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04-13-82 APRIL 13, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:00 hP.M., Tuesday, April 13, 1982. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Maurice Gaines, St. John's Primitive Baptist 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 special meeting of April 5, 1982, seconded by Mr. Blair. Said motion passed unanimously. Mr. Bird moved for item 7 to be moved forward on the agenda to be the next item of business and to then continue with the rest of the agenda as printed, seconded by Mr. Blair. Said motion passed unani- mously. 7. Homewood Boulevard Realignment - Council is to consider alternatives to improve the intersection of Homewood Boulevard and Atlantic Avenue. It is recommended that Council make a motion to pre- .pare plans for the designated realignment of Homewood Boulevard and to institute the appropriate actions. Mr. Gerald Church, City Engineer, presented drawings and descriptions of the four alternative solutions: (1) realignment of Homewood Boulevard to form a standard 4-way intersection; (2) instal- lation of an additional traffic signal at Homewood Boulevard as it presently exists; (3) realignment of Homewood Boulevard to the east to go through the City's golf course property; and (4) close off Homewood Boulevard and either put a cul de sac or make it right turns only. These alternatives were analyzed and the Engineering Department recom- mends alternative #1 which would provide for a standard 4-way intersec- tion with one traffic signal with a 70-second cycle controlling the entire intersection. Kimley Horn, traffic engineers, did another review and substantiated the findings. They feel it is the safest and most advantageous of the alternatives and strongly recommend that Council proceed with it at this time. Mr. Bird recommended an alternative, similar to alternative #2, whereby they would install an additional double traffic light. He presented an outline and sketch of his proposal and stated that the advantage to this alternative is lower cost, safety and an immediate solution to the problem. The additional time involved would be about 20 seconds. This system will meet all of the traffic criteria that was prescribed by Kimley Horn. Mr. Fred Kanter, Woodlake, spoke in favor of Mr. Bird's proposal and urged City Council not to spend $275,000 if the job can be done for $30,000. Mr. Jack Kellerman, High Point, spoke in opposition of Mr. Bird's proposal and stated that his concern is the additional stopping time involved. Mr. Robert French spoke in favor of the Engineering Depart- ment's recommendation for a 4-way standard intersection which, he feels, is the only permanent solution. Public safety is the most compelling argument to support the realignment. Mr. Edward Vanis, High Point, spoke in favor of the realign- ment and urged Council not to make any mistakes. He stated that the City can afford the extra dollars in order to get the job done right. Mr. Sam Schwimer, Pines of Delray, stated that the important factors involved are lives, money and time. He stated that he has supported alternative #1 in the past but feels that the cost must be considered. Mr. Hugh A. Delfs, High Point, inquired as to what will be done with the lots left on the East side of Homewood Boulevard if the City chooses to go with the realignment. He also inquired as to the exact timing involved in Mr. Bird's proposal and questioned whether this system would actually improve the traffic flow. Mr. David Appelbaum, 322 SW 28th Avenue, stated that Century Village in Deerfield Beach, which has about 12,000 residents, has three traffic lights within 225 feet of each other working separately to alleviate traffic. He was informed by a Public Safety employee that the system is. working out beautifully. It's been proven to work and he urges Council to show austerity and try this system. Dr. Birchard Brundage, 311 Homewood Boulevard, expressed concern over the possibility that those lots will be used for a commer- cial venture. Mr. Edward Sirow, High Point, noted that allowing right turns on red can be a danger to drivers coming out of Homewood Boulevard and High Point turning right onto Atlantic Avenue. Another danger is the many drivers who run the yellow caution lights. He stated that these two factors can lead to accidents if the road is not properly aligned with the entrance to High Point. Mr. Blair stated that he is in favor of the realignment and recommended rezoning the property which the City will acquire to a light residential use of 6 units per acre or less. Mr. Perry was also in favor of the realignment. He noted that, with the proposed alternative, they would be taking the median break at Woodlake and simply moving that problem down the street. He also noted that residents of First En- counter would have a problem getting in and out of their property. Mr. Jackel stated that human life must take precedence over everything else. He favors the realignment and feels they must take action now. Mr. Bird advised that the realignment will cost $300,000 or ½ mill of taxpayer dollars. He feels that the safety aspect of this is being overly drama- tized and the financial impact is being under dramatized. He will not support the realignment, not because it is not a good solution, but because he cannot take on the fiscal responsibility of favoring it. Mayor Young stated that he, too, is concerned over the City's lack of money; however, he feels the realignment is the only solution that is safe and equitable. Mr. Blair moved to approve the realignment of Homewood Boulevard, to prepare the plans for same, to authorize the Administra- tion to begin negotiations and to authorize the purchase of the neces- sary property, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Mr. Blair moved that the property which will be left to the east of realigned Homewood Boulevard be zoned at a density not to exceed 6 units per acre, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Jackel stated that he feels it is too soon to come to a decision on zoning and for this reason he will vote against the motion. - 2 - 04/13/82 Mayor Young declared a recess, the time being 8:00 P.M. The meeting reconvened at 8:05 P.M. 5.b.1. Mayor Young presented and read a proclamation proclaiming the week of April 25 - 30, 1982 as "Florida Architectural Week". 5.b.2. Mayor Young presented and read a proclamation proclaiming the week of April 18 - 24, 1982 as "Victims Rights Week". 5.a.1. Mr. Richard Krob, 3031 Phoebe Lane, advised Council of a problem regarding the bridge on Audubon Boulevard leading into Bass Creek. There is a settlement of about 2 inches on the 8 foot approach of the bridge and a vehicle approaching either end of the bridge causes a severe impact. There is also the problem of serious erosion under- neath the approach of the bridge. His concern is that they will eventu- ally have deterioration of the sub-structure. He recommends overlaying the deck portion of the bridge with one inch of asphalt and estimates the cost of 23 tons of asphalt to be $1,000.00. He feel it is impera- tive that something be done now to correct the situation. Mr. Bird moved to direct the Administration to review Mr. Krob's concern and return to Council at workshop with an appropriate solution, seconded by Mr. Blair. Said motion passed unanimously. Mr. Krobb advised that there are other bridges in the area that are deteriorating and recommended that the Administration do a bridge study. At this point the roll was called to the motion. 5.b.3. Mr. Blair advised that there will be an Arbor Day Celebra- tion at the park near the Adult Recreation Center on Saturday, April 24th at 10:00 A.M and all citizens of Delray Beach are welcome. 5.b.4. Mr. Bird moved for the formation of an athletic committee to be in service for 90 days to advise them on matters relating to team sports, said committee to be chaired by Bob Chapin and include in its membership Jeff Hill, Bob Miller, Tom McMurrian, Roger Saberson, Tim Hunt and Bob Hayes, seconded by Mr. Blair. Said motion passed unani- mously. 5.b.5. Mr. Bird advised that a suggestion was made to him regarding a system for beach cleaning in which it can be done routinely on a long term contractual basis better than the City is doing it now and at less cost. It was the consensus of Council to bring this item to a workshop meeting. 5.b.6. Mr. Bird asked for Council approval to direct the City Attorney to prepare a resolution supporting the State's resumption of funding for the 8th Street Bridge, copies to be sent to the City of Gulfstream. The Mayor of Gulfstream informed him that if they prepared the resolution, his Council is prepared to take action on it. Council concurred. 5.c.1. The City Attorney requested that Council authorize his office to institute appropriate legal proceedings as soon as possible in order to clarify certain provisions contained in the public records law relative to certain private documentation. Mr. Bird moved to authorize the City Attorney's office to proceed as requested, seconded by Mr. Blair. Said motion passed unani- mously. 5.d.1. The City Manager advised of a change to Item 21 of the Consent Agenda. The figure should read $23,367 instead of the figure shown on the agenda. - 3 - 04/13/82 5.d.2. The City Manager reported that Council is to consider the acceptance of amendments to five agreements which the City has with Florida East Coast Railroad. These agreements lease certain properties along the railroad right-of-way to the City for beautification and other uses. The Railroad has requested payment of additional fees, for this year $491.10 and for future years about $750.00 per year, to cover the Railroad's increased insurance cost for those properties. Approval is recommended. Mr. Blair moved to approve the amendment to the agreements, seconded by Mr. Bird. Said motion passed unanimously. 6. Mr. Bird moved to approve the agenda as amended by the City Manager, seconded by Mr. Blair. Said motion passed unanimously. 8. Rezonin~ - Southwest Corner of the E-4 Canal and the L-32 Canal, (Ignacio Alvarado, applicant). Council is to consider a request to rezone a 36.8-acre parcel of land from R-1AA to R-iA. The Planning and Zoning Board approved the request by a 4 to 3 vote. Mr. George Hero, attorney for the applicant, gave a pre- sentation, showed a diagram and described the surrounding uses. He advised that they have met with other property owners to discuss con- struction of a road. They intend to have 144 units in this site plan with a lake and park in the center and they are not aiming for high density. There are two main issues, single homes as opposed to multi- family homes and the Comprehensive Land Use Plan, and they feel that this plan meets those needs. They are planning to build single family homes and are simply asking for a slight reduction to build the homes at 1000 to 1250 sq. ft. It's difficult to afford a home in today's market; they plan to produce homes in the price range of $70,000 to $80,000. He doesn't feel that this neighborhood would support a $125,000 home. They feel that the area would be better off by having this type of home and he urges City Council to sustain the recommendation of the Planning & Zoning Board. Mr. Adolph Manini, 840-A High Point Boulevard, stated that he does not think this plan will be an improvement to the area. Mr. Harold Brown, High Point, was opposed to downgrading. Mr. Morris Martin, High Point, emphasized that, regardless of how the Planning & Zoning Board voted on this, the citizens were against it. He feels that the people are the ones to be considered. Upon question by Mr. Henry Frye of High Point, Mr. Hero advised that they have discussed contruction of a road at no cost to the City. Mr. John J. Delane¥, 835-D North Drive, spoke in opposition of the City devaluating this piece of property by rezoning it to R-lA. He pointed out that High Point is a well run condominium with rules and regulations to keep it up and stated that he is concerned as to what they will get across the street from them. Ms. Phoebe McCarty spoke in opposition of having another road in the area. Mrs. Alice Finst 707 Place Tavant, presented a letter put- ting the Homeowners League of Chatelaine on record as being opposed to any zoning changes to increase density in the western area of the City of Delray Beach. She stated that there is a perfect example of R-iA zoning by the Pine Grove School. Several years ago a developer put up two R-iA sized houses in their subdivision and it had such an impact on their community that they came before Council and had the whole subdivi- sion rezoned to prevent further decrease in their property values. Upon question by Mr. Tom O'Flynn of High Point, Mr. Bird replied that First Encounter lies west of the road and will not be affected by it. - 4 - 04/13/82 Mr. I~nacio Alvarado, developer, advised that he is as concerned about property values as anyone and that is one of the reasons why they are proposing this roadway. He explained the location of the roadway and noted that the additional density would help them diminish some of these extra costs. He advised that this property is presently zoned at R-1AA which means he can go in there and build 125 units. He is asking permission to build 142 units. Mr. Blair stated that they covered this subject at workshop and he still does not see any benefit to the City. Mr. Blair moved to deny the application, seconded by Mr. Perry. Said motion passed unanimously. Mayor Young declared a recess the time being 8:55 P.M. The meeting reconvened at 9:00 P.M. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 9. Auction of Confiscated Vessels and Van. Council is to con- sider authorizing submitting to sale a 1979 30' Wellcraft vessel, a 1978 30' Wellcraft vessel and a 1977 Dodge van, confiscated in a drug raid and that auctioneer Jim Graham be retained to handle the sale by auction under terms and conditions similar to the last boat sale. Approval is recommended. 10. Rain Shelters at Delra¥ Beach Country Club. Council should consider approval of Change Order No. 1 increasing the contract price by $1,340.00 for a total of $22,540.00. The change order involves instal- lation of a lightning rod system and use of copper ground stop in lieu of galvanized at each rain shelter, which will give greater protection to occupants and reduce maintenance. Approval is recommended. 11. Concession Building - Miller Park. Council is to consider approval of Change Order No. 2 increasing the contract price by $813.00 for a total of $48,878.00. The change order involves upgrading the pass-thru kitchen counter window to that of aluminum roll-up counter-top shutter to reduce vandalism, breakage and minimize maintenance. Ap- proval is recommended. 12. Easement Deed - Earl and Juanita Harvel. Council should consider accepting a 20-foot utility easement for the installation of the 16" water main to serve the proposed water storage tank east of High Point. It is recommended that Council authorize acceptance of the easment deed. 13. Developers' Utility Service Agreement - Pines of Delray Villas. Council is to consider approving and authorizing execution of an agreement between the City and Stelar Corporation for sewer service to Pines of Delray Villas, located on the west side of Military Trail and Lake Ida Road, if extended west. Approximately $38,000 ($625 per acre for 60+ acres) will be paid to the City at the time indicated in the agreement. Approval is recommended. 14. Additional Architectural Services - City Hall Expansion. Mr. Ken Rubsamen, Architect, has advised that the changes resulting from revision to City Hall plans amounted to an additional fee of $15,637.50. Funds are available in the 1980 General Obligation Bond Issue. It is recommended that Council authorize payment for such additional fee. 15. Trihalomethane Study - Water Treatment Plant. Council is to ~onsider authorizing execution of a contract with Environment Science and Engineering, Inc. for subject study with a fee limitation of $20,000 and funding to come from the Water and Sewer Contingency Account. Ap- proval is recommended. - 5 - 04/13/82 16. Management Advisory Services - May Zima & Company. Council is to consider authorizing the retention of May Zima & Company for an indirect cost allocation study. The fee will not exceed $4,500 and funds can be transferred from the General Fund Contingency Account. It is recommended that Council authorize execution of the letter of pro- posal. 17. Lift Station Numbers 50 and 80. Resolution No. 32-82, au- thorizing the City Manager to sign documents related to Federal as- sistance for Lift Station Numbers 50 and 80, is before Council for con- sideration. The total approved grant from EPA is $1,750,152. The City's matching funds amount to $573,000 and are covered in the 1979 Water and Sewer Bond Issue. Approval is recommended. The caption of Resolution No. 32-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH AUTHORIZING GORDON D. TIFFANY, CITY MANAGER, TO SIGN DOCUMENTS RELATED TO FEDERAL ASSISTANCE UNDER PUBLIC LAW 92-500 CONSTRUCTION GRANTS PROGRAM. (Copy of Resolution No. 32-82 is on file in the official Resolution Book) 18. Fence for Retention Pond -- Lake Ida Road & N.W. 4th Street. It is recommended that Council authorize the installation of 340 feet of six foot chain link fence at an estimated cost of $3,000 with funds to come from the Florida Power & Light excess reserve. 19. Streets and Storm Drains Acceptance. Resolution No. 33-82, accepting streets and storm drains as recorded in the plat of Pines of Delray North, is before Council for consideration. Approval is recom- mended. The caption of Resolution No. 33-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN PINES OF DELRAY NORTH, AS RECORDED IN PLAT BOOK 35, PAGE 146; PLAT BOOK 38, PAGE 18, PLAT BOOK 39, PAGES 104 AND 105 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; 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. 33-82 is on file in the official Resolution Book) 20. Sanitary Sewers and Water Utilities. Resolution No. 34-82, accepting sanitary sewers and water utilities as recorded in the plat of Pines of Delray North, is before Council for consideration. Approval is recommended. The caption of Resolution No. 34-82 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 PINES OF DELRAY NORTH, AS RECORDED IN PLAT BOOK 35, PAGE 146; PLAT BOOK 38, PAGE 18; PLAT BOOK 39, PAGES 104 AND 105 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL 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 RESO- LUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 34-82 is on file in the official Resolution Book) - 6 - 04/13/82 21. Construction and Installation of a Fuel Station at the new Public Works Complex. Resolution No. 35-82, awarding the contract to the low bidder, Glasgow Construction Service, Inc., in the amount of $23,367 with funds to come from the Public Works Construction Account from the Utility Tax Bond Issue, is before Council for consideration. Approval is recommended. The caption of Resolution No. 35-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE CONSTRUCTION AND INSTALLATION OF A FUEL STATION AT THE NEW PUBLIC WORKS COMPLEX; PROVIDING FOR FUNDING OF THIS CONTRACT. (Copy of Resolution No. 35-82 is on file in the official Resolution Book) 22. Alley Abandonment - Block 84 (Ocean City Lumber Company). Resolution No. 36-82, vacating and abandoning the south 144 feet of the north-south alley located north of Atlantic Avenue, between N.E. 2nd Avenue and the FEC Railroad, is before Council for consideration. Ap- proval is recommended. The caption of Resolution No. 36-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE SOUTH 144 FEET OF THE NORTH-SOUTH ALLEY LOCATED IN BLOCK 84, TOWN OF LINTON, DELRAY BEACH, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 36-82 is on file in the official Resolution Book) 23. Resurfacing of N.E. 2nd Avenue between N.E. 4th Street and N.E. 9th Street. Resolution No. 37-82, authorizing and directing the Purchasing Agent to proceed with price negotiations for a contract to resurface the street, is before Council for consideration. Funds are available in the 1981-82 budget. Approval is recommended. The caption of Resolution No. 37-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO SECTION 2-36 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHOR- IZING AND DIRECTING THE PURCHASING AGENT TO PROCEED WITH PRICE NEGOTIATIONS FOR A CONTRACT TO EFFECT THE RESUR- FACING OF N.E. 2ND AVENUE BETWEEN N.E. 4TH STREET AND N.E. 9TH STREET; PROVIDING FOR FUNDING FOR THIS CONTRACT. (Copy of Resolution No. 37-82 is on file in the official Resolution Book) 24. Sanitary Sewers and Water Utilities. Resolution No. 38-82, accepting the sanitary sewers and water utilities in a replat of Parcels W and X and portions of Parcel V as recorded in the plat of Abbey Delray South, is before Council for consideration. Approval is recommended. The caption of Resolution No. 38-82 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 A REPLAT OF PARCELS W AND X AND PORTIONS OF PARCEL V OF THE PLAT OF ABBEY DELRAY SOUTH AS RECORDED IN PLAT BOOK 42, PAGES 121-123 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. - 7 - 04/13/82 (Copy of Resolution No. 38-82 is on file in the official Resolution Book) 25. Sanitary Sewers and Water Utilities. Resolution No. 39-82, accepting the sanitary sewers and water utilities as recorded in the plat of Abbey Delray South, is before Council for consideration. Ap- proval is recommended. The caption of Resolution No. 39-82 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 ABBEY DELRAY SOUTH, AS RE- CORDED IN PLAT BOOK 41, PAGES 96-98 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: WITHIN THE PLAT LIMITS: A WATER MAIN IN HOME- WOOD BOULEVARD FROM PROJECT ENTRANCE NORTH TO BLACK OLIVE BOULEVARD; A FORCE MAIN ALONG LINTON BOULEVARD FROM THE LIFT STATION EAST TO GREEN PARKWAY, THEN NORTH TO BLACK OLIVE BOULEVARD, AS OPERATIONAL 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 DIS- CHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 39-82 is on file in the official Resolution Book) 26. Nuisance Abatement. Resolution No. 40-82, assessing costs for abating nuisances in accordance with Sections 13-12 and 13-13 on 15 parcels, is before Council for consideration. Approval is recommended. The caption of Resolution No. 40-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 40-82 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, seconded by Mr. Blair. Said motion passed unanimously. REGULAR AGENDA 27. Vehicles - Police Department. Council is to consider (a) authorizing retention of two 1979 Fords to replace wrecked vehicles and (b) authorizing purchase of two CTll0 Honda Motorcycles with funds available in the 1981-82 budet. The Administration recommends approval. The City Manager explained that what the Police Department basically wants is to turn in eight (8) cars and be given credit for the three (3) wrecks, which makes a total of eleven (11) vehicles, and the twelfth car would be the replacement for the two (2) motorcycles. He added that the new Internal Audit Committee will be asked to study and report to Council on the concept of a motor pool and fleet management, in general. If they use the motor pool concept in the future, it would be his intention that the two vehicles they are now retaining be in that motor pool. - 8 - 04/13/82 Mr. Bird moved for approval of the recommendation subject to a review of the City fleet to identify the vehicles to be turned in, if they need not necessarily be the eight that are turned in by the Police Department, and subject to the Moped, which he understands was to be transferred to another City department, being held in abeyance and returned with some justification for consideration by Council at a workshop meeting, seconded by Mr. Blair. Said motion passed unanimous- ly. Before roll call, Mr. Bird stated that they may have some vehicles out there that are in worse shape and they should get rid of the worst ones first. At this point the roll was called to the motion. 28. Metropolitan Planning Organization Representative. Council is to consider appointing a Council Member to serve on the Metropolitan Planning Organization as a replacement for Council Member Charlotte Durante. Mr. Bird moved to appoint Mayor Young, seconded by Mr. Blair. Said motion passed unanimously. 29. Appointment - Community Appearance Board. Council is to consider the appointment of one alternate member to the Community Ap- pearance Board to a term ending August 25, 1983. The Chairman of that Board has submitted the name of James M. Towery. Mr. Blair moved to appoint James M. Towery as an alternate member, seconded by Mr. Bird. Mr. Bird noted that they recently appointed Mr. Turner to that Board as a landscape architect and asked how many landscape archi- tects are needed on the Board. Mr. Blair replied that he believes they need two. Mr. Bird stated that it was his understanding that they eliminated a landscape architect and instead added a person in the sign business. Mr. Bird suggested that they review the membership of that Board as to who has what qualifications to find out exactly what is missing. Mr. Blair withdrew his motion and Mr. Bird his second. Mr. Bird moved to send this item to the Administration to resolve and put on the next regular agenda, seconded by Mr. Blair. Said motion passed unanimously. 30. Ordinance No. 26-82 - Amend Code - Garbage and Trash. Ordi- nance No. 26-82, amending Chapter 12 "Garbage and Trash" extending the exemption from City garbage service for High Point and Country Manors until December 31, 1983, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 26-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-3, "GARBAGE AND TRASH COLLECTION RESERVED EXCLUSIVELY IN THE CITY; EXCEPTION IN CERTAIN AREAS", TO EXTEND THE EXEMPTION FROM CITY GARBAGE AND TRASH COLLECTION GRANTED TO HIGH POINT CONDOMINIUMS SECTIONS 1 THROUGH 7, INCLUSIVE, AND COUNTRY MANORS CONDOMINIUM SECTIONS 1 THROUGH 8, UNTIL DECEMBER 31, 1983; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 26-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 9 - 04/13/82 31. Ordinance No. 35-82 - Amend Code - Garbage and Trash. Ordi- nance No. 35-82, amending Chapter 12 "Garbage and Trash" relative to providing for an exception, under certain conditions, from required City collection for compactor and roll off container service, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 35-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-3, "GARBAGE AND TRASH COLLECTION RESERVED EXCLUSIVELY IN THE CITY, EXCEPTION IN CERTAIN AREAS", TO RELETTER AND RE- TITLE SAID SECTION, AND TO ADD A NEW SUBSECTION (b) TO PROVIDE FOR AN EXCEPTION, UNDER CERTAIN CONDITIONS AND UPON WRITTEN APPROVAL OF THE CITY MANAGER, FROM REQUIRED CITY COLLECTION, REMOVAL AND DISPOSITION OF GARBAGE AND TRASH WHERE SUCH GARBAGE AND TRASH IS TO BE PLACED IN STATIONARY COMPACTOR UNITS AND COMPACTOR CONTAINERS AND OTHER LIKE CONSTRUCTION/BULK CONTAINERS; PROVIDING FOR LIMITATION AND EXPIRATION OF SUCH EXCEPTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 35-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mr. Bird, the City Manger explained that they are going to authorize the exception until December 31, 1983, which date they selected because they felt a 3 year period was sufficient to advertise the equipment that would have to be bought by the contractors. By that time, hopefully, they will be in a position to permanently resolve the issue. Mr. Bird inquired, regarding such ar- rangements or agreements as currently exist in the City in which they had not yet taken a change, will they specifically notify the parties. The City Manager replied that they intend to. At this point the roll was called to the motion. 32. Ordinance No. 27-82 - Rezoning, Conditional Use, Site and and Development Plan Approval - Congress Park. Ordinance No. 27-82, rezoning and placing a 30.59 acre parcel of land which is presently zoned R-1AA, in part, and RM-15, in part, in SAD, is before Council for consideration on First Reading. This parcel is located south of Atlantic Avenue, between Congress Avenue and the E-4 Canal. The City Manager presented Ordinance No. 27-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 30.59 ACRE PARCEL OF LAND LOCATED SOUTH OF ATLANTIC AVENUE, BETWEEN CONGRESS AVENUE AND THE E-4 CANAL, SAID LAND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 27-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 10 - 04/13/82 33. Ordinance No. 28-82 - Rezonin~, Comprehensive Plan Amendment, Site and Development Plan Approval - Saddle Ridge. Ordinance No. 28-82, changing the City's Land Use designation in the Comprehensive Plan for the subject property from SF to PRD-4 (4 units/acre) and rezoning the property from R-1AA to PRD-4, is before Council for consideration on First Reading. This property is located south of Atlantic Avenue, between Congress Avenue and the E-4 Canal. The City Manager presented Ordinance No. 28-82: 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 SF SINGLE FAMILY TO PRD-4 PLANNED RESIDENTIAL (4 UNITS/ACRE) AND REZONING THE SUBJECT PROPERTY FROM R-1AA (SINGLE FAMILY DWELLING) DISTRICT TO PRD-4 (PLANNED RESIDENTIAL) DISTRICT, SAID PROPERTY BEING IN SECTIONS 18 AND 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND IS LOCATED SOUTH OF ATLANTIC AVENUE, BETWEEN CONGRESS AVENUE AND THE E-4 CANAL, GRANTING SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 28-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 34. Ordinance No. 29-82 - Zoning Ordinance Amendment - Special Setback Provisions. Ordinance No. 29-82, relative to correcting con- flicting requirements for building setbacks along West Atlantic Avenue, between Swinton Avenue and the 1-95 Interchange, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 29-82: 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 30-16(F) "SPECIAL SETBACK PROVISIONS", BY SUBSTITUTING "I-95 INTERCHANGE" FOR "CITY LIMITS" TO CORRECT CONFLICTING REQUIREMENTS FOR BUILDING SETBACKS ALONG WEST ATLANTIC AVENUE, BETWEEN SWINTON AVENUE AND THE 1-95 INTERCHANGE; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 29-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 35. Ordinance No. 30-82 - Zonin~ Ordinance Amendment - Parking Requirements for Restaurants, Etc. Ordinance No. 30-82, relative to clarifying the requirement for providing parking spaces for any outside area used as an extension of a restaurant, cafe, snack shop, night club, bar and lounge, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 30-82: 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 30-18(F)(5)(cc), "OFFSTREET PARKING REGULATIONS", TO CLARIFY THE REQUREMENT OF PROVIDING PARKING SPACES FOR ANY OUTSIDE AREA USED AS AN EXTENSION OF THE USE OF A RESTAURANT, CAFE, SNACK SHOP, NIGHT CLUB, BAR AND LOUNGE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 11 - 04/13/82 The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 30-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 36. Ordinance No. 31-82 - Zoning Ordinance Amendment - Gasoline Stations (Curb Cuts). Ordinance No. 31-82, relative to increasing the allowable curb cut width from 24 feet to 36 feet to allow for better traffic circulation in and out of the facility, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 31-82: 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 30-17(O)(13), "GASOLINE STATIONS", TO INCREASE THE ALLOWABLE CURB CUT WIDTH FROM TWENTY-FOUR (24) FEET TO THIRTY-FIVE (35) FEET; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for adoption of Ordinance No. 31-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 37. Ordinance No. 32-82 - Zoning Ordinance Amendment - Supple- mentary Regulations (Minimum Spacing between Buildings). Ordinance No. 32-82, relative to limiting the minimum spacing between buildings re- quirement to residential buildings only, is before Council for con- sideration on First Reading. The City Manager presented Ordinance No. 32-82: 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 30-17(Q), "SUPPLEMENTARY REGULATIONS", TO LIMIT THE MINIMUM SPACING BETWEEN BUILDINGS REQUIRE- MENT TO RESIDENTAL BUILDINGS ONLY, AND TO CLARIFY THE DEFINITION OF HEIGHT TO READ THE SAME AS THAT STATED IN SECTION 30-1(12) "DEFINITIONS"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 32-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird requested that the Administration provide them with some background information for clarification of certain parts of the ordinance. The City Manager suggested bringing it to a workshop meeting for discussion before public hearing on April 27th. Council concurred. At this point the roll was called to the motion. 38. Ordinance No. 33-82 - Zoning Ordinance Amendment - Off Street Parking Regulations (Reduction in Number of Spaces). Ordinance No. 33-82, relative to reducing the number of required parking spaces for office and industrial uses to allow for an increase in the amount of pervious area within these types of developments, is before Council for consideration on First Reading. - 12 - 04/13/82 The City Manager presented Ordinance No. 33-82: 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 30-18, "OFF-STREET PARKING REGULATIONS", BY ADDING A NEW SUBPARAGRAPH (G), "REDUCTION IN THE NUMBER OF REQUIRED OFF-STREET PARKING SPACES FOR OFFICE AND INDUSTRIAL USES"; TO ALLOW FOR AN INCREASE IN THE AMOUNT OF PERVIOUS AREA WITHIN THESE TYPES OF DEVELOP- MENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 33-82 on First Reading, seconded by Mr. Perry. Mr. Bird stated that he has the same problem with this ordinance as he had with the original ordinance for multi-family, where they allowed them to reduce the number of parking spaces in favor of pervious material but they amended it to require that those spaces (1) be identified and (2) be put in stabilized base. He suggested that this ordinance be amended so that the spaces will be identified with a bumper and put in stablized base. Mr. Blair moved for adoption of Ordinance No. 33-82 with the amendment as suggested by Mr. Bird, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 39. .... Ordinance No. 34-82 - Amend Code - SAD (Special Activities District). Ordinance No. 34-82, amending Chapter 9 "Building and Con- struction relative to revising the sign requirements for developments zoned SAD, is before Council for consideration. The City Manager presented Ordinance No. 34-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS," SECTION 9-211(E), "SIGNS PERMITTED AND REGULATED," BY ADDING A NEW SUBSECTION (1) AND RENUMBER- ING THE FOLLOWING SUBSECTIONS TO ESTABLISH A CRITERIA FOR SIGNS THAT MAY BE APPROVED WITHIN A SPECIAL ACTIVITIES DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 34-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Mayor Young declared the meeting adjourned at 9:30 P.M. Clerk ATTEST: MAYOR - 13 - 04/13/82 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 13, 1982, which minutes were for- mally approved and adopted by the City Council on ~.~~ ~ Z ~P~- y 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. - 14 - 04/13/82