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01-28-86 JANUARY 28 ,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 7:00 P.M., Tuesday, January 28, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Council Member Marie Horenburger Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Nygard, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager requested that Items 24 and 26 be deferred to the regular meeting of February 11, 1986. Mr. Bird moved for approval of the agenda, with the exception of Items 24 and 26 to be moved to the February llth regular meeting, 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. The City Attorney advised that when they get to Item 8 on the agenda he is going to request that Council, by special motion, move to postpone consideration of the Ordinance until February llth. The City Manager stated, with regard to Item 13 on the Consent Agenda, articles to be sold at auction, that there will be the addition of a motorcycle which is currently in use by the Police Department. PUBLIC HEARING 5. Ordinance No. 1-86 - Amending Code - Off-Street Parking 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 consider- ation 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. 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. (Copy of Ordinance No. 1-86 is on file in the official Ordi- nance 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. 1-86 on Second and FINAL Reading, seconded by Mr. Bird. 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. 6. 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 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. 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 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. (Copy of Ordinance No. 2-86 is on file in the official Ordi- nance 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. 2-86 on Second and FINAL Reading, 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. 7. 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 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. 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 -2- 01-28-86 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. (Copy of Ordinance No. 3-86 is on file in the official Ordi- nance 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. 3-86 on Second and FINAL Reading, 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. 8. 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 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 Attorney stated he would like to request that Council pass a motion to postpone second and final reading and the public hearing on this ordinance until the regular meeting of February llth at 7:00 P.M. There has been a ruling issued by the FCC concerning satel- lite dishes which may have, on this ordinance, a Federal preemption over regulating satellite dishes at all. He feels it would be premature to adopt this ordinance until he has had a chance to read the new agency rule. Mr. Jackel moved to postpone second and final reading and the public hearing of Ordinance No. 4-86 until the regular meeting of February llth at 7:00 P.M., seconded by Mr. Bird. 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. PROCEDURAL ITEMS 9. Mr. Bird moved for approval of the minutes of the Regular Meeting of January 14, 1986 and the Special Meeting of January 7, 1986, 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. 10.b.1. Mr. Jackel stated he recently received a memo from a company in Miami which specializes in paper collection and recycling. Boynton Beach is doing this now, very successfully, and have included aluminum cans in their collections. He feels the City of Delray Beach could also do this by having a central point, possibly the Public Works Complex, and having the Miami company, or any other, taking charge so there would be no cost to the City. In 1984 the public in Boynton Beach received approximately $50,000; this was the incentive for them to collect and bring the trash to a central point. He feels the City of Delray Beach could collect a similar amount through savings in the disposal cost. He has discussed this with the City Attorney and was advised that there should be no trouble with the legality of changing the contract with Waste Management once they have proved that the trash being collected is far less, after the system is put into effect, than it is right now. Mr. Jackel stated if this program does go into effect he would like to see the money applied to beautification of the City. If Council concurs, he would like to invite Mr. Burt Lewar of Durbin Paper Stock Company in Miami to come to next week's workshop meeting to explain the program in more detail. Council concurred. -3- 01-28-86 Mr. Bird stated that, simultaneously with Council getting the input from the Durbin Paper Stock Company, staff should be negotiating with Waste Management so that they know what kind of dollars they are talking about. 10.b.2. Mr. Jackel stated he would like to discuss the possible re- structuring of the Community Appearance Board at next week's workshop meeting. He personally does not feel that it is functioning properly and is dismayed that so many of their decisions are being appealed. He would also like to discuss the possibility of changing the sign ordi- nance. It was the consensus of Council to discuss this item at next week's workshop meeting. 10.b.3. Mr. Jackel stated he recently received a memo from Mr. Weldon, Director of Parks and Recreation, regarding Barwick Park. He cannot understand why the seed grass has to be put in before the picnic tables; he feels they could put them in at the same time as they are in differ- ent areas. He also noted the omission of park benches. Council appro- priated $8,800 for the front fence and it is only going to cost $5,800, leaving a surplus of $3,000. He would like to see some of that surplus put towards purchasing park benches. Upon question by Mayor Campbell, the City Manager stated he would have no problem with Mr. Jackel's suggestion. Mr. Weldon stated, with regard to the seeding, that the project will only last four days and then they will bring the equipment out. 10.b.4. Mr. Jackel stated that about a month ago Mr. Straghn came before Council asking for a Consumers' Affairs Office in South County. Council agreed and sent a resolution to the County Commission asking that they consider this; however, the County turned the idea down and suggested that they will take it up later in the year. He feels the City should not wait and should start their own Consumers' Affairs Office. He is suggesting a small office with a modestly paid executive director and staff by volunteers. If Council is willing to consider this he would be willing to volunteer his services to get the Office started. Mr. Weatherspoon stated that at the Democratic meeting held last week this question came up. Commissioner Dorothy Wilken was there and stated that they were going to make some room in the expansion of the South County Complex for a Consumers' Affairs Office. Mr. Jackel suggested that at budget time they take this up with the County to make sure they have this item in their budget. 10.b.5. Mr. Jackel referred to an article which appeared in a newspaper 'last week and addressed the subject of seats going uncontested in a City election. He feels it is very important that the citizens of Delray Beach do not neglect the election and make it a contested one. 10.b.6. Mr. Bird stated Council was furnished a memorandum tonight from Mr. Cohn, Planning Director, to the City Manager relative to proposed Palm Beach County rezoning petitions. He has a problem with sending Council's comments to the County until some mechanism is put in place by which to do that. He would not like to stop staff from keeping Council apprised of their concerns; however, he would not be in favor of for- warding these comments. The cities of Boca Raton, Boynton Beach and Delray Beach and Palm Beach County met last week and tried to establish some ground rules towards an ordinance which would be a joint agreement between the cities. They were then to go back to their respective communities, get a blessing and come back with it. He feels it would be appropriate to place this on a workshop agenda for their discussion. Upon question by Mayor Campbell, Mr. Bird stated if they choose to go up and make a formal presentation as they have done in the past, either through staff or a Council member, then that would be the appro- priate system as opposed to commenting as if the agreement between the cities was in effect. Mayor Campbell stated he can see no problem in sending the memorandum up if they have no objection to the contents. He feels that the County has to get the message and be responsible. The County is considering adding more intense density west of the City's -4- 01-28-86 borders which is going to have an adverse impact on the quality of life in all of South Palm Beach County. Mr. Bird stated he feels sending their comments is one state- ment; however, to put in recommending approval or denial is to overstep their bounds. While he agrees with the contents of the memorandum he would like to see them phrased differently if it is going to be sent up to the County. Mayor Campbell suggested that they communicate to the County that they should undertake no rezonings until the cities and the County have had a chance to work out the cooperative agreement. Mr. Bird stated he feels that is unrealistic. Mayor Campbell stated he has no problem with taking the strongest position regarding growth. Mr. Weatherspoon stated he has not had a chance to research or talk about this further and would have some concern in sending the memorandum as written. Mr. Bird moved that they instruct staff to forward their comments with regard to their concerns with specific recommendations as to phasing, improvements and things of that nature, 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 requested that the City Manager redraft the cover letter of the memorandum and send the consen- sus of Council on to the County's planning staff. At this point the roll was called to the motion. 10.b.7. Mr. Bird stated Council was furnished a copy of the proposed Charter and By-laws for the Palm Beach County Metropolitan Coalition, Inc. The discussion of a lobbying organization to protect the City and their interests in various activities such as housing, community block grants, etc., that are not of concern to every municipality, but are of concern to every major urban area, is the subject of the Charter and By-laws. The By-laws are by way of a draft as no pre-organizational meeting has occurred as yet. He also feels it may be appropriate for Council to nominate someone to be in the organizational group. Mr. Bird moved that Council approve their participation in such an organization, 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. Before roll call, Mr. Jackel questioned if they are doing something here which will weaken the Municipal League. Mr. Bird stated that it is not the intent of the Coalition to interfere with the activi- ties of the Municipal League. The Municipal League is not going to devote its time to those concerns which do not affect a majority of its members. The intent of the Coalition is to address those things which are urban in character and to have an ability to have a lobbying effort. At this point the roll was called to the motion. Mr. Jackel moved that Mr. Bird be appointed from the City of Delray Beach to help form, together with any other cities interested, the new Palm Beach County Metropolitan Coalition, Inc., 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. 10.b.8. Mayor Campbell stated there has been a lot of newspaper arti- cles recently regarding City departments. He feels it is alright for Council to contact members of the administration for information; however, he feels for substantive discussions they should go through the City Manager directly. -5- 01-28-86 10.a.1. Mrs. Harry Grady, stated that the area of N.E. llth Street and Swinton Avenue is supposed to be residential. There has been a shack placed on the corner and she would like to know why it is there. Mayor Campbell requested that the City Manager speak to the Chief Building Official, look into the situation and contact Mrs. Grady. 10.c. There were no Non-Agenda items by the City Attorney. 10.d.1. The City Manager advised that from February 22nd through March 12th the City of Delray Beach and the Baseball School will be host for a major league Japanese baseball team. 10.d.2. The City Manager stated that he has a quarterly comparison of building permits and construction activities taking place within the City. At the end of the first quarter in 1984 the construction esti- mates were approximately $7,740,000; at the end of this first quarter they are approximately $35,000,000. He feels this is a very positive sign. 10.d.3. The City Manager stated, with regard to Item 16, that they have negotiated with Waste Management for a clean up and settled on a 15% reduction which he is very pleased with. Waste Management is having some difficulty in managing the office here in Delray Beach and as part of the negotiation process he feels that it would be proper for Waste Management to remove the lone individual who is here and relocate her to West Palm Beach. They will close their office down effective February 1st and will give the City $2,000 for a closing period. The City could then use the facility for some storage they are now having to lease out. He hopes that Council will consider this as part of the action when they approve the contract. Upon question by Council, the City Manager advised there will be more than one line to West Palm Beach and it will be toll-free. There is also a provision that they could revert back to the office here if it did not work out. 10.d.4. The City Manager stated that Mayor Campbell had asked for an update on Highland Beach and he will defer to the City Attorney to give a brief report. The City Attorney advised that three or four weeks ago they conducted serious negotiations concerning the report and finalization of the rates with the Highland Beach dispute. The City's staff recently talked with Highland Beach's attorneys and their Town Manager and made them an offer of settlement which, they felt, was well within the confines of what would be accepted by Council. He has taken the posi- tion, and would recommend to Council, that they not accept the Greely and Hanson report. He had hoped that they would get a favorable re- sponse from Highland Beach accepting what they had made as an offer of resolution. However, he received in the mail last week a motion to attempt to hold the City in contempt of Court and to force us to comply with and abide by the faulty, non-final report which Greely and Hanson produced. A hearing has been specially set by the Circuit Court for April on that motion. The City is going to file responsive pleadings to that. Upon question by Mr. Weatherspoon, the City Attorney advised it was the City's position that it would be a stronger position if they did not accept payment which was calculated based on a rate which they feel is in error. The City has presumed that in this fiscal year the monies will be received to balance the Water and Sewer Revenue Fund. That question will be a concern if it has not been resolved by September; however, he feels it will be resolved at the April hearing, if not sooner. 10.d.5. The City Manager stated there were a series of questions and items which he researched and responded to Council in a memorandum. (a) The first was to review the issue of the muggings/robberies which were alleged to have occurred last week. Of the two cases one was a legitimate strong-arm robbery. The investigative division is pursuing it based on very light information they have. To date there have been 562 arrests and he feels they are doing a very good -6- 01-28-86 enforcement effort. The City's Crime Analyst took a survey of the crimes which have been committed since the program started and found that 85.7% of those arrested were residents of the City of Delray Beach. He feels they have a very good control on the situation; however, they are approximately seven officers short at this time. At some point in time, Council will need to give some consideration to getting another four officers. (b) It was suggested that flashing lights be started on West Atlantic Avenue. He has checked with the State and they are agreeable that the lights can be programmed to go on flash between 10:00 P.M. and 6:00 A.M. (c) One of the biggest problems they have is the parking of vehi- cles on empty lots. There are differences between residential proper- ties and commercial properties. Parking on vacant commercial property is a violation of the City's zoning code and can be enforced by the Code Compliance Administrator. However, they could be on very shaky legal grounds if they were to remove vehicles from private property without just cause. There are State Laws which prevent the City from removing vehicles without due process. They are going to continue working on this to see if there are any other areas in which they can find and be able to deal with that situation. (d) There was a question of imposing a curfew in the West Atlantic area. He, personally, would have to question the legality of a curfew in only one area of the community and whether or not they could ade- quately enforce it. (e) With regard to criminal activities in bars, he has been re- ceiving reports every day on the arrests which are being made by the Tact Team and has noticed certain addresses reoccurring. At first the arrests were being made on the outside of the properties; however, now they are being made on the inside. The Police Department has been in contact with the District Supervisor of the State Beverage Department trying to review the cases. The City is continuing to push the State in their investigations so that they may be able to take some type of action. Upon question by Mayor Campbell regarding continuing the Tact Team and the need for additional police officers, the City Manager stated they would need more officers; however, he would like to wait until the summer to discuss this and make it part of the budgetary process. With regard to vehicles on private property, Mayor Campbell questioned if they could notify the property owners, in advance, that there is a problem and if it is not remedied within a certain period of time they will be cited. He feels that the property owners need to place some type of barrier to prevent people from parking. The City Attorney advised if that is what Council intends to pursue they should address, specifically, some ability to have the barricade issue raised. There is no specific provision in the authority of the Code Enforcement Board to enforce someone to place a barricade. Mayor Campbell requested that Council be furnished a report at the next regular meeting on the progress which is being made with regard to the Code Enforcement Divi- sion contacting the property owners. The City Manager stated that he has noticed a change of pattern in the crimes being committed and feels they could possibly be moving to other sectors of the City. This may justify him coming before Council before next budget year to request additional police officers. He would first like to examine the Police Department budget before he makes a recommendation. Mayor Campbell stated, with regard to the flashing lights, that he feels perhaps 11:00 P.M. would be a better hour to start them. He would recommend that they go ahead and start using them. It was the consensus of Council to start the flashing light system. Mayor Campbell stated he has been in contact with the Lieuten- ant at the Division of Alcohol and Tobacco and she informed him of the -7- 01-28-86 progress that has been made with regard to review of the licenses. He told her that the City would cooperate, and with Council's approval, he would like to communicate that cooperation to her. Mrs. Elizabeth Matthews, 1024 White Drive, advised that Florida Power and Light gives away old telephone poles. Several people have taken the poles, lined them along the edge of their property and created a barrier. Mayor Campbell requested that when they get the reports from the Code Enforcement Board he would like to see a brief sentence as to what the problem is; at this time, the report only reflects the Section which is in violation. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 11. Request for Solicitation of Funds - Arthritis Foundation. Council is to consider approving solicitation of funds from March 3rd through March 17th, 1986. Approval is recommended. 12. Request for Solicitation of Funds - Trinity Council #4839 Knights of Columbus. Council is to consider approving solicitation of funds from March 7th through March 8th, 1986. Approval is recommended. 13. Surplus Property. Council is to consider authorizing advertis- ing surplus property for sale and retaining Jim Graham to conduct the auction on Saturday, February 22, 1986. Approval is recommended. 14. Pollworkers. Council is to consider appointment of clerks and inspectors from the list of possible appointees from which sufficient numbers will be selected by the City Clerk to conduct the upcoming election. Approval is recommended. 15. Median Maintenance - North Federal Highway. Council is to consider authorizing execution of permit between the City and Florida Department of Transportation for maintenance on North Federal Highway from Lake Avenue to Gulfstream Boulevard. Approval is recommended. 16. Special Bulk Trash Pick-Up. Council is to consider authorizing execution of agreement between the City and Waste Resources of Palm Beach for a special bulk trash pick-up. Funds will come from Sanitation Reserve Fund. 17. Miller Park Addition. Council is to consider award of a contract to the low bidder, Richard Tindell Associates in the amount of $2,450 to develop a conceptual site and grading plan for the additional 10 acres at Miller Park. Funds are to come from the Council Contingency Fund. Approval is recommended. 18. Reduction of Retainage for Repumping Facilities. Council is to consider approval of payment to Stuart Contractors in the amount of $14,728.50 for work completed at the ground storage tank near Davis Road. The remaining $2,000 will be retained until the O/M Manuals are delivered to the City. Funds are to come from the Water and Sewer Fund. Approval is recommended. 19. Final Payment - The Crom Corporation. Council is to consider approval of final payment to The Crom Corporation in the amount of $5,000 for the 1.0 MG ground storage tank near Davis Road. All work on the project has been completed. Funds are to come from the Water and Sewer Fund. Approval is recommended. 20. Budget Amendment. Resolution No. 3-86, amending Resolution No. 98-85, transferring $31,500 from the Contingency Fund balance to the Planning and Zoning Department's Consulting Line Item and adding $22,500 to the Planning and Zoning Department's Personal Services Line item from increased application fees, is before Council for consideration. The caption of Resolution No. 3-86 is as follows: -8- 01-28-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 98-85 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EX- PENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1985-86, BY MAKING NECESSARY TRANSFERS TO THE PLANNING DEPARTMENT'S BUDGET. (Copy of Resolution No. 3-86 is on file in the official Resolu- tion Book) 21. Nuisance Abatement. Resolution No. 4-86, assessing costs of abating nuisances in accordance with Section 13-13 on 30 parcels, is before Council for consideration. The caption of Resolution No. 4-86 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 INCURRED 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. 4-86 is on file in the official Resolu- tion Book) 22. Abandonment of Alley - West of N.W. 7th Avenue between N.W. 3rd Street and N.W. 4th Street (Mildred Burns). Resolution No. 5-86, abandoning a portion of an alley right-of-way to become part of a residential property zoned R-lA (Single Family Dwelling) District, is before Council for consideration. The caption of Resolution No. 5-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE SOUTH 50 FEET OF THE WEST 10 FEET OF THE EAST 151 FEET OF THE NORTH HALF TOGETHER WITH THE NORTH 50 FEET OF THE WEST 16 FEET OF THE EAST 151 FEET OF THE SOUTH HALF OF BLOCK 1, DELRAY BEACH (FORMERLY TOWN OF LINTON), FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 5-86 is on file in the official Resolu- tion Book) 23. Acceptance of Easement Deeds - West of N.W. 7th Avenue between N.W. 3rd Street and N.W. 4th Street (Mildred Burns and Dave Hoggins). Council is to consider acceptance of two easement deeds in place of a portion of an alley right-of-way, subject to the abandonment of the subject alley. Approval is recommended. Mr. Bird moved for approval of the Consent Agenda with the addition of a 1982 Honda Motorcycle to Item 13, Surplus Property, 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. REGULAR AGENDA 25. Appeal to Decision of Community Appearance Board - Mobil Oil. Council is to consider rehearing of appeal from decision of CAB regard- ing Mobil Oil sign at Linton Oaks Square, corner of Military Trail and Linton Boulevard. -9- 01-28-86 The City Attorney stated that recently Council made and adopted a motion to permit a rehearing from a Community Appearance Board deci- sion. Mr. Conke, representing Mobil Oil, wished to present some addi- tional information and new evidence which had not been presented to Council before as well as providing a better explanation of the sub- stance of their appeal. He feels Council should treat this evening's appeal as if they were hearing the appeal for the first time and then adopt a vote as to whether or not they wish to uphold or overturn the CAB's decision. Mr. Conke, representing Mobil Oil, stated the height of the sign will be 10 feet 6 1/4 inches and will be placed 10 feet from the proposed concrete walkway. He stated that, according to the City's codes, they would be allowed a 25 foot, maximum, sign on each thorough- fare. At the initial, conceptual CAB meeting they reduced their signage and told the Board they would make it architecturally aesthetic to the buildings in the rest of the project. In his opinion, the final deci- sion of the CAB was not to deny their sign as they did not consider it. They passed it preliminarily; however, at the final hearing their choice for denial was because of an agreement being drawn up to reduce the allowed signage by mutual consent between the developer, Mobil Oil and the City. Since then Council has approved the developer's end of the sign agreement and he has reduced his signage rather than taking it to the maximum allowed. Upon question by Mr. Bird as to how this sign compares with the Mobil Oil sign on South Federal Highway, Mr. Conke advised their pro- posed sign is the same width but not as high. Mayor Campbell stated that Council did not want a gas station in that location and when the original developer came before them the promise was made that the gas station would be no more nocuous than that which they see at the intersection of Linton and Federal. One of the reasons they allowed the station there was because it was going to be an understated station, aesthetically pleasing and not have a sign on the road. Mr. Jackel moved to approve the sign as outlined by Mr. Conke, seconded by Mr. Weatherspoon. 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. 27. Ordinance No. 7-86 - Amending Zoning Code - Beauty and Voca- tional Schools. Ordinance No. 7-86, amending Chapter 30, "Zoning" of the Code of Ordinances to allow beauty schools and several other voca- tional schools as a permitted use in the GC (General Commercial) Dis- trict, is before Council for consideration on First Reading. If passed, Public Hearing will be held February llth. The City Manager presented Ordinance No. 7-86: 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, BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (B) "PERMITTED USES", SUBSECTION (82) "VOCATIONAL SCHOOLS", TO ADD CRAFT, BEAUTY SCHOOLS, GYMNASTICS AND PHOTOGRAPHY AS ADDITIONAL PERMITTED USES; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 7-86 on First Reading, seconded by Mr. Bird. 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, upon question by Mr. Bird, Mr. Cohn advised that this originally arose from the Building Department who had an applicant interested in opening a beauty school. In looking at the types of vocational schools listed in the GC District, beauty school was not one specified. It was his feeling that it seemed to be of the nature of the others allowed. -10- 01-28-86 At this point the roll was called to the motion. 28. Ordinance No. 8-86 - Amending Zoning Code - Live-Aboard Ves- sels. Ordinance No. 8-86, amending Chapter 30 "Zoning" of the Code of Ordinances to allow live-aboard vessels as a conditional use within the RM-10 and RM-15 (Multiple Family Dwelling) Districts, is before Council for consideration on First Reading. If passed, Public Hearing will be held February llth. The City Manager presented Ordinance No. 8-86: 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 30-7(C), "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", AND SECTION 30-8(C), "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", TO ADD AS A CONDITIONAL USE UNDER THESE ZONING DISTRICTS "LIVE-ABOARD VESSELS" IN CERTAIN INSTANCES AND RENUMBERING THE REMAINING USES; 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. 8-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion FAILED with a 1 to 3 vote. (At the end of the meeting, Mr. Bird requested that his original "Yes" vote be changed to a "No" vote making the vote 1-3 Failed). Before roll call the following discussion was had: Mr. Weatherspoon stated that at the last workshop meeting Mayor Campbell requested that the City Attorney bring to this meeting clarifi- cation of some points which were brought up. The City Attorney stated the only item he remembers is that Council wanted to have the leases which Mr. Chapin submitted. Mayor Campbell stated there was also the issue of whether or not there was a violation of the code at the time the leases were entered into. The City Attorney stated, with regard to what the individuals were cited for, those who went before the Code Enforcement Board dealt specifically with density which exceeded the zoning. He also had some concerns that there were commercial operations ongoing in the area and that the water over which the boats were float- ing is under the control of Council and no permission was given for its use if they were anchored or moored to the bottom. It is his position that the leases which were entered into were improper in light of the fact that they violated the density restrictions in the zoning code and that live-aboard vessels are not a permitted use in any zoning district. Mr. Jackel stated he has a problem with the grandfather clause and stated the way the ordinance is written now they are going to have a legal problem. He feels the leases should run their course and as they expire the people will have to move. Mr. Weatherspoon stated he feels Council should give the owners the opportunity to find somewhere else to live. Mr. Bob Chapin, representing the boat owners, stated the first lease expires in October, 1987, and the last one in June, 1989. He feels if Council is going to be fair, have uniformity and make a compro- mise then they should go to the June 1989 date to permit the rights of the property owners to be fairly protected. At this point the roll was called to the motion. 29. Ordinance No. 9-86 - Amending Code - License Fee for Hypno- tists. Ordinance No. 9-86, amending Chapter 15 "Licenses" of the Code of Ordinances relative to requiring hypnotists to comply with the requirements of Florida Statutes, is before Council for consideration on First Reading. If passed, Public Hearing will be held February llth. -11- 01-28-86 The City Manager presented Ordinance No. 9-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, "LICENSES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 15-11, "SCHEDULE OF TAXES" SUBSECTION (16) BY DELETING THE CATEGORY HYPNOTISTS; ADDING A NEW SUBSECTION (134.5) "HYPNOTISTS"; SETTING A LICENSE FEE; REQUIRING HYPNOTISTS TO COMPLY WITH THE REQUIREMENTS OF FLORIDA STATUTES; PROVIDING A GENERAL REPEALER; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 9-86 on First Reading, 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. 30. Ordinance No. 10-86 - Amending Code - Bidding Procedures for Nuisance Abatements. Ordinance No. 10-86, amending Chapter 13 "Health and Sanitation" of the Code of Ordinances relative to bidding procedures for nuisance abatements, is before Council for consideration on First Reading. If passed, Public Hearing will be held February llth. The City Manager presented Ordinance No. 10-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANITA- TION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "NUISANCES ON PROPERTY", BY REPEALING SECTION 13-20, "NUISANCE ABATE- MENT BID PROCEDURE"; BY REPEALING SECTION 13-21, "BID SPECIFICATIONS"; BY REPEALING SECTION 13-22, "AWARD OF CONTRACT"; BY REPEALING SECTION 13-23, "ADVERTISING FOR BIDS"; AND BY ENACTING A NEW SECTION 13-20, "NUISANCE ABATEMENT BID PROCEDURE"; PROVIDING THAT THE CITY SHALL OBTAIN SEALED COMPETITIVE BIDS AT INTERVALS OF NO LESS THAN YEARLY FOR AN HOURLY RATE FOR THE SERVICES ENTAILED IN CARRYING OUT THE ABATEMENT OF NUISANCES; PROVIDING PROCEDURES FOR RESOLVING BILLING DISPUTES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 10-86 on First Reading, 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. Mayor Campbell declared the meeting adjourned at 8:55 P.M. Cit~ 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 28, 1986, which minutes were formally approved and adopted by the City Council on ~ /~/~ . -12- 01-28-86 City ~lerk 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. -13- 01-28-86