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02-11-86 FEBRUARY 11, 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, February 11, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird (arrived 7:12 P.M.) 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 Gerald Dingman, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for agenda approval, moving Item 12 of the Consent Agenda to be the first Item of the regular agenda, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horen- burger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the City Attorney advised that he will be requesting a postponement of Item 5 when it comes up tonight. At this point the roll was called to the motion. Mayor Campbell stated that he has to leave the meeting for about an hour at this time. He apologized adding that he had another commitment he could not get out of and a mistake in his schedule. He asked to reserve comments as a member of Council upon his return. Vice- Mayor Horenburger took the chair. PUBLIC HEARINGS 5. Ordinance No. 4-86 - Amending Zoning Code - Satellite Dishes. The City Attorney reported that the final written regulations from the FCC have not yet been received and he suggested postponing this item to the March 11, 1986 meeting. Mr. Weatherspoon moved to continue the Public Hearing on Second and FINAL Reading of Ordinance No. 4-86 to the March 11, 1986 meeting, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 6. 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 vocational schools as a permitted use in the GC (General Commercial) 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 scheduled to be held at this time. 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. 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. 7-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. Mr. Bird arrived at the meeting at this time. 7. 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 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. 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. 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. 9-86 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; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 8. 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 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. 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. - 2 - 02/11/86 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. 10-86 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; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. PROCEDURAL ITEMS 9. Mr. Jackel moved for approval of the Regular Meeting of January 28, 1986 and Special Meeting of January 21, 1986, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 10.a.1. Mrs. Connie Tuttle, DDA Chairman, thanked citizens and Council for supporting their efforts to get the Main Street program underway. Out of seven cities, Delray Beach and Miami Shores were the two cities not selected. She explained that the five cities which were selected already had a Main Street Manager in place, had half of the programs done, already were refurbishing and had cultural and recreational events. She feels Delray Beach was a little bit behind and asked that the City allow them to go ahead with the program and hire a Main Street Manager. Vice-Mayor Horenburger thanked Mrs. Tuttle and Mrs. Weir for representing them so well in this matter. The City Manager advised that the City Attorney will research the matter and come back with an answer. Mr. Bird asked Mrs. Tuttle to make any recommendations the DDA feels are appropriate for restructuring the groups working on this project. Mrs. Tuttle stated that there are other areas that need to be worked on. 10.a.2. Mrs. Anita Baldwin, 3946 Lake Ida Road, expressed concern over the "Mr. Grocer" store that is proposed to go up in the Delray Shores Medical Complex. They have already appealed to the County Commission and were told that the surrounding residents would be notified before further action was taken; however, that was not done. They are afraid that type of establishment will downgrade the neighborhoods there and will attract cars, noise, loitering, etc. School busses load and unload small children there and they feel this will cause an unsafe situation for the children. Vice-Mayor Horenburger stated that that property is in the County. The City has worked with the County in trying to have that zoning modified. Upon question, Mrs. Baldwin stated they have not contacted the County again. Mr. Bird questioned what the residents feel City Council can accomplish for them. Given that they have no juris- diction and that they have already tried moral suasion, he does not know what they can do now. Vice-Mayor Horenburger stated this is a good example of how little control they have over County pockets and is one of the reasons Delray Beach is anxious to pursue annexation. All they can do is ask staff and Council Members to contact the County Commission. Mr. Thomas Mook, 341 Ross Drive, echoed Mrs. Baldwin's concerns and presented the following suggestions: (1) to draft correspondence to the County and present it in person; (2) create publicity regarding the situation and the owner of the property; (3) be more aware of what is happening in the County pockets; (4) increase patrols and awareness of the surrounding areas to prevent the spread of undesirables out of the pockets; and (5) tighten up zoning around the pockets. Mrs. Alice Finst, representing Chatelaine Homeowners, stated it is their understanding that "Mr. Grocer" can be a 24 hour operation. Also, that there will be a bakery, dry cleaning store, etc. They feel the City is responsible for them and request that the City get an injunction to stop the operation until this is cleared up. - 3 - 02/11/86 The City Attorney stated he has not heard anything that could be grounds which the City could raise. Mr. Bird stated it is his understanding the area is all zoned Neighborhood Commercial and that there was no prohibition placed on that use at the time the Medical Center was authorized. He added that this issue should have been before the County at 2:00 this afternoon. He, for one, would volunteer to go before the County supporting the citizens on this issue; however, as a City they have no legal standing to cause this action to be prohibited. The Board of County Commissioners is the only body who can grant relief. Mr. Jackel feels that the City has to take a hard stand with the County on the issue of County pockets. Vice-Mayor Horenburger added that Council is prepared to do what it can in support of the effort; however, she feels that little can be done on this particular issue since a permit has already been issued. Upon question by Mr. Bird, Mrs. Elaine Roberts advised that the next meeting of COG is on March 5th; the meeting that might help is when the group gets together to discuss the impacts. Mr. Bird suggested that Mrs. Roberts get the names of the three individuals who have spoken. That meeting which will occur in the City Hall conference room will be an opportunity for them to sit down as City and County governments and try to arrive at a solution. In the meantime, if the citizens choose to go up to the County in two weeks, he asked that they let Council know so they can lend their support. Vice-Mayor Horenburger suggested that in the meantime they can all contact their County Commissioners and County staff. Mr. Jackel stated that when the County Building and Zoning Department issued the building permit, the County Commission overrode them. The attorney for "Mr. Grocer" went to the Board of Adjustment for an Administrative Appeal which does not require notification of the surrounding residents. The Board of Adjustment ruled in favor of "Mr. Grocer". The County Commissioners did not notify anyone in the neighbor- hood although they had promised to do so. 10.a.3. Mr. Rick Hoffman, Hoffman Brothers automotive/wrecking company, stated he has spoken with members of the Police Department and everyone seems happy with the situation they now have; i.e., six companies with a minimum of four trucks each and a storage facility within the City and which are insured and competent. In the ten years he has been part of the rotation system they have had no problems handling any situation that has happened in Delray Beach. On February 2nd they received a bid request from the City. They feel the bid request is absurd with regard to the amount and type of equipment required. He requests an oppor- tunity for him and the other companies to have discussion with the proper City staff to see what the problem is and if they cannot keep things the way they are or make the bid request more reasonable. They have been given only ten days to submit a bid and he requests they hold off until this discussion can be had. The City Manager stated that the system will continue the way it is; they are simply testing this other system. Vice-Mayor Horen- burger suggested that City staff provide information to the people currently in the rotation system clarifying it and offering them an opportunity of sitting down and discussing it. The City Manager advised Mr. Hoffman not to be concerned over the ten days. Mr. Alan Nub stated his company is on the Police Department's list and questioned why he did not receive an invitation to bid. The City Manager advised that he will have a meeting in his office with everyone involved. 10.b.1. Mr. Jackel moved to move Thaddeus Cohen from an alternate to a regular architect member of the Code Enforcement Board, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. - 4 - 02/11/86 10.b.2. Mr. Jackel moved to appoint Mr. Ben Bussin as an alternate member of the Internal Audit Committee and to move Charles Ostrow from an alternate to a regular position on that committee, seconded by Mr. Weatherspoon. Before roll call, Vice-Mayor Horenburger had a problem with a new appointment at this time since a new Council Member will be in office shortly who may have other ideas for appointments to boards. If this appointment is not urgent, she would suggest holding off on it until the new Council is in place. Mr. Weatherspoon made a substitute motion to move Charles Ostrow from an alternate to a regular position on the Internal Audit Committee, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 10.b.3. Mr. Jackel suggested that out of courtesy a member of City staff should respond to Mr. Brennan's letter of February 3, 1986, regarding the Charter Building. 10.b.4. Mr. Jackel read the following newspaper headlines: "City planning staff too slow according to the Chairman of the P&Z"; "Snags keep Delray Park from blooming"; "Delray Recreation leader quits after 20 years"; "City Assistant Planner fired after arrest"; "Delray Beach to toughen hiring policy" and quoted an editorial regarding the putting up of the King Street signs. He stated that things are going wrong; it is up to City Council as well as the City Manager to take heed. 10.b.5. Mr. Bird stated they received a communication from an organization called "Project Freeway" which deals with drug and alcohol abuse and which addresses itself to a Boca-Delray task force. Since they are using the City's name he wanted to be sure the City is, in fact, a part of it. He is anxious to be involved in it and would ask their representative to give them a brief report either in writing or at workshop to tell them what is being done and what they, as a Council or as individuals, can do to help the effort move forward. 10.b.6. Mr. Weatherspoon asked for an update with regard to the parking at 5th Avenue. The City Manager advised that they have identified three parcels but have not yet obtained appraisals or publicly identified the lots. If Council so desires, they will go ahead with the appraisals. Council would then have the option of using funds from the unincorporated reserve or the land acquisition fund, since the Contingency Fund has dropped. It was the consensus of Council to direct the Administration to proceed. 10.b.7o Mr. Weatherspoon asked for an update with regard to the 9+ acres which the County was contemplating selling and which the City was trying to obtain. The City Manager stated they are in negotiations right now. Hopefully, within the next two weeks he will have a recommendation for Council. 10.b.8. Mr. Weatherspoon stated it has been brought to his attention that street light repairs can take as long as a week to two weeks. He feels this should be addressed. The City Manager agreed to send a letter, on behalf of City Council, to Dave O'Connell, District Manager, expressing Council's concern at the amount of time it takes to get a light repaired in this City. 10.b.9. Mr. Weatherspoon expressed concern over problems within the Administration as addressed earlier by Mr. Jackel. He hopes the City Manager will take the appropriate action to see these problems are taken care of so they can better serve their citizens. - 5 - 02/11/86 The City Manager stated there a number of those items Mr. Jackel mentioned that he cannot comment on because of legal involvements which the City Attorney is working on. 10.b.10. Vice-Mayor Horenburger asked that they put the proposed Youth Council on the next workshop agenda for a brief explanation. She will be submitting information to the rest of Council. 10.c.1. The City Attorney stated they were informed that there will not be a senator present at the meeting of the Legislative Delegation tomorrow at Palm Beach Gardens. That being the case, the Delegation will not vote on anything. The City has requested to be put on the agenda for the Delegation's Subcommittee meeting in Boca Raton at 10:00 A.M. on February 28th. So that is when the City's issues will be presented. Upon question, the City Attorney stated they have no guarantee that a senator will be present at this meeting. Vice-Mayor Horenburger suggested sending a letter to the Delegation asking for some kind of relief. The City Attorney stated that all of these local bills have to be in the hands of legislative bill drafting on the 21st, which is before they will be voted on here. They just have to hope there are no changes; this presents a difficulty. If Council desires, he will attend the meeting in Palm Beach Gardens tomorrow night to request that they lean on their fellow legislators to have them present at the next meeting. Council concurred. 10.c.2. The City Attorney stated that they went through a lawsuit involving two police officers who had sued the City contesting the City's management right and right to make independent managerial decisions on disciplinary cases coming out of the Police Department. It was worth about $125,000 in damages plus over $70,000 in attorneys fees. The Fourth District Court of Appea~ concurred with the City's arguments and they received a good opinion, upholding the City's position. They did not grant the City's motion for attorneys fees yet but the City will pursue that. Upon question by Mr. Bird, the City Attorney stated he does not think they have grounds to go to a higher court based on the order the 4th District Court of Appeals entered. 10.d.1. There were no Non-Agenda Items by the City Manager. CONSENT AGENDA 11. Request for Solicitation of Funds - March of Dimes Palm Beach/Martin County. A request has been received to approve solicitation of funds from April 1st through April 15, 1986. Approval is recommended. 13. Andover Sales Center - Building Permit A~plication. Council is to consider a request from Andover Development Corporation for the City to issue a building permit prior to the actual recordation of the plat of Andover, Section 1 for which a plat approval has been given. In order to issue this permit, Council action is required. Approval is recommended. 14. General Employees' Pension Plan. Council is to consider ratification of the General Employees' Pension Plan to grant a one time across-the-board increase for current retirees of the plan with funds to come from the 1985/86 general fund budget. Approval is recommended. 15. Liquid Chlorine and HTH. Council is to consider award of contract to the low bidders for the following: Bidder Product Amount Jones Chemical, Inc. One ton cylinder $319.00 150 pound cylinders 39.00 P.B. & S. Chemical 100 pound drum solid HTH 91.00 The City is part of a cooperative bid with other local cities. Approval is recommended. - 6 - 02/11/86 16. Community Development Grant Program. Council is to consider authorizing adoption of Community Development Grant Program policies and procedures for housing rehabilitation, demolition and real property acquisition and disposition. 17. Requisition No. 4 - S.G Phillips Constructors, Inc. of Florida. Council is to consider authorizing payment of Requisition No. 4 in the amount of $90,421.44 for Regional Wastewater Treatment Plant Expansion, Part A. Approval is recommended. 18. Community Service Fair. Council is to consider a request for a 'Community Service Fair to be held on February 21st and 22nd on the sidewalk from East 1st Street to Venetian. Approval is recommended. 19. Nuisance Abatement. Resolution No. 6-86, assessing costs of abating nuisances in accordance with Section 13-13 on 25 parcels is before Council for consideration. The caption of Resolution No. 6-86 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; PROVIDING 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 6-86 is on file in the official Reso- lution Book) 20. West Indian Manatee Protection. Resolution No. 7-86, request- ing affirmative and immediate action by the State of Florida to reduce mortality rates in the West Indian Manatee population, is before Council for consideration. The caption of Resolution No. 7-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING AFFIRMATIVE AND IMMEDIATE ACTION BY THE STATE OF FLORIDA TO REDUCE MORTALITY RATES IN THE WEST INDIAN MANATEE POPULATION AND DIRECTING THE CITY CLERK TO FORWARD COPIES. (Copy of Resolution No. 7-86 is on file in the official Resolution Book) 21. Beach Renourishment Programs - Federal Participation. Resolution No. 8-86, requesting Congressman Mica and other Congressmen who would be affected to consider extension of Federal participation in the beach renourishment programs in Palm Beach County, is before Council for consideration. The caption of Resolution No. 8-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING CONSIDERATION OF THE EXTENSION OF FEDERAL PARTICIPATION IN THE BEACH RENOURISHMENT PROGRAMS IN PALM BEACH COUNTY, FLORIDA, AND DIRECTING THE CITY CLERK TO FORWARD COPIES. (Copy of Resolution No. 8-86 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda with the exception of Item 12 which has been moved to the Regular Agenda, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. - 7 - 02/11/86 PROCEDURAL ITEMS (continued) Mayor Campbell returned to the meeting at this time. 10.b.ll. Mayor Campbell asked for an update on the parking lots on West Atlantic Avenue. The City Manager advised they have drafted a letter to the property owners and, hopefully, will get that out before the end of the week. 10.b.12. Mayor Campbell asked about the lighting for West Atlantic Avenue from Homewood Boulevard to Military Trail. The City Manager advised it is roughly $1540 a month and Council will be receiving a report showing a breakdown. 10.b.13. Mayor Campbell asked about the cemetery report. The City Manager stated that the IAC is in general agreement with the report they received from the Cemetery Committee. It is now back to City Council for potential action. 10.b.14. Mayor Campbell stated that they have been looking for a use for the Delray Beach Elementary School site. He would like Council to confirm that the Delray Beach Historical Society will be working with the Community Redevelopment Agency. Basically, that means that Ken Simback and the CRA together with Francis Bourke, Historical Society, will continue to look at that and come back to Council with some recommendations on appropriate future uses for that site. Upon question by Mr. Jackel, Mayor Campbell stated they will not be setting up a committee; essentially, it will be Ken Simback. The idea is to have as few people as possible. Council was in consensus with the Mayor's request. REGULAR AGENDA 12. Request for Solicitation of Funds - Milton-Myers Post 65, The American Legion, Department of Florida. Council has received a request to approve telephone solicitation of funds from April 1 through April 15, 1986; personal contact from April 16 through April 30, 1986. Mr. Jackel stated that he pulled this from the Consent Agenda because Milton-Myers Post has asked to be heard. There is some question as to the time element and the fee involved. Mr. John George, American Legion, stated that they have put up a $100 f~e and are asking for the fee to be waived and for Council consideration for an extended time period. The program they want to put on is called the World of Magic. It will be performed in the Atlantic High School Gymnasium on May 25th. They have already spent $8,000 - $10,000 and need all the time they can get for solicitation. Although there is a great demand for solicitation during this part of the year, they are asking for an exception because their solicitation will be mainly by telephone and they will not be competing with the March of Dimes, Red Cross, or other organizations. Upon question by Mayor Campbell, Mr. George advised that they would like to start soliciting as soon as possible through their deadline into May. Mayor Campbell asked if there is a prohibition that two or more groups may not solicit at the same time. The City Attorney replied, yes, unless they make provision that they will not be in the same section of the City at the same time. Additionally, the ordinances say that a solicitation may be for no more than four weeks and that Council could, under special circumstances showing that is insufficient, extend that period of time. However, Council is not permitted to extend that period of time if it overlaps with another solicitation going door to door. Upon question by Mr. Bird, Mr. George advised that they are selling tickets for a magic show. Mr. Bird asked if perhaps this is different than door to door soliciting. The City Attorney advised that he has a problem with the definition of what constitutes a solicitation; i.e., where the net is to be used for a charitable purpose. - 8 - 02/11/86 Mayor Campbell suggested that the City Attorney investigate a way to let the American Legion have the solicitation they want and get back to Council telling them how they can accommodate that with an analysis of the ordinance as to whether or not it is really needed. Mr. Bird moved that Milton-Myer Post 65 be authorized to sell tickets for their magic show commencing now, subject to amendment when they get a report back from the City Attorney, seconded by Mr. Weather- spoon. 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 the following discussion was had: Mr. Weatherspoon asked if the motion includes the waiving of the $100 fee. Mr. Bird stated he was going to hold that in abeyance pending the report. The City Attorney stated he would have serious concerns about that as it would put Council in an awkward position every time. At this point the roll was called to the motion. Mayor Campbell pointed out that this is a heavy burden on the City Clerk's Office to have to research and investigate all of these applications. He feels that is too much of a burden on the City Clerk's part and an inappropriate additional function. Mr. George thanked City Council and the citizens of Delray Beach for supporting their effort. 22. Conditional Use Approval - First and First Plaza. Council is to consider a conditional use approval request for First and First Plaza to allow a church and a masonic lodge to operate in an existing strip commercial center, located west of S.W. 1st Avenue between Atlantic Avenue and S.W. 1st Street. It is zoned GC (General Commercial) and contains .77 acres. The Planning and Zoning Board recommends approval and the Planning Director recommends denial. Mr. Weatherspoon moved for approval of the conditional use request for First and First Plaza subject to the conditions by the Planning and Zoning Board, seconded by Mr. Jackel. Discussion was had with regard to the motion. Mr. Weatherspoon recalled that the Planning staff requested, if Council approved this, they would need time to come up with some conditions. Mr. Jackel felt they need additional information from the property owner and people in the area. The City Attorney advised that it would be possible for Council to approve the conditional use subject to the conditions as decided by staff and those conditions could be subsequently approved by Council at a later time. Mrs. Horenburger made a substitute motion to approve the conditional use as recommended by the Planning and Zoning Board and to ask staff to draft the conditions which will come back to Council for consideration at a subsequent date, 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, Mr. Richard Korman, petitioner, stated that he feels the Planning and Zoning Board's objections were unwarranted and inaccurate. Mr. Bird clarified that all they are doing tonight is agreeing with the granting of conditional use approval. They are going to withhold final approval until they have seen the list of conditions. Mr. Weatherspoon expressed concern with regard to the tidiness of the area and he hopes that will be addressed. At this point the roll was called to the motion. - 9 - 02/11/86 23. Conditional Use Extension Request - McChristian Office Building. Council is to consider a request for conditional use extension for one year to February 12, 1987 for McChristian Office Building, a professional office development, located on the east side of Swinton Avenue, between N.E. 6th Street and N.E. 5th Street. Mrs. Horenburger moved to grant conditional use extension for one year, seconded by Mr. Weatherspoon. Mrs. Horenburger pointed out that she has a note which says that this will be considered by the Planning and Zoning Board on February 10th. Mrs. Kathi Sumrall, Planning and Zoning Board, advised that the petitioner was not given notice of the meeting last night until yesterday morning and was unable to attend. The Board would like to give them a 30 day extension so they appear at the February 21st meet- ing. Mrs. Horenburger withdrew her motion and Mr. Weatherspoon his second. Mr. Bird moved to grant a 30 day extension, 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. 24. Conditional Use Approval - Young Tiny Tots. Council is to consider a request for conditional use and site plan approval for Young Tiny Tots, to allow a day care facility in an R-lA (Single Family Dwelling) District, located on the west side of S.W. 6th Avenue, between S.W. 3rd Street and S.W. 4th Street. The Planning & Zoning Board and Planning Director recommend approval subject to the following conditions: (1) That the only conditional uses to be allowed hereunder are as follows: Day care center, kindergarten, nursery school and other preschool facilities. (2) That there be no more than forty-five (45) children at this facility. (3) That a ten (10) foot landscape strip be provided along the parking area abutting the right-of-way, and a five (5) foot landscape strip be provided along the side property line abutting the parking area. (4) That this lot be replatted prior to the issuance of a building permit. (5) That a six (6) foot chain link fence with continuous hedge instead of the decorative wall be provided on three (3) sides of the play area. (6) That the three (3) foot sidewalk leading to the building be increased to five (5) feet. (7) Irrigation is required and must be from a source other than City water. (8) That the landscape plan be revised as follows: (i) That one perimeter tree is required within the landscape strip located between the first parking space and the property line. (ii) That trees not be planted within the hedge row along the north property line. These trees should be shifted two (2) feet to the south. (iii) Provide an additional interior tree to the extreme west of the parking area within the sodded island. (9) That the site plan be revised as follows: (i) That the sidewalk along S.W. 6th Avenue be relocated to the rear of the right-of-way. (ii) That the curb adjacent to the ramp be realigned and straightened out in order to allow a smooth left turn flow into the drop off area. (iii) That the directional arrows at the entrance be reversed. (iv) That the canopy and sign be relocated out of the twenty-five (25) foot building setback area. - 10 - 02/11/86 (10) That County Health Department approval be obtained prior to the issuance of a building permit. (11) That all improvements are to be completed in accordance with the approved site plan. (12) This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of the improvements are made by that time. If the approval expires, a request for an extension must be made in accordance with Section 30-21 (E) of the Zoning Code. Also, the Planning Department continues to recommend a 25' stacking distance from the property line to the outside edge of the drop off driveway as they consider it to be very important to the proper traffic flow and safety. Mr. Weatherspoon moved to grant conditional use approval subject to the conditions of the Planning and Zoning Board and the comments of the Planning Director as set forth in his memorandum dated February 7, 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. (See attached memo from City Attorney dated February 18, 1986, for clarification of motion). Before roll call the following discussion was had: Mr. Weatherspoon recalled that they made modifications to the ordinance which addressed platting. Upon question by Mayor Campbell, the City Attorney stated that they are subdividing a subdivision so this would require platting. He further clarified that any division of the use or interest in the property constitutes a subdivision. Mr. Cohn, Planning Director, stated some of those lots were sold off without being replatted and it is their opinion that when any of that subdivision is proposed for use, those particular lots must be platted. Mayor Campbell suggested they approve this but revisit it and look at it more closely. Mr. Danny O'Brien, O'Brien, Suiter and O'Brien, pointed out that Block 16 was divided many years ago. The 1975 atlas shows 18 parcels of land and this venture is taking one of those eighteen parcels. These are residential lots so you could have, in effect, 18 separate plats in one block. Mr. Cohn added that according to the Engineering Department the plat was of the entire block and there has never actually been any replatting of that block. At this point the roll was called to the motion. 25. Site Plan Approval - Office Building (S.W. 4th Avenue and Linton Boulevard). Council is to consider a request for site plan approval for Office Building, a proposed three-story office building, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. It is zoned POC (Professional Office Center) and contains 0.49 acres. The Planning & Zoning Board and Planning Director recommend approval subject to the following conditions: (1) That the compact car spaces be deleted. (2) The Engineering Division's memorandum of March 8, 1985. (3) Director of Public Utilities memorandum of March 13, 1985. (4) City Horticulturist's memorandum of March 7, 1985. (5) That all improvements be completed in accordance with the approved plan except as modified by the above conditions. (6) That the time limitation of this approval be eighteen (18) months pursuant to Section 30-22 (E) of the Zoning Code. (7) That a sidewalk be required on S.W. 4th Avenue; to be determined at the time of final plat approval. (8) That the perimeter landscape be revised to include trees planted twenty (20) feet on center. Mr. Bird stated that at the time they approved POI for this lot, he noted that it was undersized and that virtually any building would be too intense for this land mass. What they have before them is a three story building on a half acre of land. To get any meaningful use out of the land they had to put the whole first story into parking. - 11 - 02/11/86 He still has the same problem and suggests that each Council member look at the site plan and review it very critically. Presently that area has single family homes and he thinks a three story building is out of character and that the buffering on the residential sides is inaccurate. His main concern with it is that the parking lot goes virtually to the property line on the west and the north and the building is overscaled to the lot in his view. Mr. Jackel moved to postpone this item to next week's Workshop Meeting, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon felt they should consider that their Planning and Zoning Board has scrutinized this and recommend approval. He would be willing to listen to a suggestion for a better use for this land but this would seem to be about the best that can be done with it under the circumstances. Mr. Robert Eisen, representing petitioner, stated when they first brought this parcel into the City under POI they brought in this same site plan and it was fully conforming with the then existing zoning. They do believe it is an appropriate use for this corner and an upgrade for the area. At this point the roll was called to the motion. Mrs. Horenburger noted that a comment was made that the project has nearly 50% footprint. She feels this may be an appropriate time to bring up the fact that they need some kind of standard with regard to a minimum footprint. She suggests they address that at workshop and ask the Planning staff to review it. 26. Ordinance No. 11-86 - Increase in Transmission and Storaqe Fees. Ordinance No. 11-86, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to increasing the transmission and storage fee charges, is before Council for consideration on First Reading. If passed, Public Hearing will be held February 25th. The City Manager presented Ordinance No. 11-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "WATER SERVICE", DIVISION 1, "GENERALLY", SECTION 29-33, "TRANSMISSION AND STORAGE FEES", SUBSECTION (a), TO INCREASE TRANSMISSION AND STORAGE FEE CHARGES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. He advised that Section 3 provides the standard ten day effective date; however, Council may want to change that because of the application of the new fees. He would suggest that although the ordinance would become effective after ten days, that the new charges be applicable to all applications filed on or later than tomorrow. Mr. Jackel moved for the adoption of Ordinance No. 11-86 on First Reading with the new charges to be applicable to all applications not currently pending; i.e., filed February 12, 1986 or later, 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, the City Manager advised that this fee increase is in response to the Post Buckley report. He added that before Second Reading he will be giving Council a list of the existing projects which have received quotations for water and sewer service. At this point the roll was called to the motion. - 12 - 02/11/86 27. Ordinance No. 12-86 - Coastal Construction Code. Ordinance No. 12-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances by enacting a new Article IX "Coastal Construction Code" to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other natural disasters occurring along the coastal areas which front the Atlantic Ocean, is before Council for consideration on First Reading. If passed, Public Hearing will be held February 25th. The City Manager presented Ordinance No. 12-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 9, 'BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW ARTICLE IX, "COASTAL CONSTRUCTION CODE", TO PROVIDE A TITLE, TO PROVIDE A GENERAL PURPOSE, TO PROVIDE THE APPLICABILITY AND SCOPE OF THE COASTAL CONSTRUCTION CODE, TO PROVIDE FOR THE APPLICABILITY TO EXISTING STRUCTURES, TO PROVIDE FOR THE APPLICABILITY TO MULTI-ZONE STRUCTURES, TO PROVIDE FOR EXEMPTION OF CONSTRUCTION WHICH EXTENDS SEAWARD OF THE MEAN HIGH WATER LINE, TO PROVIDE FOR APPLICATIONS FOR PERMITS, TO PROVIDE FOR DEFINITIONS, TO PROVIDE GENERALLY FOR COASTAL CONSTRUCTION REQUIREMENTS, TO PROVIDE FOR STRUCTURAL REQUIREMENTS FOR MAJOR STRUCTURES, TO PROVIDE FOR STRUCTURAL REQUIREMENTS FOR NONHABITABLE MAJOR STRUCTURES, TO PROVIDE FOR STRUCTURAL REQUIREMENTS FOR MINOR STRUCTURES, TO PROVIDE FOR LOCATION OF CONSTRUCTION, TO PROVIDE FOR PUBLIC ACCESS, AND TO PROVIDE REFERENCES FOR ASSISTANCE IN DETERMINING DESIGN PARAMETERS AND METHODOLOGIES FOR COMPLIANCE; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. He noted that a new draft of the ordinance with some minor corrections was provided to Council this evening. Mrs. Horenburger moved for the adoption of Ordinance No. 12-86 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, upon question by Mayor Campbell, the City Attorney advised that this ordinance was mandated by the State District Court of Appeals. The City Manager added that this is scheduled for next week's workshop to get into further detail. It is a very complicated ordinance. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 9:00 P.M. Clerk M A Y 0 R 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 February 11, 1986, ~hic~h minutes were formally approved and adopted by the City Council on 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 - 02/11/86 CITY ELilI:IY BEI:I£H Date: F~bruary 18, 1986 To: James L. Pennington, City Manager Robert Cobh, Planning Director From: Herbert A. Thiele, City Attorney Subject: Clarification of City Council Action Taken at February 11. 1986 Meeting At the City Council Meeting of February 11, 1986 the City Council approved a conditional use approval for the "Tiny Tots" application. At the time of the motion made by Council Member Jimmy Weatherspoon, said motion was to approve the project subject to the Planning and Zoning Boards conditions. In addition to that we interposed (which Mr. Weatherspoon accept- ed) a suggestion that that motion also would include approval of the staffs condition. However, to clarify this condition, it was Mr. Weatherspoon's intention, as well as ours, that the staff conditions which would be applicable would be only those which are not otherwise in conflict with the Planning and Zoning Boards conditions, and where there was a conflict the Planning and Zoning Boards conditions would prevail. Hopefully this will clear up any confusion concerning the conditions for this conditional use approval. If you have any ~H~..ta~er questions, please contact the City Attorney's Office. cc: City Council, Elizabeth Arnau, City Clerk