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03-11-86 MARCH 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, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger (arrived 7:10 PM) Council Member Arthur Jackel Council Member Jimmy Weatherspoon (arrived 7:05 PM) 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 City Manager James Pennington. 3. The Pledge of Allegiance to the flag of the United States of America was given. Mr. Weatherspoon arrived at this time. 4. The City Attorney advised Council of corrections to Item 33 of the agenda: (1) the agreement is between the City and the Linton Plaza Joint Venture, not Lavers Plaza, and (2) it is concerning a project called Linton International Plaza, not just the Carney Bank. He requested that Council add First Reading of Ordinance No. 19-86, the DRI Ordinance, to the agenda as Item 35. Mr. Bird moved for agenda approval subject to the addition of Item 35, First Reading of Ordinance No. 19-86, and corrections to Item 33, 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. PUBLIC HEARING Mrs. Horenburger arrived at this time. 5. Ordinance No. 4-86 - Amending Zoning Code - Satellite Dishes. Ordinance No. 4-86, amending Chapter 30 "Zoning" of the Code of Ordinances 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 scheduled to be held at this time. The City Attorney advised that Council has been provided with a revised version of this ordinance. They have received the regulations from the FCC and this ordinance has been redrafted to comply with them. 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 ADDITIONAL REQUIREMENTS IN RESIDENTIAL, MULTI-FAMILY COMMERCIAL AND INDUSTRIAL DISTRICTS AS TO SIZE AND LOCATION OF 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. (Copy of Ordinance No. 4-86 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. Mr. Gary Muller, Master Satellite, stated that the ordinance is well written; however, he suggests that a portion of the ordinance dealing with the placing of dishes on roofs be revised. The problem he sees is that if they restrict a dish to a height of eight feet above the roof line, when it has to be on the east side of the house, the dish will be screened from reception of the most popular satellite. The City Attorney has suggested he have discussions with the Building Department. His suggestion is to make it eight feet above the highest point of the roof. The City Attorney recommended adoption of the ordinance tonight. After consideration by the Building Department they can bring back an amendatory ordinance which defines roof line for purposes of the satellite dish regulations. It was the consensus of Council to come back with an amendatory ordinance. Mrs. Alice Finst, representing Chatelaine homeowners, requested that if masonry walls are going to be put up to screen these structures that the City require the walls to be plastered and painted to match the structure. Council agreed and added that this requirement should apply to any wall built and they will ask the CAB to address it further if necessary. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 4-86 on Second and FINAL Reading, 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 Mrs. Horenburger, the City Attorney advised that Council should not make a motion such as this subject to any conditions; however, they will take Council's motion to be instruction to staff to come back to Council with a recommendation on roof line. At this point the roll was called to the motion. 6. Ordinance No. 13-86 - Amending Code - Delray Park of Commerce. Ordinance No. 13-86, amending Ordinance No. 81-85 to amend Exhibit "A", conditions of approval, for Delray Park of Commerce (formerly Lake Ida Commerce Center), 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. 13-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 81-85, BY AMENDING SECTION 1, THE LAST PARAGRAPH, THEREOF, BY REPEALING EXHIBIT A, LAKE IDA COMMERCE CENTER CONDITIONS OF AP- PROVAL AND ADOPTING A NEW AMENDED EXHIBIT A, DELRAY PARK OF COMMERCE, FORMERLY KNOWN AS LAKE IDA COMMERCE CENTER, CONDITIONS OF APPROVAL WHICH REQUIRES COMPLIANCE WITH THE CONCEPTUAL MASTER PLAN, CERTAIN ROAD IMPROVEMENTS, DEDICATION OF RIGHT-OF-WAY, CONTRIBUTION FOR ADDITIONAL LANES ON CONGRESS AVENUE, PLATTING, CONTRIBUTION FOR BEAUTIFICATION, BINDING LETTER THAT PROJECT IS NOT A DRI, 2 03-11-86 AND FURTHER AMENDING THE LAST PARAGRAPH OF SECTION 1 TO REQUIRE COMPLIANCE BY THE DEVELOPER OF THE APPROVED CONCEPTUAL MASTER PLAN, AS MAY BE AMENDED PURSUANT TO LAW; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 13-86 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 adoption of Ordinance No. 13-86 on Second and FINAL Reading, 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. 7. Blighted and Slum Areas. Resolution No. 9-86, relative to amending Resolution No. 32-85 by repealing Section 4 and enacting a new Section 4 which describes the slum and blighted areas within the City, is before Council for consideration. Public Hearing was postponed at the February 25th meeting and deferred to tonight's meeting. The City Manager presented Resolution No. 9-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 32-85, BY REPEALING SECTION 4 AND ENACTING A NEW SECTION 4, WHICH REFERENCES AN AMENDED APPENDIX "A" WHICH DESCRIBED THE SLUM AND BLIGHTED AREAS WITHIN THE CITY OF DELRAY BEACH, AS REQUIRED IN FLORIDA STATUTES, CHAPTER 163, PART III; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the resolution. The Public Hearing was continued at this time. The public hearing was closed. Mr. Jackel moved for the adoption of Resolution No. 9-86, 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. PROCEDURAL ITEMS 8. Mr. Jackel moved for approval of the minutes of the Regular Meeting of February 25, 1986 and Special Meeting of February 25, 1986, 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. 9.a.1. Mrs. Carolyn Young, 3556 Lakeview Drive, spoke with regard to violations issued by the Building Department to the owners of quadraplexes. These units were originally built as duplexes and have been converted to quadraplexes. According to current City ordinances and building codes the units are illegal. She is here, on behalf of the Westside Apartment Homeowners Association, to ask Council to defer or suspend the violations because the units are providing housing for people who would not otherwise have housing. They are talking about approximately 200 people. They have been told that the units must be converted back to their original state in the next thirty days. That would be impossible to do within that time frame and there would be no place for these people to go if the units were converted. The units are providing affordable standard housing to people who would not otherwise have it. If they converted the units back, it would not be financially feasible to rent the units at affordable rates. They are asking that the quadraplexes be allowed to remain and the parking requirements be waived. 3 03-11-86 Upon question by Mr. Bird, Mrs. Young advised that the zoning is RM-6 and the average size of the lots is 50' x 140'. Mr. Weatherspoon suggested that the violations be held in abeyance until staff can look into the parking, impact, etc., of the area and the feasibility of possibly modifying the codes to address this. They do have a problem with affordable housing. Mrs. Horenburger stated she too would like more information on this and other projects like it in the community. Upon question by Council, the City Manager advised that Council can petition the Code Enforcement Board to postpone taking action. Mr. Bird moved that Council ask the Code Enforcement Board to abate their procedures for a period of thirty days to allow staff adequate time to provide Council with the information needed to make a decision, 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, Mr. Jackel stated he will support the motion but he hopes this will not become a regular occurrence. Mayor Campbell stated that if it is determined that the owners intentionally expanded the use knowing it was forbidden, he would probably not be in favor of any leniency. At this point the roll was called to the motion. 9.a.2. Mr. Jay Felner, representing Rabbit Hollow Land Corporation, stated they already have an approved site plan for their project and are seeking a minor modification. They have discussed it with Mr. Cohn, Planning Director, who agrees with the modification which is to eliminate a small section of sidewalk. Mr. Bird moved to authorize staff to approve the minor site plan modification subject to whatever conditions they may wish to impose, 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. 9.a.3. Mr. Beril Kruger, representing Dr. Elliot, Mrs. Zacker and Mrs. Kruger, stated that they have a contract to purchase a piece of land on the northwest corner of Military Trail and Oak Hill Road. The parcel is approximately six lots in the County and they are rezoning it to Specialized Commercial for a professional office building. The County requires that they acquire water either from the City or County; how- ever, before they can obtain water from the County, the City of Delray Beach must turn them down. They have been told by the Utility Depart- ment that the City will provide water but not at this time so they are in a dilemma because they have a deadline of March 15th to have a letter from the City giving or denying water. Mr. Bird felt it would not be in the best interest of the citizens of Delray Beach to pay 75% of extending a water line to service a professional office building, which is in violation of the City Land Use Plan. Upon question by Mrs. Horenburger, Mr. Kruger advised that the County has said that since the property is in the City's service area they cannot provide water unless the City turns them down. Mr. Bird moved to deny water, 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. 9.a.4. Mr. Beril Kruger, 3116 Spanish Trail, stated that this area of Spanish Trail, north of Avenue L and east of Federal Highway has turned into a drag strip. Cars and motorcycles have been racing in the empty fields and on the streets on Friday and Saturday nights. A kid with a yellow Trans Am tried to run down some people walking in the street. 4 03-11-86 These drivers are doing 50 and 60 mph down a two lane residential street. He is afraid someone is going to get killed. His wife has almost been hit by a car walking the dog. There are skid marks all over from cars going around the corner of Iris Drive on two wheels. He has called the Police Department and nobody has ever come out. He has contacted the Traffic Lieutenant who never called him back. He is requesting that something be done. Mayor Campbell stated that thisis of concern to them and they will take it up with the Police Department. Mr. Weatherspoon stated that it is inexcusable that the Police Department does not respond and he advised Mr. Kruger to call him if it happens again. 9.a.5. Mr. Tom Haenlon, 613 N.E. 4th Street, referred to Items 16, 17, 18, 19 and 20 of the Consent Agenda which are relative to acquiring vehicles for the City. With regard to the City's tight budget, he feels some money could be saved by getting a Ford Tempo for the City Manager instead of a Pontiac Bonneville. Further, he cannot understand the necessity of a 1/2 ton pick-up truck for the Beach Patrol; if a pick-up truck is occasionally needed, it would seem to him that the Parks Department has a vehicle that could be used for those instances. If they got the Tempo for the City Manager and cut out the pick-up truck, they would save the City $14,000. 9.a.6. Mr. Tom McMurrian, Ocean Properties, stated that last night they went before the Planning & Zoning Board for final plat approval for Waterford. They received the Planning Department's recommendation for approval of the final plat subject to conditions. Item #1 was that the City Council waive the requirement to record the plat prior to receipt of a building permit and that recordation be accomplished prior to receipt of the first Certificate of Occupancy. It is his understanding that it takes Council approval to do this which is why he is before Council at this time. Mr. Bird moved for approval of the recommendation of Planning and Zoning with regard to the issuance of a building permit prior to plat approval subject to the plat being approved prior to the issuance of the CO, and subject to any conditions imposed by Planning and Zoning, 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. Before roll call the following discussion was had: upon question by Mayor Campbell, Mr. Cohn advised that this is not a boundary plat, it is a resubdivision and there are dedications and easements required. They recommended that plat recordation be waived prior to receipt of a building permit subject to a number of conditions. They have a list of conditions and were planning to schedule this for the next City Council meeting. At this point the roll was called to the motion. Mrs. Phyllis Plume, Planning & Zoning Board, stated that at last night's Planning & Zoning meeting the plat approval was acceptable but it was with the condition that Council waive the ordinance and the petitioner does not have to record his plat and can go ahead and pull ~ermits. She has a problem with Council waiving ordinances. Mr. Bird expressed concern over a Board making a recommendation to them and then a member of that Board coming before them and objecting to their approving the recommendation. 9.a.7. Mr. Milton Guberman, President of U.S. Israel Trade Corporation, stated their organization is non-profit and is anunpaid, voluntary project. He was asked recently by the Council General of Israel to help obtain sister cities in the U.S.A. The object of sister cities is to promote brotherhood and understanding to all Christian and Jewish citizens and to create love to all mankind. Perhaps, in the future, the youth and citizens will visit each and exchange viewpoints. There are no commitments and no money involved and there will be absolutely no expense to the City. He is requesting the twinning of the City of Delray Beach with the City of Nehariah, Israel, which is a resort 30 miles from Haifa on the Mediterranean Sea. 5 03-11-86 Mayor Campbell thanked Mr. Guberman and stated he will look into it with the City Manager and report back to Council. 9.a.8. Mrs. Elizabeth Matthews, Beach Advisory Committee, suggested that Council hold the purchase of the pick-up truck for Beach Patrol in abeyance pending review. They feel that a 1/2 ton truck is too much truck and too much money for that purpose. 9.b.1. Mr. Weatherspoon spoke in regard to complaints about noise on the beach. He would like to have staff look into the feasibility of closing down a section of the parking on the beach front on the north end and south end at a certain time of night. That might help to eliminate the noise problem. The City Attorney advised that they would probably have to notify DOT but he sees no reason why they cannot restrict the hours of parking at the beach. Mrs. Matthews suggested restricting parking from 11:00 P.M. through 5:00 A.M. Mr. Bird suggested the area from the south edge of Manor House northward. Mrs. Matthews added that most of the residential area at the south end should be included as well. Mr. Bird moved that the parking which exists north of the south line of Manor House on N. Atlantic Avenue and for the parking which is south of the diagonal parking on S. Atlantic Avenue be allowed between the hours of 5:00 A.M. and 11:00 P.M. and that staff be instructed to coordinate with DOT, 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 - No. Said motion passed with a 4 to 1 vote. Before roll call, Mayor Campbell stated that although he is supportive he cannot vote in favor tonight because he feels that the public deserves some advance notice. He would be more comfortable with putting it on an agenda and letting the public know before they vote. Mr. Weatherspoon stated that this motion basically authorizes staff to go forward and prepare the necessary documents. Mr. Bird added that they can amend it at a later date; all this does is authorize them to start now. At this point the roll was called to the motion. 9.b.2. Mr. Weatherspoon stated that the installation of the transmission lines on N.W. 2nd Street and the subsequent patching of the road has left that road unacceptable. He would like to ask staff to look into the possibility of adding this road to the next resurfacing project the City undertakes. Also, the possibility of extending this resurfacing project all the way on 2nd Street from 1-95 to Federal Highway. Mr. Bird added that the condition the road is in could be a potential liability. The City Manager stated that it will go on the agenda. 9.b.3. Mr. Jackel stated that they have been doing everything necessary to improve the downtown business area; however, it is all for naught unless the business community handles itself with honor. They must all join hands for the common good and have no more negativism. He commended the following people: the three Council candidates, Barbara Smith, Chamber of Commerce, the members of PROD, Joe Schwerdt, Sun Sentinel, and other reporters in the City and all the taxpayers of the City. Mrs. Horenburger left the Council Chambers at this time. 9.b.4. Mayor Campbell presented a proclamation proclaiming Saturday, April 12, 1986 as "Arbor Day" and urging all citizens, schools and organizations in the community to join them in realizing the value and need for trees and to plant a ceremonial tree. - 6 - 03-11-86 9.b.5. Mayor Campbell presented a proclamation in honor of the "Fifth Annual International Festival" of Palm Beach County being held under the auspices of Palm Beach Junior College's center for multicultural affairs urging participation from the City and any ethnic clubs in the City to get involved with the Festival. 9.b.6. Mayor Campbell reported that they have a request from the Chamber of Commerce to ratify the nomination of three people to the Human Relations Committee: Carol Cunningham, Joseph Martin and James Nowlin. Mr. Bird moved to ratify the Chamber of Commerce selections, 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. 9.c.1. The City Attorney advised that Council has been provided with a memorandum from his office. After review and interviews they have offered the position of Assistant City Attorney I to Jeffrey Kurtz currently of Claymont, Delaware, subject to City Council ratification and confirmation of the data and the medical examination. His starting date would be May 5, 1986 and the terms and conditions are as outlined in the memorandum with a starting salary of $30,000. Mr. Bird moved to ratify the City Attorney's selection, 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. 9.d.1. The City Manager stated that normally the items confiscated by the Police Department are sold at public auction; however, they had a number of jewelry items which they felt would be easier to sell in a lump sum after getting an appraisal. They have had two appraisals done; one for $800 and the other for $1100. The Police Department has requested they sell the jewelry to the high appraiser at $1100. Mr. Bird asked if they would be required to make a public offering. The City Attorney was unsure. Mr. Bird asked that the Police Department provide Council with some data on how these appraisals were obtained and asked that the City Attorney investigate the procedure. It was the consensus of Council to refer this item to the next Workshop Meeting. CONSENT AGENDA Mr. Weatherspoon requested that Item 18 be removed from the Consent Agenda and made the first item of the regular agenda. The following items are to be considered by Council as the Consent Agenda: 10. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of January 16, 1986. Council is to consider ratification of SCRWTD Board action relative to increase in wholesale user rate. This was approved by the SCRWTD Board 7-0. 11. Request for Solicitation of Funds - Delray Beach National Little League. A request has been received for solicitation of funds on April 12, 1986. Approval is recommended. 12. Printer for Utility Billing Division. Council is to consider a 3-year lease/purchase of Decision Data printer for Utility Billing Division in the amount of $12,888, with funds to come from the 1985/86 budget. Approval is recommended. 13. E911 Telephone Equipment for New Police Facility. Council is 'to consider award of contract to Southern Bell, sole source, for the 911 Public Safety Answering Position Equipment in the amount of $26,974, with funds to come from the Public Safety Facility Bond Issue. Approval is recommended. - 7 - 03-11-86 14. Grantinq of Deed - Florida Power & Light. Council is to consider granting a 10-foot easement deed to Florida Power & Light for electric facilities at Transfer Station site. 15. Request for Exclusion from Palm Beach County Free Public Library Taxing District. Resolution No. 14-86, requesting that certain municipalities be excluded from the Palm Beach County free public library tax district, is before Council for consideration. The caption of Resolution No. 14-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT CERTAIN MUNICIPALITIES BE EXCLUDED FROM THE PALM BEACH COUNTY FREE PUBLIC LIBRARY TAXING DISTRICT AS INITIALLY ESTABLISHED IN CHAPTER 67-1869 LAWS OF FLORIDA, LATER AMENDED IN CHAPTER 76-460 LAWS OF FLORIDA AND AS PROPOSED IN A BILL AMENDING SECTION 11 OF CHAPTER 67-1869 LAWS OF FLORIDA; PROVIDING FOR THE FURNISHING OF COPIES OF THIS RESOLUTION. (Copy of Resolution No. 14-86 is on file in the official Resolution Book) 16. Automobile - City Manager. Council is to consider award of a contract to the low bidder, Sherwood Pontiac, in the amount of $11,185.19 for a Pontiac Bonneville, with funds to come from the 1985/86 budget. Approval is recommended. 17. Automobile - Enqineering Division. Council is to consider award of a contract to the low bidder, Powell Motors, for a Ford Tempo in the amount of $7,496.65, with funds to come from the 1985/86 budget. Approval is recommended. 19. Automobile - Community Development Division. Council is to consider award of a contract to the low bidder, Powell Motors, for a Ford Tempo in the amount of $7,496.65, with funds to come from the administrative 1985/86 budget of the Community Development Grant Program. Approval is recommended. 20. Automobiles - Department of Development and Inspection. Council is to consider award of a contract to the low bidder, Powell Motors, for two Ford Tempos in the amount of $14,993.30, with funds to come from the 1985/86 budget. Approval is recommended. 21. Requisition No. 5 - S.G. Phillips Constructors, Inc., of Florida. Council is to consider authorizing payment of Requisition No. 5 in the amount of $515,034.09 for Regional Wastewater Treatment Plant Expansion, Part A. Approval is recommended. Mr. Weatherspoon moved for adoption of the Consent Agenda with the exception of Item 18 which is to be moved to the first item of the Regular Agenda, 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. Mrs. Horenburger returned to the Council Chambers at this time. REGULAR AGENDA 18. Pick-up Truck - Beach Patrol. Council is to consider award of a contract to the low bidder, Ed Moore for a 1/2-ton mid-size 4x4 pick-up truck in the amount of $10,409.06 with funds to come from the 1985/86 budget. Approval is recommended. Mr. Weatherspoon questioned the need for such a large vehicle at the beach. The City Manager advised that the vehicle was included in this year's budget. The main reason for it was the number of times they were needing to use an older vehicle from the Parks & Recreation Department. 8 03-11-86 Mr. Joe Weldon, Parks & Recreation Director, advised that the beach is a year-round operation which attracts thousands of visitors. The truck would be used in daily operation, in minor maintenance, procurement of supplies and also patrolling of the beach on a daily basis. Mr. Weatherspoon felt the three-wheelers presently used are adequate for patrolling the beach and he questions the need for a 4-wheel drive. Mr. Weldon explained that they need the ability to take the truck on the sand should something need to be picked up. Mayor Campbell questioned the need for a 1/2 ton truck and suggested a smaller type truck. Mr. Weldon stated that a smaller truck would probably suffice just as well. Mr. Jackel suggested postponing this discussion until budget session this summer. Mrs. Horenburger suggested asking staff to come back with a report on why they need this size truck and on the possibility of reducing the cost by getting a smaller truck. Mr. Bird moved that this item be referred to staff to come back to Council at staff's option, 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. 22. Conditional Use Extension Request - McChristian Office Building. Council is to consider a request for a one year extension to March 12, 1987 of the conditional use approval 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. The Planning & Zoning Board (4 to 2 vote) and Planning Director recommend approval, subject to the following conditions: 1. That an additional five (5) foot right-of-way be dedicated for Swinton Avenue per the County Thoroughfare Plan. The right-of-way deed should be accepted by the City Council prior to the issuance of any building permit. 2. That the south driveway should be enlarged to twelve (12) feet between the street and the front line of the existing building. 3. That main sign advertising the business be approved by the Building Department and the Community Appearance Board. 4. That all improvements be completed in accordance with the approved site plans. 5. That the only conditional use to be approved hereunder is as follows: Professional offices, in accordance with Section 30-17 (C) (12). 6. That the time limitation of this approval pursuant to Section 30-21(E) of the Zoning Code be one year. Mr. Bird recalled that at the time they created the RO District they planned to reevaluate the community and do away with this blanket approval that under conditional use in an RM-10 professional offices could be allowed. He questions if this action is in conformity with that. Mayor Campbell stated that routinely they do extend approvals at least one time. Mr. Bird added that it was also policy that they were not going to approve things which they knew to no longer be in affect; i.e., they were going to require any automatic site plan extension to meet current code. Mayor Campbell questioned if they should single this one out since they have routinely granted extensions in the past. Mr. Cohn stated that at Planning & Zoning they discussed the future zoning of the area and it was the consensus to extend the RO on the north side of 4th Street from Swinton to 2nd Avenue. Until they do a more comprehensive review of the area, they are not prepared to make the recommendation at this time. They reviewed this application in accordance with the current regulations under the RM-10 and it is still in conformance. RO is a good possibility for the future but they are not positive at this point in time. Upon question by Mr. Bird, Mr. Cohn advised that if they extend RO north of 4th it would only go as far as this property. Discussion was had regarding this boundary. 9 03-11-86 Mr. Cohn explained that their long range plan was to take professional offices out of the RM-10 District entirely; then to evalu- ate the RM-10 areas that have professional offices in them as possible candidates for an RO. They are not prepared to make a recommendation as to where the RO District should go north of 4th; they have only evalu- ated it up to 4th which area is included in their first RO rezoning petition. Mr. Weatherspoon moved to grant the conditional use extension for McChristian Office Building as submitted with the conditions as specified, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Upon question by Mrs. Horenburger, Mrs. Ann McChristian, petitioner, stated that there are two houses just north of this property. She feels it is reasonable to draw the line down the middle of the block. At this point the roll was called to the motion. 23. Conditional Use Approval - First and First Plaza. Council is to consider 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. Approval is recommended subject to the conditions in the Planning Departments memorandum of February 20th: 1. That the conditional uses for a church and Masonic lodge are subject to the Site Plan dated 11/20/85. The Site Plan dated 12/10/85 is specifically rejected. 2. That the existing dumpster be placed on a concrete pad with a hose bib and drainage sump, and that this dumpster be enclosed by a six (6) foot masonry wall with vision-obscuring gates in front and landscaped. 3. That prior to the issuance of any occupational license, final Community Appearance Board approval be obtained. 4. That all improvements shall be made in accordance with the approved site plan prior to receipt of any occupational license for such uses. 5. That the church and lodge shall apply for occupational licenses within ninety (90) days of this approval or such approval shall expire. Mr. Weatherspoon moved for conditional use approval for First and First Plaza subject to the conditions as stipulated in the memorandum of February 20, 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. 24. Conditional Use Approval Extension - The Harbour's Edge. Council is to consider a request for an 18 month extension of the time period for the conditional use approval to November 27, 1987 for The Harbour's Edge, a 276-unit Life Care facility, located at the northwest corner of Linton Boulevard and the Intracoastal Waterway. The Planning & Zoning Board and Planning Director recommend approval, subject to the following conditions: 1. Conditions 1-4 of the previous approval. 2. That this approval will expire within 18 months unless at least 25% of the total cost of improvements are made by that time. Mr. Weatherspoon questioned the need for 18 months. Mr. Roy Flack, representing the developer, explained that The Harbour's Edge is a large and complex project. It is a life care com- munity which is regulated by the State Insurance Department. They have been delayed substantially in the past primarily based on a change in the Federal Income Tax laws which required them to refund the deposits for over 50% of the units that were sold and to start all over again. 10 03-11-86 They have successfully done that and have now received all the necessary permits and presales and have started construction. It includes a health care center, a large dining facility and apartments. They feel that 18 months are needed to complete this due to the long and complex nature of it. They have already started and they expect the first people to be moving in 13 months from now. Mr. Bird moved for approval of the conditional use 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. 25. Site Plan Approval - Delra¥ Park of Commerce (Tracts H & J). Council is to consider a request for site plan approval for Tracts H and J, a 4.6-acre parcel within Delray Park of Commerce, to allow an 18,532-square foot office/service and 31,593-square foot research and development complex, located at the northeast corner of Lake Ida Road and Congress Avenue. The Planning & Zoning Board and Planning Director recommend approval subject to Council waiving the requirement of the Unity of Title and subject to the following conditions: 1. That the final plat be recorded prior to the issuance of any Certificate of Occupancy. This will necessitate an ordinance change to the condition of the rezoning approval. 2. That the final plat be amended prior to its recordation as follows: (1) Eliminate the cul-de-sac abutting Tracts H and J. (2) Eliminate the drainage easement located between Tracts H and J. (3) Incorporate the new tract boundaries for Tracts H and J. (4) Correlate revisions made to the location and design of tracts designated for storm water retention/detention. (5) Indicate the new boundary of the FP&L easement. 3. That the paving plans be revised as follows: (1) Show the entrance road fronting both Phase 1 and Phase 11, indicating the location of all curb cuts. (2) To show that all the roadways (2-way) will have a minimum of 24 feet pavement width. 4. That the site drainage conform with the Master Plan and that signed and sealed drainage and paving plans be included in order to demonstrate conformity with the Master Plan. 5. Indicate the existing sewer force mains within the FP&L easements. 6. That a water distribution layout show five hydrants, with a maximum of five hundred (500) foot spacing along access road. 7. That the building elevation plans be revised to indicate the building materials to be used. 8. Revise the landscape plan as follows: (1) Relocate trees two (2) feet closer toward the twenty-five (25) foot wide greenbelt so that they are not planted within the hedge row. (2) Provide a berm along the front of property to screen the vehicular use area. The minimum height of this landscape buffer is two (2) feet. This berm should be in addition to the massings of shrubs presently shown. 9. That all improvements be completed in accordance with the approved site plan. 10. This approval will expire within eighteen (18) months unless at least twenty-five (25%) of the total cost of improvements are made by that time. If the approval expires, request for extension must be made in accordance with Section 30-22(E) of the Zoning Code. 11 03-11-86 Mr. Bird moved for site plan 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. 26. Site Plan Approval - Diomin Property Office Buildinq. Council is to consider a request for site plan approval for the Diomin Property Office Building, a 87,140-square foot office development in a four-story structure, located on the south side of S.E. 10th Street, between S.E. 5th Avenue and S.E. 6th Avenue. The Planning & Zoning Board and Planning Director recommend approval subject to conditions (2) through (8) of the March 7, 1986 memorandum as follows and subject to the determination by Council that compact parking for this site meets the intent of the new parking code: 2. Parking tiers designated for compact car spaces should be identified by signs in accordance with Sec. 30-18(C) (3) (e). 3. An attempt should be made to better integrate compact car parking throughout the parking facility in a manner so that compact and standard size cars have equal access to the most desirable parking areas {Sec. 30-18(B) (4) (d)}. It appears that the design favors compact parking, although the site configuration is such that redesign may be difficult. 4. That platting is required (Engineering Division's memorandum of March 15, 1985). 5. The Public Utilities Department requests a relocation of the proposed layout for the watermain to a southerly location (Director of Public Utilities memorandum of April 10, 1985). 6. Provide accessible location for fire hydrant on site within 250 feet of the building, and a drive-around clearance height of 13 feet minimum (Fire Marshal's memorandum of April 9, 1985). 7. That all improvements be completed in accordance with the approved site plans, except as modified by the conditions outlined above. 8. That the time limitation of this approval be eighteen (18) months pursuant to Sec. 30-22(E) of the Zoning Code. Mayor Campbell declared a recess, the time being 8:35 P.M. The meeting reconvened at 8:40 P.M. Mr. Bird moved that this request be remanded to the Community Appearance Board for their input and returned to Council and placed on the next week's agenda, be it a regular meeting or special meeting agenda preceding workshop, and that next week's workshop should include the subject of compact car spaces, 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. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Horenburger took the chair. 27. Telephone Equipment - New Police Facility. Council is to consider award of a contract to AT&T Information Systems, Inc., for telephone System 75 Model 3B and accessories (purchase, shipping, installation and annual maintenance) in the amount of $129,641.59, with funds to come from the Public Safety Facility Project. Approval is recommended. Mr. Bird moved for award of the contract, 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. 28. Ordinance No. 14-86 - Amending Zoning Code - Foster Homes and Group Homes. Ordinance No. 14-86, amending Chapter 30 "Zoning" of the Code of Ordinances to permit foster homes and group homes within certain zoning districts, is before Council for consideration on First Reading. If passed, Public Hearing will be held on March 25th. The City Manager presented Ordinance No. 14-86: 12 03-11-86 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 30-8.8 "FOSTER HOMES AND GROUP HOMES", AND PROVIDING (A) "PURPOSE"; (B) "APPLICABILITY"; (C) "DEFINITIONS"; (D) "LOCATION"; (E) "LICENSING REQUIREMENTS"; (F) "PARKING REGULATIONS"; (G) "MINIMUM FLOOR AREA"; (H) "SPECIAL REGULATIONS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance and noted a typographical error in the caption. It should read "30-8.8 rather than 3-8.8". Mr. Bird moved for the adoption of Ordinance No. 14-86 on First Reading including the correction, seconded by Mr. Jackel. Upon question by Mr. Weatherspoon, the City Attorney advised that this is totally inapplicable to most of the Commercial Districts, all of the Industrial Districts and the lower density single family R-lA, R-1AA, R-1AAA, etc. Mrs. Horenburger requested that "abused spouses"be included in the definition of permitted resident. Mr. Bird amended his motion to adopt Ordinance No. 14-86 on First Reading to add "or abused spouses" to the definition of permitted resident, seconded by Mr. Jackel. 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. Mayor Campbell returned to the Council Chambers at this time. 29. Ordinance No. 15-86 - Amending Code - Unsafe Buildings. Ordinance No. 15-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to elimination or repair of unsafe buildings is before Council for consideration on First Reading. If passed Public Hearing will be held on March 25th. The City Manager presented Ordinance No. 15-86: 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 AMENDING ARTICLE XIII, "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS", SECTION 9-468, "PROCEDURES IN DECLARATION OF UNSAFE BUILDING; NOTICE REQUIRED; CONTENTS; SERVICE", SUBSECTION (A), TO CORRECT A MISPLACEMENT OF A PHRASE; AND SECTION 9-480, "STAYING OF NOTICE UNDER APPEAL", TO CORRECT AN IMPROPER CITATION AND TO CHANGE "VACATION ORDER" TO "ORDER TO VACATE"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 15-86 on First Reading, 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. 30. Ordinance No. 16-86 - Amending Code - Door Widths. Ordinance No. 16-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to require that bath and toilet room doors shall also have a minimum of 29 inches clear opening, is before Council for consideration on First Reading. If passed, Public Hearing will be held on March 25th. The City Manager presented Ordinance No. 16-86: 13 03-11-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", ARTICLE II, "BUILDING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-21, "DOOR WIDTHS", TO REQUIRE THAT BATH AND TOILET ROOM DOORS SHALL ALSO HAVE A MINIMUM OF 29 INCHES CLEAR OPENING; PROVIDING A GENERAL REPEALER; 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. 16-86 on First Reading, 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 Mayor Campbell, the City Attorney explained that, essentially, this now matches the State Law definition on the subject. Personally, he feels it is repetitious. At this point the roll was called to the motion. 31. Ordinance No. 17-86 - Amending Code - Changing the Square Feet of Flat Wall Signs. Ordinance No. 17-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to change the square feet of flat wall signs from 10 to 20 feet, is before Council for consideration on First Reading. If passed, Public Hearing will be held on March 25th. The City Manager presented Ordinance No. 17-86: 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 AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-200, "PERMITS REQUIRED; EXCEPTIONS", SUB-SECTION (b) (2) (e), TO CHANGE THE SQUARE FEET OF FLAT WALL SIGNS FROM 10 TO 20 FEET; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Campbell questioned where this ordinance originated. The City Attorney stated it is his understanding that Joyce Desormeau, Building Department, brought this from the CAB. Mrs. Alice Finst, CAB member, stated that the initial recommendation was to increase it to 20 square feet; however, when the ordinance was passed it went through at 10 feet. So, this is a housekeeping matter. Mr. Bird moved for the adoption of Ordinance No. 17-86 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. Mr. Jackel and Mr. Bird left the Council Chambers at this time. 32. Ordinance No. 18-86 - Amending Code - Upgrade the Quality of Landscaping. Ordinance No. 18-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to upgrade the quality of landscaping for all projects built under City permits, is before Council for consideration on First Reading. If passed, Public Hearing will be held on March 25th. The City Manager presented Ordinance No. 18-86: 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 AMENDING ARTICLE X, "LAND- SCAPING'', BY REPEALING SECTION 9-377 AND ENACTING A NEW SECTION 9-377 WHICH REQUIRES THE UPGRADING OF LANDSCAPING ATTENDANT TO ANY PORTION OF A STRUCTURE OR SITE FOR WHICH 14 03-11-86 COMMUNITY APPEARANCE BOARD APPROVAL IS REQUIRED; PROVID- ING FOR THE UPGRADING OF LANDSCAPING ATTENDANT TO THE ENTIRE STRUCTURE OR SITE WHERE THE ALTERATION OR IMPROVE- MENT IS EQUAL IN VALUE TO 30% OR MORE OF THE ASSESSED VALUE OF THE STRUCTURE OR SITE; PERMITTING A WAIVER OF THAT UPGRADING WHERE THE BOARD FINDS IT TO BE IMPRACTICAL OR AN UNDUE HARDSHIP; AMENDING SECTION 9-378(b), "MAIN- TENANCE'', PROVIDING MAINTENANCE REQUIREMENTS FOR LAND- SCAPING FOR CERTAIN YARD AREAS, OFF-STREET PARKING AND OTHER VEHICULAR USE AREAS BY REQUIRING THAT LANDSCAPE BE MAINTAINED IN A MANNER AT LEAST EQUAL TO THE APPEARANCE OF THE LANDSCAPING AT THE TIME THE ORIGINAL INSTALLATION WAS REQUIRED; PROVIDING GUIDELINES IN THE PRUNING OF TREES TO PRESERVE THE CANOPY; AMENDING SECTION 9-378, SUBSECTION (C), SUBSECTION (2), "TREES", BY CHANGING THE MINIMUM HEIGHT REQUIREMENTS OF TREES AT THE TIME OF PLANTING FROM EIGHT (8) FEET TO TWELVE (12) FEET AND BY REQUIRING THAT SUCH TREES HAVE A MINIMUM OF SIX FEET OF CLEAR TRUNK AND A SIX FOOT CANOPY EXCEPT THAT COCONUT PALMS NEED ONLY HAVE A CLEAR TRUNK OF TWO FEET; AMENDING SECTION 9-378(C) (6), "LAWN GRASS", BY REQUIRING THAT LAWN GRASS BE SODDED, BUT THAT IF AN ALTERNATE METHOD IS DESIRED THE SPECIFICATIONS MUST BE SUBMITTED TO AND APPROVED BY THE CITY HORTICULTURIST AND REQUIRING THAT COVERAGE MUST BE ACHIEVED WITHIN NINETY (90) DAYS AND NURSE GRASS MUST BE SOWN FOR IMMEDIATE EFFECT; REPEALING SECTION 9-378, SUBSECTION (D), "REQUIRED LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-WAY", AND ENACTING A NEW SECTION 9-378, SUBSECTION (D), "REQUIRED LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-WAY", INCREASING THE DEPTH OF THE LANDSCAPE STRIP REQUIRED ADJACENT TO THE RIGHT- OF-WAY FROM FIVE (5) TO TEN (10) FEET AND PROVIDING SPECIFICATIONS FOR THE REQUIRED LANDSCAPING AND REQUIRING THAT A HEDGE WALL OR LANDSCAPE BARRIER ON THE INTERIOR PERIMETER OF THE REQUIRED FIVE (5) FOOT LANDSCAPE STRIP BE A MINIMUM OF THREE (3) FEET ABOVE THE FINISHED GRADE OF THE ADJACENT VEHICULAR USE AREA AT THE TIME OF INSTAL- LATION; REQUIRING LANDSCAPE MAINTENANCE AND IRRIGATION OF THE UNIMPROVED PORTION OF THE ADJACENT RIGHT-OF-WAY; REPEALING SECTION 9-378(E), "PERIMETER LANDSCAPING RELATING TO ABUTTING PROPERTIES", AND ENACTING A NEW 9-378(E), "PERIMETER LANDSCAPING RELATING TO ABUTTING PROPERTIES", WHICH CHANGES THE REQUIREMENTS REGARDING THE PLANTING OF TREES ALONG COMMON PROPERTY LINES FROM ONE (1) TREE FOR EVERY SIXTY (60) FEET TO ONE (1) TREE FOR EVERY FORTY (40) FEET AND PROVIDES CRITERIA FOR THE REMAINDER OF THE REQUIRED LANDSCAPING AND REQUIRING ONE (1) TREE EVERY TWENTY-FIVE (25) FEET PLANTED ALONG THE PERIMETER WHERE ANY COMMERCIAL OR INDUSTRIAL AREAS ABUT RESIDENTIAL PROPERTY; REPEALING SECTION 9-378(F), "PARK- ING AREA INTERIOR LANDSCAPING", AND ENACTING SECTION 9-378(F) WHICH AMENDS THE TITLE TO READ, "INTERIOR LANDSCAPE REQUIREMENTS FOR PARKING AREAS AND OTHER VEHICULAR USE AREAS"; CHANGING THE INTERIOR LANDSCAPE REQUIREMENTS FROM 7% TO 10% OF THE INTERIOR SPACE; ALTERING THE SPECIFICATIONS FOR INTERIOR LANDSCAPE AREAS BY INCREASING THE REQUIRED SQUARE FOOTAGE FOR EACH AREA FROM 50 SQUARE FEET TO 75 SQUARE FEET WITH NO DIMENSION LESS THAN FIVE (5) FEET; CHANGING THE INTERVAL AT WHICH EACH SUCH LANDSCAPE AREA IS REQUIRED FROM EVERY TWELVE (12) PARKING SPACES TO EVERY TEN (10) PARKING SPACES; REQUIRING ALL GAS STATIONS, VEHICLE OR EQUIPMENT PARKING, OR STORAGE AREAS OTHER THAN CERTAIN AUTO DEALERSHIPS TO COMPLY WITH THE REQUIREMENTS OF SECTION 9-378(F) (1) ; PROVIDING ALTERNATE LANDSCAPE REQUIREMENTS FOR CERTAIN AUTO DEALERSHIPS PERMITTED TO UTILIZE THE CONCEPT OF BULLPEN PARKING; AMENDING SECTION 9-378(g) (1), "SIGHT DISTANCE FOR LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-WAY AND POINTS OF ACCESS", BY CHANGING CLEAR SIGHT TRIANGLE FROM TEN (10) TO TWENTY (20) FEET; DELETING SUBSECTION 5 RELATING TO CERTAIN PLANTING REQUIREMENTS FOR PALMS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 15 03-11-86 The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 18-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed by a 3 to 0 vote. Mr. Jackel returned to the Council Chambers at this time. 33. Letter of Agreement - Linton Plaza Joint Venture. Council is to consider an agreement between the City and Linton Plaza Joint Venture for issuance of a temporary certificate of occupancy for the Linton International Plaza. Approval is recommended. The City Attorney advised that Council has a revised agreement which permits the developers to not have to complete their landscaping now but binds them to complete it 180 days afterward. This will allow time for the Linton Boulevard modifications to be completed before the landscaping is done. Mr. Weatherspoon moved for approval of the agreement between Linton Plaza Joint Venture and the City of Delray Beach, seconded by Mr. Jackel. 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. Mr. Bird returned to the Council Chambers at this time. 34. Decision on Office Space. The City Manager reported that the City Attorney has been making calls and will be getting some additional information to Council. Mayor Campbell stated as he recalls the con- sensus last week was that they want some office space for Council Members in City Hall; however, there was no actual direction that they relocate the City Attorney. He believes they should leave that up to the Administration. Mrs. Horenburger suggested that a review of space needs and space use in City Hall be undertaken before they entertain any moves. She has often noted that the 1st floor conference room is used for meetings and she would suggest those meetings be held in the Council Chambers with a table put in place for plans to be laid out. Temporarily, they could use the conference room to solve some needs. It was the consensus of Council to put this item on next week's Workshop agenda for further discussion. Mayor Campbell requested that everyone be prepared to try and make a decision at that time. 35. Ordinance No. 19-86 - DRI. Ordinance No. 19-86, amending Chapter 30 "Zoning", of the Code of Ordinances by adding a new Section 30-23.5 "Binding letters; procedures regarding developments of regional impact", is before Council for consideration on First Reading. If passed, Public Hearing will be held on March 25th. The City Manager presented Ordinance No. 19-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO SECTION 380.06 OF THE FLORIDA STATUTES, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SECTION 30-23.5 "BINDING LETTERS; PROCEDURE REGARDING DEVELOPMENTS OF REGIONAL IMPACT", TO REQUIRE THAT IN CERTAIN INSTANCES DEVELOPERS SUBMIT REQUESTS FOR BINDING LETTERS OF INTERPRETATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND AS TO PROJECTS THAT ARE DETERMINED TO BE DEVELOPMENTS OF REGIONAL IMPACT TO PROHIBIT ANY FINAL ACTION BY THE CITY OF DELRAY BEACH RELATING TO COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, OR THE ISSUANCE OF OTHER LAND DEVELOPMENT PERMITS IN REGARD TO SUCH PROJECT UNTIL THE CITY OF DELRAY BEACH IS PREPARED TO CONCURRENTLY TAKE FINAL ACTION ON THE DEVELOPMENT ORDER PERTAINING TO THE PROJECT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 16 03-11-86 The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 19-86 on First Reading, 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. Before roll call, the City Attorney advised that this now has the provisions which were requested by Council to require simultaneous notice to the City when such a request is made to the District Court of Appeals. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 9:05 P.M. 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 March 11, 1986, which 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. 17 03-11-86