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11-22-83 NOVE~BER 22, 1983 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by ~yor Willard V. Young in the Council Chambers at City Hall at 7:04 P.~I., Tuesday, November 22, 1983. 1. Roll call showed: Present - Council hember ~lcolm T. Bira Council hember Doak S. Campbell Council hember Arthur Jackel Council hember Edward L. Perry ~ayor %~llard V. Young Absent - None Also present were - City hanager William H. Law, Jr., an~ City Attorney Herbert W.A. ?hiele. 2. The opening prayer was delivered by Dr. Wallace 5~s~, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. ~. Jackel moved for approval of the minutes o~ the kegular ~eeting of November 8, 1983, seconded by ~. Perry. Said motion passed unanimously. hayor Youn9 advised that item 25 will be removed from the agenda as there is further information to be furnished Council before they take any action. 5.a.1. David Elliott read into t~e record the following letter ~rom his mother and family: "At the %~rkshop ~leeting last Tuesday night wlth all that was said, we, the Elliott family, feel that the request that was made on November 8, 1983, concerning the name of Barwick Park after my father, Alfred Elliott, no longer be considered. This decision has been discussed by the family and we feel that it is appropriate at this tin~. Speaking for the Elliott family, I submit thZs request to City Council." 5.a.2. Fred Berd¥, 1151 Boxwood Drive, requested that Council consider placing boulders parallel to the beach approximately 150 - 200 feet from the beach. He has seen this done in many cities ana ~eels it is a very effective way to prevent erosion. ~ayor Young stated that De lray Beach ~as an unusual situa- tion in that we have a reef which is protected and cannot do anytnin9 that would interfere with the natural growth of that reef. 5.b.1. 5~. Perry stated that we have had a garbage contract now ior approximately five months and apparently there is still a Froblen~ with the contractor's billing of commercial accounts. He has ~ound that the City is receiving more complaints now than they did before they went to a garbage contract. He suggested that Council meet with the contractor and discuss this problem; perhaps the contractor could take over the City's style of billing commercial accounts or let the Cit~ take over the billing. He realizes this would be an additional expense ~or the City and may involve rewordin9 the contract. 5.b.2. ~. Perry stated that they are getting ~re into perceive~ disputes with the City's boards and committees. Mr. Perry moved that Council set aside certain dates and meet with the Code Enforcement Board, the Community Appearance Board, the Internal Audit Committee and the Planning and Zoning Board and sit down to dialogue what Council expects of the Board or Committee and let the Board or Committee come back and tell Council what they expect of them. Previous to that meeting he would suggest that the City Attorney be asked to come back to Council with a paper, in layman's terms, delineating what the City Attorney sees as the parameters under which this particular board should be operating. This would give Coun- cil some basis for discussion to decide what problems there are with those parameters and may involve readdressing the enabling ordinance. Hr. Perry moved that Council direct the Administration to set up meetin9s with the Internal Audit Committee, Code Lnforcement Board, Community Appearance Board and the Planning and Zoning Board for starters, then add as Council sees the need, or as Boards come to Coun- cil and see a need, so they can dialogue and finally come to an under- standing as to where each expects the other to be, seconded bk' ~. Jackel. Before roll call the following discussion was had: 5~. Jackel questioned when these meetings are expected to take place. Hr. Perry replied that it would be up to the convenience of the Board in question, Council and the City Attorney as to when he could have the paper'ready for discussion. ~r. Bird submitted as an alternative suggestion that Council ask the City Attorney to pick any committee, create a paper an~ send it to that committee asking them to evaluate it at a regular meetin9. Then, if they have a problem they think still needs resolution they could come to Council and set up a meeting. If it is an internal conflict within the board, Council is not going to do much to resolve it. Some o~ the boards have a lot of new members and it may be a matter of growing palns and not understanding the intent of the other members. ~r. Perry withdrew his motion. Mr. Bird stated that given the shortness of time before they enter into the traditional holiday recess and to give the City Attorney time to get with the Boards to discuss with them the paper, perhaps the first of the year would be an appropriate time to start and ask for the Boards' input to be delivered to Council in time for the first workshop meeting in January. ~. Bird moved to instruct the City Attorney to prepare, in layman's terms, a letter for the four boards which were mentioned out- lining their relationship with Council and, as best as possible, the limits of their authority so as to grant them a working paper that they can refer to during deliberations; ask them to review their actions against that and, if they have some problems either with those limits or with the ordinance which prescribes them, that they forward those con- cerns on to Council for the first workshop in January and work forward from there, seconded by F~. Jackel. Said motion passed unanimously. 5.b.1. ~. Perry asked that they readdress the commercial billin9 specifically. He asked that Council exert whatever political pressure it can on whatever resource to get this resolved. The City ~lanager stated that in the past the system has been to allow several billings for the same dumpster. He is satisfied that Waste ~nagement will be delighted to have an override for that kind of situation so they can cover their administrative costs and this woul~ solve the problem. He feels it is the people using the dumpsters who have the difficulty in that the system has changed. ~r. Perry stated that the fact a dumpster has Deen placed behind a particular business should not be an indication that he become a subcontractor. - 2 - 11/22/S3 ~. Bird stated this really has more to do with the attitude of the people involved than it does Waste hanagement or anyone else. The alternative would be for each person to have their own dumpster. ~. Jackel stated he believes the contract reads that deci- sions of this type rest with the City Manager and not Council. He feels that until they know whose decision it is they should hold this abeyance. The City ~nager stated that assumin9 5~. Jackel is correct he would ask Council's permission to establish an override situation for Waste Management for separate billings. If Council agrees this is reasonable he is sure it can be achieved. Mayor Young explained how the company he works for resolved their problem with being billed for the other eight offices in their particular block although they did not own the property. After talking to Waste ~anagement the bills were then sent to the owner. The City 5lanager stated that if Council would allow him the perogative of negotiating with Waste ~anagement he is sure they can come up with some acceptable situation to split bills in cases where people cannot get along with each other. 5.b.3. 5~. Bird stated that he has furnished Council with a copy of a letter from 5~. Pitts who is serving as spokesman for the negotiatin9 committee trying to resolve our differences with Highland Beach over sewer rates. He feels they should ascertain that neither C~2h Hill, Hazen and Sawyer nor Greeley and Hansen are currently under contract with either of the cities. ?he negotiating committee anticipates a cost of less than $5,000 and they are going to go to bid; however, he is not sure they are authorized to go to bid. The City 5~anager stated that, following CouncIl's d~scus- sion, he sent a memorandum indicating that perhaps the cost o~ the engineering services might exceed $5,000. To resolve that issue would be for each Council to assume they were going to pay half of the cost that would not exceed $5,000, then the committee mi9ht be able to ~ve ahead. 5~. Bird moved that staff be directed to undertake that and bring it back to Council at the earliest possible time to take action which can authorize and would permit the engineerin9 study to be con~- pleted in a timely manner, seconded by 5~. Perry. Before roll call ~. Perry stated he feels that thls en- gineering study should be up to one or the other of the communities and he feels put out by the fact that he is expected to contribute to an outside agency when Highland Beach has already been told what Delray's position is in this matter. Upon request by 5~. Campbell, ~r. Bird restated his motion. ~. Bird moved to instruct staff to coordinate with Highland Beach and insure that at least one firm on the list has not done an~ work for either City recently and obtain an estimated cost from them, that is our desire, and get the answers to the questions which were raised by the ~ediation Board, and put us in a posture to negotiate, seconded by 5~. Jackel. Said motion passed unanimously. 5.c. The City Attorney advised that, after almost 2 years negotiating with the County, we have finally received back from them the beach erosion control supplemental intergovernmental agreement with the wording in it which Council had requested relative to beach vicinity parking. 5.d. The City ~nager stated that relative to item 18 ti~e admin- istration has contacted the FEC Railroad regarding the weed situation along the right-of-way. In addition the~ have been advised about the potential of eliminating some of the different portions of the lease agreement and the FEC Railroad has indicated a willingness to do any- thing the City wishes but the basic proposal for payment would not be materially altered. - 3 - 11/22/83 6. 5~. Bird moved for approval of the agenda with the exception of item 25, seconded by 5~. Jackel. Said motion passed unanimously. PUBLIC HEARING 7. Ordinance No. 75-83 - Amending Code - Nuisances on Pro,ertl. Ordinance No. 75-83, amendin9 Chapter 13 "Health and Sanitation" of the Code of Ordinances relative to nuisance abatement, is before Council for consideration on Second and FINAL Readin9. 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. 75-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~]ENDING CHAPTER 13, "HEALTH AND SaNI- TATION'', ARTICLE II, "NUIS~RqCES ON PROPERTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, SY A~NDING SECTION 13-16 (b), "DESIGNATION OF ENFORCEMENT OFFICER; NOTICE OF VIOLATION REQUIRED; CONTENT OF SUCH NOTICE", TO REDUCE THE PERMISSIBLE TIME FOR A~aTEhEN%' OF NUISANCES ON LAND, TO REDUCE THE PERMISSIBLE TI~.k PERIOD IN WHICH TO FILE A PETITION TO THE CITY 5aRNAGER F~Oh TEN (10) TO SEVEN (7) DAYS AND TO INCREASE THE PERMISSIBLE TIME PERIOD TO ABATE A PUBLIC NUISANCE AFTER A DECISION BY THE NUISANCE ABATEEiENT BOARD FROM FIVE (5) TO SEVEN (7) DAYS; BY Ag~NDING SECTION 13-17, "FORM OF NOTICE", TO CONFORM THE NOTICE OF PUBLIC NUISANCE FOR~ TO THE TIMED SET FORTH IN SECTION 13-16 OF THE CODE OF ORDINANCES; Bk' AMENDING SECTION 13-19, "ABATEMENT BY CITY", TO ADD A NE~ SUBSECTION TO PROVIDE FOR NOTICE TO BE SENT TO A PROPERTY O%~NER APPRISING THE OWNER OF THE ESTI~ATEL COST OF THE ABATEMENT OF THE NUISANCE AND TO PROVIDE FOR THE CONTENT OF SUCH NOTICE OF ESTI~.UITED COST, AND TO RELETTER THE SUBSECTIONS AND TO MODIFY THE TITLE OF SAID S~.CTION 13-19 IN ACCORDANCE THEREWITH; TO REPEAL SECTION 13-20, "ASSESS- MENT OF COST, INTEREST AND ATTORNEY'S FEED; LIEN"; 'fO REPEAL SECTION 13-21, "ENFORCEMENT OF ASSESSMENT"; TO ENACT A NE%~ SECT ION 13-20 "NUISANCE ABATEMENT BID PRO- CEDURE", TO PROVIDE FOR THE PROCEDURES FOR RECEIVING BIDS FOR THE NUISANCE ABATEMENT FRO~ OUTSIDE PERSONS OR ENTI- TIES; TO ENACT A NEW SECTION 13-21 "BID SPECIFICATIONS", TO PROVIDE FOR THE REQUIREMENTS TO BE INCLUDED iN nib SPECIFICATIONS FOR NUISANCE ABATEMENTS; TO ENACT A NE~, SECTION 13-22, "AWARD OF CONTRACT", TO SET FORTH THE PROCEDURES AND REQUIREMENTS FOR THE AWARD OF THE CONTRACT TO THE SUCCESSFUL BIDDER; TO ENACT A NE~ SEC'~ION 13-23, "ADVERTISING FOR BIDS", TO PROVIDE THAT BIDS NEED NOT BE SPECIFICALLY ADVERTISED AND FOR PROCEDURES TO ENSURE COMPETITION; TO ENACT A NEW SECTION 13 -24, "PROVISIONS PRE-EMPTIVE", TO PROVIDE THAT THE BIDDING AND CONTRAC'£iNG PROVISIONS SET FORTH IN THIS ARTICLE ARE TO BE PRE- EMPTIVE OF ALL OTHER BIDDING, PURCHASING OR CONTRACTING PROVISIONS OF THIS CODE FOR THE PURPOSES OF THE NUISANCE ABATEMENT ARTICLE; TO ENACT A NEW SECTION 13-25, "ASSESS- MENT OF COSTS, INTEREST AND ATTORNEY'S FEES; LIEN", TO PROVIDE FOR THE ASSESSMENT OF COSTS ABOVE SUCH ABATEMEN'i', INCLUDING THE CO STS OF INSPECTION AND ADMINISTFJ%TION, INTEREST AT THE RATE OF EIGHT PER CENT (8%) PER ANNUl, i, PLUS COLLECTION COSTS AND A REASONABLE ATTORNEY'S FEE; TO PROVIDE THAT PAY~IENT OF SAID ASSESSg~NT BY CiTY COUNCIL SHALL BECO~ DUE AND PAYABLE THIRTY (30) DAYS AFTER THE 5LAILING OF SAID ASSESSMENT; PROVIDING FOR THE FILING OF A LIEN AGAINST THE SUBJECT PROPERTY IF SAID ASSESSMENT I~ NOT PAID WITHIN THE THIRTY (30) DAYS AFTER THE ~ILINO DATE OF THE NOTICE OF ASSESSMENT; AND PROVIDING FOR THE FORM OF SAID NOTICE OF LIEN; TO ENACT A NE~ SECTION 13-26 "ENFORCEMENT OF ASSESSMENT", TO PROVIDE THAT THE CITY ~qY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LA~ OR FORECLOSURE OF THE LIEN IN THE ~RNNER PROVIDED BY LAW; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. - 4 - 11/22/83 (Copy of Ordinance No. 75-83 is on ~ile 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 o~ Delray Beach, Florida. The public hearing was closed. ~4r. Jackel moved for the a~option of Ordinance No. 75-83 on Second and FINAL Reading, seconded by ~. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Campbell - Yes; ~r. Jackel - Yes; ~. Perry - Yes; ~ayor Young - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 82-~3 - Amen~in~ Charter - Assumin~ Office. Ordinance No. 82-83, amending the Charter, Article III, "Legislative", Section 3.01, relative to changin§ the date when the 5~yor and Council Members assume office, is before Council for consideration on ~econ~ and FINAL Reading. Prior to consideration o~ passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be hel~ at this time. The City ~anager presented Ordinance No. 82-83: AN ORDINANCE OF TH~ CITY COUNCIL OF THk CITY OF D~LRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO A~TICL~ I II , "L~GI ~LATIVE" , SEC~£ION 3.01, "COUNCIL-CITY ~ANA~ER FOR~] OF GOVERNP]ENT; TER~ OF OFFICE; NU~BER; OFFICES OF VICE-[¥~YOR AND D~PUTY VICE-~YOR; SUCCESSION TO OFFICE OF 5~AYOR", OF THE CITY C~ARTER OF THE CITY OF DELRAY BEAC~, FLORIDA, TO PROVID~ FOR CHANGIN~ THE DATE WHeN THE 5~YOR AND COUNCIL 5~E~ERS TAKE OFFICE FRO~] TH5 FIRST ~ONDAY IN APRIL TO THE LAST THURSDAY IN ~%RCH FOLLOWING ~HEI~ ELECTION, OR TO TH~ LAST FRIDAY IN ~RCH SHOULD THE LAS~ THURSDAY FALL ON A LSGAL HOLIDAY'; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC~£IVE DATE. (Copy of Ordinance No. 82-83 is on file in the of~iclal 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 oi the C~t~ of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. ~2-83 on Second and FINAL Reading, seconded by ~. Perry. Upon roll call Council voted as follows: 5~. Bird - Yes; 5~r. Campbell - Yes; 5~. Jackel - Yes; Mr. Perry - Yes; ~]ayor Young - Yes. Said motion passed with a 5 to ~ vote. 9. Ordinance No. 83-83 - Amendin~ Charter - Qual~yin9 Periods. Ordinance No. 83-83, amending the Charter, Article III, "Legislatlve", Section 3.03, relative to qualifying periods, 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 nearin9 has been scheduled to be held at this time. The City ~nager presented Ordinance No. 83-S3: AN ORDINANC~ OF THE CI~£Y COUNCIL OF ~£Hk CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGE~ TO ARTICL~ I II , "LEGI SLAT IVE" , SE C~f ION 3. U 3 , "QUALIFY CATION b OF CANDIDATES; CESSATION' OF QUALIFICATIONS DURING T~NURE; OATH OF OFFICE", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR CHANGING TH~ DATEb AND TI~E$ FOR CANDIDATES FOR OFFICE ~O FIL~ THEIR PkTI- TIONS AS CANDIDATES, AND TO PROVIDE FOR A DEADLIN~ FOR SUBhISSION OF CANDIDATES' NA~S TO TH~ ~UP~RVI~R OF ELECTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. - 5 - 11/22/83 (Copy of Ordinance No. 83-83 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. ~]r. Jackel moved for the adoption of Ordinance No. 83-83 on Second and FINAL Reading, seconded by 5~. Perry. Upon roll call Council voted as follows: I¢~. Bird - Yes; 5~. Campbell - Yes; ~. Jackel - Yes; 5~. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to U vote. 10. Ordinance No. 84-83 - Amendin~ Charter - Fillin~ Vacancies. Ordinance No. 84-83, amending the Charter, Article III, "Legislative", Section 3.06, relative to filling of vacancies, is before Council for consideration on Second and FINAL Reading. Prior to consideration o~ passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City ~nager presented Ordinance No. 84-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF bELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE III, "LEGISLATIVE", SECTION 3.06, "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR C~ANG- ING THE DATES FOR THE TERMINATION OF TERMS OF APPOINTED MEMBER FROM THE FIRST ~DNDAY IN APRIL TO THE LAST THURS- DAY IN ~LAR~{ FOLLOWING THE NEXT REGULAR CITY' ELECTION, OR TO THE LAST FRIDAY IN ~RCH SHOULD THE LAST THURSDAY FALL ON A LEGAL HOLIDAY; AND FOR C~4ANGING THE DATES FO~ THE TERMINATION OF THE TERM OF OFFICE %~4EN THE VICE-~%YOh SUCCEEDS TO THE OFFICE OF ~%YOR FROM THE FIRST 5~ONDAY IN APRIL TO THE LAST THURSDAY IN I,~ARCH FOLLOWING T~E NKXT REGULAR CITY ELECTION, OR TO THE LAST FRIDAY IN ~RCB SHOULD THE LAST THURSDAY FALL ON A LEGAL HOLIDAY; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE bATE. (Copy of Ordinance No. 84-83 is on file in the ofilcial Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in complZance with the l~ws of the State of Florida and the Charter o~ the C~t~ o~ Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 84-83 on Second and FINAL Reading, seconded by ~. Perry. Upon roll call Council voted as follows: 9~. Bird - Yes; Mr. Campbell - Yes; [,~. Jackel - Yes; 5~. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 85-83 - Amendin~ Code - Filing Dates. OrdZ- nance No. 85-83, amending Chapter 2 "Administration" of the Code oZ Ordinances relative to filing dates, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of tnzs ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City 5~nager presented Ordinance No. 85-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORI DA, AMENDING CHAPTER 2 , "ADMIN I ~£ RATION" , ARTICLE II, "ELECTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH , FLORIDA, BY AMENDING SECTION 222 (B), "QUALIFYING AS A CANDIDATE", TO CH~qGE THE DATES AND TIMES FOR CANDIDATES FOR OFFICE TO FILE THEIR PETITION~ AS CANDIDATES, AND TO PROVIDE FOR A D'~.ADLINE FOR SUB- MISSION OF CANDIDATES' NAMES TO THE SUPERVISOR OF ELEC- TIONS; PROVIDING A SAVING CLAUSE; PROVIDING ~ EFFECTIVE DAT E. - 6 - 11/22/83 (Copy of Ordinance No. 85-83 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. 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. 85-83 on Second and FINAL Reading, seconded by ~. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; 5ir. Campbell - Yes; ~. Jackel - Yes; ~. Perry - Yes; ~ayor Youn9 - Yes. Said motion passed with a 5 to vote. CON SENT AGENDA 5~. Bird requested that item 18 be removed from the Consent Agenda and placed as first item on the Regular Agenda. The followin9 items are to be considered by Council as the Consent Agenda: 12. Canopy for American Cancer Society Benefit. Council is to consider a request to erect a 40x40 canopy for the American Cancer Society Benefit at the Security Vault, Old Harbour Plaza on December 2nd from 6 p.m. to 9 p.m. Approval is recommended. 13. Special De~utization of Code Compliance Personnel. Council is to consider approving and authorizin9 execution of indemnity agree- ment between the City and Palm Beach Count~' Sheriff's Department regard- ing special deputization of Code Compliance Personnel. Council, at the August 23rd meeting, authorized execution of the indemnity agreement for the Animal Control Officer. The Code Compliance Personnel ha~e also been deputized. Approval is recommended. 14. Nuisance Abatement. Resolution No. 104-83, assessin9 costs of abating nuisances on three properties in accordance with Sections 13-12 and 13-13 of the Code, is before Council for consideration. The caption of Resolution No. 104-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF TH~. CITY OF DELRAY BEACH , FLORIDA, PURSUANT TO C~APTER 13 OF TH~. CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING CObTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEAC%~; S~.TTING OUT ACTUAL CO STS IN- CURRED BY THE CITY TO ACCOMPLI~ SUC~ ASATE~ENT ANb LEVYING THE CO$~ OF SUCH ABATE~ENT OF NUISANCES; VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DAT~ ANb INTEREST ON ASSESSS~ENTS; PROVIDING FOR THE RECORDING OF THIS RE SOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJE~£ PROPERTY FOR UNPAID ASSESShENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LI~N. (Cop~ of ~esolution No. 104-83 is on file in the official Resolution Book) 15. Fundin~ for Beach Renourishment ProQects. Resolution No. 105-83, requesting reimbursement in the amount of $13,639.83 from the Department of Natural Resources for the fiscal year 19~0-81 san~ search, vegetation, beach and reef monitoring pro3ect, is before Council for cons ideration. The caption of Resolution No. 105-83 is as ~ollows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE FISCAL YEAR 1980/81 SAND SEARCH, VEGETATION, BEACH AND REEF ~3NI- TORING PROJECT. (Copy of Resolution No. 105-83 is on file in the official Resolution Book) - 7 - 11/22/83 16. Sanitary Sewers and Water Utilities. Resolution No. 10~-S3, accepting sanitary sewers and water utilities as operational as recorde~ in the plat of Lake Ray (AKA Laver's De lray Racquet Club), is before Council for consideration. The caption of Resolution No. 106-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THL CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN LAKE RAY (AKA LaVER'S DELRAY RACQUET CLUB) .RECORDED IN PLAT BOOK 29, PAGE 61 OF Th~ 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 T~L SErVICeS AND FACILITIES FURNISHED BY SAID UTILITIES. (Copy of Resolution No. 106-83 is on file in the official Resolution Book) 17. Final Payment - Force 5~in 50. Council is to consider authorizing final payment for Force Main 50 in the amount of $4,000 to H & H Engineering, with funds to come from the Water and Sewer Construc- tion Account. Approval is recommended. F~. Jackel moved for approval of the Consent Agenda w~th the exception of item 18, seconded by ~. Perry. Said motion passed unan- imous ly. REGDLAR A~EN DA 18. F.E.C. Railroad Leases. Council is to consider authorizin9 execution of lease between the City and the F.E.C. Railroad. 5~. Bird stated that over the past five years tne C~tk nas been paying the F.E.C. Railroad for access to 10 usable parKin9 spots and perhaps 20 that are rarely, if ever, used. ne feels that council should inform the F.E.C. Railroad that they cannot make up their operat- ing losses on the rent paid for the parking spaces. He feels that tl~e rate they are charging is unreasonable for the benefit received and they are asking the City to pay for the privilege o~ beautifyin9 the F.h.C. right-of-way. He would rather take the money and buy a marginal piece of property and create additional downtown parking. Mr. Bird ~ved that the F.E.C. Railroad lease not De apFrov- ed, seconded by 5~. Perry. Said motion passed unanimously. 19. Conditional Use Approval - O.C. Taylor Motors. Council is to consider a request for conditional use to allow an automobile sales and display lot. The property is located north of N.E. 4th Street, between N.E. 5th Avenue and the F.E.C. Railroad. This was approved by a 4-3 vote (Bridges, Horenburger and Simon dissenting;, subDect to the following conditions: (1) That the only conditional use to be allowed by this approval is as follows: Automobile sales and display; excludin9 automobile paint and body shops, repair shops and garages, and was~ estab- lishments; (2) That all improvements to this site be completed prior to its being used for automobile sales and display; (3) That all improvements be completed in accordance with the approved site plans re: O.C. Taylor Motors, Delray Beach, Florida, prepared Dy Robert G. Currie, A.I.A., P.A., 355 N.E. 5th Avenue, Suite 6, De lray Beach, Florida 33444, Sheet No. 1 dated October 14, 19~3; all o~ which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval; and (4) That the time limitation oi this approval pur- suant to Sec. 30-21(E) of the Zonin9 Code be twelve (12) months. - 8 - 11/22/83 Mr. Bird moved to sustain the recommendation of the Planning and Zoning Board and approve conditional use, seconded by ~. Perry. Before roll call the following discussion was had: 5~. Perry stated that he feels for Council to 9rant con- ditional use at this time and allow the question of removing the tree to be addressed later would be a mistake. He is also opposed to the spot zoning which may involve some precedential questions in the future. However, his basic argument in not approving this item would be the safety factor; in less than three years there have been 25 separate accidents in that area. Mr. Bird advised that when they considered the change to the ordinance to permit this to be a conditional use they did so on the basis that the entire zoning ordinance was under detailed review and this would be an interim solution to the problem. Hr. Campbell questioned whether this item is site plan approval or merely conditional use approval. Mr. Robert Feders~iel, attorney representing 5~. ?aylor, advised that this item should also include site plan approval; ~. McDaniel could not attend tonight's meeting and asked him to bring the plan. Upon question by Mr. Campbell as to whether Council should consider these as joint motions or treat them separately, the City Attorney advised that based on ~. ~lcDaniel's memorandum this item should read conditional use, site and development plan approval. Mr. Bird amended his motion to include site and development plan approval, subject to the conditions set forth in the memorandum, Mr. Perry amended his second. Upon roll call Council voted as follows: 5~. Bird - Yes; F~. Campbell - Yes; 5~. Jackel - No; ~. Perry - No; hayor Young - Yes. Said motion passed with a 3 to 2 vote. Before roll call the followin9 discussion was had: Mr. Campbell stated that he has been 9iven an alternate s~te plan with the configuration of the banyan tree still on it. What con- cerns him is that in looking at the two he cannot see that much of a difference in letting the tree remain on the site plan; it appears that only three or four parking spaces would be affected. He questioned wh~ leaving the tree would be such a severe problem to ~. Taylor. Mr. Federspiel stated that although it would appear you could trim back the tree the root structure is so massive it would disrupt the paving and be a continuous maintenance item. If they were to use a zero lot line on the property, which is permitted within the code, the tree would have to be removed. ~. Taylor has dec~ded to use the property in a different manner. He feels there is not a sufficient basis to differentiate between the two merely because they are usin9 the property differently. Mr. Campbell stated he cannot see how, by allowing the tree to remain, you are depriving the owner of beneficial use of h~s prop- erty. He feels that admitting this tree is not important is an abroga- tion of the City's tree ordinance. Mr. Bird stated that the Community Appearance Board, which in part has the obligation to tr~ and keep the City beautiful an~ at the same time consistent with the uses of the property, has iound that ficus trees are less than satisfactory and has strongly recommended that tne~ not be used. He feels that they have a similar case here except the tree is already there. ~. Campbell stated he still has not been convinced that this particular revision on the site plan has been looked at as a viable alternative as opposed to completely taking the tree down. - 9 - 11/22/83 Mr. Jackel stated he considers this pro~ect a downgrading. He feels that a City, which considers the beauty of life, should not tear down the tree and that the applicant should tackle this in a dif- ferent manner. The City Attorney stated that it appears there are two subject matters before Council - the conditional use and the site plan approval. Apparently most of the discussion is relative to the site and development plan portion and he advised that Council may wish to make two votes. However, if that is their intention he feels that, for the record and future reasons, Council should zero in on those matters set forth in Section 30-22 (D) of the code which sets forth the criteria Dy which they are to judge a site and developn~nt plan approval. The City Attorney read the criteria which are listed in the code and advised that they are the sole criteria by which Council has to judge the plans. At this point the roll was called to the motion. 20. Disposal Rate Reduction. Council is to consider the bolid W~'ste Authority's disposal rate reduction. The City hanag-er stated that, as indicated in a prior memo- randum, the Solid Waste Authority has reduced their tipping charge from $18.50 per ton to $14.00 per ton. This could transpose into a reduction in customer billing, if that is Council's desire. However, he has indicated an alternative solution in the form of the items spelled out in the memorandum and separately pointed out to Council that the Solid Waste Authority is obligated under contract to pa~ the Cit~ ~or the 1983 debt payments on the transfer station facility. The ~olid Waste Authority has also to make all future payments after they have received proceeds from their bond sale. The City has advanced the funds for those bond monies and this reduction in the disposal rate woul~ provide an offset to the money the City has laid out. 5~. Bird suggested that they add a ~ifth item to the list. Earlier in the meeting they discussed the question o~ individual b~l- ling; he suggested that perhaps they could provide this as a potentlal offset and allow the customers to have separate billing, everyone else could have a partial reduction and the balance could go into any one of the other four items. He stated that it has always been a concern of his that when we have a hurricane the City will not have the opportunity to do any plannin9. He feels it would be prudent to do the plannin9 now and a reserve fund would be an appropriate place for the a~dltional funds to go. Mayor Young stated that he feels the return to the user is so comparatively small that it is a very small insurance against a natural disaster and he agrees with ~. Bird's comments. ~. Bird moved that the reserves be establishe~, seconded Dy ~. Jackel. Said motion passed unanimously. 21. Appointment - Communit~ Appearance Board. Council is to cohsider the appointment of Joel Barham as an alternate ~mber of the Community Appearance Board to a term endin9 harch 8, 1984. Mr. Jackel moved to appoint Joel Barham as an alternate member to the Community Appearance Board to a term ending harch 8, 19~4, seconded by ~. Bird. Said motion passed unanimously. 22. A~ointment - Delra~ Beach Housin~ Authorlty. Council ls to consider the appointment of John W. Thomas, Jr. as a member of the Delray Beach Housing Authority to a term ending October 27, 1987. Mr. Bird moved to appoint John W. Thomas, Jr. as a member the Delray Beach Housing Authority to a term ending October 27, 19~7, seconded by 5~. Jackel. Said motion passed unanimously. 23. Buy Back Time ' Police and Firefi~hters Retirement b~stem. Mr. Jackel moved that Captain Dalton and Chief Kilgore be enabled to buy back their time without interest as specified prevlously, seconded by ~. Perry. - 10 - 11/22/83 ~r. Bird stated his understanding of the information, which was provided, was that there was indeed a mistake made. However, the mistake was not in denying Chief Kilgore and Captain Dalton the opFortu- nity to buy back their time, it was made by ~. Weber in 9ranting Captain Cochrane authority to buy back. There was no buy back authorized in the State plan at that time and there is none now. It would seem to him that the only method by which these individuals can buy back their time is to follow the proscribed authority within the existing ordinance which requires a payment of interest. He stated that they have, at this time, an unfunded liability and in his view it is incumbant upon this Council to minimize wherever possible, b~· prudent action, those liabil- ities. The City is asking for a return of 5% interest for the Ferio~ time that the individuals who have had those funds have enjoyed the use of them. ~. Bird outlined what it would cost the City for individuals to buy back their time without paying interest. 5~. Perry stated that he talked with the City At%orne~ this mornin9 and there were several possibilities brought up as alternatives which Council may wish to address. He feels that they ought to return this to the Pension Board with the City Attorney's advisory and a de- scription of the alternatives. ~r. Jackel stated he feels that i~ they allow the ~n~ivid- uals to buy back their time it will not change the pension fund to any considerable extent. Mr. Bird made a substitute motion that the issue De remanded back for an additional study by the Pension Board and returned to Coun- cil if they have some alternative method, seconded by [~. Perry. Dpon roll call Council voted as follows: ~. Bird - Yes; 5~. Campbell- No; Mr. Jackel - No; hr. Perry - Yes; hayor Young - Yes. Said motion passed with a 3 to 2 vote. 24. Lease Relative to Richard Block Property. Council is to consider authorizing execution of a lease for use of the Richard block property adjacent to the golf course. Execution of the lease wall allow the City to use the property prior to receipt of title. Approval recommended. The City 5~nager stated that this lease would provide an ability for the City to move in on the property which 5~. Block nas offered to donate to the City. The efforts to create a maintenance she~ at the golf course would be escalated by Council agreeing to accept tn~s lease rather than wait two n~re months for the deed to be transferred. · he City Attorney advised that he received Dac~ toda~ a redraft of the lease which they proposed and there are some con~itlons that Mr. Block has put into the lease which still need to be discussed. He suggested that if the concept of entering into a lease is acceptable to Council they should approve this lease agreement sub3ect to approval of the lease agreement. ~r. Bird moved to authorize execution of the lease as ad- vised by the City Attorney, seconded by ~. Jac~el. Said motion passed unanimously. Before roll call ~. Campbell stated that he received an appraisal of the property from ~. Block who would appreciate a recogni- tion of the certain value of the land. He would like Council's approval to hand the appraisal to the City ~anager for his review. If there is no problem with it he could report back to Council and they could for- mally adopt a value for tax purposes. 26. Storm Sewer - N.W. 1st Street and Congress Avenue. Council is to consider the award of a contract to Underground Industries, Inc., in the amount o~ $20,850 for a storm sewer at N.W. 1st Street an~ Con- gress Avenue. Approval is recommended. hr. Bird moved to award a contract, subject to review by the City Attorney's office, seconded by 5~. Perry. &aid motion passe~ unani- mously. Before roll call, upon question by 5~. Jackel, the Cit~ Manager advised that the County has indicated a willingness to ~onate $7,000 towards the estimated $21,000 and the City has upgraded the facilities at the County's request over and above what we haa originall~ anticipated to put it in. At this point the roll was called to the motion. 27. Ordinance No. 87-83 - Dennison Annexation. Ordinance No. 87-83, relative to annexing a 0.32-acre lot, subject to k-lAa (Single Family Dwelling) District, located at the southeast corner of N.W. 7th Street and N.W. 5th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 10, 19~4. The City ~anager presented Ordinance No. 87-~3: AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF b~:L~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF D~.LRAY b~.ACH LO%' 3, LAKE IDA ~NOR, ACCORDING TO TH~. PLAT THSREOF Ab RECORDED IN PLAT BOOK 23, PAGE 138 OF THE PUBLIC RECORDS OF PAL~ BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING 5~UNICIPAL LIhITS OF SAID CITY; REDEFININ~ THk BOUNDARI~,S OF SAID CITY TO INCLUDk SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDIN~ FOR THE ZONING TH~P~EOF. The City' Attorney read the caption of the ordinance. ~. Perry moved for the adoption of Ordinance No. ~7-~3 on First Reading, seconded by ~. Bird. Upon roll call Council voted as follows: ~. Bird - Yes; ~. Campbell - Yes; ~. Jackel - Yes; 5~. Perry - Yes; ~ayor Young - Yes. Said motion passed with a 5 to 0 vote. 28. Water Service Outside City. Council is to consider ap- proval of Assignment of Agreement for water service outside the City limits from ~ichael C. and Linda Posner to hilitary Trail Investors, Ltd. Approval is recommended. The City Attorney explained that ~n~. and ~s. Posner cur- rently have a water service agreement with the City. They are conveyin9 their property to another corporate entit~ and rather than re-execute the agreement they wish to be permitted to assign it. Council's action will set a precedent as this has not previously been done. It will also establish whether Council wishes to allow such assignment or if ~t should be required that any persons who sell their property have the grantee execute a new water service agreement. hr. Bird stated he feels that if a person has the authority to assign the agreement then the City will end up with things in some o~ the unincorporated areas which they did not anticipate. 5~. Bird moved that they continue to require an agreement from each owner, seconded by 5~. Jackel. Said motion passed unani- mously. hayor Youn9 declared the meetin9 adjourned at 9:01 P.h. ~ City ~Clerk ATTEST: hA YO R The undersigned is the City Clerk oi the City of belray Beach and that the information provided herein is the minutes of the meetin9 of said City Council of November 22, 1983, which minutes were formally approved and adopted by the City Council on,~_.. /J~ /~ . 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, additlons, or deletions to the minutes as set forth above. - 13 - 11/22/83