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01-14-86 JANUARY 14, 1986 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:10 P.M., Tuesday, January 14, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John Hadlock, Church of the Nazarene. 3. The Pledge of Allegiance to the flag of the United States of America was given. Mr. Bird left the Council Chambers at this time. PUBLIC HEARING 4. Ordinance No. 139-85 - Zoning Ordinance Amendment - POC (Planned Office Center) District. Ordinance No. 139-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to lot dimensions and site area and building setbacks, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 139-85: 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 30-15.3, "PLANNED OFFICE CENTER", BY AMENDING SUBSECTION (E), "LOT DIMENSIONS AND SITE AREA", BY PROVIDING THAT THE REQUIREMENTS OF THAT SUBSECTION SHALL NOT BE APPLICABLE WHERE AN APPLICATION FOR ZONING AND SITE PLAN APPROVAL FOR A PROJECT TO THIS ZONING CATEGORY HAD BEEN FILED WITH THE CITY BEFORE JUNE 1, 1985; BY AMENDING SUBSECTION (F), "BUILDING SETBACKS", TO PROVIDE THAT THE BUILDING SETBACK REQUIREMENTS SHALL NOT BE APPLICABLE TO SITE PLANS PREVIOUSLY APPROVED UNDER POI OR SAD ZONING, OR WHERE AN APPLICATION FOR ZONING AND SITE PLAN APPROVAL UNDER POI WAS FILED PRIOR TO JUNE 1, 1985; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 139-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 139-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5. Ordinance No. 140-85 - Zoning Ordinance AmendMENT - RO (Reside- ntial Office) District. Ordinance No. 140-85, amending Chapter 30 "Zoning" of the Code of Ordinances by enacting a new mixed use RO (Residential Office) District, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 140-85: 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 ENACTING A NEW SECTION 30-8.4 "RO RESIDENTIAL OFFICE DISTRICT", AND PROVIDING (A) "PURPOSE"; (B) "PERMITTED USES; (C) "CONDITIONAL USES"; (D) "LOT DIMENSIONS, SITE AREA, DENSITY COMPUTATION"; (E) "AGGREGATE FLOOR AREA"; (F) "BUILDING SETBACKS"; (G) "GROUND FLOOR BUILDING AREA"; (H) "TOTAL FLOOR AREA"; (I) "BUILDING HEIGHT"; (J) "PARKING AND LOADING REGULATIONS"; (K) "WALLS AND FENC- ES''; (L) "LANDSCAPING"; (M) "SIGNS"; (N) "SPECIAL REGULA- TIONS''; (0) "PARK AND RECREATION LAND DEDICATION; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 140-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for passage of Ordinance No. 140-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. For the record, the City Attorney advised that Mr. Bird has declared a conflict of interest on Ordinance No. 140-85 on the basis that he has title to property that might be affected by this ordinance. Mr. Bird returned to his chair at this time. 6. Ordinance No. 141-85 - Amending Code - Subdivisions. Ordinance ~o. 141-85, amending Chapter 24 "Subdivisions" of the Code of Ordinances to provide that boundary replats need only obtain preliminary plat approval under certain conditions, and are otherwise exempt from re- platting, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 141-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14 "SUBDIVISIONS", ARTICLE II, "APPROVALS AND PROCEDURES" SECTION 24-18, "FINAL PLAT," SUBSECTION (C), "REPLATTING" TO PROVIDE THAT ONLY PRELIMINARY PLAT APPROVAL SHALL BE REQUIRED FOR A REPLAT WHICH WOULD RESULT IN THE CREATION OF A SINGLE LOT FROM A SINGLE LOT OR FULL PLATTED LOTS; PROVIDING CONDITIONS FOR THAT PROCEDURE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 141-85 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. - 2 - 01-14-86 Mr. Jackel moved for the adoption of Ordinance No. 141-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird stated this ordinance solves part of the problem they have addressed with regard to plat requirements for lots without dedicated public easements, rights-of-way, utilities, etc. He questioned whether they need to expand this ordinance or create a new ordinance to cover those parcels which may be larger than a single lot but which have the same basic problem. The City Attorney recommended that it be a secondary matter for a new ordinance. At this point the roll was called to the motion. PROCEDURAL ITEMS 7. Mr. Bird moved for approval of the minutes of the Regular Meeting of December 17, 1985 and Special Meetings of December 23, 1985 and December 27, 1985, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8.a.1. Mrs. Jeanette Slavin, Rainberry Bay, congratulated City Council for the work on the Main Street program and for its efforts to get the County Courthouse built on Atlantic Avenue. 8.a.2. Mrs. Slavin stated that several years ago money was appropriated by the City and the County to build a bike path on Lake Ida Road from Congress east; however, time went by and the bike path was never built. In checking on it she found that the cost of the bike path in the 2 1/2 years that have passed has jumped from $49,000 to $96,000. Her community has resigned itself to not having that bike path. She noted that there has been a holdup for months on the Barwick Park project. She is afraid the same thing will happen as what happened with the bike path and the park will end up costing three or four times more. She wants to know what's happening with Barwick Park. Mayor Campbell suggested that Mrs. Slavin contact Joe Weldon, Parks & Recreation Director, for an update on Barwick Park. Mrs. Horenburger asked Mr. David Nathanson, who is on the Architectural Committee for the development of the N.E. corner of Congress Avenue and Lake Ida Road, if there are any plans to put in a sidewalk or something similar to a bikepath on Lake Ida. Mr. Nathanson replied that there will probably be a sidewalk when the County widens that portion of Lake Ida Road but the developer is not required to provide it at this time. Mayor Campbell suggested that they might want to look into a bike path. Mrs. Horenburger asked Mr. Nathanson to bring it up at the next meeting of the Architectural Committee. In response to Mrs. Slavin's comments, the City Manager stated that the County Commission wrote him a letter indicating that they had no idea why the bike path project had not gone forward and that they were instructing their Engineering Department to get the project going. If the cost has gone up as high as Mrs. Slavin reported, the County might be willing to handle that cost. 8.a.3. Mr. Bob Sylvia, Woods of Southridge, stated that they have been suffering with a road dispute over the last seven years. They would like to know whether their roads are private or public roads. A deve- loper in the area is destroying their roads with heavy equipment; he presented pictures of the area in question. The City Manager advised that those roads are not dedicated to the City; they are not City roads at this time. This subject has been discussed by staff and the potential code violations by the developers in the area have been dealt with by Mr. Johnson and staff. - 3 - 01-14-86 Mrs. Horenburger stated that she has suggested in the past the possibility of dedicating the roads to the City and assessing the owners over a long period of time for improving the roads. Upon question by Mr. Sylvia, the City Manager advised that they would then no longer be private roads. Upon further question, the City Attorney advised that as long as the roads are private, they can put up a guardhouse or something of that nature to protect their roads. Mayor Campbell suggested that Mr. Sylvia meet with the appro- priate members of staff and come back to Council with a recommendation. Mr. Sylvia stated that Mr. Johnson, Mr. O'Shea and Mrs. Davila have been out to view the area. The residents cannot understand why the City has allowed this developer to have all these CO's and to bring a lot of cars into the community without putting up stop lights. They would like to have cooperation from the City to ensure quality construction on those apartments. There are unlicensed contractors who work on Saturdays and Sundays. They are trying to solve their road problem and to maintain the integrity of the community with regard to landscaping and proper construction and no further destruction of their roads. Mayor Campbell asked for a report from the Code Enforcement Division. Mr. Johnson advised that they took two pages of comments and there are no substantial code violations noted. There are cases where there are four rebars sticking out and some incomplete lighting. The developer has some conditional CO's until these conditions have been met. The City Manager asked Mr. Johnson to prepare a written report to submit to Council. Mayor Campbell advised they will look into it further. 8.a.4. Ms. Georgia Ann Florence, 1518 S.W. 3rd Street, requested permission to solicit on January 25, 1986 to raise funds for her nephew, Woody Hay, who had a heart transplant operation on November 13, 1985. They already have permission from Boynton Beach to solicit on that day and would like to do it overall. The drive is being sponsored by the Ministerial Alliance of Delray Beach and the funds are set up at the Barnett Bank. The City Manager advised that in an emergency situation, Council is allowed to waive certain requirements. Normally, the appli- cation needs to be submitted to the City Clerk's Office six weeks before the solicitation date. From there, it comes to City Council for approv- al. The City Clerk advised the request is checked through the Finance Department and is checked for conflicts with other solicitation drives. Mayor Campbell stated he does not like to waive ordinances and feels that a definite hardship needs to be shown. If there is a hard- ship on people to plan that far in advance, perhaps, they need to revise the ordinance with regard to the time frame downward. Ms. Florence advised that a Riviera Beach Councilwoman wrote to the City of Delray Beach about two months ago with regard to this drive. Mr. Weatherspoon added that this is a tri-City effort which was coordi- nated by Councilwoman Ann Iles of Riviera Beach. The City Manager stated that the letter asked if their Fire Department could conduct the drive. After review, they found serious problems with that request because of their labor contract. Mrs. Horenburger asked if it actually takes six weeks to process one of these applications. The City Attorney replied that the purpose of the six weeks is to give it ample opportuni- ty to get on Council's agenda; however, it could probably be done in four weeks but not in one week. Mr. Semmie Taylor spoke in support of waiving the requirements and permitting the drive to take place on January 25th. He feels there is a definite hardship here. He feels that Delray Beach should be sympathetic in this instance. Mayor Campbell stated he would be willing to discuss this at a special meeting. The City Attorney suggested, if Council is considering granting this, that they grant it subject to the applicant getting the materials to the City and reviewed before the date of the solicitation. - 4 - 01-14-86 Council would then be waiving the six weeks and publication requirements but would still require the submission of the necessary information in sufficient time to get it reviewed. Mrs. Horenburger moved to approve the solicitation request for January 25th subject to the information being submitted to and reviewed by the City prior to that date, seconded by Mr. Jackel. Mayor Campbell suggested requiring the information to be submitted and reviewed at least 24 hours before the drive. Mrs. Horenburger amended her motion to approve the request subject to all necessary information being submitted and reviewed by the City by January 23, 1986, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell noted that Council is responsible to all the citizens of Delray Beach to protect their interests with regard to all solicitation requests that come to them. 8.a.5. Mrs. Elizabeth Matthews, Beach Property Owners Association, stated that Item 32 is an annexation which also involves rezoning. It is a single family home in the County proposed to be annexed into the City as multiple family. Her problem is that under these circumstances there is no notice sent to the people living adjacent or nearby. She finds this very irregular. Upon question by Mayor Campbell, the City Attorney confirmed that they do not send notice to the neighbors. Upon question by Mr. Bird, Mr. Cohn, Planning Director, advised that on their Land Use Plan that particular parcel is shown as MF-15. He added that the notice requirement for annexation is to publish an ad once a week for four consecutive weeks in the newspaper; there is no individual notice requirement, therefore, they do not provide any. Mr. Bird questioned if that land use designation has been changed since the Land Use Plan was adopted. Mr. Cohn stated he would have to check. Mayor Campbell felt this is something they should look into and suggested referring it to the Planning & Zoning Board for their review and recommendation. 8.a.6. Mrs. Matthews read a prepared statement with regard to the matter of waiving ordinances. The Beach Property Owners Association feels Council should not casually waive them and they are seeking a Charter revision to ensure that it will not happen anymore. They suggest that a section be added to the Delray Beach City Charter under Section 3.07 which now carries only a reference to State Law. Specifically, they are requesting that a proposed City Charter revision be placed on the March 11, 1986 ballot which would require that the standard for adoption of a City ordinance be applied to the repeal or amendment of an ordinance, whether temporary or permanent. Mayor Campbell stated that they will take that under further consideration and asked the City Attorney to get back to them with an opinion. 8.a.7. Mrs. Helen C~o~ersmith, High Point, supported Mrs. Matthews' comments regarding waiving of ordinances. She expressed concern over whether the height ordinance can ever be waived. 8.b.1. Mr. Weatherspoon asked for an update regarding water for the Charter Building. The City Manager advised that Mr. Pontek is working on the problem which, hopefully, will be resolved by their next Council meeting. 8.b.2. Mr. Weatherspoon advised that a boat has been abandoned on one of the vacant lots on S.W. 9th Avenue and West Atlantic Avenue; it has been there for nearly a week and he requested it be looked into. - 5- 01-14-86 8.b.3. Mrs. Horenburger advised that at the Palm Beach Countywide Beaches and Shores Committee Meeting they were informed that the Department of Environmental Regulation has limited funds available for projects under Section 306 and 306A of the Federal Coastal Zone Management Act and are accepting applications from eligible local governments. Awards may not supplant existing funds and must include a matching contribution equalling 25% of the federal funds requested. Regional and local government projects will be restricted to no more than $50,000 for the federal share. Priority will be given to projects dealing with protection and management of natural coastal resources, management of coastal development, improved public access to coastal areas and improved predictability and efficiency in government decision making. The Committee recommended that the County Commission apply for this grant for the purpose of studying the literal drift of the ocean; they felt it would be a good management tool to assess what affect the seawalls, groins and inlets have on beach erosion. Mrs. Horenburger suggested that the City look into the possibility of applying for a grant and she asked Council to request that staff contact County Engineer Bob Klinger for the check list for these grants and that staff assess their needs to see if they can put this grant to work for them on their erosion problem. Mayor Campbell asked the City Manager to look into this and report back as to the desirability of the City applying for a grant. 8.b.4. Mrs. Horenburger gave an update with regard to the Barwick Road School site/Delray Beach Elementary School swap. She and the City Attorney met with the donors of the property to work out an agreement. The School Board now needs to approve that agreement before the swap can be made. They hope to have that agreement settled within the next few weeks. 8.b.5. Mrs. Horenburger moved for the following appointments on the Board of Construction Appeals: Del Swilley to replace Tom Woolbright as General Contractor; Paul Myers be appointed as Master Plumber; Patrick Kean be reappointed as Master Electrician, to two year terms expiring in January of 1988, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8.b.6. Mrs. Horenburger moved that Mr. Tore Wallin, Engineer, and Mr. William Merrian, Architect, whose terms expire today, be reappointed to the Code Enforcement Board, seconded by Mr. Weatherspoon. Mrs. Horenburger noted that Mr. Merrian has already served longer than permitted on one board so she will remove him from her motion. She added that Mr. William Owens will have served four years by next month so she will not include him in the motion. She would like to include the appointments of MacArthur Jackson as General Contractor and Irving Kendall as a Layperson. Mr. Bird pointed out that there has been some concern with regard to Mr. Jackson's qualifications to serve as a General Contractor; he feels they should clarify that before they reappoint him. Mr. Bird stated he would like to find a spot for Mr. Merrian on another board since he is an architect. Mrs. Horenburger amended the motion as follows: to reappoint Mr. Tore Wallin, Engineer, and Mr. Irving Kendall, Layperson, to terms on the Code Enforcement Board, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8.b.7. Mrs. Horenburger advised that Council Member A1 Edmunds of Boca Raton has informed her that the City of Boca Raton passed a resolution requesting that the Palm Beach County Commission open and provide funding for a South County branch of the Consumer Affairs Office. She feels they should follow suit. It was pointed out that such a resolution has already been passed by the City of Delray Beach. - 6 - 01-14-86 8.b.8. Mr. Bird advised that Council of Government representatives 'from Boca Raton, Boynton Beach, Delray Beach and the County have agreed to meet collectively and with staff in an attempt to come up with the final wording for these conflict resolution zones; i.e., where differences in zoning currently exist and would conflict. If any member of the public has input they would like to make to that meeting, please contact him. He feels this is one of the most important of the intergovernmental actions to be taken and, hopefully, supported by the Council of Governments. 8.b.9. Mayor Campbell asked, according to Robert's Rules, should they be adopting the agenda earlier in the meeting. The City Attorney replied that, technically, they should but they have never done so. It was the consensus of Council to have Agenda Approval follow the Pledge of Allegiance on the agenda. 8.b.10. Mayor Campbell presented and read a proclamation proclaiming January 24, 1986, as "Matthew 'Bump' Mitchell, Jr. Day". Chief Kilgore came forward to accept the proclamation. 8.b.ll. Mayor Campbell presented a proclamation proclaiming January 29, 1986 as "B'Nai B'Rith Women's Day". 8.b.12. Mayor Campbell presented and read a proclamation proclaiming 1986 as the "International Year of Peace" 8.c.1. The City Attorney clarified with regard to Item 13, the sign agreement with Linton Oaks Square, that his memorandum dealing with the Mobil Oil sign is not a part of this sign approval. Item 13 only deals with the sign agreement; it has nothing to do with approving any of the signs in the subdivision. Mobil Oil should have been a separate item on the agenda and his recommendation is to grant them a rehearing on their sign and schedule it for an upcoming regular Council meeting. Mr. Bird moved to grant the rehearing and to set it for the regular meeting of January 28, 1986, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call, Mr. Jackel stated it seems to him the size of the Mobil sign has been addressed. They can discuss some of the aspects of the sign at a later date but not the size. The City Attorney clarified that the maximum size of the sign is addressed in Item 13 but not the sign itself. Mr. Jackel stated that he hopes Mobil understands that the sign agreement severely limits the size of the sign. Mayor Campbell advised that he will be voting no on the motion as he feels it should not be reheard. At this point the roll was called to the motion. 8.d.1. The City Manager reported on repairs and improvements on Swinton Avenue noting that a situation has arisen where they have to move a line or make an alternative decision. They either have to (1) rebase the existing water line with a 30-35 year life expectancy or (2) completely relocate the line or put a new line in for $60,000-$90,000. The project is currently on hold until this item is taken care of. The least expensive way to approach this is to utilize Golden Eagle, con- tractor for the project. After certain credits it would cost the City $28,800 for lime rock and new base. They would also probably charge about $7,200 for the delay of the contract for a total of $36,000. So they are looking at $36,000 vs. $60,000-90,000. The only other alter- native would be to rebid the project, in which case the City would be responsible for the time delay. Staff is recommending the $36,000 alternative to rebase the existing water line. Mr. Bird felt they would be taking a temporary low cost solution and ignoring the reality which is that sometime between now and 35 years from now the line will leak. At that time they will have to tear up the road and end up paying more than $60,000-$90,000 in the long run. Ultimately, they will have to relocate it anyway. He suggests they give serious consideration to doing it properly. - 7 - 01-14-86 Upon question by Mayor Campbell, the City Manager advised that this item came up with the reconstruction of the road. They were able to handle it on the North side of Swinton but they have serious problems on the South side of Swinton. Upon question by Mrs. Horenburger, he advised that the $60,000-$90,000 is for taking out the existing water main and relocating it. The choice is Council's. He does not know exactly what the time delay will cost them but thinks it is very high. Mr. Weatherspoon stated he would like to see a more accurate estimate than $60,000-$90,000. It was the consensus of Council to schedule this for a special meeting. (Note: Later in the meeting Council decided to schedule this meeting for Tuesday, January 21, 1986 at 6:30 P.M.) 8.d.2. The City Manager advised that they have lost their resident inspector who was doing the 2nd Street water line inspections. The Assistant City Manager has talked to Barker Osha Anderson to try to ascertain if they would be willing and what they would charge for a resident inspection. The total estimated fee is $42,650; this is a cap figure and he would like Council to look at it and, hopefully, to take action on it at the next Council meeting. He will also have a question about testing at that time. 8.d.3. The City Manager advised that they have finished up the two filters at the Water Treatment Plant and Alonzo Construction has requested their final payoff. Mr. Pontek has recommended that the request be authorized with the exception that the City retain 10% or roughly $10,000. The City would pay them roughly $76,770. Mrs. Horenburger moved for approval, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8.d.4. The City Manager requested, with regard to Item 16, that Council remove the air conditioning contract and consider only the installation of fuel tanks. He wants to follow up on some information he received yesterday afternoon. He will have further information for Council at the next workshop meeting. 8.d.5. The City Manager asked that Item 35 be considered ahead of Item 34 on the agenda. 9. Mr. Bird moved for agenda approval with the exception of Item 35 preceding Item 34 and that on the Consent Agenda Item 16 an award of a contract to Ted Shea in the amount of $10,750 for air conditioning the clubhouse be removed from that item for later consideration, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA 10. Delray Affair. Council is to consider approval and endorsement of the Delray Affair to be held April 4th, 5th and 6th, 1986. 11. Requisition No. 3 - S.G. Phillips Constructors of Florida. Council is to consider authorizing payment of Requisition No 3 to S.G. Phillips Constructors of Florida in the amount of $314,388.18 for SCRWTD Plant Expansion, Part A. 12. Legal Descriptions and Sketches for Annexation. Council is to consider authorizing payment in the amount of $3,058.50 from the Contingency Fund to Heller, Weaver and Cato, Inc. for preparation of legal descriptions and accompanying sketches relative to the annexation of County pockets. Approval is recommended. 13. Sign Agreement - Linton Oaks Square. Council is to consider approving and authorizing execution of sign agreement between the City and Gadco Organization relative to Linton Oaks Square. (Also see Item 8.c.1.) Approval is recommended. - 8 - 01-14-86 14. Request for Solicitation of Funds - Sherman Williams Unit 188, American Legion Auxiliary. Council is to consider approval of solicitation of funds from February 21st through February 22, 1986. Approval is recommended. 15. Chevrolet Cargo Van. Council is to consider award of a contract to Gary Massey Chevrolet in the amount of $10,859.41 for a Chevrolet Cargo Van for the Police Department to replace a 1979 Ford Van with approximately 100,000 miles. Funds are to come from the 1985/86 budget. Approval is recommended. 16. Golf Course Improvements. Council is to consider award of a contract to Lutz Petro Company in the amount of $48,599 for installation of fuel tanks. Funds are to come from the fire insurance proceeds. Approval is recommended. (Also see Item 9). 17. Nonconforming Signs Under County Sign Code. Resolution No. 2-86, requesting the Palm Beach County Commissioners to require signs which become nonconforming under the County sign code to come into compliance within a reasonable amount of time. The caption of Resolution No. 2-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE PALM BEACH COUNTY COMMISSIONERS TO REQUIRE SIGNS WHICH BECOME NONCONFORMING UNDER THE COUNTY SIGN CODE TO BE BROUGHT INTO COMPLIANCE WITHIN A REASONABLE AMOUNT OF TIME; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION TO THE PALM BEACH COUNTY COMMISSIONERS. (Copy of Resolution No. 2-86 is on file in the official Resolution Book) Mrs. Horenburger moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Council Chambers at this time. REGULAR AGENDA 18. Memorial - Martin Luther King. Council is to consider ~stablishing N.W. 2nd Street and N.E. 2nd Street as a memorial to Martin Luther King. Mr. Jackel moved to establish N.W. 2nd Street and N.E. 2nd Street as a memorial to Martin Luther King and to rename the street as soon as possible, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mayor Campbell asked if this is in conformity as they discussed at workshop so as not to create any hardship with regard to mail service or any commercial use. The City Manager replied, yes, the new sign will be mounted above the 2nd Street sign. At this point the roll was called to the motion. Mrs. Horenburger returned to her chair at this time. 19. Conditional Use Approval - First and First Plaza. The City Manager reported that the property owner has requested that this item be removed from the agenda as they are not ready to proceed with it at this time. 20. Extending Boundaries of Downtown Development Association. Council is to consider a request to extend the boundaries of the DDA to include all commercial property to A1A. - 9 - 01-14-86 Mr. Weatherspoon moved to extend the boundaries of the DDA to include all commercial property to A1A. The City Attorney advised that if Council approves this request it will entail (1) a request by petition to have this item placed on the agenda for the local delegation meetings in February; (2) to get from them a Special Act to amend the DDA. The Delegation informed them that they would not agree to adopt an amendment enlarging the boundaries unless the City had a provision in it that required the City to go to a dual referendum election like an annexation election. If he does not have this drafted in three days it will not appear on any agendas. Mayor Campbell suggested that the majority of commercial interests in that area join in a petition to the Delegation; they could then probably get by the referendum aspect as far as their own intentions are concerned since they are dealing with a small number of people. Upon question by Mr. Jackel, Mayor Campbell clarified that they are not talking about residences. Mrs. Matthews stated that in the past residents were required to vote on this and asked if that is a require- ment. The City Attorney replied it was never a legal requirement; it was a requirement which the Legislature wanted included in the Special Act before they would make it effective. The original DDA was created and imposed in that area without referendum. Mr. Bird stated that several residences will be included in the boundaries such as the New Monmouth, Huddle Apartments, etc. Mrs. Matthews added that those are the people who voted and defeated it last time. Mr. Ken Ellingsworth, 15 N.W. 15th Street, stated that they could draw the boundaries to eliminate all those residences if they care to. Mr. Jackel stated that he will oppose this unless it is demonstrated to him that the people in that community want it. Mr. Ellingsworth stated they understand that most of the people involved who they are in contact with do approve the concept. Mrs. Matthews added that the residents in that area are concerned about the extra mill in taxation. Further, she stated that it's hard to see the benefit if you are putting in more density and no additional parking. The City Attorney clarified that the in lieu parking payments are part of the CBD zoning district, not a part of the DDA Act; so it would require the City to rezone the whole area to CBD which is probably not likely in the foreseeable future. He further stated that somebody will have to provide them with a metes and bounds legal description of the area they would want to include; that is not easy to do. Mr. Bird suggested that Council request the Mayor to com- municate with the Chairman of the Legislative Delegation and try, in as short a period of time as possible, to ascertain what the requirements which will be imposed upon the City are to be and they can then work from there. With regard to the time frame, the City Attorney advised that Council would have to approve it and recommend it to the Delegation at its workshop Tuesday so it would go out with the agenda package Friday. Otherwise they won't put it on the Palm Beach Gardens' agenda which is the last agenda. Mr. Bird made a substitute motion to instruct the Mayor to contact the Chairman of the Delegation to ascertain the procedures which they will require and that this item be deferred to the Special Meeting at which they will discuss the other item, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Mobile In-Car Radios - Building Department. Council is to consider award of a contract to Motorola, sole source, for Mitrek mobile in-car radios with all operating accessories and installation for 12 Building Department automobiles in the amount of $11,196. Funds are to come from the 1985/86 budget. - 10 - 01-14-86 Mr. Jackel moved to approve the contract with Motorola, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Emergency Medical Service Agreement between Delra¥ Beach and Town of Gulfstream. Council is to consider authorizing execution of Amendment No. 1 to Emergency Medical Service Agreement between the City and the Town of Gulfstream to increase the sum charged for dispatching emergency medical equipment personnel from the current rate of $175 per occasion to $270 per occasion. Mr. Bird moved for authorization, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Proposed International Swimming Hall of Fame Triathlon. The City Manager reported that they have a request from the Boca Raton Parks and Recreation Department to place a rescue vehicle on A1A between Highland Beach and Gulfstream during the running portion of the Triath- lon. Council rejected this last year. Considering the liability involved, his recommendation is that Council reject the request this year as well. Mayor Campbell noted that if a mishap should occur, their Fire Department is nearby and could be called for assistance. Mr. Jackel moved for denial of the request, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mr. Weatherspoon, the City Attorney advised that the runners will still run; however, the City will not be participating or providing security for them. The City Manager added that they are not sanctioning the event. At this point the roll was called to the motion. 24. Proposed Amendments to Civil Service Act, Section #10. Council is to consider approval and recommendation to the Local Legislative Delegation to adopt the proposed amendments. The Civil Service Board recommends approval. Mr. Bird moved to approve and forward to the Delegation, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Jackel asked if this amendment has been presented to their employees so they understand it. The City Attorney replied, no. Mr. Jackel felt the employees should have an opportunity to read it before Council approves it. Secondly, he feels there is some wording that affects the employees in possibly an adverse way. Mayor Campbell questioned this. Mr. Jackel pointed out, as an example, that in Section 2 on Page 10, "Appeals and Appeal Procedures", "matters which the City Manager formally states are not disciplinary actions, although such matters may involve certain personnel actions including termination for failure to have or maintain job qualification requirements, shall not be appealable to the Civil Service Board. Only disciplinary matters where so identified by the City Manager of termination, demotion, suspension and suspensions without pay in excess of seven calendar days are appealable to the Civil Service Board". If he were an employee, he would object to this para- graph. As a former member of the Civil Service Board, Mr. Bird stated that the portion at the end of that paragraph addressing suspension without pay in excess of seven days has not changed. The preceding portion refers to non-disciplinary items. For example, if they employ someone as a driver and that person loses his license for speeding, - 11 - 01-14-86 etc., that person's termination would be because he is no longer employable. In a case like that, it isn't anything the City did to the employee; it is something the employee did to his or herself. Mr. Jackel had concern over the City Manager having the authority to identify what is disciplinary and what is not. Mr. Weatherspoon shared Mr. Jackel's concern with regard to protecting their employees but added that at least two members of the Civil Service Board are employees, representing the other employees. Surely, they have seen the amendments. Mr. Morton Gilday, Civil Service Board Member, stated he was present at the meeting last week at which time it was voted to forward these recommendations on to the Legislative Delegation. He added that there were employee members present who approved this as well as the non-employee members. At this point the roll was called to the motion. 25. Purchase of Homewood Boulevard Tract by St. Mary's the Virgin Church. The City Attorney reported that the F.I.E.E. Corporation has again submitted two offers to purchase the property, one of which is for $255,000 subject to it being rezoned to permit offices and the other offer is for $140,000 with no conditions. His recommendation is, since Council properly accepted and advertised the offer from St. Mary's after having held a public hearing on it and accepted their offer to purchase at $135,000, that the offer of $255,000 with rezoning is something Council cannot accept even it had been pending at the time when St. Mary's offer was acted upon. The other offer from F.I.E.E. which they received on January 8, 1986, by hand delivery, came after the closing of the public hearing and the advertisement of the issue. Mrs. Horenburger moved to ratify Council's selection of St. Mary's the Virgin Church in the amount of $135,000, terms and conditions as set forth in the contract plus the first amendment, and to confirm its rejection of the F.I.E.E. offers, one for being invalid and unacceptable by being conditional and therefore potentially unlawful, the second one for being late and, thirdly, to approve of amendment 2 to the agreement with St. Mary's because it is not a substantive change, only a clarification as to the expenditures by both parties and to give them permission as contract/vendee to place a sign on the property what it is to be used for, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mr. Jackel, the City Attorney advised that the offer submitted by F.I.E.E. on January 8th had attachments including a site plan. Upon question by Mr. Bird regarding the terms of the St. Mary's offer, the City Attorney advised that the offer is $135,000 and they have put down a $5,000 deposit. If they did not close by a certain date in January, they would put up an additional $5,000. The conditions dealing with conditional use approval were stricken when Council voted on it. The only add-ons to the contract deal with some technical matters. Mr. Pershes, F.I.E.E. representative, stated that the offer they submitted on January 8th was in response to a meeting held on January 7th wherein Mr. Koch, on behalf of the Church, solicited them to provide any offers they wanted to make on the property. The question of it being late is based on the fact that it was at that point in time that the church released Council from being bound to the other contract. They feel that, based on these circumstances, Council can consider their offer and they ask Council to approve it. At this point the roll was called to the motion. 26... Appeal to Decision pf Community Appearance Board - Linton Square. Council is consider appeal to decision of CAB relative to free standing sign at Linton Square, 1599 South Congress Avenue. The City Attorney stated that he believes the issue here is essentially the height allowed for the sign. - 12 - 01-14-86 Mr. Steven Yost, representing Sign Graphics, stated that the discussion at the last meeting was whether or not he had complied with what the CAB had requested him to do at their first meeting of November 13, 1985. His response was yes and the Board read the minutes of that meeting to see if that was true. Upon question by Mayor Campbell, the City Attorney advised that the minutes he read would indicate that the CAB approved of the sign except for one aspect which they wished corrected. That approval encompassed everything including the height; however they did not take a vote on that. Mayor Campbell stated that if no vote was taken, it is not binding. At a later time, there was a binding vote taken requiring the applicant to reduce the size of the sign which is what he is ap- pealing. Mr. Yost presented renderings to Council at this time. As a technical, procedural matter, the City Attorney felt that Council should not hear from individual members of the Community Ap- pearance Board for these appeals as they are bound by the record. Mrs. Horenburger stated that she read those minutes and it appeared to her there was not a consensus with regard to the reduced height which the applicant has brought the sign in at. It seemed to be split, two for the 18 feet, two against the 18 feet and one unclear. The sign the applicant presented tonight is actually over that, 18 feet 6 inches. Mr. Bird stated that if it is going to be necessary, in the future, for Council to view the minutes or tapes of Board meetings, then he thinks the minutes should be clear so that Council can read them and rely upon them. He feels that at some point they are entitled to rely upon what staff and their boards ask them to do. The information before them would seem to indicate that the applicant is correct; that he was asked to scale down. If this information is not correct, then they need additional data in order to make a decision. Mr. Jackel stated that he would not berate the developer for merely six inches. He feels the developer has gone along pretty much with the City's wishes and that this sign is in conformity with the sign which they will probably approve for Linton Oaks Square. He is willing to go along with the developer's request. Further, he feels it's time Council review the CAB Ordinance and (1) direct the CAB as to what Council expects of them and (2) reconsider the composition of the CAB. Mayor Campbell complimented the CAB, noting that they put a lot of time, effort and hard work into serving this community; they are doing their best to make this a better community and one of the most important things they look at are signs. He feels the sign is too big and that the sign code allowing it is too big. He would like to see stricter sign codes such as those adopted in Deerfield Beach and Boca Raton. Mr. Weatherspoon agreed that the CAB is doing a good job; however, he feels one of the problems is that it is so opinionated. One person may think signs need to be smaller, another may not, and he feels they need to look at it objectively. If the ordinance needs to be changed then they should change it but right now the ordinance reads 25 feet. He added he agrees with Mr. Jackel that they should review the CAB ordinance. Mrs. Horenburger noted that the ordinance reads up to 25 feet. Mrs. Horenburger moved to uphold the decision of the Community Appearance Board of November 25, 1985. Said motion failed for lack of a second. Mr. Bird moved to accept the appeal to the decision and to approve the sign at 18 feet 6 inches as presented today by Sign Graphics, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. - 13 - 01-14-86 27. Traffic Impact Study. Council is to consider approving funds for traffic impact study by Kimley-Horn and Associates, Inc. in the amount of $1,379.34 in connection with the proposed relocation of Courthouse to Atlantic Avenue and S.W. 2nd Avenue with funds to come from the Contingency Fund. Mr. Bird moved for approval with funds to come from the Contingency Fund, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Jackel left the Council Chambers at this time. 28. Ordinance No. 1-86 - Amending Code - Off-Street Parkinq Spaces and Lots. Ordinance No. 1-86, amending Chapter 26 "Traffic" of the Code of Ordinances to provide that during the period from June 1st through September 30th in off-street parking spaces and lots there shall be no restrictions on the duration of parking, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held January 28th. The City Manager presented Ordinance No. 1-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "STOPPING, STANDING AND PARKING", DIVISION 2, "TWO-HOUR ZONES", BY ADDING A NEW SECTION 26-47, "EXCEPTION TO TWO-HOUR RESTRICTIONS", TO PROVIDE THAT THE OTHER PROVISIONS OF DIVISION II NOTWITHSTANDING, THAT DURING THE TIME FROM JUNE 1 THROUGH SEPTEMBER 30 OF EACH CALENDAR YEAR THAT IN ALL OFF-STREET PARKING SPACES AND LOTS THERE SHALL BE NO RESTRICTIONS ON THE DURATION FOR PARKING; AND FURTHER AMENDING SECTION 26-46, "VIOLA- TIONS'', TO ADD PROVISIONS MAKING THE APPROPRIATE EXCEP- TION FOR SAID UNRESTRICTED PARKING DURATIONS FOR OFF- STREET SPACES AND LOTS DURING THE PERIOD OF TIME FROM AND INCLUDING JUNE 1 THROUGH SEPTEMBER 30 OF EACH CALENDAR YEAR; PROVIDING A GENERAL REPEALER; 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. 1-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Jackel returned to his chair at this time. 29. Ordinance No. 2-86 - Amending Code - General Landscaping. Ordinance No. 2-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances requiring the replacement of any vegetation damaged during construction prior to issuance of a Certificate of Occupancy, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 28th. The City Manager presented Ordinance No. 2-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", ARTICLE IX, "COMMUNITY APPEARANCE", DIVISION 2, "SUPPLEMENTAL CRITERIA AND PROCEDURAL RULES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-361, "GENERAL LANDSCAP- ING'', SUBSECTION (c) TO REQUIRE THAT EXISTING VEGETATION BE SHOWN ON THE LANDSCAPE PLAN; REQUIRING THAT EXISTING VEGETATION BE PROTECTED DURING CONSTRUCTION; REQUIRING THE REPLACEMENT OF ANY VEGETATION DAMAGED PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR WHICH CREDIT - 14 - 01-14-86 HAS BEEN GIVEN; REQUIRING COMPLIANCE WITH SECTION 30-18 (C) (4) (e) AS IF IT WERE A PROVISION OF SECTION 9-361 (c) FOR ALL TREES PERMITTED TO SUBSTITUTE FOR REQUIRED PARKING UNDER SECTION 30-18 OF THE CODE OF ORDINANCES; 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. 2-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird questioned whether the ordinance differentiates types of trees; if a Sabal Palm goes down, does it have to be replaced with one. The City Attorney replied that is the ordi- nance's intent but as drafted it does not so differentiate. Mr. Bird felt the ordinance should address itself to those species which are difficult to replace. Mayor Campbell suggested they look at it more closely before Second Reading; Council concurred. At this point the roll was called to the motion. Mrs. Horenburger left the Council Chambers at this time. 30. Ordinance No. 3-86 - Amending Zoning Code - Design and Land- scaping. Ordinance No. 3-86, amending Chapter 30 "Zoning" of the Code of Ordinances which shall permit or require the substitution of mature exceptional trees for required parking spaces provided certain condi- tions are met, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 28th. The City Manager presented Ordinance No. 3-86: 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 REGULA- TIONS'', BY AMENDING SUBSECTION 30-18 (C) , "DESIGN AND LANDSCAPING", PARAGRAPH (4), "LANDSCAPING", TO ADD A NEW SUBPARAGRAPH (e) WHICH SHALL PERMIT OR REQUIRE THE SUBSTITUTION OF MATURE EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING SPACES; PROVIDING CONDITIONS FOR SUBSTI- TUTION; PROVIDING AN APPROVAL PROCESS; PROVIDING FOR APPEALS TO THE CITY COUNCIL; PROVIDING A REPEALER CLAUSE; 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. 3-86 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 31. Ordinance No. 4-86 - Amending Zoning Code - Satellite Dishes. Ordinance No. 4-86, amending Chapter 30 "Zoning" of the Code of Ordi- nances relative to satellite dishes, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 28th. The City Manager presented Ordinance No. 4-86: 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 ENACTING A NEW SECTION 30-17.5 "SATELLITE DISHES"; DEFINING THE TERM SATELLITE DISH OR SATELLITE TELEVISION ANTENNA; PROVIDING GENERAL REQUIREMENTS FOR ALL SATELLITE DISHES; A PROHIBITION AGAINST VISIBLE WRITING ON THE DISH; PROVIDING SCREENING REQUIREMENTS; PROVIDING ADDI- TIONAL REQUIREMENTS IN RESIDENTIAL, MULTI-FAMILY COMMER- CIAL AND INDUSTRIAL DISTRICTS AS TO SIZE AND LOCATION OF - 15 - 01-14-86 THE DISH; PROVIDING THAT NOTHING IN THIS ORDINANCE SHALL BE CONSTRUED TO PERMIT THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE CARRIAGE OF A SIGNAL FROM A DISH CONSTRUCTED IN ACCORDANCE WITH THIS ORDINANCE; 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. 4-86 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mrs. Alice Finst, 707 Place Tavant, questioned whether this structure and screening would have to comply with the setback requirements. Mr. Bird suggested that Mrs. Finst get together with Mr. Cohn, Planning Director, and if there is a concern to let Council know on Second Reading. The City Attorney advised that the previous draft of these ordinances provided different setbacks from that which other structures might have to comply with, in some cases greater and in some cases lesser. Based on Coun- cil's direction those were deleted from this ordinance. Their position has been that that means this structure will not need to comply with setback provisions. If that is incorrect, Council should put it on the record now that it is their intent that the structural setbacks other- wise found in the Code would still apply. Upon question by Mr. Jackel, the City Attorney advised that under their definitions satellite dishes and microwave dishes are the same; however, microwave dishes would not come under this ordinance. Upon further question, he advised there are no current provisions that would amortize away nonconforming dishes. Those existing would be permitted to exist as nonconforming structures until such time as they were modified or destroyed. Mayor Campbell stated it was his understanding that, as a structure, the dishes would comply with setback requirements. Mr. Weatherspoon had no problem with the no setback requirement providing they are properly screened; Mr. Bird and Mr. Jackel concurred. Mayor Campbell stated that the consensus is to leave the ordinance as it is. The City Attorney added that they would have to comply with the right- of-way, property line and screening requirements only. At this point the roll was called to the motion. Mrs. Horenburger returned to the Council Chambers at this time. 32. Ordinance No. 5-86 - Rubin Annexation. Ordinance No. 5-86, relative to annexing a 1.34-acre parcel subject to RM-15 (Multiple Family Dwelling) District, located on the east side of A1A near Lewis Court, is before Council for consideration on First Reading. If passed, Public Hearing will be held February llth. The City Attorney reported that a revised page one was distrib- uted to Council earlier tonight. The change is to Section 4, annexing the property subject to RM (Medium to Medium High Density), not RM-15. Upon question by Mr. Bird, Mr. Cohn pointed out that the applicant's petition was subject to RM-15. As of this time the applicant has not amended his application as recommended by Planning staff and the Plan- ning and Zoning Board. The ordinance before Council at this time is subject to RM-15 zoning. The City Attorney stated if it is Council's intention to not agree to the RM-15 zoning, then he suggests Council move to approve Ordinance 5-86 and vote no on it. The City Manager presented Ordinance No. 5-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST SIDE OF STATE ROAD A-l-A, BETWEEN LINTON - 16 - 01-14-86 BOULEVARD AND ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 5-86 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - No; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 5 to 0 vote. Mr. Greg Vonberg stated that, based upon his attorney's recom- mendation, if Council is not prepared to pass his application at RM-15 then they request a formal denial and that if he amends the application to conform to the recommendation of the Planning Department prior to the next Council meeting that the application be considered at that time on First Reading. Council concurred with the request. 33. Interlocal Agreement for Cooperative Zoning Review. Council is to consider a discussion of proposed Interlocal Agreement with Palm Beach County, Boca Raton and Boynton Beach to cooperatively review significant land use decisions in certain impact zones. Mr. Jackel moved to approve the Interlocal Agreement, seconded by Mr. Weatherspoon. Mr. Jackel stated they already have an organization in exis- tence called COG (Council of Governments) which encompasses what this intends to do. He does not see a need for this proposed agreement; however, he will vote in favor of it though he does not see much value in it. Mr. Bird stated a number of questions came up during discussion of this which had to do with the mechanisms involved. He feels that a significant rezoning is anything which is in violation of their Land Use Plan and that they should have an opportunity to comment on proposed uses for County controlled land which is in the City's reserve area. He feels this agreement needs to be strengthened in this regard. As for COG, he does not think all the participants are as knowledgeable about planning and zoning issues as those of them who serve local government; COG has voting members from inlet districts, hospital districts, etc. He feels that the agreement as currently structured represents their best interest. Mr. Bird made a substitute motion to defer this pending the meeting among the cities and, perhaps, they will have some revised language to send to the Board, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mr. Weatherspoon, Mr. Bird stated he does not believe any of the other cities have agreed to it yet. Upon question by Mr. Jackel, Mr. Bird stated that COG permits itself to be used as a conflict resolution regardless of size; however, it has no mechanism to enforce any kind of action on any of the partici- pating members. This agreement, if adopted and put in ordinance form, would require that upon question by a City of a County action that the County would have to reaffirm that action by an extraordinary vote. That is the proposal this agreement would lead toward. Mr. Jackel noted that the City Attorney has questions about its legality. Mr. Bird stated that is why they are having discussions. At this point the roll was called to the motion. 35. Budget Amendment for Planning & Zoning Department. Resolution No. 3-86, transferring $31,500 from the Contingency Fund balance to the Planning & Zoning Department's Consulting Line Item and to add $22,50C to the Planning and Zoning Department's Personal Services Line Item from increased application fees, is not ready for Council consideration at this time. The City Attorney recommended that Council authorize the transfer of funding by motion and they would follow up with the resolu- tion. - 17 - 01-14-86 Mr. Bird moved that $31,500 be moved from the Contingency Fund balance to the Planning & Zoning Department's Consulting Line Item and to add $22,500 to the Planning & Zoning Department's Personal Services Line Item from increased application fees, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 34. Consultant Contract for Land Use Plan and Continuing Planning Services. Council is to consider authorizing execution of contract with Solin and Associates, Inc., for preparation of the City's Land Use Plan. Total cost of the contract is approximately $42,000 with funds to come from the 1985/86 budget. The City Attorney stated that a revised agreement was distrib- uted to Council this evening which is the one under consideration. They still need to work out some details as to how much legal advice the City Attorney's Office can give to the consultants. Mr. Bird moved for approval of the documents distributed tonight, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 10:00 P.M. ity Clerk ATTEST: 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 January 14, 1985, which minutes were formally approved and adopted by the City Council on Q~f.~. ~./~ . 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. - 18 - 01-14-86