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03-25-86 MARCH 25, 1986 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Marie Horenburger in the Council Chambers at City Hall at 7:03 P.M., Tuesday, March 25, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Arthur Jackel Council Member Jimmy Weatherspoon Vice-Mayor Marie Horenburger Absent - Mayor Doak S. Campbell Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Sebastian Campbell, St. Matthews Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Vice-Mayor Horenburger advised she has received a note from the City Manager requesting that Item 19 be removed from the agenda. The City Attorney advised there has also been a correction made to Item 11 and Council has been furnished copies of the correct language. Mr. Bird moved to approve the agenda with Item 19 to be removed from the agenda and the corrected language to Item 11, 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. PUBLIC HEARING 5. 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 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. 14-86: 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 RE- QUIREMENTS''; (F) "PARKING REGULATIONS"; (G) "MINIMUM FLOOR AREA"; (H) "SPECIAL REGULATIONS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 14-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Robert Lawrence, 247 N.E. 1st Avenue, stated he supports the concept of foster and group homes and feels that the Planning and Zoning Board and Planning staff have done an excellent job of regulating these homes. One of the special regulations is that there has to be a distance of 2500 feet from one home to the other. He understands there are several other ordinances of this type being considered by the Planning and Zoning Board and would suggest that they be coordinated so that it is not possible for four or five different types of homes to be located in one neighborhood. Mrs. Joyce Laird, Director of the Association for Retarded Citizens in Palm Beach County, urged that Council pass this ordinance as mentally retarded people are going to be directly affected. She feels that people who are mentally retarded can be productive and vital members of a community if given a place to live. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 14-86 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. Before roll call the following discussion was had: Mr. Weatherspoon stated they received a memorandum from the Planning Director which stated there may be a potential problem with the verbiage which Council inserted to include abused spouses. The City Attorney advised he reads the ordinance to say, and feels the Legislative intent is, that if a license is required by HRS for that facility then they must have one in order to open and become the use permitted under this zoning code amendment. Mr. Bird stated, for the record, that that is his legislative intent. At this point the roll was called to the motion. 6. 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 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. 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, "ELIMI- NATION 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. (Copy of Ordinance No. 15-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 15-86 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. -2- 3/25/86 7. 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 considera- tion 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. 16-86: 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. (Copy of Ordinance No. 16-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 16-86 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. 17-86 - Amending Code - Changing the Square Feet of. Flat Wal. 1 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 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. 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. (Copy of Ordinance No. 17-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 17-86 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. 9. 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 Second and FINAL Reading. Prior to consideration -3- 3/25/86 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. 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 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 -4- 3/25/86 (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. (Copy of Ordinance No. 18-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 18-86 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. 10. Ordinance No. 19-86 - Amending Zoning Code - Binding Letters. Ordinance No. 19-86, amending Chapter 30 "Zoning" of the Code of Ordi- nances by adding a new Section 30-23.5 "Binding Letters; Procedures regarding developments of regional impact", 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. 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. (Copy of Ordinance No. 19-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 19-86 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. 11. Exchange of Real Property between the City and Ocean Proper- ties, Inc. Resolution No. 15-86, relative to exchange of a parcel owned by the City and a parcel owned by Ocean Properties, Ltd., located west -5- 3/25/86 of A1A, north of Atlantic Avenue and east of Andrews Avenue, is before Council for consideration. Prior to consideration of passage of this resolution a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 15-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING PURSUANT TO THE CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, AND SECTION 2-7(b) OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, THE EXCHANGE OF REAL PROPERTY OWNED BY THE CITY OF DELRAY BEACH LOCATED IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 15-86 is on file in the official Resolution Book) 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. Upon question by Vice-Mayor Horenburger, the City Attorney gave the exact location of the two parcels being exchanged. He advised that for the exchange to be effective Ocean Properties is required to build the City a new parking lot on the new parcel before they take possession of the old one and have to pay all of the expenses involved in this transaction. Mrs. Elizabeth Matthews, Beach Advisory Committee, stated the Committee hopes, in addition to the improvements mentioned, that beach parking gates similar to those being installed at the other parking lots will be included on both ends of the property. The public hearing was closed. Mr. Bird moved for the adoption of Resolution No. 15-86, with the addition of a requirement for gates similar to those being required for Sandoway and Anchor Parks to be installed both on the A1A and Andrews Avenue sides, 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. PROCEDURAL ITEMS 12. Mr. Bird moved for approval of the minutes of the Regular Meeting of March 11, 1986, and the Special Meetings of March 4, 1986 and March 13, 1986, 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. 13.a.1. Mr. Sam Schwimer, 1061 Orange Terrace, advised that on March 20th the Atlantic Democratic Club voted to support the Delray Beach Enclave Act. They will be sending a letter to the appropriate persons advising them of this action and urging support of the bill. 13.a.2. Mr. R.J. Pello, 14689 Elmhurst Drive, stated that in April 1984 the Highland Trailer Park received approval from Council for the concept of connecting into the City's water system. They signed 127 water service agreements agreeing to annex into the City at such time as they became contiguous. Last year they also supported the referendum in what was called Section 3 and voted to become part of the City. Now, due to legal problems, they may not be annexed. They are requesting that Council allow the Park to pay in-City rates for the connection fees and other monthly water fees. Vice-Mayor Horenburger requested that they place this item on next week's workshop agenda. 13.ao3. Dr. Paul Friedman, 2444 N.W. 8th Street, stated that there is a large medical complex on the southeast corner of Lake Ida Road and Davis 6 3/25/86 Road. Recently, a convenience store opened up in one of the medical offices and have placed a large sign over the store; there are no other signs of this nature on Lake Ida Road. He requested that Council and staff take a look at the sign to see if there is anything they can do about toning down this type of advertising. 13.a.4. Mrs. Alice Finst, 707 Place Tavant, stated she is here to speak about a memorandum from the City Manager to Council regarding a "wish list" letter which will be sent to Herb Koehler for proposed capital improvement projects. One of the items is the widening of Lake Ida Road from Swinton Avenue to Military Trail. Many citizens of Delray Beach were opposed to this and made their feelings known on this matter; after a Council meeting where a motion to widen the road failed they thought the issue was put to rest.· She questioned why this matter is appearing on the capital improvement list. Mrs. Finst also asked about the bike path along Lake Ida Road. Vice-Mayor Horenburger advised the list shows roads which are currently having problems and might be considered; this is simply staff analysis based on capacity, use and level of service. No one has actually proposed the widening of Lake Ida Road at this point and Council has not addressed the issue at all. The City Manager stated they had to make some kind of response to the County and this was put on the list as a suggestion for study and alternatives. With regard to the bike path, Council is going to be requested to pay $40,000 instead of $25,000. Vice-Mayor Horenburger stated it is her understanding that the developer of the property on the northeast corner of Lake Ida Road and Congress Avenue is considering installing a bike path which will reduce the cost of continuing it under 1-95. Mr. Bird stated there are only a few ways of getting under 1-95; Lake Ida Road, Congress Avenue, 10th Avenue and Linton Boulevard. He feels that the pressure from the northwest section may well require a four-laning of Lake Ida Road. Mr. Jackel stated he feels that Mrs. Finst's concern is that Council is encouraging the County to go ahead with the widening of Lake Ida Road by having it on the list. He also feels that it would be appropriate, at this time, to ask the County to adjudge this road once more; the level of service will probably be better due to the improve- ments made at that intersection and he feels there is no traffic problem on Lake Ida Road between Congress and Military Trail. 13.a.5. Mr. Perry DonFrancisco, representing Salina Realty, questioned why the subject of the exchange of property with the City and Salina Realty has not been brought up. The City Attorney advised that the exchange has not been advertised yet. Mr. DonFrancisco stated that since this was first discussed there has been a change in the proposal and he has some additional information for Council. Mr. Bird suggested that they place this item on next week's workshop agenda and they can discuss the changes at that time. 13.a.6. Mr. Tom Haenlon, 613 N.E. 4th Street, read a prepared statement with regard to the City's election and the comments which were made afterwards by the losing opponents. 13.b.1. Vice-Mayor Horenburger advised that the Board of Adjustment is in need of two members and Mr. Steve Rubin and Mr. Todd Jackson have expressed an interest in being reappointed. Mr. Bird moved to reappoint Mr. Steve Rubin and Mr. Todd Jackson, 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. -7- 3/25/86 13.b.2. Mr. Weatherspoon stated he has received several complaints with regard to dirt bikes. He questioned what the City's policy is with regard to these bikes. Chief Kilgore stated they do respond to complaints made by citizens; if it warrants a citation, one would be issued. They have been very successful in getting some of the parents to cooperate with the Police Department in restricting the use of the bikes. However, they cannot impound the bike unless it is not properly licensed or by some other means which gives them the authority to do so. He stated he would be glad to discuss this with Mr. Weatherspoon and give him some further information. 13.b.3. Mr. Weatherspoon questioned the status of the roof at the golf course. The City Manager stated he has had staff do an analysis of the entire facility. He has received a report that to patch the roof would cost approximately $1807; however, it also looks like it is imperative for them to put in a new air conditioning system which would bring the cost to approximately $50,000. He has asked staff for a complete analysis of four alternatives and Council will be receiving the results of that at either this workshop or the next. 13.b.4. Mr. Weatherspoon stated there was a street light out on the corner of N.W. llth Avenue and N.W. 1st Street. He reported this through the normal channels and it took Florida Power and Light about a week to come out and fix it. However, the light worked for one night and now it is out again. The City Manager stated he will contact FP&L. 13.b.5. Mr. Weatherspoon stated a few weeks ago Council authorized the expenditure of some funds to board up a house on S.W. 5th Avenue. To his knowledge the structure has not yet been boarded and he questioned what the delay is. The City Manager stated he will have to get back to Council with an answer. 13.b.6. Vice-Mayor Horenburger read a proclamation proclaiming the month of April as "Seat Belt Safety Month". Dr. Mitchell Greenberg came forward to accept the proclamation and requested that Council assist him in making the public aware of this as the proclamation will have no affect on people if they are not made aware of it. Mr. Bird suggested that they forward a copy of the proclamation to the Municipal League who are meeting tomorrow. 13.b.7. Vice-Mayor Horenburger stated that she has a concern with Lift Station 80 and the continual odor problems. She requested that the Public Utilities Director contact the citizens in that area and meet with them, the City Manager and the City's consultants to discuss this problem and the possible solutions. 13.c.1. The City Attorney advised Council has been furnished a copy of the new Sign Code revisions for their review. They will be discussing this item at next week's workshop meeting. 13.d. There were no Non-Agenda items by the City Manager. CONSENT AGENDA Mr. Weatherspoon requested that items 21 and 23 be removed from the Consent Agenda and placed on the Regular Agenda. The following items are to be considered by Council as the Consent Agenda: -8- 3/25/86 14. Request for Solicitation of Funds - Veterans of Foreign Wars, Post No. 4141. Council is to consider a request for solicitation of funds from May 19 through May 27, 1986. Approval is recommended. 15. Change Order - N.W. 15th Avenue Construction. Council is to consider approval of Change Order No. 1 from Charles S. Whiteside, Inc., increasing the contract amount by $708.00 for a total contract price of $19,320.50 to provide a larger road area than anticipated and tests necessary to determine specification compliance. Funds are to come from the 1984/85 Reserve Capital Improvement Account. Approval is recom- mended. 16. Change of Desiqnation - Assistant City Attorney. Council is to consider ratification to change designation for Sharon Delegal, Esq., to Assistant City Attorney II and salary adjustment pursuant to City Attorney's memoranda of March 14, 1986. Approval is recommended. 17. Final Plat Approval - The Corniche (FKA The Commercial Building - U.S. #1). Council is to consider request for final plat approval for The Corniche, a proposed 7,714 square foot commercial bank and office development, located on the east side of South Federal Highway, between Linton Boulevard and S.E. 10th Street. It is zoned POC (Planned Office Center) and contains 0.51 acres. Approval is recommended. 18. Final Plat Approval - Delray Beach Motors. Council is to consider a request for final plat approval for Delray Beach Motors, an approved automobile dealership, located south of Tropic Boulevard, between South Federal Highway and Florida Boulevard. It is zoned SC (Specialized Commercial) and contains 1.27 acres. Approval is recom- mended. 20. Easement Abandonment - Pelican Harbor Phase Three-A. Resolu- tion No. 17-86, vacating and abandoning a 10-foot utility easement within Lot 154-A of Pelican Harbor Phase Three-A, located between Pelican Way and Tropic Isle Harbor, is before Council for consideration. The area to be abandoned consists of .02 acres. The caption of Resolution No. 17-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE 10 FOOT UTILITY EASEMENT LOCATED ON THE EASTERLY 10 FEET OF LOT 154-A, PELICAN HARBOR, PHASE THREE-A, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 50, PAGE 177 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 17-86 is on file in the official Resolution Book) 22. Final Plat Approval - Pelican Harbor - Phase Four A. Council is to consider a request for final plat approval for a replat of Lots 1-A through ll-A inclusive and Lots 27 through 46, inclusive, within Pelican Harbor Phase Four A, located east of South Federal Highway, between the C-15 Canal and Tropic Isle Drive. It is zoned PRD-7 (Plan- ned Residential) District and contains 3.3 acres. Approval is recom- mended. 24. Consultant Contract for Traffic Portion of Land Use Plan and Continuing Planning Services. Council is to consider authorizing execution of contract with Walter H. Keller, Jr., Inc., for traffic assistance in the preparation of the City's Land Use Plan and for Continuing Planning Services. Approval is recommended. 25. Florida Youth Corps. Resolution No. 18-86, encouraging the Florida Legislature to establish a youth targeted work program, is before Council for consideration. The caption of Resolution No. 18-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENCOURAGING THE FLORIDA LEGISLATURE TO BE SENSITIVE TO THE PROBLEM OF YOUTH UNEMPLOYMENT AND PASS -9- 3/25/86 LEGISLATION TO ESTABLISH A MEANINGFUL YOUTH TARGETED WORK PROGRAM; AND DIRECTING THE CITY CLERK TO FURNISH COPIES. (Copy of Resolution No. 18-86 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda as modified, 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. REGULAR AGENDA 21. Final Plat Approval - Pelican Harbor - Phase Three B. Council is to consider a request for final plat approval for a replat of Lots 150-A through 155-A, inclusive, within Pelican Harbor Phase Three B, located east of South Federal Highway, between the C-15 Canal and Tropic Isle Drive. It is zoned PRD-7 (Planned Residential) District and contains 0.83 acres. Approval is recommended. Mr. Weatherspoon questioned the removal of the sidewalk re- quirement from the site plan. Mr. Cohn, Planning Director, advised the sidewalk was not required as part of the site plan approval and so the Planning and Zoning Board requested that there not be one. In that particular area of Pelican Harbor there are no sidewalks. Mr. Bird moved for final plat approval, 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. 23. Roof Repair - Community Center. Council is to consider award of contract to McNab Roofing, Inc., the only bidder although 12 contrac- tors were invited to bid, in the amount of $12,800 for repairing the roof at the Community Center with funds to come from Reserve Capital Improvement-General Fund. Approval is recommended. Mr. Weatherspoon questioned what the nature of the repairs are and whether or not staff felt that the amount is high. Mr. Joe Weldon, Parks and Recreation Director, stated the Public Works Director indicated that his estimate for the job was approximately $10,000. They contacted 12 contractors; however, the only bid they received was for $12,800. Since the other 11 contractors did not bid he felt it was in the best interests of the City to go ahead with the single bid. Mr. Gerald Church, Public Works Director, stated the work involves putting a new roof over the entire gymnasium portion of the building. The estimate of $10,000 was based on the area and the proba- ble difference is due to the fact that a bond was required which raised it $2,000. Mr. Bird questioned the City paying a premium of 30% on work being done to have it bonded. He stated he would like to review the City's bonding requirements. Mr. Bird moved to award a contract to McNab Roofing Inc., in the amount of $12,800 for repairing the roof at the Community Center, 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. 26. Ingraham Avenue Parking Lot. Council is to consider award of a contract to the low bidder, All-Rite Paving, Inc., in the amount of $33,708.50, with funds to come from the Beach Restoration Fund. Ap- proval is recommended. Mr. Bird moved to award a contract to All-Rite Paving, Inc., in the amount of $33,708.50, with funds to come from the Beach Restoration Fund, seconded by Mr. Weatherspoon. -10- 3/25/86 Mr. Bird questioned if the City has received the last of the funding back from the Federal Government. The City Manager stated he believes the money has arrived. Mr. Church advised they have received all the payments from the Federal Government; however, there is a little portion outstanding from the County and they are working out their differences at the present time. Mr. Bird amended his motion to approve award of the contract and to make it contingent upon the differences being completed satisfac- torily and that the parking lot also be gated as the others are, Mr. Weatherspoon amended his second. 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. Before roll call the following discussion was had: Mrs. Matthews, representing the Beach Property Owners Associa- tion, stated they would like Council's consideration of landscaping to screen this parking lot from the people across the street. At this point the roll was called to the motion. 27. a. Replacement Trucks - Public Utilities. Council is to consider award of contract to the low bidders listed below for replace- ment trucks: Dealer Model Amount Bartow Ford One two-ton flat bed dump $ 16,450.00 Sherwood Pontiac One one-ton van w/lift gate 11,711.87 Sherwood Pontiac Three GMC compact trucks 29,980.14 Massey Chevrolet One 3/4 ton 4x4 pick-up 10,508.82 Powell Motor Three 3/4 ton Ford trucks 31,248.54 Peacock Dodge One 1/2 ton pick-up 6,978.00 General GMC One 1/2 ton GMC Window Van 9,908.00 Total $116,785.37 Funds are to come from the 1985/86 Budget. b. Consider award of contract to General GMC (second lowest bidder as the lowest bidder did not meet specifications) in the amount of $9,903.00 for a 1/2 ton window van, with funds to come from the 1985/86 budget. Approval is recommended. Mr. Bird moved to award the contracts, 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. Granting of Utilities Easement. Council is to consider author- izing execution of Grant of Utilities Easement between the City and Anthony A. Petrarce, Trustee. Approval is recommended. Mr. Bird moved to authorize execution of the Grant of Utilities Easement, 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. 29. Site Plan Approval - Linton Forest. Council is to consider a request for Linton Forest, a proposed 48 unit multiple family project in three two-story buildings, located north of Linton Boulevard, between S.W. 8th Avenue and S.W. 10th Avenue. It is zoned RM-15 (Multiple Family Dwelling) District and contains 3.44 acres. The Planning and Zoning Board and Planning Director recommend approval with the following conditions: (1) That this tract be platted prior to the issuance of any building permit. This boundary plat shall incorporate the existing residential development. (2) Additional right-of-way will be required for S.W. 10th Avenue extending to the northern limits of the property in order to accommodate: -11- 3/25/86 (i) Twenty-four (24) foot pavement width. (ii) Two five (5) foot sidewalks located at the rear of the right-of-way line. (iii)Eight (8) foot swales. (3) That an agreement between the developers and the City of Delray Beach be made concurrent with the final plat, stipulating the required improvements along S.W. 10th Avenue. (4) Until all the necessary right-of-way dedications are made along S.W. 10th Avenue, the roadway improvement plans should be revised as follows: (i) S.W. 10th Avenue shall dead end with a "T" turn- around located entirely within dedicated right-of- way. (ii) The northern entrance way shall be closed by extend- ing the landscape strip and provide curbing across the property line. At such time as S.W. 10th Avenue may be extended, this driveway shall be connected to the street and shall contain 25' turning radii. (iii)Provide traffic control signs to be located south of Queens Avenue indicating that S.W. 10th Avenue dead ends. (5) That a six (6) foot fence or a decorative wall as ap- proved by the Community Appearance Board be provided along the eastern property line. (6) That the site plan be revised as follows: (i) Provide a twenty (20) foot stacking distance between the first parking stall and the property line. (ii) All final dumpster alignments to be determined at the time of building permit. (7) That the landscape plan be revised as follows: (i) Relocate trees particularly located around the dumpster in the southeast and southwest corner of the site in order to accommodate trees at their mature spread. (ii) Relocate trees and landscape material so that there are no obstructions to the existing fire hydrant on S.W. 10th Avenue. (8) That a tree removal permit be obtained prior to the removal of any trees. Trees should only be removed which would interfere with or cause damage to building or pavement areas. (9) That a detail of foundation plantings for all buildings be provided for final Community Appearance Board ap- proval. (10) That the paving and drainage plans be revised so that it corresponds to the site plan. (11) That paving and drainage calculations be provided. (12) The Public Utilities Department memorandum of February 18, 1986. (13) That all improvements be completed in accordance with the approved plan except as modified by the above conditions. (14) That the time limitations of this approval be eighteen (18) months unless at least twenty-five (25%) percent 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 of the Zoning Code. Mr. Bird moved for site plan approval for Linton Forest, 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. 30. Site Plan Approval - The 160 Center. Council is to consider a request for The 160 Center, a proposed 8,880 square foot retail and office development in two one-story structures, located on the west side of S.E. 6th Avenue, between S.E. 1st Street and S.E. 2nd Street. It is zoned SC (Specialized Commercial) and contains 0.73 acres. The Planning and Zoning Board and Planning Director recommend approval subject to the following conditions and that the nine (9) foot building setback along the alley shown for the business and professional office building be approved: -12- 3/25/86 (1) That the property owners of the parcel of land located immediately to the north and the owners of the subject parcel enter into an agreement to allow a cross-access easement. However, if this agreement is not accomplished by the time of the issuance of the first Certificate of Occupancy, parking space #14 shall be eliminated in order to provide a two and one-half (2 1/2) foot landscape strip in addition to a six (6) foot maneuvering back-up area. An alternate plan shall be provided prior to building permit if cross-access is not obtained. (2) That a Unity of Title joining all the lots into one building site or a preliminary plat be approved as determined by the City Attorney. (3) That the proposed sign be approved by the Building Department and the Community Appearance Board. (4) That all improvements are to be completed in accordance with the approved site plan. (5) 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 Sec. 30-22 (e) of the Zoning Code. Mr. Weatherspoon moved for site plan approval for The 160 Center, 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. 31. Endorsement of new 1-95 Interchange between Clint Moore Road and the C-15 Canal. Resolution No. 19-86, endorsing a new Interchange on 1-95 between Clint Moore Road and the C-15 Canal and urging consider- ation of a park and ride and train facilities at the same location, is before Council for consideration. There are two resolutions numbered 19-86; one suggested by the Planning Director and the other suggested by Knight Enterprises, Inc. Vice-Mayor Horenburger advised the difference between the two resolutions seems to be that one endorses a full service interchange and the other addresses a limited service interchange with access only to Congress Avenue. She stated the Treasure Coast Regional Planning Council, of which she is a member, did discuss this and she would be in favor of endorsing the interchange having only access to Congress Avenue since the residents to the east do not wish to have an 1-95 Interchange running through their community. She would also be concerned about its exact location with regard to the Yamato Scrub. To this date, she has not had anyone be able to tell her exactly where the Yamato Scrub exists. It was the consensus of Council to adopt Resolution No. 19-86 as proposed by Knight Enterprises, Inc. The caption of Resolution No. 19-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING A NEW INTERCHANGE ON 1-95 BETWEEN CLINT MOORE AND THE C-15 CANAL, HAVING ACCESS ONLY TO CONGRESS AVENUE, AND FURTHER ENDORSING THE ESTABLISHMENT OF A PARK AND RIDE AND TRAIN FACILITIES AT THE SAME LOCATION. (Copy of Resolution No. 19-86 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 19-86, 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. Before roll call the following discussion was had: -13- 3/25/86 Mr. Bird stated it is his understanding that the Yamato Scrub lies south of the extension of Clint Moore Road which is the south end of the property proposed to be used for this intersection and, there- fore, it is not a factor. Vice-Mayor Horenburger questioned if they could insert language into the resolution addressing the Yamato Scrub and Council's concern for it. Mr. Bird advised he believed it is already a stipulation that you cannot, and DOT will not, obtain right-of-way through an endangered species area. He suggested that staff ask the City Horticulturist to investigate this and respond to Council. If there is a problem they can always rescind the resolution. At this point the roll was called to the motion. 32. Ordinance No. 20-86 - Espinoza Annexation. Ordinance No. 20-86, relative to annexing a 0.25-acre parcel subject to LI (Light Industrial) District, located on the west side of Germantown Road between Royal Palm Drive and S.W. 10th Street, is before Council for consideration on First Reading. If passed, Public Hearing will be held April 22nd. The City Manager presented Ordinance No. 20-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 7, ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE WEST SIDE OF GERMANTOWN ROAD, BETWEEN ROYAL PALM DRIVE AND S.W. 10TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 20-86 on First 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. Before roll call, the City Attorney advised, for the record, this parcel is too small to be utilized as LI. At this point the roll was called to the motion. Vice-Mayor Horenburger declared the meeting adjourned at 8:32 P.M. ATTEST: MAYOR 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 25, 1986, which minutes were formally approved and adopted by the City Council on~;~ ~ ~ . -14- 3/25/86 City Clerk 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. -15- 3/25/86