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05-27-86 MAY 27, 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 27, 1986. 1. Roll call showed: Present - Council Member Richard J. Dougherty Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Council Member Malcolm T. Bird Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Richard Barnes, Unity of Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger stated that Item 24, regarding Urban Home- steading, is an item which Mr. Bird wished to discuss. The City Manager advised that Mr. Bird did not want this item withdrawn and has advised him of what he wished to say. Mrs. Horenburger stated she thought they were going to establish a policy that if the Council Member who brings something up is not present then they would not discuss it. Upon question, the City Manager advised that Mr. Bird wished to state that it was his intention that he wanted staff to start taking applications for seven or eight lots to see if they can get people interested in applying. It is his opinion that if the water lines are where we believe they are, the cost would be very minimal to the City. Mayor Campbell stated that if they get the location of the land, the amount of money needed and a more precise description of the program, then they could make a decision on this. However, Council needs to have that information first. The City Manager stated staff will put together an analysis of the program. Mr. Dougherty suggested they delete this item from the agenda. Mrs. Horenburger moved for agenda approval with the deletion of Item 24, 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. PUBLIC HEARING 5. 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 Second and FINAL 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. 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. 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". (Copy of Ordinance No. 26-86 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, spoke in favor of the ordinance and stated that he feels this ordinance will help make the neighborhood the centerpiece of Delray. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 26-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. 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. 6. 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 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. 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. (Copy of Ordinance No. 27-86 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. Mrs. Horenburger moved for the adoption of Ordinance No. 27-86 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. 7. 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 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. 28-86: -2- 5/27/86 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) 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 -3- 5/27/86 (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. (Copy of Ordinance No. 28-86 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. Mrs. Sheila Tone, 635 N.W. 53rd Avenue, spoke in favor of the ordinance and advised it complies with the rest of the County which she feels is very important. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 28-86 on Second and FINAL Reading, 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. 8. 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 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. 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. (Copy of Ordinance No. 29-86 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. 29-86 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - -4- 5/27/86 Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 30-86 - Amending Code - Community Appearance ~oard. 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 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. 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 APPEAR- ANCE BOARD VOTES SPECIFICALLY TO DISAPPROVE THE SUBMITTED PLANS AND SPECIFICATIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 30-86 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. 30-86 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mrs. Horenburger stated that while she does have a few problems with this ordinance she feels that in the interim, before they review all the boards, it will at least clear up some of the ambiguity that has been seen when there is not a full Board. She hopes that when they do study the basic functions of the CAB that they can clarify some things. Mayor Campbell stated, in his opinion, this ordinance mas- culates the board and puts the burden on the City to disapprove rather than on the developer to come up with a viable plan. He looks at this as a weakening of the CAB and not in the best interests of the City. At this point the roll was called to the motion. 10. 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 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. 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 -5- 5/27/86 REGULATIONS" (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. 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. Mrs. Madeline Pulitano, Rainberry Bay, questioned why this amendment is here because it does not benefit anyone and she feels it is not very clear at all what they are amending. Mayor Campbell advised this is the result of many applications for variances in several neighborhoods and is to avoid having to repeat both costly and time consuming variances. The City Attorney advised that if Council is going to talk about the substance of the ordinance in its City-wide application they could go ahead; however, Mrs. Pulitano is litigating this issue cur- rently with the City and any discussions concerning her specific prob- lems should be reserved. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 31-86 on Second and FINAL Reading. Said motion DIED for lack of a second. 11. Ordinance No. 32-86 - Amending Zoning 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 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. 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 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 -6- 5/27/86 "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. (Copy of Ordinance No. 32-86 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. 32-86 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. PROCEDURAL ITEMS 12. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of May 13, 1986 and the Special Meeting of May 6, 1986, 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. Mayor Campbell stated they are now getting into comments and inquiries on non-agenda items and urged that Council try to cut down as much as possible on their comments. 13.a.1. Mr. Weatherspoon stated that he attended the Memorial Services yesterday at the Cemetery and Veterans Park. He would like to ask staff to be more sensitive when these types of events are taking place as the water sprinklers were on and a few other things happened which should have been taken care of beforehand. 13.a.2. Mr. Weatherspoon complimented staff on their promptness in addressing one of the houses for the rehab program which was burnt out last week. 13.a.3. Mrs. Horenburger reported on House Bill 1061. She advised that they received official word this afternoon that the Bill is on the House calendar for Friday. Mrs. Horenburger stated she would like to compli- ment Ms. Kathy Daley on the work she has done in Tallahassee and every- one in the City who has taken the time to write or call the Legislature in support of this act. 13.a.4. Mr. Dougherty stated he would agree with Mr. Weatherspoon's comments about the sensitivity of staff on Memorial Day and also noted that Council itself was not very sensitive inasmuch as there were only two persons who attended the services. 13.a.5o Mr. Dougherty stated, with regard to the Mayor's comments about making their comments short, that he has some problems with that. He feels it is an opportunity for the public to be better informed and putting a time limit on their discussions is inappropriate. 13.a.6. Mr. Dougherty stated, with regard to the annexation bill, that it seems that every day they have more exclusions to what is going to be annexed. He would like to know exactly what they are going to annex; are they going to annex all those things which are uneconomical to the City or are they going to annex those areas which would, potentially, add to the City's economic stability. He feels that Council should adopt a specific policy with respect to annexation and water and sewer -7- 5/27/86 services so that people really know what advantages they are getting and what they are in for. 13.a.7. Mr. Dougherty stated he has had two or three people talk to him about the water pressure in Shadywoods, Tropic Pines and Pines of Delray. It seems to him that they have never had a real report as to whether or not they have water pressure available for normal service. Mayor Campbell stated that they do have a report from the City's advisors which came out about four months ago. Pursuant to that report they have begun a capital improvement program in order to improve the pressure by completing some lines. He suggested that if Mr. Dougherty has not seen the report that he should get a copy from the City Manager. 13.a.8. Mr. Dougherty stated that Council was supposed to receive a report with regard to the tennis courts; however, they have still not received one. 13.a.9. Mr. Dougherty questioned what happened to the housing investi- gation proposed by Mr. Bird. 13.a.10. Mr. Dougherty stated the City received a proposal from the County with regard to the Courthouse. He questioned what they are doing about it. Mrs. Horenburger advised they were waiting for the County to tell the City who their negotiating team would be comprised of. Mr. Dougherty stated he feels they should not have to wait on the County, the City should be deciding on what they are going to do. 13.a.ll. Mr. Dougherty stated he feels it is about time Council has a meeting to sit down and start addressing issues and policies. They cannot do it at these types of meetings; they need to take a whole day and discuss all the major issues in front of the City. 13.a.12. Mayor Campbell stated, with regard to Mr. Dougherty's comments, that every person on Council and many members of the public have their own agenda for trying to improve the City. Unfortunately, Council is a collegial body and no one person can operate on their own. They do expect everyone to work outside the Council Chambers in studying and working on the issues than merely commenting on them one night a week. He complimented Mrs. Horenburger on spending countless hours in Talla- hassee lobbying for the Enclave Bill. With regard to some of the items raised by Mr. Dougherty, Mayor Campbell stated if there is a consensus to move forward on any item then it is incumbent upon Council to put pressure on the administration. 13.a.13. Mayor Campbell stated he received some communication from the Board of County Commissioners regarding an interlocal agreement. Should the County adopt an additional 2 cent gas tax, the cities and the County will share - 2/3 going to the County and 1/3 going to the cities accord- ing to a schedule previously worked out. He believes the agreement is based upon the existing interlocal agreement regarding the four cents which is collected. He requested that the City Attorney check the formula to make sure it is the same as agreed to prior. If there is an urgency, they could call a special meeting before the workshop next Tuesday; if not, it could be placed on the agenda for the next regular meeting. 13.b. There were no non-agenda items by the City Attorney. 13.c.1. The City Manager stated the City has a number of vehicles which have been wrecked over a period of time and they have been trying to come up with a policy to deal with this. They are proposing that the City dispose of the vehicles by award to the highest salvage bidder rather than a general public auction. This is a change of policy and he is recommending that Council adopt this particular policy. Mr. Weatherspoon moved to approve the policy as outlined in the memorandum dated May 27, 1986, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - 8 5/27/86 Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 13.c.2. The City Manager stated that on the Consent Agenda there are a number of Community Development Block Grants. Since that item was prepared they have gone into an emergency process to award a rehabilita- tion grant to the Bonaby family whose home was burnt out last weekend. They have received bids on it, the individuals do comply with the guidelines and would recommend that Council award the contract to Henry Haywood in the amount of $11,456. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. Mr. Dougherty moved to award the contract to Henry Haywood in the amount of $11,456, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Vice-Mayor Weatherspoon reported on the families whose homes were burned out last week. 13.c.3. The City Manager stated, with regard to a control area for towed vehicles at the Public Works garage, they have obtained quotes for placing aluminum slats in the fencing around the compound area. The figure will be $3,995. Mayor Campbell returned to the Council Chambers at this time. 13.d.1. Mr. Rance Plume, 409 Lake Drive, presented a petition signed by members and players of the Delray Beach Municipal Golf Course requesting that something be done about the lessee of the restaurant at the course. 80% of the members will not patronize the restaurant because they have been insulted by the lessee. 13.d.2. Mr. Willie Sharp, S.W. 14th Avenue, stated three years ago he asked the City to put a four-way stop sign on S.W. 12th Avenue and S.W. 1st Street. There have been a lot of accidents there and they need a sign. He also asked that the City consider putting in a stop sign at the intersection of S.W. 8th Avenue and S.W. 2nd Street. Mayor Campbell asked that the City Manager give Council a report on this item. 13.d.3. Mr. Robin Smith, 1202 N.W. 2nd Street, questioned what the procedure is for garbage pickups on holidays. Mayor Campbell suggested that Mr. Smith contact the City Manager as he is the administrator of the garbage contract. 13.d.4. Mr. Bill Raybon, 2303-B Lowson Boulevard, reiterated the comments made by Mr. Plume about the golf course. 13.d.5. Mr. Thomas Johnson, 315 N.W. 2nd Street, stated there are many people in the City who violate the traffic laws and he suggested that it may help if people get the tag numbers and turn them into the authori- ties. CONSENT AGENDA Mr. Dougherty requested that Item 18 be removed from the Consent Agenda and placed as first item on the Regular Agenda. The following items are to be considered by Council as the Consent Agenda: 14. Community Development Block Grant Program Activities - Housing Rehabilitation Grant Awards and Contract Awards. Council is to consider approval of the following Housing Rehab Grant Awards: -9- 5/27/86 Low Bidder Location Amount Fidler/Brown 18-1/2 N.W. 12th Avenue $ 4,331 Gimini Construction 512 S.W. 9th Street 8,657 Henry L. Haywood 501 S.W. 7th Avenue 8,390 Henry L. Haywood 513 S.W. 15th Avenue 12,590 Gimini Construction 231 N.W. 5th Avenue 16,480 Funds are available in the Community Development Block Grant Program. Approval is recommended. 15. Change Order No. 1 - Repair of Storm Drain at 945 Tropic Boulevard. Council is to consider approval of Change Order No. 1 in the amount of $3,685.20 to increase the total contract price to $8,685.20 for storm drain repairs, with funds to come from the 1985/86 budget. Approval is recommended. 16. Soap Box Derby. The Delray Beach Sunrise Kiwanis has requested use of the Linton Boulevard Bridge for the purpose of holding the 4th Annual Goldcoast All American Soap Box Derby. Dates needed for closure of the bridge are: Sunday, June 22nd 7:00 a.m. - 7:00 p.m. Practice Saturday, June 28th 5:00 a.m. - 9:00 p.m. Race Day Sunday, June 29th 5:00 a.m. - 9:00 p.m. Rain Date The bridge draw span will not be affected during any of these times, enabling it to open and close normally for boat traffic. Lane for emergency would be kept clear at all times for passage from U.S. Highway 1 to A1A. Approval is recommended. 17. Final Plat Approval - Procacci Office Center. Council is to consider a request for final plat approval for Procacci Office Center (formerly known as Office Building), located at S.W. 4th Avenue and Linton Boulevard. It is zoned POC (Planned Office Center) and contains 0.498 acres. The Planning and Zoning Board and the Planning Director recommend approval with the following condition: (1) That the sidewalk proposed along S.W. 4th Avenue be constructed to maintain a two foot separation between the outside edge of the sidewalk and the edge of pavement and a minimum sidewalk width of four feet. 19. Nuisance Abatement. Resolution No. 30-86, assessing costs of abating nuisances in accordance with Section 13-13 on 3 parcels, is before Council for consideration. The caption of Resolution No. 30-86 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; PROVID- ING 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. 30-86 is on file in the official Resolution Book) Mrs. Horenburger moved for approval of the Consent Agenda, as amended, 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. REGULAR AGENDA 18. Downtown Drainage Study Agreement. Council is to consider authorizing execution of an agreement between the City and Barker, Osha -10- 5/27/86 & Anderson, Inc., for the downtown drainage study at an approximate cost of $54,100, with funds to come from the Capital Improvement Fund. Approval is recommended. Mr. Dougherty questioned what staff's estimate is of the total cost of the project. Mr. Henry Glaus, Barker, Osha, Anderson, stated that the figure of $54,100 is the maximum amount unless there is additional work re- quired by the City to enhance the study. He outlined some possible work which may be required by Council which is not included in the agreement amount. Discussion was also had with regard to the insurance carried by Barker, Osha & Anderson. Mr. Weatherspoon moved to authorize execution of an agreement with Barker, Osha & Anderson, Inc., 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. 20. Discussion of Selection of Financial Advisor for Beautification Financing. Mr. David Huddleston, Finance Director, stated this item was placed on the agenda so that staff could get direction from Council with regard to financing for the $2.5 million beautification program. He advised Mr. Stanley Ross, from Dean Witter Reynolds, is here tonight with three financing options to present to Council for consideration. Mr. Stanley Ross, Dean Witter Reynolds, stated he understands Council is looking to finance a beautification program and the debt service would be paid from revenues generated by a 1% increase in the utility tax. He advised they have considered three options: (1) issu- ance of Utility Tax Revenue Bonds, (2) participation in the Florida League of Cities Financing Pool and (3) Private Placement with Commer- cial Bank. Mr. Ross outlined each option. He recommended, due to the small size of the issue with regard to the Utility Tax Revenue Bonds, that Council retain the services of Dean Witter Reynolds as underwriter and eliminate the cost of financial consultants, advertising and print- ing of preliminary statements. Upon question by Mayor Campbell, Mr. Ross advised he would probably know in about two months whether or not the banks would fall under the tax-exempt status with regard to the interest. They did check with Barnett Bank and they would be interested. Mayor Campbell stated he feels this would be the best route to go and would recommend that they look at this alternative more strongly than the others. Mrs. Horenburger left the Council Chambers at this time. Upon question by Mr. Dougherty, Mr. Ross advised he could give Council a schedule of costs for each of the options. It was the consensus of Council that Mr. Ross get some more estimate figures which they can look at. They could then workshop this item when it is convenient for Mr. Ross. Mr. Weatherspoon moved to retain the services of Mr. Stanley Ross of Dean Witter Reynolds, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Mr. Huddleston advised that Congress is tentatively going to recess on August 15th and they expect before then that something will become clearer with regard to the bond issue. Upon question by Mayor Campbell, the City Manager advised that they have a proposal for the landscape architect which has been drafted and is presently in the City Attorney's Office for review. He would like Council to look at the Request For Proposal to see if there are any -11- 5/27/86 suggestions or changes they may wish to make. If Council wishes he could place this on the next workshop agenda. Mrs. Horenburger returned to the Council Chambers at this time. 21. Conditional use and Site Plan Approval - Patio Delray. Council is to consider a request for conditional use and site plan approval to allow renovation of an existing restaurant into a restaurant, retail shops and an office development containing 12,046 square feet, in a three-story structure and to allow the use of adjacent RM-10 (Multiple Family Dwelling) District property for off-street parking. The property is located at the southwest corner of East Atlantic Avenue and Palm Square. It is zoned CBD (Central Business District), in part, and RM-10 (Multiple Family Dwelling) District, in part. The Planning and Zoning Board and Planning Director recommend approval with conditions. Mr. Carl Gezelschap, attorney representing the owners of Patio Delray, stated the last time this item came before Council it was tabled pending resolution of the owners providing 14 more parking spaces. The owner and applicant have entered into an agreement with the owners of the lots in Block 133 to acquire a portion of the Block to provide sufficient area for parking. Any approval tonight could be made subject to their acquisition of that land. The City Attorney advised that the approval would also be subject to the other conditions as set forth in the Planning Depart- ment's memos. Mr. Weatherspoon moved to approve the conditional use and site plan approval for the Patio Delray, subject to the conditions as out- lined by the Planning and Zoning staff and also contingent on the owner acquiring the necessary property to provide the additional 14 parking spaces, seconded by Mrs. Horenburger. Mrs. Horenburger questioned what happened to the discussion they had at the last regular meeting with regard to providing 45 paved and landscaped spaces in conjunction with the City and the Downtown Development Authority. She would like an explanation as to what hap- pened to the proposal; did it die or did the Downtown Development Authority decide it was not a good idea after all. The area they are discussing is under parked. She understands this is not part and parcel of the Patio Delray's conditional use and site plan approval; however, since the 14 parking spaces were part of the 45 proposed, she would like to hear from the agencies who were involved to find out if it is a dead issue or not. If it is a dead issue, then they can go ahead and con- sider the conditional use and site plan approval. Discussion was had regarding prior discussion at the May 13th meeting of the 45 parking spaces. Mrs. Horenburger made a substitute motion to postpone the conditional use and site plan approval of the Patio Delray until they have clarification from the DDA, and whoever else was involved in the discussion and negotiation regarding the parking to the east of Palm Square, seconded by Mr. Dougherty. 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. The City Attorney stated for purposes of record, and the legislative intent behind the motion to postpone, would be to coordinate the efforts of the City and the DDA with respect to the provision of off-site parking and to make sure that the approval today of the pur- chase solely by this applicant would not preclude the City's efforts to develop the other parking jointly and/or separately with the applicant, and that's the basis to coordinate that - not a ruling or discussion on the motion nor the approval of the site plan or conditional use. Mrs. Horenburger stated she has no problem with scheduling it if no one else does before the next regular workshop meeting and would make that part of her motion. -12- 5/27/86 Mayor Campbell stated he would prefer that they have a workshop on the City's expenditure and desire with the DDA of purchasing any property. He feels that issue has got to be resolved first. The City Attorney advised you can make that two items on the same Special Meeting agenda. Therefore, it would be postponed to a Special Meeting to precede the workshop on June 3rd. 22. Teen Time '86. Council is to consider approval of use of the beach on Saturday, June 21, 1986 from 10:00 a.m. to 4:00 p.m. for a proposed Teenage Beach Party to salute graduating classes. Estimated cost to the City will be $369.25, with funds to come from the 1985/86 budget. Approval is recommended. Mr. Joe Weldon, Director of Parks and Recreation, outlined the different activities they will be holding and requested that Council approve this event. Mrs. Horenburger moved to approve use of the beach for a Proposed Teenage Beach Party, seconded by Mr. Dougherty. 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. Before roll call, the City Attorney advised that the motion should also include permission for City crews attendance at the beach at that time and that there would be no noise enforcement at that time. 23. Barwick Road School Site Agreement (Council Member Horenburger). Council is to consider approval of Barwick Road School site agreement. Mrs. Horenburger stated that on page 10 of the agreement she would like to see the words "except for the retention and drainage pond" inserted after the sentence "and/or construct such drainage system". Other than that amendment, she has no problem with the agreement. It was agreed that the owner would provide the site and the School Board would excavate the site for the retention and drainage pool in exchange for the fill. Mrs. Horenburger moved to approve the agreement as amended, 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. Before roll call the following discussion was had: Upon question by Mr. Dougherty as to whether the amendment had been discussed before, the City Attorney stated the matter of the dredging and the keeping of the fill was discussed by some members of the negotiators. It did not appear in the agreement at the time it was drafted because it had not been finalized. Mr. Tom Fleming, part owner of the school site property, stated he thought Mr. Maher's language in his draft was that the fill would be stockpiled on the owners' retained property. The City Attorney advised that is correct. Mrs. Horenburger stated she recalls discussing the matter of the fill with both the owners and the School Board. However, it was not included in the agreement. The reason this agreement is before Council tonight is that the School Board has set a deadline for this agreement and as this is the last regular Council meeting before the School Board's meeting they need to approve something. The City Attorney advised he has a proposed rider to the agreement. The School Board stated that they would not accept any further modifications to the agreement. With that in mind, and the deadline, this was placed on the agenda for approval. He would suggest that Council approve the document as stated by Mrs. Horenburger. Council would then be on record as approving it and it could be pre- sented to the School Board in that manner. If the owners of the -13- 5/27/86 property desire changes to it in the form of a rider, or amendment, before they are willing to execute it, then they could be negotiated. His concern is with what the School Board will do with any of the proposed changes. The City Attorney suggested that Council move for approval of the agreement with the amendment as suggested by Mrs. Horenburger, authorize its execution so that it can be presented to the School Board. At this point the roll was called to the motion. The City Attorney advised that he will discuss the proposed rider with Mr. Fleming and then bring it to the next workshop meeting. 25. Hamlet Clubhouse Addition. Council is to consider ratifying Technical Advisory Committee decision that no additional parking spaces would be required for the Hamlet Clubhouse Addition per Ordinance No. 74-85, Section 30-18(2) (F). Mrs. Horenburger moved to approve the Hamlet Clubhouse Addi- tion, ratifying the Technical Advisory Committee decision, 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. 26. Ordinance No. 33-86 - Amendinq Zoninq Code - In-Lieu Fees for Off-Street Parking. Ordinance No. 33-86, amending Chapter 30 "Zoning" of the Code of Ordinances that the City Council shall determine the appropriateness of permitting in-lieu fees for off-street parking, is before Council for consideration on First Reading. If passed, Public Hearing will be held June 10th. 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 REPEALING ORDINANCE NO. 31-85 WHICH AMENDED SECTION 30-13(J) (1); AND BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (J), "ALTERNATE OFF-STREET PARKING REGULATIONS", SUB-SUBSECTION (1), TO PROVIDE IN CHAPTER 30 THAT 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 GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney advised that Council has before them a revised version of Ordinance No. 33-86. The revision is the effective date language; they are reverting back to the date when the policy decision was initially adopted. Mrs. Horenburger moved for the adoption of Ordinance No. 33-86 on First 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. Before roll call, Mrs. Horenburger stated she feels they need to take a look at the in-lieu fees for off-street parking. They re- ceived some communication from the Community Redevelopment Agency and her understanding is that the recommended amount may be as much as $4,500 per space. She would like staff to study this issue, find out what the actual land costs for a parking space and what the paving costs and landscaping costs are. She suggested that they discuss some kind of moratorium on the fee until they determine a new one. At this point the roll was called to the motion. -14- 5/27/86 27. Ordinance No. 34-86 - Amending Ordinance No. 37-82, Section 2(G). Ordinance No. 34-86, amending Ordinance No. 37-82, repealing Section 2(G) and enacting a new Section 2(G), providing that regulations in Section 30-17(V) (3) (a) shall be applicable, is before Council for consideration on First Reading. If passed, Public Hearing will be held June 10th. The City Manager presented Ordinance No. 34-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 37-82 BY AMENDING SECTION 2(G) BY REPEALING AND DELETING THE CURRENT LIMITATIONS AND ENACTING A NEW SUBSECTION 2(G) WHICH PROVIDES THAT THE REGULATIONS IN SECTION 30-17(V) (3) (a) SHALL BE APPLICABLE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 34-86 on First Reading, 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. Before roll call the following discussion was had: Upon question by Mayor Campbell, the City Attorney advised he would not like to publicly state what the amendment is. If any Council Member wishes clarification they could contact him between first and second reading. He is not only worried about the legal position of the City if he did discuss this, but also the health, safety and welfare of people who would be involved in this approval. At this point the roll was called to the motion. 28. Ordinance No. 35-86 - Amending Code - Baby Sitter Occupational License Fee. Ordinance No. 35-86, amending Chapter 15 "Licenses" of the Code of Ordinances to reduce the license fee for baby sitting services from $100 to $20, is before Council for consideration on First Reading. If passed, Public Hearing will be held June 10th. The City Manager presented Ordinance No. 35-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, "LICENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 15-11, "SCHEDULE OF TAXES", SUB- SECTION (29), "BABY SITTER SERVICE", TO REDUCE THE LICENSE FEE FROM $100.00 TO $20.00; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 35-86 on First 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. Before roll call, upon question by Mr. Weatherspoon, the City Manager advised they found that other cities have a much smaller fee and they felt that $20 would be sufficient. Hopefully, this will also encourage people to take out the permits and the safety of the child will be taken care of. At this point the roll was called to the motion. 29. Ordinance No. 36-86 - Annexation - Section 3. Ordinance No. 36-86, repealing Ordinance No. 98-85 for settlement purposes relating to annexation of Section 3, is before Council for consideration on First Reading. If passed, Public Hearing will be held June 10th. -15- 5/27/86 The City Manager presented Ordinance No. 36-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 98-85 WHICH WAS PASSED ON SECOND AND FINAL READING ON SEPTEMBER 24, 1985 RELATING TO ANNEXATION; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 36-86 on First Reading, seconded by Mr. Weatherspoon. 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. Mayor Campbell declared the meeting adjourned at 9:38 P.M. City 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 May 27, 1986, which minutes were formally approved and adopted by the City Council on ~ ~ Cit~y 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. -16- 5/27/86