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12-15-81 DECEMBER 15, 1981 A regular m leting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, December 15, 1981, with Mayor Leon M. Weekes, presiding and City Manager Robert H. Fisk, City Attorney Herbert W.A. Thiele, and Council members James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. 1. The opening prayer was delivered by Council Member Durante. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Keith Uhlenhaut gave a presentation regarding the im- portance of sports and recreation for our younger citizens. He feels the citizens of Delray Beach were wrong to vote against the three mil- lion dollar bond issue last September, and urged Council to vote tonight that it be put back on the ballot in March, 1982. He stressed the need for more and better recreational facilities and suggested the following: that Miller Park be expanded to accommodate a variety of sports activ- ities; Pompey Park be renovated; the development of Barwick Park; the hard-topping of the tennis courts and availability to those who cannot afford memberships. He feels that the bond issue could help to accom- plish these goals. In addition, he advised that Mr. Joe Valentino, boxing instructor, is offering his services to the City at no charge and he proposed that approximately $60,000 be added to the bond issue for the purpose of starting a boxing instruction program in Delray Beach. Mr. Bird moved to instruct the City Attorney to take the appropriate steps to put this item on the ballot for consideration, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mr. Blair spoke in regard to the water pressure in the City and requested that the City Manager find out when the additional water plant will become operational. 4.b.1. Mr. Scheifley stated that he feels there should be more effort on the part of the Building Inspection Department to have the lots along West Atlantic Avenue cleaned up. 4.c.1. Mr. Bird wished everyone a happy Holiday. 4.d.1. Mrs. Durante suggested that Mr. Winters be informed of Council's intentions regarding the City owned lot on Ingraham Avenue. Mayor Weekes replied that there may be some need for further discussion in regard to the utilization of this lot and advised that the status currently is that City Council has directed that the lot be cleared and paved for public parking. He further advised that Mr. Winters' memo- randum to the City Manager recommends that the house on the lot be renovated and used partially for storage and partially for the beach supervisor and that it be maintained as a landscaped area. He suggested that this item be held in abeyance until a resolution has been received from the County Attorney's office. 4.e.1. Mayor Weekes reported that with regard to the City Manager recruitment, Mr. Gordon Tiffany, the Assistant City Manager of Daytona Beach, will be in Delray Beach on Monday and also over the weekend to survey the City. He also reported that Mr. Richard Ormond, a professor at Florida Atlantic University and a former City Manager of Riviera Beach, would like to talk to Council regarding the City Manager's posi- tion and will have a resume to the City Manager by Thursday. Mr. Ormond will also be available at some point early next week for discussion with Council. 5. There were no public requests from the floor. 6.a.1. The City Manager reported on the running cost of the Odophos treatment at the sewerage treatment plant and recommended that the City continue with the Odophos treatment. Mr. Bird moved for approval of the City Manager's recom- mendation, seconded by Mr. Blair. Said motion passed unanimously. 6.a.2. The City Manager reported that time has run out on the low bid for the Public Works Complex and recommended that Council accept the second low bid and award the contract to Sessoms-Grice Construction Company. He requested that Council allow him to negotiate for the removal of the sanitation building which would be taken off by change order. Mr. Blair moved that the City Manager be authorized to negotiate with Sessoms-Grice with funding to come from the bond issue proceeds, seconded by Mr. Scheifleyo Said motion passed unanimously. Before roll call the following discussion was had. Upon question by Mr. Scheifley as to whether or not this deletion of the Sanitation Building portion of the Public Works Complex would be a temporary situation, the City Manager replied that that is why he suggested the negotiations, so that it could be restored if necessary. At this point the roll was called to the motion. 6.a.3. The City Manager reported that he received a recommendation from the City Attorney's office regarding a liability insurance require- ment for paramedics. The City Attorney added that this requirement would ensure that the City and the paramedics are insured against medi- cal malpractice claims when they are working off-duty. The paramedics would have to obtain their own insurance or add the City onto existing policies, although this has become a problem both financially and admini- stratively. Council is to consider whether or not the City wishes to forego that requirement, due to the fact that the potential for such liability is very minimal. Mayor Weekes stated that there has not been any case in the State of Florida where a City has been held liable for the actions of off-duty emergency medical personnel. He also added that he could see no reason why the City should not waive this requirement and have a contract ratified with the firefighters. Mr. Bird moved for approval of the City Manager's recom- mendation, seconded by Mrs. Durante. Said motion passed unanimously. 6.b. CONSENT AGENDA Mr. Bird requested that items (5) and (6) be removed from the consent agenda. The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) It is recommended that Council consider authorizing leave of absence with pay for Mr. Robert Fisk for December 28th, 29th, 30th and one-half day on the 31st. (2) A communication has been received from American Legion Auxiliary of Sherman Williams Unit 188, requesting permission to solicit funds on February 19th and February 20th, 1982. (3) A communication has been received from Milton Myers Unit No. 65, American Legion Auxiliary, requesting permission to solicit funds on February 19th and February 20th, 1982. (4) It is recommended that the minutes of the Beautifi- cation Committee meeting of December 3, 1981 be acknowledged. Mr. Bird moved for approval of the Consent Agenda with the exception of items (5) and (6), seconded by Mrs. Durante. Said motion passed unanimously. - 2 - 12/15/81 REGULAR AGENDA 6.b.5. The City Manager reported that it is recommended that the City purchase 11 Plymouth Gran Fury vehicles for the Police Department from Hollywood Chrysler-Plymouth in the amount of $79,722.17, with funding to come from the 1981-82 budgeted funds in the Police Department by adoption of Resolution No. 100-81. Council, at the December 8th meeting, approved purchase of the vehicles. The City Manager presented Resolution No. 100-81. 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, DIREC- TING THE PURCHASING AGENT TO PROCEED WITH PRICE NEGOTIA- TIONS FOR THE PURCHASE OF ELEVEN (11) POLICE TYPE VE- HICLES FOR THE POLICE DEPARTMENT; PROVIDING FOR FUNDING. (Copy of Resolution No. 100-81 is on file in the official Resolution Book) Mr. Bird moved for passage of Resolution No. 100-81 to purchase 11 vehicles for the Police Department with the understanding that 11 other vehicles would be removed from the fleet, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.b.6. The City Manager reported that the Planning & Zoning Board at a meeting held on December 2nd, recommended by unanimous vote that the zoning ordinance be amended relative to off street parking (reduc- tion in number of spaces for office and industrial uses). It is recom- mended that Council instruct the City Attorney to prepare an ordinance effecting the amendment. Mr. Bird stressed the need for stabilization of green areas. Mr. Christensen, Planning and Zoning Board member, stated that the only uses the Board had considered were for offices and industrial uses where they have found that the parking spaces aren't used so it would enable them to leave the area green. Mayor Weekes suggested that the City Attorney be authorized to prepare an amendment to the ordinance. Mrs. Durante added that she would like to see an addition made to the amendment preparing those areas for future parking without paving them. Mike McDaniel, Assistant City Planner, explained that the once-a-week uses for parking are already allowed to be on stabilized sod. The proposal being made now is strictly for office and industrial uses where those people who will be occupying the building know how many parking spaces are required. The problem is the over-abundance of asphalt in these areas and the Planning & Zoning Board is looking for a way to reduce this. Mr. Bird moved for approval of the recommendation to in- struct the City Attorney to prepare an ordinance, seconded by Mr. Schei- fley. Said motion passed unanimously. 6.c.1. The City Manager reported that as discussed at the workshop meeting on December 1st, Council is to consider authorizing execution of an agreement between the City and Layer's Delray Racquet Club, Inc. for the installation of a traffic signal at S.W. 10th Avenue and Linton Boulevard. The City will attempt to obtain funds for the traffic signal as part of the road impact fee for the future development along Linton Boulevard and S.W. 10th Avenue. This item was withdrawn from the Decem- ber 8th agenda. Mayor Weekes advised that the agreement prepared by the City Attorney is not acceptable to Layer's Delray Racquet Club. He has talked to Mr. Chapin, Attorney for Laver's, and Mr. Chapin feels that the agreement should contain some wording to the effect that if the City, after reasonable effort, cannot collect the money from the devel- oper of the shopping center site, then Laver's would provide the funds. - 3 - 12/15/81 Mrs. Durante moved to authorize the City Attorney to prepare such an agreement, seconded by Mr. Bird. Said motion passed unani- mously. 7. There were no petitions and communications. Mrs. Durante left the Council Chambers at this time. 8.a. The City Manager reported that Ordinance No. 88-81 relative to annexing a 4.3-acre parcel of land located at the southeast corner of $.W. 10th Street and S.W. 7th Avenue, subject to SAD (Special Activ- ities) District has been prepared for Council consideration on First Reading. This property is presently zoned in the County as RH (Residen- tial Multiple Family) (High Density). Council, at the December 8th meeting, requested permission from the Palm Beach County Board of Commis- sioners to rezone the land to be annexed. Second and FINAL Reading and public hearing will be held at the meeting on January 26, 1982. The City Attorney presented Ordinance No. 88-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 1 THROUGH 31, INCLUSIVE, OF BLOCK A OF THE PLAT OF RIDGEWOOD HEIGHTS, ALONG WITH THAT PORTION OF S.W. 7TH AVENUE AND S.W. llTH STREET ABUTTING THE SUBJECT PROP- ERTY, AND INCLUDING THAT PORTION OF THE 25 FOOT RIGHT-OF- WAY DEDICATED FOR S.W. 6TH AVENUE ABUTTING THE SUBJECT PROPERTY, AND INCLUDING THE ALLEYS INTERNAL TO THE SUB- JECT PROPERTY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 44, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIG- UOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 88-81 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.b. The City Manager reported that Ordinance No. 89-81 relative to rezoning and placing land zoned RH (Residential Multiple Family)(High Density) to SAD (Special Activities) District, and conditional use and site and development plan request to allow 40 multiple family dwelling units, Pine Forest, located at the southeast corner of S.W. 10th Street. and S.W. 7th Avenue, has been prepared for Council consideration on First Reading. Public Hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on January 26, 1982. Council at the November 10th meeting, instructed the City Attorney to prepare the ordinance effecting the rezoning. The City Attorney presented Ordinance No. 89-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED RH (RESIDENTIAL MULTIPLE FAMILY) DISTRICT UNDER COUNTY ZONING REGULATIONS, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES) DISTRICT TO ALLOW 40 MULTIPLE DWEL- LING UNITS, BEING APPROXIMATELY 4.3 ACRES, LOCATED AT THE SOUTHEAST CORNER OF S.W. 10th STREET AND S.W. 7TH AVENUE, SAID LAND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOP- MENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Attorney read the caption of the ordinance. - 4 - 12/15/81 Mr. Scheifley moved for the passage of Ordinance No. 89-81 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Bird referred to a similar proposal in which the City was requested to reconsider the entire area along Linton Boulevard because of the transitional nature of it. At that time the Planning and Zoning Board reported that the properties in that area did not require any additional zoning change and that these properties could be devel- oped at the existing zoning. Mr. Bird inquired as to whether the ordi- nance before them is reflective of a change in the Board's attitude that, perhaps, the area does need to be restudied and suggested that if this is the case then it should be looked into. He also suggested restudying the area lying north of Atlantic Avenue, west of the indus- trial area, running to the east High Point boundary. Mr. Blair advised that some time ago he had asked to have the Planning and Zoning Board restudy the area along Linton Boulevard and West Atlantic Avenue. No action was ever taken, but he does feel that both these areas need some study. At this point the roll was called to the motion. 8.c. The City Manager reported that Ordinance No. 90-81, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to providing for notice to the owner of the property of the City's intent t© file a lien against the property for the amount of the unpaid water bill has been prepared for Council consideration on First Reading. Council, at the December 8th meeting, instructed the City Attorney to prepare the ordinance. Mrs. Durante returned to the Council Chambers at this time. The City Attorney presented Ordinance No. 90-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 29-22, "WHEN BILL DELINQUENT; DISCONTINUING SERVICE; PROCEDURE", BY ADDING A NEW SUB- SECTION (h) PROVIDING FOR NOTICE TO THE OWNER OF THE SUBJECT REAL PROPERTY OF THE CITY'S INTENT TO FILE A LIEN AGAINST SAID PROPERTY FOR AMOUNT OF UNPAID WATER BILL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the passage of Ordinance No. 90-81 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante- Yes; Mr. Blair- Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mayor Weekes declared the meeting adjourned at 8:10 P.M. ity Clerk ATTEST: MAYOR - 5 - 12/15/81 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 s~id City Council of December 15, 1981 which minutes were formally approved and adopted by the City Council on -~lerk If the m±nute$ ~hat you ha~e rece±Ted are not completed as £nd±cated 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. - 6 - 12/15/81