said motion passed unani- mously. Mr. Perry stated that he has asked that these resolutions be passed as a note of thanks from the City of Delray Beach to these Scan- dinavian students, who have spent an academic year in homes in Delray Beach. He congratulated the students and thanked the parents in Delray Beach who housed them. He stated that these students come here, not only to go to school, but to learn about the American way. Hopefully, in years to come they will become leaders in their various countries and will reflect on some of the lessons they have learned here. The stu- dents came forward to accept their resolutions which were presented to them by Mayor Young. REGULAR AGENDA 12. Submission of Grant Application for Development of Barwick Park. Council is to consider authorizing submission of grant applica- tion to Florida Department of Natural Resources for Florida Recreation Development Assistance Program in the amount of $200,000 for development of Barwick Park. Mr. Jackel expressed concern over the fact that this park will be open to the general public. He also referred to 2 of the 10 criteria for the judging of the application. One asks if the applicant demonstrated effectiveness in obtaining public participation in the selection and support for the project requested. To his knowledge, there is not full support for this. A second criterion regards the applicant's commitment of resources beyond the required matching contri- $200000; bution. Mr. Jackel advised that_thel0 grant_ they are seeking is4/26/'308 if it should come to more than that figure, they will have to pay the difference. He stated that he would like to see this park built but needs a great deal more information before they take the first step. The City Manager advised that the action requested tonight is simply to apply for the grant; it is not a commitment on the part of Council to accept the funds. They would expect a commitment from the State sometime around the middle of July at which time Council would be asked to commit. Regarding the conditions outlined, he and the City Attorney feel the most potentially onerous of these is ~17 which re- quires the City to maintain the facility open to the public without distinction as to where they live for a set period of time. This is a policy matter for Council to decide on. Further, as he understands it there is only a single project element involved, development of the park. The plan that was referred to is not a final plan; it is a simply a concept. With the maximum amount they can apply for, $200,000, they could not do everything shown in the plan; however finer estimates have to be made on this and they are not at that point yet. Mayor Young noted that the deadline for application is April 30th. If they do not exercise their opportunity to make application for this grant, they will have lost it forever. This park is sorely needed and he favors going ahead with it. Regarding the requirement to leave the park open to the general public, the City Manager pointed out that they have the alter- native to pay the money back and buy out of that requirement later on. Mr. Robert French, 131 Mockingbird Lane, stated that most of the retired residents of Country Manors are not opposed to public parks; however, they are concerned as to what kind of park will result from this grant. He presented the following list of questions: (1) what kind of recreation; active, or passive; (2) who will be its users; (3) how large a segment and what age levels are anticipated; (4) what will it look like; (5) will it be lighted; (6) what kind of parking is planned; (7) will it become an eyesore or will there be proper upkeep; (8) will nature trails and/or jogging paths be turned into speedways for dirt- bikes and other motorized vehicles; and (9) security. Mr. French noted that their major concern is security since the park will be in close proximity to them. They are concerned this park would provide unwanted types of recreatiOn and are fearful it could be a gathering place for those who are bent on serious mischief. Mr. Jackel advised that if this passes tonight, he intends to ask the City Manager to include in the development of this project a sociological study of the entire area. Mr. Francis Calman, N.W. 23rd Lane, stated that it is his understanding that Lake Ida Road is to be widened and he inquired as to the time frame between the widening of that road and the construction of the park. The park is going to generate more traffic and he feels that should be part of Council's consideration. Mr. Raymond Gerner, retired City employee, stated that he feels a patrolled park would eliminate most of the problems they now encounter in that area. Mrs. Debbie London, 3311 Avenue Serrant, spoke in favor of the park. She agreed there is a need for proper balance and feels that this park would ideally meet the needs of all age groups. She does not see security as a problem. ~.~en you have upgraded property that is being used and the public is there, it is a deterrent to crime and indecent activities. There are many volunteers in the community looking for places to have activities other than in the middle of the street. Upon question by Mr. Jackel, Mrs. London stated she feels that a park open to everyone is better than not having a park at all. She added that she feels some of the comments about detailed planning are inappro- priate at this time because they are in a conceptual phase. The Homeowners League of Chatelaine submitted to Council an opinion survey concerning the facilities at the proposed Barwick Park. - 11 - 04/26/83 Mr. Robert Miller, 17 N.W. 18th Street, responded to some of the comments made. He advised that the fencing of the park would re- solve the motorcycle problem and, as for security, the Fire Department is located right on that corner and is manned 24 hours a day. He has been involved with City recreation for a long time and he cannot foresee any problems with drugs, alcohol or other undesirable types of acti- vities. It is the concept of Barwick Park to be an open space, passive area with multi-purpose fields for a soccer team or a minor league baseball team to practice in the afternoon or a group to go out and have a picnic. It is not conceived to be a stadium type park with lights. In response to Mr. Jackel's concern, Mr. Miller advised that the people using Barwick Park will mainly be from Chatelaine, Country Manors, Rainberry, and downtown. He does not foresee a stampede of people from outside the boundaries of Delray Beach to use the park. Further, he does not feel that the maintenance of the park will be a problem. Mr. Perry moved to authorize the submission of the grant application, seconded by Mr. Jackel. Said motion passed unanimously. 28. St. Patrick's Day Parade. Mr. Bird moved to send a copy of the letter put together by Mr. Blair and the Parade Committee to the St. Patrick's Day Charity Fund, Inc., suggesting that Council would approve a date of March 17th and a time of 2:00 P.M. for next year, subject to their acceptance of the suggestions set forth in the enclosure to the letter, seconded by Mr. Jackel. Said motion passed unanimously. 29. 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. The City Manager advised that Council has been provided with traffic impact data as requested. In the opinion of the Traffic Engi- neering staff the traffic load to be generated by the Falls of Delray through the Dotterel Road extension would be fairly minimal, equivalent to one additional vehicle every 2% minutes during peak hour. They feel this is not a heavy impact and recommend approval. Mr. David Cohen, 501 Dotterel Road, expressed concern in having buildings built at the very edge of the road. He is aware that there are to be two buildings with 30 apartments on the site and he has been led to believe it will be a rental project. If that is the case, he feels that the traffic study does not hold much truth as to what will happen. He asked about egress and asked if there will be additional phases of this project. Further, he stated that the residents should be informed of any changes that might be made to their environment. Mr. Gerald Church, City Engineer, showed a slide of the property and explained that the only access to the tract is via Dotterel Road. The right-of-way they are discussing is a 60 by 60 proportion which would allow access coming in. They have attempted to discourage traffic coming down through Dotterel Road and so Dotterel remains a local road with minimum traffic. The impact of the traffic is 5% of the total traffic on the road which they see as no problem. Upon question by Mr. Jackel, Mr. Church advised that the property to the south of it is not owned by the same developer and this is the entire development, the only phase of this project. Mr. Church answered further questions from Council members regarding traffic. Mr. Campbell suggested %~en the final plat is approved that it be clear there can be no extension of the roadways further south. One way they can do that would be to create a limited access easement around the southern and eastern boundary of this property. Then the only way this could become two-phase as regards vehicular traffic would be for the developer to come back to Council to request easement aban- donment. Upon question by Mr. Jackel, Mr. Hurst, representative for the developer, advised that it is his understanding these units will be sold, not rented. - 12 - 04/26/83 Mr. Bird advised that he would support Mr. Campbell's sug- gestion when it comes time for final plat approval. Mr. Bird moved to accept the deed, seconded by Mr. Jackel. Said motion passed unanimously. 30. Appointment - PERC Commission. Mayor Young advised that he has not had an opportunity to pass along the names to Council and re- quested that this item be deferred to their next regular meeting. 31. Golf Cart Lease. Council is to consider authorizing execu- tion of a lease between the Delray Beach Country Club and Boylan Leas- ing, Inc., for the lease of 65 Yamaha golf carts from April 1, 1983 through October 31, 1983 at $85.00 per cart per month or $5,525.00 total per month, with funds to come from the 1982-83 budget. Mayor Young questioned the date of October 31, 1983. It was the consensus of Council to change that date to September 30, 1983. Mr. Jackel moved to authorize execution of the lease from April 1, 1983 through September 30, 1983, seconded by Mr. Perry. Said motion passed unanimously. 32. Ordinance No. 24-83 - Homewood Boulevard Realignment. Ordi- nance No. 24-83, relative to rezoning to RM-6 (Multiple Family Dwelling) District the property located at the southeast corner of Atlantic Avenue and the recently realigned Homewood Boulevard, is before Council for consideration on First Reading. If passed, Public Hearing will be held on May 10, 1983. The City Manager presented Ordinance No. 24-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY D%~LLING) DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND LOCATED IN THE ~ST ½ OF THE SOUTHWEST ¼ OF SECTION 18, TO¥'~SHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTHEAST CORNER OF ATLANTIC AVENUE AND THE RECENTLY REALIGNED HOMEWOOD BOULEVARD AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 24-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said ~otion passed with a 5 to 0 vote. Mr. Campbell stated that, as he recalls, when the Planning & Zoning Board had a public hearing on this realignment, they gave the assurance that it would remain residential as opposed to commercial. At that time they used the RM-6 as a compromise. Mr. Bird added there was considerable concern on the part of Mr. Church that if that property were to be developed that (1) there could be no provision for back-out traffic onto Atlantic Avenue and (2) he didn't want any back-out traffic onto the last several hundred feet of Homewood Boulevard. So the com- promise was that it had to become a self-contained community. The other assurance they received was that whatever density was selected, it would not exceed the current density. 33. Ordinance No. 25-83 - Changin~ the City's Land Use Plan Designation. Ordinance No. 25-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located at the southeast corner of Atlantic Avenue and the recently realigned Homewood Boulevard from SF (Single Family) to MF (Multiple Family), is before Council for consideration on First Reading. If passed, Public Hearing will be held on May 10, 1983. - 13 - 04/26/83 The City Manager presented Ordinance No. 25-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN THE WEST ½ OF THE SOUTHWEST ¼ OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTH- EAST CORNER OF ATLANTIC AVENUE AND THE RECENTLY REALIGNED HOMEWOOD BOULEVARD FROM SF (SINGLE FAMILY) TO MF-6 (MUL- TIPLE FAMILY); AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 25-83 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. 34. Ordinance No. 27-83 - Lago Annexation. Ordinance No. 27-83, relative to annexing a 0.29-acre parcel, subject to R-iA (Single Family Dwelling) District, located at the northeast corner of Barwick Road and Brandon Drive, is before Council for consideration on First Reading. If passed, Public Hearing will be held on May 24, 1983. The City Manager presented Ordinance No. 27-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 1, BLOCK 1, WINDWARD PALMS SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGE 239 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUND- ARIES 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. Bird moved for the adoption of Ordinance No. 27-83 on First Reading, seconded by Mr. Perry. 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. 35. Ordinance No. 28-83 - Lupo and Lembo Annexation. Ordinance No. 28-83, relative to annexing a 0.575-acre parcel, subject to MI (Medium Industrial) District, located south of the E-4 Canal, between Congress Avenue and the Seaboard Air Line Railroad, is before Council for consideration on First Reading. If passed, Public Hearing will be held on May 24, 1983. The City Manager presented Ordinance No. 28-83: 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 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 28-83 on First Reading, seconded by Mr. Perry. 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. - 14 - 04/26/83 Mr. Bird moved to change the agenda to include Addendum Items A1 and A2, seconded by Mr. Jackel. Said motion passed unani- mously. Al. Plumosa Park Restroom Facility. Council is to consider award of a contract for construction of the Plumosa Park Restroom Fa- cility to the low bidder, West Construction, Inc., in the amount of $28,579, with funds to come from the contingency fund. Mr. Campbell stated he noticed that the second lowest bid was given by a construction company that is located in Delray Beach. Because of the closeness of the bids, less than 5% differential, he suggests that in this case they accept the second lowest bid for two reasons: (1) the time completion element; and (2) when there is not a substantial difference in the bids he believes they can give other considerations such as public service, location and reputation. Mr. Campbell moved to award the contract to the second lowest bidder, seconded by Mr. Jackel. Before roll call the following discussion was had: Upon question by Mr. Bird, Mr. Dan Winters advised that they are trying to finish Plumosa Park in time for the summer recreation program. Mr. Bird asked if the plan, as originally presented to them, was completed. Mr. Winters advised that they have not finished the heart trail and the equipment has not come in yet. Mrs. Davilla stated that they did not pave the bike path around the big toy because the PTA decided it wasn't necessary. They installed dugouts around the players benches that weren't shown and the location of the proposed restroom was changed for better utilization of the multi-purpose field. Mrs. Davilla showed Council the new location for the restroom facility. The City Manager asked Council to state the source of funding in the motion. Mr. Campbell amended his motion to include that funds are to come from the Contingency Fund but are to be replaced from sale of City-owned land when they have funds in that account, seconded by Mr. Jackel. Said motion passed unanimously. The City Attorney stated that the reasons expressed by Council in rejecting the low bidder and accepting the second low bidder are primarily due to the time schedule within which the low bidder can complete the project and the known good reputation of that contractor, and it is not solely because they are a general contractor located within the City. Council concurred. Mr. Bird added that he would ask that the contractor improve upon his expected completion schedule since they will need those faci- lities about a month earlier. At this point the roll was called to the motion. A.2. Group Health and Life Insurance. Council is to consider directing staff to deduct an additional $20.00 per month per covered employee for dependent coverage. Mr. Bird moved to direct the staff to deduct an additional $20.00 per month per covered employee for dependent coverage, for one month, seconded by Mr. Jackel. Said motion passed Unanimously. Mayor Young declared the meeting adjourned at 9:25 P.M. ATTEST: ~ MAYOR - 15 - 04/26/83 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 26, 1983, which minutes were for- mally approved and adopted by the City Council on ~ /~/ ~'~3- NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 16 - 04/26/83