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05-13-86 MAY 13, 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, May 13, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Richard J. Dougherty Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Pastor Dan Hecker, First klliance Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Weatherspoon moved for agenda approval, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 5. Ordinance No. 21-86 - Nocera Annexation. Ordinance No. 21-86, relative to annexing a 0.39-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 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. 21-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 5, 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. (Copy of Ordinance No. 21-86 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. Bird moved for the adoption of Ordinance No. 21-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 6. Ordinance No. 24-86 - Amending Code - Utility Tax Increase. Ordinance No. 24-86, amending Chapter 25 "Taxation" of the Code of Ordinances to increase the tax on utility services from 7.5% to 8.5%, 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. 24-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25, "TAXATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "UTILITY SERVICES", SECTION 25-23, "LEVIED; PURCHASER TO PAY", TO INCREASE THE TAX ON UTILITY SERVICES FROM 7.5% TO 8.5% ON THE TOTAL AMOUNT BILLED IN ANY CURRENT MONTH AND ALLOCATING THE REVENUE RESULTING FROM THE TAX INCREASE TO THE CITY OF DELRAY BEACH BEAUTIFICATION PROGRAM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 24-86 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. Joel Port, Villas of Rainberry Lake, spoke in opposition of the ordinance. They feel it was not well thought out and request it be postponed and a program be set up. Mrs. Jeanette Slavin, Rainberry Bay, also requested that the ordinance be postponed as they feel it is unclear. Mr. Gerald Phillipe, High Point Sec. 4, spoke in favor of a 10 or 15 year bond issue backed up by the utility tax. Mr. Theo Brown, 616 Lake Ida Road, spoke in favor of a bond issue. Mr. Chris O'Hare, Co-Chairman of the Beautification Task Force, stated that the Task Force has been holding public meetings for six months and has made a presentation to Council, the Chamber of Commerce and the CRA with regard to a guideline for the beautification program. He would be happy to answer any questions from the public after the meeting tonight or at the Beautification Task Force's next meeting on Friday, May 16th, at 7:30 A.M. in City Hall. Mr. Jerry Kessler, 4530 N.W. 2nd Street, feels this is an inequitable tax and that more public input is needed. If Council does pass the tax, he recommends a three year sunset be put on it. Mrs. Helen Coopersmith, PROD, stated that they favor the bond issue with the utility tax paying the maintenance of the bond issue and having the work done in three years. She asked for postponement and for a priority list for the program. Mr. Ben Lillenstein, High Point Sec. 4, spoke in favor of paying for the bond issue by advalorem tax. They feel the utility tax is inequitable. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 24-86 on Second and FINAL Reading, seconded by Mrs. Horenburger. Mrs. Horenburger stated she feels they need to remember that the tax is important to lock in a funding source for the project. Mr. Dougherty recommended that they eliminate "operating expenses" from the ordinance and go with a 15 year bond issue. Mr. Weatherspoon stated that he would be amenable to going with a combination of both the - 2 - 05/13/86 utility tax and a bond issue. Mayor Campbell stated he feels it is a fair tax and added that Atlantic Avenue West is one of the top priority roads as it is the gateway to the City. He believes the program should be completed in three years and would prefer that they float a bond. If they enact the ordinance tonight, they can, possibly at their next workshop, discuss floating a bond. Mr. Dougherty made a substitute motion to adopt Ordinance No. 24-86 with the deletion of "and operating expense" from it, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, Mr. Bird stated that the 1% was based on the fact that they were going to do capital improvement and maintenance simultaneously. If they are to take out the cost of maintenance and put it on the advalorem side, they are overfunding the program as it was presented to them. Mayor Campbell disagreed, stating that it would not be overfunded if they do it on a short term basis. At this point the roll was called to the motion. The City Manager stated they need to get a study started and get staffed. He asked if they will be taking the staff and the con- sultant out of advalorem or out of utility tax. Mayor Campbell sug- gested they discuss that at the workshop meeting and that they direct the City Attorney to contact bond counsel for their position. Mr. Bird moved that the cost to develop a plan and oversee the capital portions of it (planning, landscape architecture, etc.) shall come from the capital portion of the budget (the utility tax), seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird left the Council Chambers at this time. 7. Ordinance No. 25-86 - Amending Zoning Code - Industrial Zoning Districts. Ordinance No. 25-86, amending Chapter 30 "Zoning" of the Code of Ordinances to require that all LI (Light Industrial) Districts and MI (Medium Industrial) Districts be subject to site and development plan approval, 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. 25-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-14 "LI (LIGHT INDUSTRIAL) DISTRICT" (B) "PERMITTED USES" TO REQUIRE ALL DEVELOPMENTS TO BE SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL; BY AMENDING SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT" (B) "PERMITTED USES" TO REQUIRE ALL DEVELOPMENTS TO BE SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 25-86 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. Mrs. Horenburger moved for the adoption of Ordinance No. 25-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 3 - 05/13/86 PROCEDURAL ITEMS 8. Mr. Weatherspoon moved for the approval of the minutes of the Regular Meeting of April 22, 1986 and Special Meetings of April 10, 1986 and April 15, 1986, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - 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. 9.a.1. Mr. Dougherty stated he still has not received the quarterly financial report which he requested. He would also like to have the IAC review it. The City Manager advised that at least five times since he's been here, City Council has directed the Finance Director to revise the report to make it more readable and easily understandable. They believe the report they have is in accordance with the requirements of the Charter. Mr. Huddleston, Finance Director, advised that detailed copies are available in his office, the City Manager's Office and the City Clerk's Office for the IAC. Mayor Campbell asked that a copy be made available for Mr. Dougherty. 9.a.2. Mr. Dougherty asked whether or not they are planning to implement the financial indicator monitor system as suggested by the Chairman of the IAC. Mr. Bird stated that most of those indicators only have validity with an appropriate population base. Their population base which is based on a 1980 census is improperly escalated and is in- adequate. Before they can utilize a monitor system, they need to get a true population figure for the City of Delray Beach. Mr. Huddleston stated that the comments they made during the IAC meetings were that they were going to put together a budget analysis based upon trends using the assessed valuations as an indicator. They were going to start with this year's budget. A member of IAC clarified that they were not using the census as a population base but estimates by Florida Power & Light Co. and the water usage of the City. 9.a.3. Mr. Dougherty recalled that they agreed to begin a review of all the City Committees. He questioned when they will begin. Mr. Bird requested that the City Manager schedule for next week's workshop a discussion of those committees which, by statute or other requirement, must exist. They can then whittle the list of committees down to a reasonable number and schedule them on a recurring basis. The City Attorney advised that a local sunsetting ordinance is being developed to give Council criteria for review. This ordinance will come to Council for discussion. 9.a.4. Mr. Dougherty stated that it was brought to his attention that two children sustained minor injuries in using a piece of play equipment at Barwick Park. Also, he asked for an update on Barwick Park. The City Manager advised that Barwick Park is about 45% complete. They are still looking at another $200,000 grant and another after that to get the project completed. Those grants have not come through. There will be a request in this year's budget. With regard to the equipment Mr. Dougherty mentioned, they will have the risk management person take a look at that. 9.a.5. Mr. Bird stated he feels they have a serious problem with sending conflicting signals and citizens getting confused. Not long ago they established a policy of encouraging redevelopment of their downtown - 4 - 05/13/86 and have expended thousands of dollars of taxpayers money. Meanwhile, they have thwarted attempts by individuals who have expressed a willing- ness to be involved in this project. Mr. Bird moved to instruct the City Manager to present to Council at the first formal meeting in June a plan which will result in a comprehensive review of this City's government, its attitudes, its actions and organization, with a detailed time frame, cost, methodology, and a listing of assets to be used and a completion date for the final study to be not later than the first meeting in December, 1986. This final report should include staffing changes, organizational changes, motivational and behavioral suggestions and communications changes to improve communications between Council and staff and among various staff levels, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mr. Weatherspoon, Mr. Bird pointed out that a couple of areas in which he feels they have fallen behind are in their interpersonal relationships particularly with those departments which principally deal with the public. The motion is in two parts: (1) for the City Manager to come to them in June with a proposal for a study; and, (2) the final study to be completed in December and which would hopefully lead them to a revamping and tidying up of their administration. Mayor Campbell asked the City Manager to make a recommendation in response to this. At this point the roll was called to the motion. 9.a.6. Mrs. Horenburger reported that the annexation bill passed the Community Affairs Committee and is still alive. She will be going back to Tallahassee to find out why it was not on Thursday's calendar and if it can be placed on the calendar. There is apparently a move afoot to put a small amendment on the bill which will have little effect on the substance of the bill. She added that Ms. Daley is doing an excellent job for them in Tallahassee. 9.a.7. Mrs. Horenburger reported on the school swap. The school staff is going to recommend to the school board on Monday that a deadline be set for May 26th for this agreement to be finalized. 9.a.8o Mrs. Horenburger stated she is still a member of the Palm Beach Countywide Beaches and Shores Council but has found that her time has been very limited recently. Mrs. Horenburger moved that Mr. Dougherty be appointed to replace her as the City's representative to that body, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9.a.9. Mrs. Horenburger advised that both she and Kathleen Daley have been lobbying on some other bills, particularly the Growth Management Act that was passed last year. There are about six amendments being worked on; one has to do with consistency with the State plan. No one has defined what consistency is and there is a move afoot to have that definition in place. The second issue is the limited time frame in which they have to comply with the State plan. They have also been working on the library bill and others. 9.a.10 Mrs. Horenburger reported that the Treasure Coast Regional Planning Council has finally adopted a transportation policy which seems to suit everyone. It has some good safeguards for local government areas and some flexibility with regard to fair share contributions. 9.a.ll. Mrs. Horenburger moved to reappoint J.B. Smith and Virginia Courtenay as alternate members of the Community Appearance Board for one year terms, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 5 - 05/13/86 Before roll call, Mr. Dougherty stated that this action seems to be contrary to what they were just discussing earlier with regard to reviewing all committees. He suggested extending the terms until such time as Council has reviewed the committee. At this point the roll was called to the motion. 9.a.12. Mrs. Horenburger noted that the term of G. Robert Fellows on the PERC Commission has expired and she suggested they contact him and find out if he is willing to serve again. 9.a.13. Mrs. Horenburger reported that several members of the Police and Fire Board of Trustees terms expired in April. Mrs. Horenburger moved to appoint Charles F. Hill, Michael J. Hendricks and Wayne Inman to the Police and Fire Board of Trustees until June 30, 1986, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. The City Attorney advised that the last two names mentioned are employee-elected members not appointed by Council. Mr. Bird moved that the action just taken be stricken from the record and that the term of Charles F. Hill be extended until June 30, 1986, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9.a.14. Mrs. Horenburger moved to reappoint Leo Kierstein to the Civil Service Board for a two year term, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger stated that Mrs. Virginia Cady has worked long and hard for the Civil Service Board and is very experienced in those matters. Although Mrs. Cady has served beyond the two two-year term limit, she (Mrs. Horenburger feels) they should consider designating a special post to enable Mrs. Cady to remain on that Board. She requested that the City Manager and City Attorney look into it. Mrs. Horenburger moved to reappoint Mrs. Cady to the Civil Service Board to a term ending June 30, 1986, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9.a.15. Mrs. Horenburger stated that several weeks ago she asked the City Manager to send them a report with regard to the Swinton Avenue project. The report she received was a list of meeting dates and events. It did not tell her why the project is taking so long. The City Manager reported that the County has indicated that completion will be by the end of the month or the 2nd week of June. Mayor Campbell stated that if they do not finish by the end of the month, he plans to protest vehemently to the point of asking the County not to do business with that contractor anymore or to find whose fault it was and dismiss them. Mrs. Horenburger stated that she has not had a chance to read the memo she received today from the City Manager. She suggested they discuss this issue further at next week's workshop. 9.a.16 Mr. Weatherspoon thanked Mrs. Horenburger for her work in Tallahassee and asked her to watch House Bill 657 which deals with financial disclosure. He understands this bill will modify the current bill drastically. - 6 - 05/13/86 9.a.17. Mr. Weatherspoon stated a question recently came up as to whether or not a developer should pay for a fire hydrant to be installed or should share the cost. The City Manager advised that according to normal procedure the developer pays for the fire hydrant, approximately $1500, if he causes the need for it. He will need to get more information from the Fire Department on this particular situation. Discussion has been had with regard to a pro rata share. 9.a.18. Mr. Weatherspoon stated that several months ago they sent a memo to DOT regarding use of parking at the beach at night. The City Manager advised they have contacted DOT twice and have received no response as yet. 9.a.19. Mr. Weatherspoon stated there was a lot on the North side of S.W. 3rd Avenue which was overgrown and the owner went in and did some minor cleanup. The concern of the abutting homeowner was that several Australian Pine Trees in excess of 20 feet are leaning over onto his property. The City Manager asked Mr. Weatherspoon to give him the address and he will have that checked out. 9.a.20. Mr. Weatherspoon advised that he received a memo from Catherine Boeh, Broward Palm Beach Coordinator, who is coordinating an effort to collect signatures for the State Lottery. He urges those citizens in favor of it to sign the forms being circulated in the community. Ms. Boeh also asked City Council to consider drafting a resolution declaring a certain date as Lottery Date for the collection of signatures. 9.a.21. Mayor Campbell presented and read a proclamation declaring the week of June 1-7, 1986, as "National Safe Boating Week in Delray Beach". Members of the Delray Power Squadron came forward to accept the proclamation. 9.a.22. Mayor Campbell asked about the Linton Boulevard road project. The City Manager stated he will discuss that under City Manager items. 9.a.23. Mayor Campbell commended the Administration for trying to deal with the problem of junked cars. He asked the City Manager for an update. It was the consensus of Council to discuss this further at the next workshop meeting. 9.b.1. The City Attorney introduced the new Assistant City Attorney, Jeffrey Kurtz. 9.b.2. With regard to Item 26, the City Attorney advised that a new draft of Ordinance No. 26-86 has been distributed. This draft clarifies its compatibility with the RO District regulations. 9.b.3. The City Attorney reported that Isles of Delray was approved by the City as an SAD in January, 1984; however, it is unclear when the time limitation on the project was to commence. They are requesting that Council establish a date for the 24 months to commence running. Mr. Bird moved that the 24 month period start commence running as of midnight tonight, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9.b.4. The City Attorney asked Council for direction on how to proceed with the Schwerin case which is the annexation lawsuit. The settlement offer was formally withdrawn by the plaintiff. A memo he sent to Council sets forth three options: (1) to attempt to renegotiate (how- ever, he was told they will not accept less than $6,000); (2) to default on the lawsuit in which case he suggests they do an allocation of at least $1,000 for costs and fees; and (3) to litigate to conclusions with the potential that they might be unsuccessful in which case he estimates a sum of $20,000 to $25,000. - 7 - 05/13/86 Mr. Dougherty stated that somebody should find out whether or not they had the 30% requirement of voters. He also feels that Council was not properly advised in this matter. Mayor Campbell stated it is his understanding they did not comply with the Act. Mr. Bird stated that after conversation with the City Manager and City Attorney, he is satisfied as to how this situation occurred and he suggested that Mr. Dougherty do the same. Mr. Bird moved to direct the City Attorney's office to undertake whatever agreement can be drafted to reduce the out of pocket cost to a minimum, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: The City Attorney stated it is understood that the maximum figure is $6,000; if it were more than that he would have to come back to Council for additional authorization. Mrs. Horenburger made a substitute motion to offer a settlement of $2600 with a ceiling of $5,000, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 3 to 2 vote. At this point the roll was called to the first motion. 9.c.1. The City Manager requested that a Special Meeting be scheduled for next Tuesday before their workshop meeting to consider the following: (1) a contract for garbage pickup for the summer cleanup; they are projecting that will run from June 9th through 28th; and (2) a contract for the Medical Director for the Fire Department for the Paramedics; there will be an increase of $500 a month. 9.c.2. The City Manager stated the Linton Boulevard project was initiated by the County. Unfortunately, there were a lot of changes with the Delint Center, the CRHA project, etc., and some re-engineering had to be done. Somehow a conflict developed in that the utility companies did not get notification from the County engineers relative to the project. So the electrical lines and telephone lines were not relocated. The project was let and, in his opinion, it is not the contractor's fault. Mayor Campbell suggested they contact the County and urge them to proceed with haste and also indicate that the City is dissatisfied with the County's handling of the contractual arrangements. 9.c.3. The City Manager stated there are three items before Council which he asks Council to review in its own time. They are (1) the Swinton Avenue reconstruction project; (2) the tennis contract; and (3) a procedure to deal with problems of miscommunication, redundancy, red tape, etc. If any Council Member wishes to discuss any of the matters, they should let him know and he will put it on a workshop agenda. 9.d.1. Mr. Leonard Syrop, member of Delray Beach Housing Authority, spoke in response to action taken by Council at its last meeting regarding'the Housing Authority. He outlined the history of the Housing Authority, its membership and its accomplishments. He also gave a report on the Housing Authority's activities over the last six months. 9.d.2. Mrs. Marilyn Carr, representing CAPA (Citizens Against Political Annexation), stated that on April 22nd a motion was made by the Palm Beach County Commission to attach a resolution to the Enclave Act stating a time certain as 1990. They would like to know where the City got its County figures such as water, septic tanks, etc. Mayor Campbell stated that someone will get back to her with the information. - 8 - 05/13/86 9.d.3. Mrs. June Carr, County pocket resident, asked for information on the Enclave Act with regard to people in County pockets becoming responsible for City indebtedness. She also asked for information on non-conforming uses and a date as to when City services will be avail- able. She suggests that the date be set for the end of the tax year when annexing anyone. 9.d.4. Mr. Robin Smith, 1202 N.W. 2nd Street, invited Council to attend a Health Screen which will be held at Pompey Park on May 17th from 10:00 A.M. to 4:00 P.M. The screenings will include height, weight, pulse, blood pressure, ears and eyes, etc. The American Cancer Society will be there to discuss breast cancer and the Bloodmobile will be there to collect blood from those wishing to donate from 12:00 Noon to 2:00 P.M. 9.d.5. Mr. Stanley Katz, Pines West, stated that they received notice that the Crosswinds development across the street wants to change its density to exceed 10 units per acre and is going before the Board of Adjustment for a Variance. They ask City Council to help them prevent this from happening. Mayor Campbell advised that City Council has no say on matters which go before the Board of Adjustment. 9.d.6. Mr. Thomas Haenlon, 613 N.E. 4th Street, read a 1984 newspaper editorial relative to the bypass plan to reroute traffic off East Atlantic Avenue. He stated that this project still is not completed. 4. Mr. Bird moved to amend the agenda to add Item 35, Ordinance No. 33-86, and that the conditional use and site plan approval portion of Item 23, Patio Delray, be withdrawn, and that only the parking issue be discussed, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 10. Requisition No. 7 - S.G. Phillips Constructors of Florida, Inc. Council is to consider authorizing payment of Requisition No. 7 in the amount of $576,900.33 for Regional Wastewater Treatment Plant expansion. Approval is recommended. 11. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of April 17th Quarterly Annual Meeting. Council is to consider ratification of SCRWTD Board action relative to: a. Sludge Handling Contract. b. Disbursement of excess O&M revenues. c. Change Order No. 1 - Subaqueous Intracoastal Crossing, Part B (Foster Marine). d. Change Order No. 1 - WWTP Expansion, Part A (S.G. Phillips Constructors of Florida, Inc.) This was approved by the SCRWTD Board by a vote of 7-0. 12. Community Development Block Grant Program Activities - Housing Rehabilitation Grant Awards. Council is to consider approval of the following Housing Rehab Grant Awards: Low Bidder Location Amount Gemini Construction 343 N.W. 7th Avenue $10,715 Frank Fidler/James Brown 617 N.W. 1st Street 17,000 First Construction of the Palm Beaches 228 S.E. 3rd Avenue 6,205 Funds are available in the Community Development Block Grant Program. Approval is recommended. - 9 - 05/13/86 13. Expenses - Legislative Affairs and Annexation. Council is to consider authorizing transfer of $20,000 from the Contingency Reserve to be used as expenses relative to legislative affairs and annexation. 14. Polymer 844A - Water Treatment Plant. Council is to consider award of a contract to American Cyanamid Company, sole source, for 40,000 pounds of Polymer 844A at a cost of $1.90 per pound, with funds to come from the 1985/86 budget. Approval is recommended. 15. Requisition No. 4 - Foster Marine Contractors, Inc. Council is to consider authorizing payment of Requisition No. 4 in the amount of $42,629.29 for Intracoastal Waterway crossing expansion, with funds to come from the 1984 Revenue Bond. Approval is recommended. 16. Inspection on Installation of Air Scrubbers - Lift Station Nos. 1, 50 and 80. Council is to consider approval of resident inspections on the installation of the air scrubbers, estimated at four hours per day for a total cost of $9,800.00, with funds to come from the FY85/86 budget. Approval is recommended. 17. Change Order No. 1 - N.W. 2nd Street Water Transmission Main. Council is to consider approval of Change Order No. 1 from Barker, Osha & Anderson, Inc. in the amount of $26,537.00 to increase the total contract price to $612,686.59, with funds to come from the 1984 Revenue Bond. Approval is recommended. 18. .Change Order No. 1 - Air Scrubber at Lift Station No. 1. Council is to consider approval of Change Order No. 1 in the amount of $2,680.00 to increase the total contract price to $169,790.00 to allow extra air to be injected into the dry well, with funds to come from the FY85/86 budget. Approval is recommended. 19. Nuisance Abatement. Resolution No. 27-86, assessing costs of abating nuisances in accordance with Section 13-13 on 22 parcels, is before Council for consideration. The caption of Resolution No. 27-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 27-86 is on file in the official Resolution Book) 20. Nuisance Abatement. Resolution No. 28-86, assessing costs in the amount of $3,561.80 for abatement action regarding demolition of an unsafe building located at 19-23 N.W. 14th Avenue. The caption of Resolution No. 28-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. - 10 - 05/13/86 (Copy of Resolution No. 28-86 is on file in the official Resolution Book) Mr. Bird moved for the adoption of the Consent Agenda, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 21. Mr. Digby Bridges, Digby Bridges, Marsh & Associates. Council is to consider proposed changes to Public Safety Facility. Mr. Digby Bridges, architect, advised that a report has been provided to Council with regard to the changes they are requesting. He would like to have the go ahead from Council with regard to the changes listed to spend up to $349,475 for the various items. They still have a large balance left. The City Manager advised that he recommends ap- proval and added that this constitutes a request for change orders. Upon question by Mr. Weatherspoon as to what they can do with any funds that might be left, the City Attorney advised that it would remain in the fund and could potentially be used for debt service reduction. Mr. Weatherspoon felt they should cut down on the spending where possible; Mr. Dougherty concurred. Discussion was had at this time as to the type of roof and other various items and costs. Mr. Bridges asked Council to give him the authority to make decisions on the minor items and assured Council he would not be reck- less. He would come to Council with any major items. Mayor Campbell suggested putting this matter on the next workshop meeting and requested each Council Member to let the City Manager know which items are of concern. Council concurred. Mr. Bridges advised that this building is on the Sterling Field property which was donated by the Sterling family; the plaque and monument have been preserved. He suggests that the new building be called the "Sterling Building". Mayor Campbell advised that they will discuss that on Tuesday as well. 22. Mr. Frank Wexford, S.G. Phillips Constructors of Florida, Inc. Mayor Campbell announced that the applicant has requested this item be deleted from tonight's agenda. 23. Parking - Patio Delra¥. Council is to consider allowing the use of adjacent RM-10 (Multiple Family Dwelling) property for off-street parking for Patio Delray. (Note: conditional use and site plan approval will not be considered at this meeting as originally scheduled). Mr. Bird stated that in order to provide parking for this project and additional parking for the area, it is his understanding that their decision was to get Mr. Handelsman and the DDA to do a joint project to take the entire vacant parcel lying immediately south of the Bridge Restaurant parking lot plus a 12 foot strip and provide 45 spaces. Further, to hold Mr. Handelsman and his group responsible for the full cost of 14 of those spaces, the balance of the cost to be picked up by DDA. The DDA met today and have forwarded a recommendation to Council as to how that should be handled. He feels it would be appropriate for Council to review the recommendation and let Mr. Handels- man know their feelings. Mr. Digby Bridges spoke on behalf of Mr. Handelsman. Mr. Bridges advised that there are three different affected owners, the owner of the Patio Delray, the owner of the lot and the owner of the strip. Mr. Handelsman is putting this to the owners to see if they all agree. If Council would confirm the recommendation as outlined by Mr. Bird, he could speak to Mr. Handelsman tomorrow and get his confirma- tion. - 11 - 05/13/86 Mr. Bird advised that they have requested that Mr. Handelsman obtain, at the minimum, a 99 year lease at $1.00 a year on the 12 foot strip. He feels they should take advantage of this opportunity to put additional parking in the area. Mayor Campbell felt uncomfortable taking any action on this item without the petitioner present. Mr. Bird moved that Council conceptually accept that this would be an acceptable solution to the parking deficit in that area, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell abstained. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Upon ques- tion by Mrs. Horenburger, Mr. Bird advised that the City and DDA'S share of the cost would be about $210,000 or about $105,000 each. Mr. Bird pointed out that although Mr. Handelsman is required to pay for 14 of the 45 spaces those spaces will not be tagged. They will simply be 14 of 45 spaces in a public parking area. Upon further question, he advised that the City's share should come out of CRA funds. Mr. James Bowen, Marine Way Property Owners Association, stated that he believes that years ago there was an alley behind that parcel which the City vacated. If so, they will be leasing back something they gave away. Further, he feels the DDA's recommendation, according to the minutes of their meeting, does not clearly break down the costs. Mrs. Elita Riley, Marine Way homeowners, stated that according to plans she understands there is an entrance which will open onto Marine Way. They feel this would be totally unacceptable and suggest that there be a turnaround in the parking lot. Mr. Bird clarified that the motion is to conceptually accept this as a possible alternative and does not bind Council to anything. At this point the roll was called to the motion. 24. Conditional Use and Site Plan Approval Extension - Lake Ida Professional Plaza. Council is to consider a request for extension of the conditional use and site plan approval for Lake Ida Professional Plaza, a 54,712 square foot office center with drive-in facilities for a financial institution, located at the northwest corner of Congress Avenue and Lake Ida Road. The Planning & Zoning Board and Planning Director recommend that a 30 day extension be granted (from May 13, 1986 through June 12, 1986). Mrs. Horenburger moved to approve the extension, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 25. Auditing Services. Council is to consider authorizing negotia- tion of a contract with Ernst & Whinney for auditing services. Approval is recommended. Mr. Bird moved to accept staff's recommendation and authorize them to commence negotiation with Ernst & Whinney, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird commended Ernst & Whinney for their performance for the City. At this point the roll was called to the motion. 26. Settlement Matter - Collier v. City of Delray Beach. The City Attorney reported that this is a personal injury case being defended by the firm of Cibula, Gaunt, and Pratt who have negotiated a settlement of $75,000, all of which will come from the insurance company. - 12 - 05/13/86 Mr. Bird moved for acceptance of the settlement offer, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 27. Ordinance No. 26-86 - Residential Office (RO) Rezoning (North Swinton Avenue Area). Ordinance No. 26-86, a City-initiated proposal to rezone a 40.25 acre area from R-lA (Single Family Dwelling) District, in part, and RM-6 (Multiple Family Dwelling) District, in part, to RO (Residential Office) District, is before Council for consideration on First Reading. The property is located north of Atlantic Avenue and south of N.W. 4th Street/N.E. 4th Street, between N.E. 2nd Avenue and N.W. 1st Avenue. If passed, Public Hearing will be held on May 27th. The City Manager presented Ordinance No. 26-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, IN RO (RESIDENTIAL OFFICE) DISTRICT PARCELS OF LAND LYING AND BEING IN SECTIONS 16 AND 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LANDS ARE LOCATED NORTH OF ATLANTIC AVENUE, SOUTH OF N.W. 4TH STREET/N.E. 4TH STREET, BETWEEN N.E. 2ND AVENUE AND N.W. 1ST AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 26-86 on First Reading, as amended, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Mr. Bird left before roll call due to a conflict of interest. Before roll call the following discussion was had: Mayor Campbell questioned why the homes behind the Shopping Center/Post Office and the homes along 4th were not included in this rezoning. Mrs. Horenburger advised that those are not residential. Mr. Bird added that those are already in the General Commercial and Council felt they should be left there. Mayor Campbell stated that he does not want somebody to be able to come in and build an office that is incompatible with the single family character of the neighborhood they are trying to preserve. Mr. Cohn, Planning Director, advised that there is a requirement in the RO District that all structures be residential in character as determined by the CAB; there are also other protections in terms of height and size of office space. Also, City Council and the Planning & Zoning Board will have an opportunity to review the site plans. Upon question by Mayor Campbell, Mr. Cohn advised that the Board felt it would be too restrictive to state the type of roof in the ordinance. Mayor Campbell stated he does not want to get into it tonight but would like an opportunity to meet with the Planning and Zoning Board and discuss roofs. Mr. Dougherty had a problem with allowing commercial intrusions into residential areas. Discussion was had regarding preserving the historical residential character of the area. Upon question by Mrs. Elaine Roberts, the City Attorney advised that the amended draft does not change any substantive provisions nor does it change anything the RO is applicable to. All it did was to put a reference in dealing with the fact that a particular subsection of the RO District is going to be governed by POC regulations. At this point the roll was called to the motion. - 13 - 05/13/86 Mayor Campbell left the Council Chambers and Vice-Mayor Weatherspoon took the chair at this time. Mr. Bird returned to the Council Chambers at this time. 28. Ordinance No. 27-86 - Amending Code - Elimination or Repair of Unsafe Buildings. Ordinance No. 27-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances by enlarging the time to 30 days between title search and the sending of notices relative to elimi- nation or repair of unsafe buildings, is before Council for considera- tion on First Reading. If passed Public Hearing will be held May 27th. The City Manager presented Ordinance No. 27-86: 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 "ELIMINA- TION OR REPAIR OF UNSAFE BUILDINGS" SECTION 9-43 "DEFINI- TIONS'', BY AMENDING THE DEFINITION OF "LEGALLY COGNIZABLE INTEREST" BY ENLARGING THE TIME TO THIRTY DAYS BETWEEN THE TITLE SEARCH AND THE SENDING OF NOTICES; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 27-86 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 29. Ordinance No. 28-86 - Amending Zoning Code - Child Care, Adult Day Care and Family Day Care Facilities. Ordinance No. 28-86, relative to Child Care and Adult Day Care as a conditional use within certain zoning districts, and providing a separate definition for Family Day Care facilities as a permitted use within certain zoning districts, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 27th. The City Manager presented Ordinance No. 28-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1 "DEFINITIONS" TO PROVIDE A DEFINITION FOR "ADULT DAY CARE CENTERS"; AMENDING SECTION 30-1 "DEFINITIONS" BY DELETING SUBSECTION (23) "DAY CARE CENTERS, KINDERGARTENS, NURSERY SCHOOLS, AND OTHER PRESCHOOL FACILITIES" AND ENACTING A NEW SUBSECTION "CHILD CARE FACILITY"; AMENDING SECTION 30-1 "DEFINI- TIONS'' TO PROVIDE A DEFINITION FOR "FAMILY DAY CARE FACILITIES"; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY DELETING SUBSECTION (M) "DAY CARE CEN- TERS, KINDERGARTENS, NURSERY SCHOOLS, AND OTHER PRESCHOOL FACILITIES" AND ENACTING A NEW SECTION 30-17(M), WHICH IS APPLICABLE TO CHILD CARE AND ADULT DAY CARE FACILITIES, PROVIDING FOR LOT AREA, FLOOR AREA, OUTDOOR PLAY AREA, FENCING AND SCREENING, PICK-UP AND DROP-OFF AREA AND STATE AND COUNTY REGULATIONS; FURTHER AMENDING CHAPTER 30, "ZONING", BY ADDING AS A "PERMITTED USE" "FAMILY DAY CARE FACILITIES" IN SECTION 30-5 R-1AAA, R-IAAA-B, R-1AA, R-1AA-B, R-lA, R-1A-B (SINGLE FAMILY) AND R-1A-C (SINGLE FAMILY/DUPLEX DWELLING) DISTRICTS, SECTION 30-5.5 RL (LOW TO MEDIUM DENSITY DWELLING) DISTRICT, SECTION 30-6 RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, SECTION 30-6.5 RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, SECTION 30-7 RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, SECTION 30-7.5 RH (MEDIUM HIGH TO HIGH DENSITY) DWELLING DISTRICT, SECTION 30-8 RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, SECTION 30-8.1 PRD-4 (PLANNED RESIDENTIAL) DISTRICT, SECTION 30-8.2 PRD-7 (PLANNED RESIDENTIAL) DISTRICT, SECTION 30-8.3 PRD-10 (PLANNED RESIDENTIAL) - 14 - 05/13/86 DISTRICT, SECTION 30-8.4 PRD-L (LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT, SECTION 30-8.5 PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT, SECTION 30-8.6 MH (MOBILE HOME PARK) DISTRICT, SECTION 30-8.7 RO (RESIDENTIAL OFFICE) DISTRICT, SECTION 30-11 GC (GENERAL COMMERCIAL) DISTRICT, SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT, SECTION 30-13 CBD (CENTRAL BUSINESS) DISTRICT, SECTION 30-13.1 LC (LIMITED COMMERCIAL) DISTRICT, SECTION 30-15.3 POC (PLANNED OFFICE CENTER) DISTRICT; AMENDING CHAPTER 30, "ZONING", BY DELETING REFERENCE TO "DAY CARE CENTERS, KINDERGARTENS, NURSERY SCHOOLS, AND OTHER PRESCHOOL FACILITIES, SUBJECT TO SECTION 30-17 (M) ", AS A "CONDITIONAL USE" WITHIN SECTION 30-5 R- 1AAA, R-iAAA-B, R-1AA, R-1AA-B, R-lA, R-1A-B (SINGLE FAMILY) AND R-1A-C (SINGLE FAMILY/DUPLEX DWELLING) DISTRICTS, SECTION 30-5.5 RL (LOW TO MEDIUM DENSITY DWELLING) DISTRICT, SECTION 30-6 RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, SECTION 30-6.5 RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, SECTION 30-7 RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, SECTION 30-7.5 RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT, SECTION 30-8 RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, SECTION 30-8.1 PRD-4 (PLANNED RESIDENTIAL) DISTRICT, SECTION 30-8.2 PRD-7 (PLANNED RESIDENTIAL) DISTRICT, SECTION 30-8.3 PRD-10 (PLANNED RESIDENTIAL) DISTRICT, SECTION 30-8.4 PRD-L (LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT, SECTION 30-8.5 PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DIS- TRICT, SECTION 30-8.7 RO (RESIDENTIAL OFFICE) DISTRICT, SECTION 30-9 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT, SECTION 30-11 GC (GENERAL COMMERCIAL) DISTRICT, SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT, SECTION 30-13 CBD (CENTRAL BUSINESS) DISTRICT, SECTION 30-15.3 POC (PLANNED OFFICE CENTER) DISTRICT; AMENDING CHAPTER 30, "ZONING", BY ADDING "CHILD CARE AND ADULT DAY CARE, SUBJECT TO SECTION 30-17(M)" AS A "CONDITIONAL USE" WITHIN SECTION 30-5 R-1AAA, R-IAAA-B, R-1AA, R-1AA-B, R-lA, R-1A-B (SINGLE FAMILY) AND R-1A-C (SINGLE FAMILY/ DUPLEX DWELLING) DISTRICTS, SECTION 30-5.5 RL (LOW TO MEDIUM DENSITY DWELLING) DISTRICT, SECTION 30-6 RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, SECTION 30-6.5 RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, SECTION 30-7 RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, SECTION 30-7.5 RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT, SECTION 30-8 RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, SECTION 30-8.1 PRD-4 (PLANNED RESIDENTIAL) DISTRICT, SECTION 30-8.2 PRD-7 (PLANNED RESIDENTIAL) DISTRICT, SECTION 30-8.3 PRD-10 (PLANNED RESIDENTIAL) DISTRICT, SECTION 30-8.4 PRD-L (LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT, SECTION 30-8.5 PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT, SECTION 30-8.6 MH (MOBILE HOME PARK) DISTRICT, SECTION 30-8.7 RO (RESIDENTIAL OFFICE) DISTRICT, SECTION 30-9 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT, SECTION 30-11 GC (GENERAL COMMERCIAL) DISTRICT, SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT, SECTION 30-13 CBD (CENTRAL BUSINESS) DISTRICT, SECTION 30-13.1 LC (LIMITED COMMERCIAL) DISTRICT, SECTION 15-2 PCC (PLANNED COMMERCE CENTER) DISTRICT, SECTION 30-15.3 POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Campbell returned to the Council Chambers at this time. Mr. Weatherspoon moved for the adoption of Ordinance No. 28-86 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 15 - 05/13/86 30. Ordinance No. 29-86 - Amending Code - Violations of Alarm Systems. Ordinance No. 29-86, amending Chapter 2 "Administration" of the Code of Ordinances to clarify that the Code Enforcement Board has concurrent jurisdiction to hear and decide the cases involving alleged violations of alarm systems, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 27th. The City Manager presented Ordinance No. 29-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE VI, "CODES ENFORCEMENT", OF THE CODE OF ORDINANC- ES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-102, "APPLICABILITY", TO CLARIFY THE CODE ENFORCEMENT BOARD'S JURISDICTION OVER BOTH ARTICLE I AND ARTICLE II OF CHAPTER 2-5, "ALARM SYSTEMS"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 29-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31. Ordinance No. 30-86 - Amending Code - Community Appearance Board. Ordinance No. 30-86, amending Chapter 9 "Buildings and Construc- tion'' of the Code of Ordinances relative to powers and duties of the CAB, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 27th. The City Manager presented Ordinance No. 30-86: 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 IX, "COMMUNITY APPEARANCE", DIVISION 1, "GENERALLY", SECTION 9-333, "REQUIREMENTS DECLARED ADDITIONAL", SECTION 9-339, "POWERS AND DUTIES OF BOARD; PLANS AND SPECIFICATIONS", SECTION 9-340, "CRITERIA FOR BOARD ACTION", AND SECTION 9-341, "BOARD MEETINGS, RECORDS AND DECISIONS", TO PROVIDE FOR AUTOMATIC APPROVAL OF MATTERS BEFORE THE COMMUNITY APPEARANCE BOARD UNLESS THE COMMUNITY APPEARANCE BOARD VOTES SPECIFICALLY TO DISAPPROVE THE SUBMITTED PLANS AND SPECIFICATIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney explained that there is one Original and one Alternate Ordinance No. 30-86. Council may pass the ordinance of their choice. The Alternate has an added sentence which clarifies that the Department of Development and Inspections would make preliminary techni- cal review before it would go to CAB. Also, on page 2 there has been a change from "approved" to "denied". Mrs. Horenburger moved for the adoption of Alternate Ordinance No. 30-86 on First Reading, seconded by Mr. Bird. Before roll call the following discussion was had: Mr. Dough- erty suggested in line 8 of paragraph (a), after "technical requirements of the City's Code of Ordinances" they insert "No plans or specifica- tions may be approved without the Department of Development and Inspec- tions' concurrence". Mr. Bird concurred and asked the City Attorney to insert such language before Second Reading. Mrs. Horenburger amended the motion to include the insertion, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. - 16 - 05/13/86 32. Ordinance No. 31-86 - Amending Zoning Code - Setbacks for Screened Enclosures. Ordinance No. 31-86, amending Chapter 30 "Zoning" of the Code of Ordinances to reduce certain setbacks to 10 feet for screened enclosures, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 27th. The City Manager presented Ordinance No. 31-86: 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 REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (P) "SETBACKS FOR SCREEN PORCHES" IN ITS ENTIRETY; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULA- TIONS'' (G) "STRUCTURES ALLOWED IN SETBACKS" BY ADDING A SUBSECTION (14) TO PROVIDE THAT NO SCREENED ENCLOSURES MAY EXTEND CLOSER THAN TEN (10) FEET TO ANY REAR OR SIDE (INTERIOR) PROPERTY LINE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney advised that the Planning & Zoning Board recommended denial of this ordinance. Mr. Bird moved for adoption of Ordinance No. 31-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Upon question by Mr. Bird, Mr. Cohn advised that staff recommends approval of the ordinance. Upon question by Mr. Dougherty, Mr. Cohn advised that 10 feet is a standard fairly typical in a number of zoning ordinances for screened enclosures. They do not want to get any closer than 10 feet. According to definition, a screened enclosure is screening which does not have a covered roof. The Planning and Zoning Board was concerned that this may lead to an ultimate reduction of the building setback. Mrs. Horenburger shared the concerns of the Planning and Zoning Board and added she feels 10 feet is too close. At this point the roll was called to the motion. 33. Ordinance No. 32-86 - Amendin~ Zonin~ Code - Abused Spouse Residences. Ordinance No. 32-86, amending Chapter 30 "Zoning" of the Code of Ordinances to allow a type of emergency shelter known as abused spouse residences to be located as permitted uses within certain zoning districts, is before Council for consideration on First Reading. If passed Public Hearing will be held May 27th. The City Manager presented Ordinance No. 32-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1 "DEFINITIONS" TO PROVIDE A DEFINITION FOR "ABUSED SPOUSE RESIDENCE"; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW SUBSECTION (V) "ABUSED SPOUSE RESIDENCE", PROVIDING FOR PARKING REQUIREMENTS AND SPECIAL REGULATIONS; AMEND- ING SECTION 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT" (B) "PERMITTED USES" BY ADDING "ABUSED SPOUSE RESIDENCE, TWELVE OR FEWER RESIDENTS, SUBJECT TO SECTION 30-17 (V)", AS A "PERMITTED USE"; AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT" (B) "PERMITTED USES" BY ADDING "ABUSED SPOUSE RESIDENCE, TWELVE OR FEWER RESIDENTS, SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED USE"; AMENDING SECTION 30-8.2 "PRD-7 (PLANNED RESIDENTIAL) DISTRICT" (B) "PERMITTED USES" BY ADDING "ABUSED SPOUSE RESIDENCE, TWELVE OR FEWER - 17 - 05/13/86 RESIDENTS, SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED USE"; AMENDING SECTION 30-8.3 "PRD-10 (PLANNED RESIDEN- TIAL) DISTRICT" (B) "PERMITTED USES" BY ADDING "ABUSED SPOUSE RESIDENCE, TWELVE OR FEWER RESIDENTS, SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED USE"; AMENDING SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DIS- TRICT'' (B) "PERMITTED USES" BY ADDING "ABUSED SPOUSE RESIDENCE, TWENTY OR FEWER RESIDENTS, SUBJECT TO SECTION 30-17 (V)", AS A "PERMITTED USE"; AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT" (B) "PERMIT- TED USES" BY ADDING "ABUSED SPOUSE RESIDENCE, TWENTY OR FEWER RESIDENTS, SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED USE"; AMENDING SECTION 30-8.7 "RO (RESIDENTIAL OFFICE) DISTRICT" (B) "PERMITTED USES" BY ADDING "ABUSED SPOUSE RESIDENCE, FORTY OR FEWER RESIDENTS, SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED USE"; AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (B) "PERMITTED USES" BY ADDING "ABUSED SPOUSE RESIDENCE, FORTY OR FEWER RESIDENTS, SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED USE"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for adoption of Ordinance No. 32-86 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty was concerned about the provision to allow up to four abused spouses to occupy a room; he feels that is excessive and suggested a maximum of two. Mrs. Horenburger advised that there is difficulty getting these types of facilities funded, the need is great and those in need are happy to have a place to go regardless of how many are in a room. Upon question by Mr. Bird, she advised that the organizers of this program have had input into the ordinance. At this point the roll was called to the motion. 34. Two-Cent Local Option Gasoline Tax. Resolution No. 29-86, requesting the Palm Beach County Board of Commissioners to adopt an additional two-cent local option gasoline tax to increase revenue to finance roadway improvements in the County, is before Council for consideration. The City Manager presented Resolution No. 29-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE PALM BEACH COUNTY BOARD OF COMMIS- SIONERS TO ADOPT AN ADDITIONAL TWO-CENT LOCAL OPTION GASOLINE TAX; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 29-86 is on file in the official Resolution Book) Mr. Bird moved for adoption of Resolution No. 29-86, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird noted that the County is voting on this issue tonight. The City Manager advised that this is on tonight's agenda because Council requested that he send a letter, which he did, followed up by a resolution. Mr. Weatherspoon stated that he spoke to two commissioners who voted against this; their reasons were that they were comtemplating raising the bed tax and state tax but mainly because they had over 18+ million dollars left unspent from last year. Mr. Bird stated the County has a problem with its Engineering Department which needs to be addressed but the fact remains that a portion of this money will come back to service the City's needs. - 18 - 05/13/86 At this point the roll was called to the motion. 35. Ordinance No. 33-86 - Amending Code - In-Lieu Fees for Off- Street Parking Spaces. Ordinance No. 33-86, amending Chapter 30 "Zon- ing'', of the Code of Ordinances to clarify that City Council shall determine the appropriateness of permitting in-lieu fees for off-street parking spaces, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 27th. The City Manager presented Ordinance No. 33-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DIS- TRICT'', SUBSECTION (J), "ALTERNATE OFF-STREET PARKING REGULATIONS", SUB-SUBSECTION (1), TO PROVIDE IN CHAPTER 30 THE CLARIFICATION OF THE CITY COUNCIL'S INTENTION THAT THE CITY COUNCIL SHALL DETERMINE THE APPROPRIATENESS OF PERMITTING IN-LIEU FEES FOR OFF-STREET PARKING SPACES AND THAT SUCH FEES SHALL BE PAID DIRECTLY TO THE CITY FOR ITS FURTHER ALLOCATION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird advised that the reason he added this to the agenda is to formally adopt an already established Council policy. They may want to address the buy-out cost at some time in the future. Mr. Bird moved for the adoption of Ordinance No. 33-86 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 10:55 P.M. · ~ City 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 May 13, 1985, which minutes were formally approved and adopted by the City Council 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. - 19 - 05/13/86