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05-24-83 MAY 24, 1983 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Arthur Jackel in the Council Chambers at City Hall at 7:00 P.M., Tuesday, May 24, 1983. 1. Roll call showed~ Present - Council Member Malcolm T. Bird Council Member Doak So Campbell Council Member Edward L. Perry Vice-Mayor Arthur Jackel Absent - Mayor ~illard V. Young (in New York City for Bond signing) Also present were - City Manager Gordon D. Tiffany, and Assistant City Attorney Richard L. Carlson 2. The opening prayer was delivered by Reverend Lewis A. Myers, St. Paul A.M.E. Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the regular meeting of May 10, 1983, seconded by Mr. Perry. Said motion passed unanimously. 5.a.1. Mr. Robert Stump, Coalition for Good Government, asked to be permitted to put to rest the rumor that their organization is out to get the City Manager. He further stated that there is a growing concern in the community that their City government is adrift in a sea of uncer- tainty and indecision and if this condition is not soon corrected, the situation will continue to deteriorate with the residents being the ultimate losers. They believe the time has arrived for the City Council and the City Manager to get their heads together for the purpose of: (1) arriving at some mutual understanding or agreement about the separa- tion of powers between the City Council and the City Manager; and (2) engaging in some fruitful dialogue as to what they perceive as the current, intermediate and long range problems confronting our City and then to establish a priority list and a time schedule relative to that. Mr. Stump added that some of the things they would like to see included on a proposed agenda are: (1) how to further restructure and streamline the City government to provide for better planning, controls, communication and utilization of personnel; (2) a review of their capital improvement program with regard to: (a) the replacement of City vehicles; (b) the repair and paving of City streets; (c) the enlargement of the City water and sewage treatment plants; (d) the maintenance and equipping of City parks and recrea- tional facilities; (e) the beautification and maintenance of the major thorough- fares, including median strips within the City limits; (3) a more simplified and meaningful budget process that would provide City officials with more updated information and a better oversight of City operations; (4) the beefing up of their Code Enforcement which, at the moment, is almost nonexistent; (5) the appointment of an Assistant City Manager to relieve the City Manager from routine day-to-day administrative chores so he can concentrate more on planning and execution; (6) the City Manager and the City Council becoming more actively involved in addressing the County pocket issue instead of relying upon lower echelon City employees and public spirited individuals to carry the load; (7) the adoption of a plan to assist the Clean Community System to clean up the trash and debris now littering their streets and vacant lots. Mr. Stump added that they would like to go on record as siding with the City Planning and Zoning Board who feel the City Council has made too many decisions of late based on bending the rules to ac- commodate certain private interest groups. This practice must cease as Council is establishing some bad precedents which may later come back to haunt the Council and the City. 5.a.2. Mr. James Chapman, 954 Eve Street, submitted the following letter with attachments to Council: "Dear Sirs, We wish to install two davits for lifting a 25' boat at 954 Eve Street as attached survey in black. We have 30.70' on either side of the existing dock, to property line. We are asking relief from 9-532(b) ordinance pertaining to property line set back. We need to place the west concrete foundation on the property line. The adjoining property owner Mr. Albert J. Gresh on this west side has agreed to this as letter with his signature shows." Yours Truly James E. Chapman General Contractor The City Manager stated that it appears that the procedure set out by the City Code is that the matter is first referred to the City Engineer for his recommendation and then comes before the City Council for a decision. They will follow that procedure and it will be on the first agenda where space is available. 5.a.3. Mr. David Cohen, Delray Beach Democratic Club, proposed that the City Council amend its Code of Ordinances relating to the procedures of the Planning and Zoning Board so that prior to any regular or special meeting of that Board, the agenda will be published in a newspaper of general circulation no later than three days prior to such meeting. The purpose of this change is to allow full citizen knowledge and partic- ipation in the actions of the Board and Council. Mrs. Phyllis Plume asked for permission to speak after Item 5.b. of the agenda. 5.a.4. Mrs. Elfreida Forbell, Rainberry Woods, asked if High Point and Country Manors will be exempt from the new garbage system and asked why the City feels a need to have four different types of collection. Further, she asked what their type of pickup will be and what the charges are going to be for large pieces. Vice-Mayor Jackel advised that High Point and Country Manors are coming into the City as of January 1st. The type of pickup for Rainberry Woods will be curbside with their own containers. Further, he advised that they expect the system to work very well and residents will find that their charges will be less than they have been. Mrs. Forbell stated that she understands that anything larger than a garbage pail will be picked up at an extra charge and she feels this is unfair. Vice-Mayor Jackel advised that there is a fee for a very large pickup; however, if she feels this is unreasonable she is at liberty to call on anyone else to haul it. 5.a.5. Mr. Preston %~ight, 324 N.W. 3rd Avenue, spoke regarding a code violation on his guest cottage and advised that when his family was no longer using the cottage, he rented it out. He added this is a situation which exists all over the City. Mr. Ray Ricker cited him on this violation and he (Mr. Wright) feels that if Mr. Ricker is not going to cite all the others, he should not be cited either. - 2 - 05/24/83 The Assistant City Attorney advised that the violation is apparent from what has been presented to the Code Enforcement Board. Mr. Wright's only remedy can be a change in the ordinance, so the advice of that Board was to bring it up before Council. He feels this item would be more appropriately addressed as a workshop item. Upon question by Mr. Bird, the Assistant City Attorney stated that no penalty has been assessed as of this time but if the violation continues, he will be assessed a penalty. The City Manager suggested that it might be appro- priate to refer this matter to the Planning and Zoning Board. Upon question by the City Manager, Vice-Mayor Jackel sug- gested sending it to the Planning and Zoning Board first if that is the proper procedure. 5.b.1. Mr. Perry reported that they have a problem with the lack of A.L.S. service on the beach and he may have a solution to that problem. An administrative decision was made along with a Council decision some- time between their addressing the proposed annual budget and the final approved budget. This past year they took away at least $16,000 for two chassis for A.L.S. vehicles and he has been led to believe that at least one of those was meant for Fire Station #2 at the beach; however, now he is assured that if they were to take a pumper and adapt it to a combina- tion pumper/A.L.S, vehicle that it could be done for something less that $10,000, including the cost of the personnel to man it just by the promotion of one man from a firefighter to a paramedic. It looks as if this thing could be gotten off the ground within the next few weeks, at least on a part-time basis. Mr. Perry asked that they workshop this when they get the figures from the Fire Department and also asked that when they discuss this that they do not look into taking vehicles away from a station to use part-time in another station. Mr. Bird stated that one of the limitations on the use of a pumper in the beach area is an inability to take a pumper into some of the areas they need to get close to for the rendering of A.L.S. He would be interested in looking, as an alternative, at what the cost would be to get a mini-attack truck which would be, essentially, no bigger than their current A.L.S trucks with a limited fire fighting capability. It was the consensus of Council to have this item on the June 7th workshop agenda. Mrs. Elizabeth Matthews, 1024 White Drive, referred to the comments made by Mr. Perry and pointed out that Mayor Young and former Councilman Blair were not aware that they had no A.L.S. service on the beach. 5.b.2. Mr. Jackel stated that last week he made a comment about the Golf Advisory Board which he later regretted. He learned since then that some new members and a new Chairman have been appointed to that Board. He apologizes to anyone on that Board, the old Board and the new Board, if he offended them. It was unintentional and he will try to see that it does not happen again. He added that he intends to be much more concerned with the golf course than he has been in the past. 5oa.6. Mrs. Phyllis Plume, Golf Advisory Board Chairman, thanked Mr. Jackel for his apology to the Board and stated that at last week's workshop the Board was deeply offended by the comments made. She out- lined the history of the Golf Advisory Board and the duties as spelled out in a memo from the City Manager. She added that the City Manager went to great lengths to make sure all golfers were represented on the Board; from the very beginning, each person who was asked to serve represented a segment, of the golfers. She further stated that 98% of their time is spent on issues other than the operation of the restau- rant. Mrs. Plume invited members of Council to attend any of their meetings and advised that they meet on the 2nd Wednesday of every month at 7:00 P.M. in the Council Chambers. - 3 - 05/24/83 Mr. Bird stated that a couple of years ago, it was the deci- sion of Council that the operation of the golf course be a purely Ad- ministrative matter. While he disagreed with that, he was willing to abide by it and unless this Council chooses to reverse that decision, it will continue to be an Administrative con~ern. 5.c. There were no Non-Agenda items by the Assistant City At- torney. 5.d.1. The City Manager reminded Council of a workshop meeting on Thursday at 4:00 P.M. on the Department of Development and Inspection, which is comprised of Planning, Code Enforcement and Building. 5.d.2. The City Manager stated that some of them have been engaged in discussions with people in Tallahassee concerning the fact that the Governor's original budget and the early budget being discussed by both houses of the Legislature did not include the beach restoration funds which they were counting on for their next beach restoration project. He is pleased to report that last week the Senate budget, and this week the House budget, do include that project. The City Manager thanked all of them who have been involved in the discussions with Legislature on that matter. 5.d.3. The City Manager noted that a couple of weeks ago he wrote a memo to Council suggesting that they might find it useful to have, on a regular basis, the Chairman of each of the various boards and commis- sions, which Council appoints, come before Council for dialogues, dis- cussions and reports on their activities. He renewed that suggestion. Vice-Mayor Jackel stated that it has been their policy that if any Chairman of any board or committee wishes to come before Council at any regular or workshop meeting, they were free to do so; however, they will consider that further. 6. Mr. Bird moved for approval of the agenda with Item 13 of the Consent Agenda being moved to be the first item on the Regular Agenda, seconded by Mr. Perry. Said motion passed unanimously. PUBLIC HEARINGS 7. 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 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. 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, ~ICH 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. (Copy of Ordinance No. 27-83 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. - 4 - 05/24/83 Mr. Bird moved for the adoption of Ordinance No. 27-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Perry - Yes; Vice-Mayor Jackel - Yes. Said motion passed with a 4 to 0 vote. 8. 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 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. 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. (Copy of Ordinance No. 28-83 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 28-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Perry - Yes; Vice-Mayor Jackel - Yes. Said motion passed with a 4 to 0 vote. Mr. Campbell left the meeting for the duration of Item 9. 9. Ordinance No. 32-83 - Rezoning, Land Use Plan Amendment, Conditional Use, Site and Development Plan Approval - Congress Park South. Ordinance No. 32-83, relative to changing the City's Land Use Plan designation in the Comprehensive Plan for a 24.25-acre parcel of land from PRD-4 (Planned Residential-4 units/acre) to PCC (Planned Commerce Center), rezoning the subject property, conditional use, and site and development plan approval to allow office and research faci- lities and light manufacturing, is before Council for consideration on Second and FINAL Reading. The property is located south of Atlantic Avenue, between the E-4 Canal and Congress Avenue. Prior to considera- tion 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. 32-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM PRD-4 PLANNED RESIDENTIAL (4 UNITS/ACRE) TO PCC PLANNED COMMERCE CENTER AND REZONING THE SUBJECT PROPERTY FROM PRD-4 (PLANNED RESIDENTIAL) DISTRICT TO PCC (PLANNED COMMERCE CENTER) A PORTION OF SECTION 18 AND SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~HICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND IS LOCATED SOUTH OF ATLANTIC AVENUE, BETWEEN THE E-4 CANAL AND CONGRESS AVENUE; GRANTING SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 32-83 is on file in the official Ordinance Book) - 5 - 05/24/83 The Assistant City Attorney read the caption of the ordi- nance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Upon the request of Mr. Stump, Mr. Bird explained where this property is located. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 32-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Perry- Yes; Vice-Mayor Jackel - Yes. Said motion passed with a 3 to 0 vote. Mr. Campbell returned to the meeting at this time. 10. Ordinance No. 33-83 - Zoning Ordinance Amendment - Definition of Club. Ordinance No. 33-83, amending Chapter 30 "Zoning" of the Code of Ordinances relative to revising the definition of club, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 33-83: 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 30-1, "DEFINITIONS" , SUBSECTION ( 18 ) "CLUBS" TO AMEND THE DEFINITION TO ADD ADDITIONAL CRI- TERIA AND RESTRICTIONS AS TO WHAT SHALL CONSTITUTE A "CLUB" UNDER THE CITY'S ZONING CODE, AND INCLUDING CER- TAIN EXCLUSIONS FROM SUCH DEFINITIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 33-83 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 33-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell -Yes; Mr. Perry -Yes; Vice-Mayor Jackel - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 35-83 - Amending Code - Nuisances~ on Property. Ordinance No. 35-83, amending Chapter 13 "Health and Sanitation" of the Code of Ordinances relative to trash and litter, 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. 35-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANITA- TION", ARTICLE II, "NUISANCES ON PROPERTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 13-13(a), "WEEDS, TRASH, CERTAIN VEGE- TATION, ETC. , DECLARED A PUBLIC NUISANCE", TO ADD A PROVISION DECLARING THAT WEEDS OR OTHER DEAD OR LIVING PLANT LIFE OR VEGETATION WHICH HAVE ATTAINED A HEIGHT OF TWELVE (12) INCHES OR MORE, AND WHICH EXIST ON ANY LOT, TRACT, OR PARCEL OF LAND IN THE CITY, WHETHER IMPROVED OR UNIMPROVED, SHALL BE PRESUMED TO BE DECLARED A PUBLIC NUISANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. - 6 - 05/24/83 (Copy of Ordinance No. 35-83 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Perry moved for the adoption of Ordinance No. 35-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell -Yes; Mr. Perry- Yes; Vice-Mayor Jackel - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Bird asked Mrs. Sumrall if the height limitation beyond which vegetation and weeds became a nuisance was suggested by the Clean Community System. Mrs. Sumrall replied, yes. At this point the roll was called to the motion. 12. Ordinance No. 36-83 - Amending Code - Junkyards. Ordinance No. 36-83, amending Chapter 14 "Junk, Junkyards and Automotive Repairs", is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 36-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14, "JUNK, JUNKYARDS AND AUTOMOTIVE REPAIRS", ARTICLE II "JUNKYARDS", BY REPEALING SECTION 14-14, "DEFINITIONS", AND ENACTING A NEW SECTION 14-14, "DEFINITIONS", TO PROVIDE, FOR THE PURPOSES OF ARTICLE II, DEFINITIONS OF AUTOMOBILE GRAVEYARD, JUNK, AND JUNKYARD; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 36-83 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Perry moved for the adoption of Ordinance No. 36-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird -Yes; Mr. Campbell -Yes; Mr. Perry- Yes; Vice-Mayor Jackel - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Bird asked if the changes, as decided by Council, have been made since first reading of this ordinance. Mr. Campbell replied that they have been made. Further discussion was had relative to the definition of junkyard. At this point the roll was called to the motion. CONSENT AGENDA 14. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 47-83, accepting sani.tary sewers and water utilities as operational as recorded in the plat of Rainberry Lakes, Phase 4A, is before Council for consideration. The caption of Resolution No. 47-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN RAINBERRY LAKES, PHASE 4A, AS RECORDED IN PLAT BOOK 39, PAGES 99 AND 100 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERA- TIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES, - 7 - 05/24/83 AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 47-83 is on file in the official Resolution Book) 15. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 48-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Old Harbor Office and Bank Facilitiy II, is before Council for consideration. The caption of Resolution No. 48-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND %~TER UTILITIES INSTALLED IN OLD HARBOR OFFICE AND BANK FACILITY II, AS RECORDED IN PLAT BOOK 42, PAGE 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERA- TIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES, AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 48-83 is on file in the official Resolution Book) 16. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 49-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Old Harbor Office and Bank Facility, is before Council for consideration. The caption of Resolution No. 49-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN OLD HARBOR OFFICE AND BANK FACILITY RECORDED IN PLAT BOOK 42, PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RE- LATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILI- TIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RE- SOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 49-83 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda with the exception of Item 13, seconded by Mr. Perry. Said motion passed unani- mously. REGULAR AGENDA 13. Spencer Pompey Park and Recreation Center. Council is to consider making a motion to confirm the name of "Spencer Pompey Park and Recreation Center". Mr. Pasco Baker gave a presentation on Dr. Martin Luther King. He stated that Dr. King died for a cause; so that blacks could have fuller, more abundant lives and he is greatly honored to be able to speak for this man who died for him. Mr. Baker urged City Council to honor Dr. King by changing the name of "Spencer Pompey Park" to "Martin Luther King Memorial Park". He advised that he has 2,020 signatures supporting this action. - 8 - 05/24/83 Mr. Bird stated that Mr. Baker has made a very strong case; however, he feels that the last thing Dr. King would want is his name to be put on a structure, causing embarrassment to someone whose name was already there. He applauds Mr. Baker for his eloquency and for his choice of a worthy individual to be honored. Mr. Bird moved to confirm the name of "Spencer Pompey Park and Recreation Center", seconded by Mr. Perry. Said motion passed unanimously. Before roll call, Mr. Campbell stated that he was moved by the eloquence of Mr. Baker's address and if the community feels strongly about having a memorial to Dr. King, he suggests that the Neighborhood Strategy Area look into this and make a recommendation as to how best this might be accomplished and report back to Council. At this point the roll was called to the motion. 17. Water Service Outside the City - 1215 Germantown Road. Council is to consider a request for water service outside the City for Elizabethan Development, Inc. The subject property is not now contig- uous to the City's corporate boundaries. Governmental offices for the Department of Health and Rehabilitative Services are being proposed. This is not in accord with the City's Land Use Plan which reserves this area for residential development. The Assistant City Engineer and Planning Director recommend denial. Mr. Perry moved to approve water service outside the City to 1215 Germantown Road, seconded by Mr. Bird. Mr. Bird stated that in order to bring S.W. 10th Street out, they will have to take the entire right-of-way out of the property which is contiguous to this property on the south side. He suggested that Council defer this item, giving them a few weeks for staff to discuss this problem with County staff and try to arrive at an appropriate accommodation which will involve both of those properties as they bring S.W. 10th Street out to join with Germantown Road. Mr. Perry withdrew his motion and Mr. Bird his second. Mr. Bird moved that this item be deferred to the June 7th workshop agenda in two weeks, seconded by Mr. Perry. Said motion passed unanimous 1 y. Before roll call, Mr. Bird asked staff to come up with some kind of procedure to make sure that building permits are not issued on County pocket land without an opportunity for the City Planner and the Engineering Department to review them. At tl~is point the roll was called to the motion. 18. Pub____l_ic Hearing - Sale of City Property. Council is to consider approving the sale of parcels 70 and 82 and rejecting the sale of parcel 64. Upon question by Mrs. Alice Finst, Mr. Bird described the location of the three parcels. 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 to reject the sale of parcel 64 until such time as they can be satisfied as to a clean title on it, to accept the offer on parcel 82 and to reject the offer on parcel 70 because he feels getting back 50¢ on a dollar for a piece of property they bought three years ago is unacceptable, seconded by Mr. Perry. Said motion passed u na nimo us 1 y. - 9 - 05/24/83 Before roll call, upon question by Mrs. Finst, Mr. Bird advised that on parcel 64, which they rejected, they had an offer of $3,088; on parcel 70, which they also rejected, they had an offer of $1,500; on parcel 82, which they accepted, they had an offer of $65,000. The County appraisal on parcel 82 is $31,650; by their appraiser it was $42,000. The sale is to Florida Shores Real Estate Development, Inc., 225 Peruvian Avenue, Palm Beach, Florida. At this point the roll was called to the motion. The City Manager asked Council for some direction on the disposition of the balance of the property they have available. They have parcel 66 which he understands they will be receiving an offer on within the next week or two. They have parcels #6, #58, #63, which he believes they've already taken off the list, #70 and #80. He advised they have three alternatives; (1) to try again on a sealed bid; (2) to have an auction; and (3) to post the property for sale. Mr. Bird stated that parcel 70 is going to be a tough sale. They know of a party interested in parcel 6, and parcel 80 became a problem because of the cloudy aspect of its zoning at the time bids were available. He knows of some people who are interested in it. It was the consensus of Council to post signs to offer the parcels for sale. 19. Advertising the Lease of Miller Park to the Baseball School, Inc. Council is to consider authorizing advertising of a Public Hearing at the June 14th meeting relative to the leasing of Miller Park. Mr. Bird moved to authorize the advertising of a Public Hearing at the June 14th meeting relative to the leasing of Miller Park, seconded by Mr. Perry. Said motion passed unanimously. Before roll call the following discussion was had: Upon question by Mr. Campbell, the Assistant City Attorney advised that this is the intent to lease. They are currently working on the revisions discussed by Council at its last workshop meeting. Vice-Mayor Jackel stated that as he understands the proposed contract, the baseball school will use this park from 8:00 A.M. to 3:00 P.M. on weekdays during the school year and also from June to August; he questions this. The Assistant City Attorney stated that the proposed contract is unrestricted as to time of the year. The City Manager advised that Miller Park, by its design, is used for league play and practice and even during the summer months they do not normally have scheduled activities during the earlier hours of the day. The Little League season would not conflict with this. Mr. Dan Winters advised that last summer they tried, on an experimental basis, to open Miller Park as a play facility and in two weeks they had three children; it is not conducive to that type of activity. At this point the roll was called to the motion. 20. Flap Gates - McFarlane Drive. Council is to consider au- thorizing the seeking of bids for the project at an estimated cost of $10,000 and designation of a funding source. Mr. Perry moved to authorize seeking bids for the project at an estimated cost of $10,000. The City Manager advised that they are hoping to designate funds out of currently available resources; they would like to get this project underway before next October. Council discussion was had re- garding a funding source. The City Manager stated that he does not think it is absolutely necessary that Council designate the source of funds tonight; however, they need to be aware that they must have a - 10 - 05/24/83 source of funds before they sign the contract. When they come back to Council, the recommendation will probably be to use Contingency funds. Upon question by Mr. Bird, the City Manager advised that it would suf- ficiently cover this. Mrs. Elizabeth Matthews stated that this is a matter of great importance to the people in her area and she is sorry to hear Council struggling to find the money as this is just a pilot project; the problem is greater than $10,000. There are areas where, at high tide, people walk out of their houses knee deep in water. Mr. Bird stated he feels it would be appropriate that this be a budget item for next year under Capital Improvement. He would look to find it in the budget, assuming that the pilot project is successful. Mr. Perry amended his motion to authorize seeking bids for the project at an estimated cost of $10,000 with the designation of a funding source to be determined at the time of the opening of bids, seconded by Mr. Bird. Said motion passed unanimously. Before roll call, upon the request of Mr. Campbell, Mrs. Matthews described the problem and explained that a flap gate is a valve designed to resist the pressure of the water coming from the Intra- coastal. At this point the roll was called to the motion. 21. Pilot Cart Program (a) Council is to consider authorizing the purchase of 1380 roll-out carts from Southland Equipment Corporation for $47.60 each for a total cost of $65,678.20. Of this, $7,649.60 is credited to purchase price, leaving a balance of $58,028.60. The total amount will be billed to refuse contractor payable upon commencement of the contract. Mr. Perry moved to authorize the purchase of 1380 roll-out carts from Southland Equipment Corporation for $47.60 each for a total cost of $65,678.20, seconded by Mr. Bird. Said motion passed unani- mously. Before roll call, for clarification, the City Manager point- ed out that the staff takes this as authorization and not necessarily Council's direction to make the purchase. They need to be sure that the sanitation contractor understands the option in the refuse contract exactly as they do, otherwise, they may need to come back before Council with a slightly different arrangement. Upon question by Mr. Campbell regarding the carts, the City Manager stated that there is a formula in the contract that for the start of the base price, they chose $60.00, 60 months and a five year contract; they are depreciated by one dollar per month. At this point the roll was called to the motion. (b) Council is to consider directing staff to move roll-out carts in the northwest area north of Lake Ida Road to an area designated by the City for roll-out service. Mr. Perry moved to. direct the staff to move roll-out carts from the northwest area north of Lake Ida Road to an area designated by the City for roll-out service, seconded by Mr. Bird. Said motion passed unanimously. 22. Permit for use of Anchor Park. Council is to consider a request from the Sunrise Kiwanis Club for permission to use Anchor Park on July 30th for their 7th Annual Beach Festival. Mr. Perry moved to approve the request, seconded by Mr. Bird. Said motion passed unanimously. - 11 - 05/24/83 23. Ratification of Malayan Palm Purchase. Council is to con- sider ratification of purchase of malayan coconut palm trees from Bill Thiston's Malayan Palm Farm in the amount of $14,836.00. The Beauti- fication Committee has raised over $15,000.00 for replanting the palm trees. The City Manager clarified that they actually have two different situations here. They have purchased a total of 114 palms at $125 each for beach planting; that is a cost of $14,250.00 and would be reimbursed to the City from donations. The other trees that they need authorization for are the 50 trees, for a total of $6,250.00, which were purchased and then sold on Arbor Day. So the entire authorization they request would be $22,836.00, all of which is available in the budget, in the case of the Arbor Day trees, or reimbursed from private donations. Mr. Bird moved to authorize the Administration to expend a total of $22,836.00 for the purchase of Malayan palm trees from Bill Thiston's Malayan Palm Farm to be paid upon receipt of appropriate invoices, seconded by Mr. Perry. Said motion passed unanimously. Before roll call, Mrs. Matthews suggested having an escrow fund for money for a specific purpose raised through private donations. Mr. Bird stated that he and Mr. Worth, Beautification Committee, have had discussions on this, including one discussion with Mr. Huddleston. He will go along with a couple of suggestions as to ways this can be done. He has asked Mr. Worth to discuss it with the Beautification Committee and come back to Council with a recommendation for Council's review. At this point the roll was called to the motion. 24. Structural Steel Field Changes - City Hall Project. Council is to consider approval of change order for Cox and Palmer to make several structural modifications in the amount of $2,553.60. Mr. Bird moved for approval, seconded by Mr. Perry. Said motion passed unanimously. 25. Upgrade Electrical Vault - City Hall Project. Council is to consider approval of improvements to be made to the existing vault, in- cluding replacement of metal doors, installing 100 gallon oil drain tank, additional louver metal window and an exhaust fan. The City's Maintenance Division will do the work at a cost of $2,000. Mr. Perry moved for approval, seconded by Mr. Bird. Said motion passed unanimously. 26. Construction of Direct Line to the Air Handling Unit in B.--.~!ding 1. Council is to consider authorizing Change Order #10 in- creasing the contract price by $751.59 for a total of $1,344,813.25, with funds to come from the Public Works Complex Project Fund. This change order will provide a direct return to the air handling unit in Building #1. Mr. Bird moved to authorize the change order, seconded by Mr. Perry. Said motion passed unanimously. 27. Wiebelt Water Line Purchase. Council is to consider re- jecting the offer for sale of water line. Mr. Thomas Purdo, representing George Wiebelt and Robert %~iebelt, gave a presentation. He stated that his clients owned a parcel south of Lake Ida Road on Congress Avenue. As the City did not have any water close by, the City and his clients came to an agreement in Sep- tember of 1979 whereby his clients would put in 1500 feet of 8 inch line at an agreed value of $28,000. They put it in and then conveyed and deeded the line to the City, as well as an easement along the south side of their property. Shortly thereafter, Gable Roofing, located adjacent to their property to the east, paid $9,333.34 or one third of the cost to connect to the line in accordance with the agreement. Recently, Mr. Brinelow, the property owner adjacent to them on the south, was informed - 12 - 05/24/83 that the people across Congress were tapping in. Mr. Brinelow told them he wanted $9,333.34 per the agreement and then never heard from them. They then learned from the City's Water Department that (1) the City had let the gentleman across Congress tap into the water line without paying them and without their permission and (2) the City had signed an agree- ment with him saying that anyone who tapped into his line was going to be paid back. This was all in violation of his clients" agreement with the City of Delray Beach. He had a meeting with Mr. Pontek and two meetings with the City Attorney, City Manager and the Water Department and after difficult negotiations they came to a settlement agreement whereby they would sell the line to the City for an agreed upon sale price of $10,000 which would be a loss to them of approximately $8,000.00. He felt that the settlement agreement was fair and equitable and also felt that they were in a position where the City would be unjustly enriched if it ignored their rights completely. He still feels that the agreement is fair. Mr. Bird stated he recalls that during workshop the discus- sion was that no one had tapped in; that there was someone on the west side of Congress Avenue who wanted to tap in; Council and the City Manager concurred with the recollection. Mr. Bird stated he has no problem over whether or not the customer should get the money but ques- tions whether or not the City has to collect it for him. Mr Purdo stated that in the past the City's actions were such that they would not allow a person to connect without a release from his clients. Further Council discussion was had in regard to the water line. Mr. Bird ad- vised that he is not prepared to take action tonight as Mr. Purdo has presented new facts they did not have last week. Mr. Bird moved that this subject be tabled to the next regular meeting and, in the interim, they workshop it on June 7th with staff present and Mr. Purdo also if he is available, seconded by Mr. Perry. Said motion passed unanimously. Before roll call, Mr. Perry asked how they get involved in these agreements. The City Manager stated that this agreement predates both his and the Assistant City Attorney's tenure with the City. As a result of this and other events, they have reviewed the process and he is more comfortable with it now than he was a year ago. At this point the roll was called to the motion. 28. Extension of Conditional Use, Site and Development Plan Ap- proval - Pelican Harbor Shoppes. Council is to consider a request for a one year extension of the conditional use and site and development plan approval for Pelican Harbor Shoppes, located at the northeast corner of South Federal Highway and Tropic Isle Drive. The Planning and Zoning Board unanimously recommended approval. Mr. Perry moved to grant extension of the approval to June 23, 1984, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Stump, 2726 Carnation Court, stated that when this particular piece of property was rezoned, part of that agreement was that approximately two acres would be dedicated to the City to expand Frederick Avenue from L Street through to Tropic Isle Drive. He in- quired if that is still part of the agreement. Mr. Campbell advised that there has been a subsequent site plan; he does not recall the details right off hand, but the property Mr. Stump is concerned with was addressed in that site plan. Mr. Tore Wallin advised this morning they came in and the street is still there on their plan. Mr. Bird stated that he understands there are good reasons for granting extensions; however, he has a problem with readdressing these issues in the dark. The Planning and Zoning Board relooks at these, but Council never does. Mr. Campbell stated that it has been the - 13 - 05/24/83 policy of Council to almost automatically grant a first extension and it is almost to the point of being routine. Mr. Bird added that all he is suggesting is that it would not be inappropriate for the docmentation to at least be made available for them to look at; not that it should be reproduced and put in their packets. The City Manager noted that it appears from the file that this is the second extension of the project and added that he does have Mr. McDaniel's file available, but does not have the site plan itself. At this point the roll was called to the motion. 29. Photographic Supplies. Council is to consider award of a contract for photographic supplies for the Police, Parks and Recreation and Code Enforcement to the overall low bidder, Pitman Photo, in the amount of $16,569.82, with funds to come from the current budget. Mr. Perry moved to award the contract, seconded by Mr. Bird. Said motion passed unanimously. Before roll call, Mr. Bird questioned the need for such a large amount of film. The City Manager advised that the bulk of it is used by the Police Department. Further, he advised that this is a new purchasing procedure in which they are trying to better control some of these routine item by item purchases. Mr. Winters advised that the Parks and Recreation Department takes pictures of the residents for residency cards; they took 2800 last year. At this point the roll was called to the motion. 30. Barwick Park Appraisal. Council is to consider authorizing Associated Appraisers, Palm Beach, to appraise Barwick Park property for a fee of $2,500, with appraisal complete by June 15th. State grant requirements include appraisal by a State approved firm. The City Manager stated that since giving Council this recommendation, they have received a letter from another appraiser who is on the State approved list. His price is $2,000; however, since time is of the essence and the first appraiser has given them a firm commit- ment that he will have the work done and in their hands by the 15th of June, he feels that for the additional $500 it is worth going with the first recommendation. Upon question by Mr. Jackel, the City Manager advised that the second bidder gave a time frame of four weeks which he feels would be too close to the deadline. Mr. Perry moved to approve the appraisal being given to Associated Appraisers with funding to come from Surplus Land Sale fund, reimbursable from grant proceeds, seconded by Mr. Bird. Said motion passed unanimously. 31. Ordinance No. 38-83 - Amendin~ Code - Pensions'for Police and Firemen. Ordinance No. 38-83, amending Chapter 18 "Pensions and Retirement" of the Code of Ordinances relative to buy back of time, is before Council for consideration on First Reading. If passed, Public Hearing will be held on June 14th. The City Manager presented Ordinance No. 38-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RE- TIREMENT'', ARTICLE III, "PENSIONS FOR POLICE AND FIRE- MEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 18-46, "DEFINITIONS", BY REPEALING SUBSECTION (8), "CONTINUOUS SERVICE", AND ENACTING A NEW SUBSECTION (8), "CONTINUOUS SERVICE", CONTAINING PROVISIONS PERMITTING REEMPLOYED MEMBERS TO BUY BACK PREVIOUS TIME AND SERVICE; PROVIDING FOR CERTAIN RETROACTIVE APPLICATION OF SUCH AMENDMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- Rance. - 14 - 05/24/83 Mr. Bird moved for the adoption of Ordinance No. 38-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Perry -Yes; Vice- Mayor Jackel - Yes. Said motion passed with a 4 to 0 vote. Vice-Mayor Jackel declared the meeting adjourned at 9:02 P.M. ' ~ City Cl'erk 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 May 24, 1983, which minutes were for- mally approved and adopted by the City Council on JCity Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 15 - 05/24/83