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06-10-86 JUNE 10, 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, June 10, 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 Reverend James Roy, Abbey Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Ken Simback stated that the applicant for Item 26, Patio Delray, has requested that the application be postponed until after July 1st. Mr. Weatherspoon requested that Item 14 be removed from the Consent Agenda and placed at the beginning of the regular agenda. Mrs. Horenburger moved for agenda approval, subject to post- poning Item #26 until after July 1st and moving Item 14 from the Consent Agenda to the Regular Agenda,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. PUBLIC HEARING 5. Ordinance No. 33-86 - Amending Zoning Code - In-Lieu Fees for Off-Street Parking. Ordinanc~ No. 33-86, amending Chapter 30 "Zoning" of the Code of Ordinances that ~2he City Council shall determine the appropriateness of permitting in-lieu fees for off-street parking, 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. 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. (Copy of Ordinance No. 33-86 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. 33-86 on Second and FINAL 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. 6. 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 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. 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. (Copy of Ordinance No. 34-86 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. 34-86 on Second and FINAL 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. 7. 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 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. 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. (Copy of Ordinance No. 35-86 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. - 2 - 06/10/86 Mrs. Sheila Tone, 635 N.W. 53rd Avenue, thanked City Council for the recent ordinance change raising the number of children permitted in family day care centers and for proposing to lower the license fee from $100 to $20 for baby sitters. However, while the lowered fee would be a great help, she feels it should be lowered further to $10. Mrs. Tone outlined the expenses involved in opening and operating a day care center. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 35-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Wea- therspoon stated they have taken a great stride by lowering the fee from $100 to $20 and he feels it is fair as it stands. Mr. Dougherty had concerns with regard to youngsters who baby sit on occasion; he felt this ordinance might be opening them up to some liability for not having a license. He suggested they set a certain amount of earnings, $100 for example, before requiring a license. Mr. Bird stated that if people choose to use non-professional help, such as neighboring teenagers to mow their lawns, baby sit, etc., then those people should not look to the City for support. If people want guarantee of a reasonable standard, then they should deal with a licensed businessperson. At this point the roll was called to the motion. 8. Ordinance No. 36-86 - Annexation - Section 3. Ordinance No. 3"6-86, repealing Ordinance No. 98-85 for settlement purposes relating to annexation of Section 3, 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. 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. (Copy of Ordinance No. 36-86 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. 36-86 on Second and FINAL 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. 9. Exchange of Real Property - City and Salina Realty. Resolution No. 31-86, relative to exchange of Parcel No. 1 owned by the City, for Parcel Nos. 2 and 3, now owned by Salina Realty, located at the northeast corner of the intersection of East Atlantic Avenue and Salina Avenue, is before Council for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 31-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING PURSUANT TO THE CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, AND SECTION 2-7(b) OF - 3 - 06/10/86 THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, THE EXCHANGE OF REAL PROPERTY OWNED BY THE CITY OF DELRAY BEACH LOCATED IN LOTS 17 AND 18, BLOCK 1, OCEAN PARK, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 31-86 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. 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 Resolution No. 31-86, 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. PROCEDURAL ITEMS 10. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of May 27, 1986 and Special Meeting of May 20, 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. ll.a.1. Mr. Dougherty requested that Council conduct a full discussion of its position with regard to the Courthouse at the next workshop. He does not understand how the meeting of June 4th took place between the County and the negotiating committee without Council having established a policy. Mrs. Horenburger stated that, under her items, she was planning to ask that Mr. Simback be permitted to speak on this. She suggested that he be allowed to speak after Item ll.d. With regard to the June 4th meeting, Mayor Campbell stated he was there and no policy decisions were made. All they did at that meeting was to listen to some suggestions and look at some proposals. They made it clear that the City's position had not changed but they were willing to listen to what the County had to say. Upon question by Mr. Dougherty, Mayor Campbell advised that by Council action they officially appointed Mr. Ken Simback to be the City's representative in the negotiations with the County. Mr. Dougherty moved to have a discussion of the Courthouse on the next workshop agenda, 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. ll.a.2. Mr. Bird stated that FPL has been working diligently to obtain an appropriate site for the relocation of the FPL District Office. They have selected a site which is part of an overall site. He is asking Council to agree to allow that 3 acre site to be platted separately from the additional acreage. Mr. Bird moved to allow the site to be platted separately, 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, Mr. Bird advised that the property is located on South Congress and 29th Avenue. At this point the roll was called to the motion. - 4 - 06/10/86 ll.a.3. Mr. Bird stated he shares Mr. Dougherty's concern with regard to any policy change relative to the Courthouse location but he feels an additional delay may harden attitudes. Mr. Bird moved to change tonight's agenda to add an Item ll.e. to be a report from Mr. Ken Simback, Executive Director of CRA, relative to the Courthouse, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Dougherty felt it was out of order to change the agenda in the middle of a meeting and questioned if it is permissible under Robert's Rules. Mayor Campbell stated that he is chairing the meeting and he permits it. If Mr. Dougherty disagrees with his ruling, he can bring it up at a later time. At this point the roll was called to the motion. ll.a.4. Mrs. Horenburger thanked everyone who worked on the Delray Beach Enclave Act. ll.a.5. Mr. Weatherspoon stated that over the past few months he has noted an additional amount of traffic in the area of Pompey Park accompanied by the drinking of alcohol and parking violations. The normal patrons are having a problem getting to and from it. Further, officers have been observed passing there and doing nothing about it. Mr. Weatherspoon asked staff to make sure their ordinances are being enforced. ll.a.6. Mr. Weatherspoon stated there is a sand pile, just north of Linton Square on the east side of Congress Avenue. He believes it is not in compliance with the height restriction they impose. ll.a.7. Mayor Campbell complimented Mrs. Horenburger on the fine job she did in lobbying in Tallahassee. He also recognized Kathy Daley who Council sent to Tallahassee to lobby and Tom Robb, Intern, who did the local work on that issue. ll.a.8. Mayor Campbell read into the record a letter he received from Ken Simback as follows: "At the request of City Council, the CRA has reviewed the information presented by Jim Johnson and our Master Planning Consultants concerning the fee for payment in lieu of parking in the CBD District. By a unanimous vote of the Board, the Agency is recommending to Council that the fee be raised to $5,000 per space. It is the intent of the Board in making this recommendation to structure a fee that is representative of the average land value in the downtown area in addition to the actual construction and landscaping cost and factor in the loss of future tax revenue and future maintenance and replacement cost." It was the consensus of Council to schedule this item for their next workshop meeting. ll.a.9. Mayor Campbell advised there is a Project Literacy U.S. to enlist community support in solving the literacy problem. Cohosted by WPEC TV 12 and WXEL TV 42, it will take place on June 18, 1986, at 8:00 A.M. at the Palm Beach Airport Hilton. Any members of the community or Council interested in attending can get more information from the City Manager. ll.a.10. Mayor Campbell noted that a formal resignation has been re- ceived from Mr. Christopher O'Hare, Landscape Architect, Beautification Trust. Mr. O'Hare wishes to spend more time in his profession and, possibly, be available for professional consultation with the City. - 5 - 06/10/86 ll.a.ll. Mayor Campbell raised the following items with regard to the minutes of May 27, 1986: Relative to the proposal for urban home- steading, the City Manager advised he has an oral report for Council. With regard to the agreement with the County relative to the 2 cents gas tax, the City Attorney advised that he checked the formula and it is correct. With regard to the request from Willie Sharpe regarding a stop sign at the intersection of S.W. 8th Avenue and 2nd Street, the City Manager advised that it is being reviewed by the Public Works Department presently and he will report back on it. Mayor Campbell stated that Mrs. Horenburger raised the issue of the CRA and the amount of space; he asked that copies of the report regarding land values and approximate cost of improvement be distributed to Council prior to the next work- shop meeting. ll.b.1. The City Attorney advised that with regard to Item 33, In- surance Requirements for Comprehensive Plan, his office has no recom- mendation; that is a policy decision for Council. Mrs. Horenburger left the Council Chambers at this time. ll.b.2. The City Attorney reported that in regard to the Carolyn and William Young vs the City case set for trial on June 30th, there is a possibility himself and other members of his office may be called as witnesses. Therefore, they are no longer ethically permitted to be counsel to the City. They have convinced Adams Weaver of Johnson, Sassa, Randolph and Weaver, to come in and defend the City at this late date and he has agreed to do so. Mr. Dougherty moved to retain Adams Weaver to defend the City, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. ll.b.3. The City Attorney stated that this lawsuit is Robert Jones vs the City of Delray Beach and four individually named defendants. This case is an action for negligence against the City for alleged excessive use of force by certain police officers. They have also sued the police officers individually for different kinds of allegations, intentional torts for assault and battery. Being that there would be the obvious conflict of interest potentially between the City's position on those issues and the individual defendants' position, there is a need to retain outside counsel. They recommend retaining A1 Coogler of Adams, Coogler, Watson and Merkel in West Palm Beach to defend the individual defendants in that case. Mr. Bird moved to retain A1 Coogler, seconded by Mr. Weather- spoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird asked that the record show that both attorneys be hired at the rate of $125 an hour. Mrs. Horenburger returned to the Council Chambers at this time. ll.c.1. The City Manager reported that they have received a proposal from Hamlet to prepare an agreement between the City and Hamlet Corpora- tion for beautifying the medians in front of Hamlet on West Atlantic Avenue. Hamlet would submit a plan for sprinkling and would pay for sprinkler installation and related work, water use for sprinkling purposes, electrical cost and they would maintain the sprinkler system. In return, they are asking that the City sod the medians and, possibly landscape, similar to those on Federal Highway in Boca Raton. They would also like the City to obtain DOT permits for the pipe crossing of the sprinklers on Atlantic Avenue. The City would be responsible for the maintenance of the landscape or sodding. The City Manager asked for direction from Council. Mr. Bird noted that they have committed to moving ahead with this area and he feels this is the lowest cost they will get to do a demonstration project. Mayor Campbell added that they could reimburse themselves from the revenues for the Beautification tax at the appropri- ate time. Mayor Campbell asked the City Manager to provide a cost estimate, adding that at that time they will have formal ratification. - 6 - 06/10/86 It was the consensus of Council to proceed with the agreement. Upon question by Mr. Dougherty, the City Manager advised that all work would be subject to approval by the City and DOT. Discussion was had with regard to beautifying to Barwick Road. Mrs. Horenburger suggested that the Engineering Department talk to the people from Hamlet. Mayor Campbell asked the City Manager to look into the feasibility of that and report back to Council. 11.c.2. The City Manager requested and recommended that Mr. Tom Robb, City Manager Intern, who has been working temporary and going to school, be reclassified from a part-time position to a full-time position, with a title of Management Analyst and establishing the position in Grade 20. Mr. Bird moved to reclassify Mr. Tom Robb as recommended, seconded by Mr. Weatherspoon. Mr. Weatherspoon stated that in his opinion the Assistant City Manager is the one who handles the extra work which the City Manager cannot handle. In lieu of the fact they are contemplating a structural study, he feels this reclassification is not warranted at this time. Mr. Dougherty felt that this action should wait until budget time. Mrs. Horenburger agreed but added that in the meantime she feels they should reclassify him as Mr. Robb is in the middle of several important pro- jects. Mr. Bird suggested a temporary reclassification subject to ratification at budget time. Upon question, the City Manager advised that temporary employees receive no benefits. Mr. Bird amended the motion to approve the reclassification subject to ratification at budget time and in light of a management study, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Weatherspoon stated he would prefer to see the position left as is for now and taken up at a budgetary session after the study is completed. At this point the roll was called to the motion. 11.c.3. The City Manager stated that at the May 13th meeting, Council expressed interest in having an organizational analysis done to try to improve a number of areas within the organizational structure such as staffing, attitudes, etc. He feels this study should be done by an outside firm and recommends the firm of Mercer Slavin who are currently doing management consulting for Palm Beach County and are very familiar with this type of study and environment. He advised that he has asked Mercer Slavin to prepare a proposal based on Council discussions and they have indicated that they would do an in depth study for $27,500. Mayor Campbell stated that he will be unable to vote as he just received the material this evening and has not had a chance to read it. Upon question by Mr. Bird, the City Manager advised that they have not received written input from any other firms. He added that since this is not covered by the Competitive Negotiations Act or by their ordinance they decided to discuss it with a firm that has a national reputation. Mr. Bird felt they should review more than one applicant and asked how long it would take to get additional proposals from other nationally ranked firms. The City Manager replied they could have them in about two weeks. Mr. Bird moved to direct the staff to prepare the RFP with a suspend date on it so that they would have those to take action on at the first formal Council Meeting in July, seconded by Mr. Dougherty. 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. - 7 - 06/10/86 Before roll call, Mr. Dougherty suggested that perhaps City Council should retain and direct this study rather than the City Manager. The City Manager disagreed, adding that the City Council makes the decision as to who will be the consultant but the consultant has to work closely with the Council, the City Manager and Department Heads in order for the process to work. He considers it a managerial prerogative to be involved in any kind of managerial study of the City. At this point the roll was called to the motion. ll.d.1. Mr. Roger Boos, builder/developer of Delray Place, 220 S.E. 10th Street, advised that they have a serious drug problem at Delray Place, at Apt. 301-A, and across the street where D&R Landscaping used to be. They have people parking their cars in their project and going across the street and to 301, and people sleeping on the walkways. They call the police and the police laugh about it. Mayor Campbell stated they will take that under consideration and will ask the Police Chief and City Manager to report back on the allegations made. ll.d.2. Mr. Sam Schwimer, Pines of Delray, commended Mrs. Horenburger for the work she did in connection with the Enclave Act. ll.d.3. Mr. Schwimer suggested, with regard to the Managerial Study, that Council give consideration to utilizing the services of college students to conduct the study. ll.d.4. Mrs. Helen Coopersmith, PROD, asked if anything has been done with regard to the City's review of Boards and Committees. Also, she asked how long it will take, what will happen to the board members whose terms have expired in the meantime and what happens to people who would like to become committee members. Mayor Campbell stated that these questions need to be pursued and if any member of Council deems it appropriate to put on next week's workshop, they will do so. ll.d.5. Mrs. Elizabeth Matthews, Beach Property Owners Association, stated they are in opposition of a decision by the CAB relative to an office building on Seabreeze Avenue. They are protesting against the colors being allowed by CAB. They feel that ordinance provisions have been ignored and that this approval is not in harmony with the area. They request that Council put this item on its next workshop and allow public discussion. Mayor Campbell stated they will take that under consideration and added that Council has changed procedure so that Council would be the final body before any site plan is concluded. Therefore, there would be a final review process of CAB. ll.d.6. Mrs. Matthews noted that a Council-appointed Land Use Plan Committee worked all last summer and, with the concurrence of the Planning and Zoning Board, gave a final report to Council. She questions what happened to it. They have heard nothing about the Land Use Plan or the citizen input. She and others would like to know the current status of it. Mayor Campbell requested that the City Manager give a brief overview in two weeks, i.e., where it is, how long it's going to take, and where they are going on it. ll.d.7. Mr. Stanley Katz, spoke on the County Courthouse issue. The City has gone from giving the County four acres to giving six acres to 10 acres. It is his understanding that residents and businesses will have to be uprooted and they will have to give up the tennis courts. Also their already overworked Police Department will have to give police protection against vandalism if they go forward with the Courthouse. They will be giving away millions of dollars worth of tangible property and nobody can definitely say what benefits the City will get out of it. He was in support of giving the four acres, not 10 acres and not to move residents, tennis courts, etc. - 8 - 06/10/86 ll.d.8. Mr. Wilbur Wilkins, 230 S.E. 10th Street, Delray Place, echoed Mr. Boos comments. He is very concerned about the apparent lack of activity by the Police Department on their complaint. Further, he wonders if getting rid of their County pockets will benefit them any on police protection. ll.d.9. Mr. Ralph Dye stated that about three years ago when Mr. Law was Interim City Manager, the Internal Audit Committee did a study at the request of certain Council Members. That study did not address the full spectrum of what is being proposed now but it could be used as a prefatory reading for the Council in the interim. The five members of the IAC were highly qualified; each had a graduate degree and each had had a responsible management position. If that study can be located, he would urge Council to look at it. ll.d.10. Mrs. Alice Finst, 707 Place Tavant, stated she has seen the Park & Recreation Director's capital improvement program for 1986-87; he suggests a number of things for Barwick Park such as parking lot, irrigation, entranceways, engineering, etc., at a cost of $78,150 but there is no mention in his proposal of playground equipment. Funds are being proposed for the 86-87 budget but they will not be talking about releasing those funds until September. They have $260,000 in impact fees and she feels it's time to do something to improve Barwick Park and make it usable and attractive. She asked if Council has a commitment to do something about Barwick Park, does Council plan to do it in the near future and will Council decide what to do with impact fees. Mayor Campbell suggested they have Mr. Weldon give them a preliminary review of his budgetary recommendations at the next workshop meeting. Council concurred. Mayor Campbell advised that they have been spending impact fees; they have been making regular appropriations for recreational projects. ll.d.ll Mr. Theodis Brown stated there is a problem with the cars at Pompey Park out to 10th Avenue. It's a dangerous situation in which the cars are up so close that the children have no place to walk. Street lights are needed in that area and there is a also a drainage problem. ll.d.12 With regard to beautification, Mr. Brown stated there is a need to eliminate some old buildings on West Atlantic Avenue from Georgia Town Tavern back as there is no way to fix them up satisfactorily. They are also having a problem with drugs in the community and he feels it must be dealt with. ll.d.13. With regard to the Courthouse, Mr. James Bowen, PROD, ques- tioned why they are listening to the County's outlandish requests. He stated it is the County's job to determine the best location for the Courthouse and it should be up to the County to provide the land for it. He feels they should not go above a 4+ acre gift. The taxpayers need to be told what the City is giving up, the total cost of the project and whether it wouldn't be better to spend that kind of money downtown where it will do some good. ll.d.14. Mrs. Elaine Roberts, 312 N. Swinton Avenue, concurred with Mr. Dye's comments. She added that there are universities nearby that could also be of some help with the study. She feels that $27,500 is a lot to pay for a management study. ll.e. Mr. Ken Simback, Executive Director of CRA, gave a presentation with regard to the Courthouse issue. He advised that he attended a meeting with the County on May 30th and there is a genuine interest on the part of the County's team to effect the location of the Courthouse on Atlantic Avenue. The County still feels that the 6 1/2 acres is not adequate to support future expansion and they would prefer to have up to 10 acres available. The CRA agreed to look at what the cost of the additional 3 1/2 - 4 acres might be and to jointly request appraisals. - 9 - 06/10/86 Mr. Simback stated he needs direction from Council as to (1) whether the City would provide a boundary survey of the 6+ acre parcel at a cost of approximately $1500; (2) the relocation of any utilities that might be located within the right-of-way of 1st Street between 2nd Avenue and 3rd Avenue (there is an 8 inch water main along 1st Street); (3) the County's request regarding the City's provision of a security officer for the Courthouse. There was also the issue of who would be responsible for paying the impact fees. The three impact fees under consideration are (1) water and sewer; (2) road; (3) building permit fees. He added that the County would like to undertake some initial site planning before there is any more discussion on the future use of the police station. Mr. Simback advised that there is another meeting scheduled for Friday, June 14th, at which they were going to further discuss the language with regard to security police and uses auxiliary to the Court- house. He recommends they not discuss the possible donation of addi- tional land until they receive the appraisals and the County's position as to whether they would request the City to acquire the land. They have no intention of undertaking any meaningful negotiation prior to some direction from City Council. Mayor Campbell asked that the specific queries be put into a question format for consideration and put into Council's packet. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 12. 10th Annual Sunrise Kiwanis Beach Festival. Council is to consider a request for use of the beach across from the Holiday Inn Camino Real for the Beach Festival to be held on Saturday, July 26th from 10 a.m. to 2 p.m. Approval is recommended. 13. Chemicals at Water Treatment Plant. Council is to consider award of a contract for sodium aluminate to the low bidder, Vinings Chemical, with funds to come from the 1985/86 budget. Estimated yearly use is 1,070,000 pounds at an estimated cost of $200,000. Approval is recommended. 15. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of May 29th Meeting. Council is to consider ratification of SCRWTD Board action relative to: a. Contract for engineering services required for sludge management plan between SCRWTD Board and Hazen and Sawyer, Engineers. b. Change in procedure for processing payments for materials stored on-site regarding the S.G. Phillips Constructors Corporation of Florida contact for expansion of the plant. This was approved by the SCRWTD Board by a vote of 9-0. 16. Chemicals at Lift Stations. Council is to consider award of a contract to the low bidder, Allied Universal for sodium hypochlorite, with funds to come from the 1985/86 budget. Estimated yearly use is 400,000 gallons at an approximate cost not to exceed $115,000. Approval is recommended. 17. Acceptance of Easement Deed - High Point of Delray Condominium Sections 5 and 6. Council is to consider acceptance of an easement for maintenance and operation of sanitary sewer and water lines within the High Point of Delray Condominium Sections 5 and 6. Approval is recom- mended. 18. Request for Solicitation of Funds - Palm Beach TRY Center. Council is to consider a request for solicitation on July 26, 1986. Approval is recommended. 19. Subdivision Improvements Guarantee - Ocean Cay. Council is to consider a request for approval of return of $5,000 subdivision improve- ments guarantee to Ocean Cay as the property is for sale. Approval is recommended. - 10 - 06/10/86 20. Change Order No. 1 - Western Well Field Test Well Program. Council is to consider approval of Change Order No. 1 which decreases the original contract price by $18,030.25 for a new contract price of $90,194.75. All work is 100% complete and the final payment due Alsay- Pippin Corporation is $4,509.74. Funds are available in the 1983 Revenue Bonds. Approval is recommended. 21. Interlocal Agreement for Imposition of a Gas Tax. Council is to consider authorizing execution of an agreement between the City and Palm Beach County relative to imposition of an additional $.02 gas tax. 22. Summer Employment. Council is to consider funding of $8,000 from Council contingency for two teachers to be used in the Code Enforcement Division during the summer. 23. Site Plan Extension - Pelican Harbor Shoppes. Council is to consider a request for site plan extension for the approved site plan which expires June 23rd. As this request was made after the 45 day deadline, an expiration extension of 29 days to July 22, 1986 is recommended. Approval is recommended. 24. Soap Box Derby. The Delray Beach Sunrise Kiwanis has requested a change in the dates for 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, July 6th 7:00 a.m. - 7:00 p.m. Practice Saturday, July 12th 5:00 a.m. - 9:00 p.m. Race Day Sunday, July 13th 5:00 a.m. - 9:00 p.m. Rain Date 25. Alley Abandonment - Block 61. Resolution No. 32-86, vacating and abandoning the south three feet of the east/west alley lying north of and adjacent to the north line of Lot 11 within Block 61, located on the west side of Swinton Avenue, between Atlantic Avenue and S.W. 1st Street, is before Council for consideration. The caption of Resolution No. 32-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE SOUTH THREE (3) FEET OF THE EAST/WEST ALLEY LYING NORTH OF AND ADJACENT TO THE NORTH LINE OF LOT 11, BLOCK 61, TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 32-86 is on file in the official Resolution Book) Mr. Bird moved for adoption of the Consent Agenda less Item 14, 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 14. Micro Computer Maintenance Survey and Cleaning. Council is to consider award of a contract to the low bidder, I.T.T., for survey of micro computers in various City departments at a cost of $1,120 and cleaning at a cost not to exceed $14,000, with funds to come from the various departmental 1985/86 budgets. Upon question by Mr. Weatherspoon, Mr. David Huddleston, Finance Director, explained that this bid was conducted by the Palm Beach County Cooperative Purchasing Group which is a group of Purchasing Administrators from various municipalities and County agencies in the State. Of 21 vendors that received requests for proposals, six re- sponded. The Cooperative Group reviewed them with the assistance of the Data Processing Directors for each of the municipalities. It is a - 11 - 06/10/86 cleaning and survey process, initially. They will go through inventory with the D.P. staff and itemize the parts that are at each work station. Based upon their bid per unit, they will decide which units to put on the contract. They were low bid by about $500 and there were other qualifying factors that the Cooperative Group considered. Upon further question, Mr. Huddleston explained it will be a preventive maintenance cleaning initially and they will also do the part repairs. They have guaranteed a four hour response time for replacement of parts and diagnosis. Mr. Weatherspoon moved to award the contract to I.T.T., sec- onded 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. 27. Discussion relative to City Entryway Signs. It was the con- sensus of Council to postpone until the next regular meeting. 28. Selection of Enterprise Zone areas. Mayor Campbell explained, for the public, that this is a continuation of a discussion that was held at the last workshop wherein the City is making application for a renewal of Delray Beach's Enterprise Zone which requires a designated boundary. He stated he feels discussion of this item should be held at a workshop meeting. Mrs. Horenburger outlined the procedures for filing an application and stated she has some serious doubts as to whether they should go ahead or not. There is an enormous amount of work involved and their chances do not look that good. In addition, they are running out of time. Mr. Bird moved that they not apply for the Enterprise Zone, seconded by Mr. Dougherty. Mr. Weatherspoon felt they should have staff look at the conditions of application and tell them whether or not they can meet them within the time frame. Mr. Bird withdrew his motion and Mr. Dougherty his second. Mr. Bird moved to table this item until June 17, 1986 at 7:00 P.M., seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 29. Discussion of Urban Homesteading (Council Member Bird). Mr. Bird reported that water and sewer are the only expenditures that would be required in order to have an Urban Homesteading test program. He requests that Council do two things: (1) of the $75,000 they currently have, to reserve $30,000 and release the other $45,000 for other community development projects in the current year; and (2) that they commence announcements that they are contemplating this program and looking into doing the 14 lots in the area north of Carver Estates. Mr. Bird moved that $30,000 in community redevelopment funds be retained for the purpose of putting sewer lines on the north periphery of the City owned property so as to make that property available for test marketing and urban homesteading and, secondly, that the balance of $45,000 be released to community development for other uses and that they bring recommendations forward at the next meeting, 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 the following discussion was had: In response to questions brought up at the last meeting, the City Manager advised that this project does not interfere with any others; it does not conflict specifically with the Housing Authority because the Housing Authority is developing a tract of land to the south of Carver Estates and this is to the north. One thing that will have to take place in the development of the guidelines is that 51% of the individuals that utilize the units would have to be of low or moderate income families. - 12 - 06/10/86 The indication is that they will have a lot of applicants; the question is whether or not they will qualify. Staff will be working to establish guidelines in accordance with federal regulations and then try to work with the banks to make sure they can get loans. At this point the roll was called to the motion. 30. Conditional Use and Site Plan Approval Extension - Lake Ida Professional Plaza. Council is to consider a request for an 18 month extension to December 12, 1987 of the conditional use and site plan approval for Lake Ida Professional Plaza, a 54,712-square foot office development with drive-thru banking facilities, located at the northwest corner of Congress Avenue and Lake Ida Road. Current approval will expire on June 12, 1986. The Planning & Zoning Board and Planning Director recommend approval subject to the following conditions: (1) A variance is required in order to reduce the thirty (30) foot landscape strip along Congress Avenue. Prior to issuance of any building permit, a site plan must be approved showing the required or varied landscape strip. (2) That prior to the issuance of any building permits, an additional seven (7) feet of right-of-way be dedicated to the City along Congress Avenue by right-of-way deed. (3) In addition to road impact fees otherwise required, a contribution shall be made to the City of Delray Beach to assist in the construction of two additional lanes on Congress Avenue (i.e., to ultimately widen the road from four lanes as programmed to six lanes as planned), along the frontage of the property. To ensure that adequate roadway capacity is available to serve this development in the future, such contribution shall be made in accordance with the following fair share formula: (a) 9 external trips X percent of trips assigned to Congress Avenue frontage = # assigned trips (AT). (b) AT divided by capacity of 2 additional lanes (i.e., 14,000 trips per day) = project percent of additional necessary capacity (PP). (c) PP X cost of 2 additional lanes for 1 mile ($750,000 or other approved amount) X # miles of frontage on Congress Avenue = fair share contribution. The above contribution shall be calculated for the entire property and each building. Such calculation must be approved by the City prior to issuance of a building permit. The amount so derived for each building shall be paid at the time of the Certificate of Occupancy for that building. Provided, however, that at such time as Palm Beach County lets a contract for the construction of the fifth and sixth lanes on Congress Avenue, the balance of the total amount due shall be payable to the City by the owner(s), upon thirty (30) days written notice by the City. (4) Provide a traffic study in order to reestablish traffic adequacy and need for turn lanes (per Engineering Division comments). (5) The accessibility of the west fire hydrant is obstructed by the proposed teller drive-thru islands. Relocate fire hydrant or provide through access (per Fire Department comments). (6) That revised water and sewer plans be submitted addressing the concerns of the Public Utilities Department regarding water connections as proposed (per Public Utilities Department comments). (7) Add a note to the site plan indicating that all irrigation shall be from a source other than City water. (8) The new entrance off of Lake Ida Road should align with the entrance on the south side of Lake Ida Road. - 13 - 06/10/86 (9) Delete two (2) parking spaces from the southwest corner of the southerly most parking area to provide the required setback from Lake Ida Road when the indicated fourteen (14) foot dedication is conveyed. (10) This approval will expire within eighteen (18) months unless at least twenty-five percent (25%) of the total cost of improvements are made by that time. If the approval so expires, a request for an extension must be made in accordance with Section 30-21(E) of the Zoning Code. (11) That the conditions of approval of the original conditional use and site and development plan remain in effect unless subsequently modified by this approval. Mrs. Horenburger moved for approval of an 18 month extension for Lake Ida Professional Plaza subject to the conditions, 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. Bird, Mr. Cohn advised that they conform to current regulations. At this point the roll was called to the motion. 31. Conditional Use and Site Plan Approval - Morse (Ho¥1e) Cadillac. Council is to consider a request for conditional use and site plan approval for Morse Cadillac, a six bay addition to an existing body shop building, a new 20 bay service center, and a new two story service office building, located south of Linton Boulevard, between South Federal Highway and Dixie Highway. The Planning & Zoning Board and Planning Director recommend approval subject to the following conditions: (1) That automotive sales be allowed as a conditional use, with the accessory uses of automotive paint and body shop and automotive repair shops and garages also allowed. (2) That only sixteen (16) parking spaces be utilized at this time for car display. Specifically designate all display spaces on plan, and on tire stops. (3) The additional twenty-six (26) feet which is in excess of the required eighty (80) foot right-of-way for Dixie Highway be abandoned prior to receipt of a Certificate of Occupancy and that this area be irrigated and landscaped by the owner (Hoyle Cadillac-Oldsmobile, Inc.). (4) That all signs shall have a minimum setback of fifteen (15) feet and shall conform to the current sign code and be approved by the Building Department and Community Appearance Board. (5) That the site plan be revised to show the following: (b) A ten (10) foot landscape strip be provided along Dixie Highway (west frontage) adjacent to the interior perimeter of the property line, in addition to the area to be abandoned. (c) Open the landscape strip on the north end of the eastern drive which is located in the parking area directly south of the proposed six (6) bay body shop addition. (6) That a drainage plan be submitted to the Engineering Division for approval. (7) That trees adjacent to U.S. #1 and southern perimeter be spaced no more than forty (40) feet on center. (8) That a solid hedge be planted around the bullpen area 4 1/2 feet high, except for a vision-obscuring gate at the entryway. (9) That siamese connections and post indicator valves be provided for each of the sprinkled buildings within the supply line to the building and not within the yard piping and hydrant supply. (10) That all improvements are to be completed in accordance with the approved site plan. (11) Water service to the new twenty (20) bay building requires that an additional meter be connected to the existing main located in the right-of-way along Federal Highway. - 14 - 06/10/86 (12) That the fire line proposed for service of the additions will be maintained by the owner. (13) This approval will expire within eighteen (18) months unless at least twenty-five (25) percent of the total costs of the improvements are made by that time. If the approval expires, a request for an extension must be made in accordance with Section 30-21(E) of the Zoning Code. Mr. Bird moved for conditional use and site plan approval subject to the conditions, 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. 32. Water Service Agreement - Lot 36, Delray Beach Estates. Council is to consider a request for approval of a water service agreement for Lot 36, Delray Beach Estates, located on the east side of North Federal Highway, between the Delray Drive-In Theatre and Gulfstream Boulevard. The Planning & Zoning Board and Planning Director recommend approval. Upon question by Mayor Campbell, Mr. Cohn, Planning Director, advised that the new addition conforms to the Land Use Plan but not the existing building. There is a storage warehouse facility on the property as well as an existing deteriorated residential unit. The proposal is to take down the residential unit and replace it with an office use. The Board felt that, given the fact that the warehouse use would continue to exist whether in the County or the City, that they should be looking at the new building being proposed. Since it was consistent, they recommended approval. Mr. Dougherty questioned if they should be giving water service to areas that were exempt from the Enclave Act. Mr. Bird stated that the language does not preclude voluntary annexation on the part of those exempt areas; the City Attorney concurred. Mr. Cohn added that the water service agreement before Council includes an annexation agreement. Mrs. Horenburger also had concerns about giving water service to areas exempted from the Enclave Act. Mr. Bird stated he feels they need to accept and welcome those properties into the City as they become available subject to reviews by their Boards. Upon question by Mrs. Horenburger, Mr. Cohn advised that the applicant will be going through City site plan approval so Council will be seeing it. Further, the water service agreement states that he agrees to submit to the City's site plan approval process in accordance with City Codes. Mr. Bird moved for approval of the agreement, 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. 33. Insurance Requirements/Traffic Consultant for Comprehensive Plan. Council is to consider a request to amend the Walter Keller contract relative to the insurance requirements. The City Attorney explained that the Traffic Consultant for the Comprehensive Plan bid on a contract that had certain insurance require- ments. He has not met those insurance requirements and is requesting that the City modify them to the extent of his current insurance as sub- mitted. The people from Sivers who reviewed it indicated that they do not meet our requirements, would not provide us the type of liability coverage that we would otherwise require, but that the risk of potential liability is more remote than with other consultants. It is a policy issue whether Council wishes to modify the requirements. Mrs. Horenburger moved not to modify the insurance require- ments, seconded by Mr. Bird. Mr. Walter Keller, consultant, stated that his current insurance coverages have been amended as far as his insurance company can amend them to provide the City's requirements. He has been advised by his agent that to meet all the City requirements he would have to go to another policy which would cost about $1200 and it would probably take about 30 days for another insurance company to pick it up. They - 15 - 06/10/86 are doing a planning study for the City; the insurance requirements the City has adopted are geared more for construction and design activities. The only disagreement they have is the language that's part of the binder endorsement that adds the City as additional endorsement; they have provided all the other coverage. , Mrs. Horenburger left the Council Chambers at this time. Mr. Bird made a substitute motion to approve the insurance as submitted by Walter Keller, seconded by Mr. Weatherspoon.I Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion pass!ed with a 4 to 0 vote. i 34. Ordinance No. 37-86 - Amending Sign Code. Ordinance No. 37-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to signs and billboards, is before Council for consideration on First Reading. If passed, Public Hearing Will be held June 24th. The City Manager presented Ordinance No. 37-86: 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 CIITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE VIII, ?SIGNS AND BILLBOARDS", AND ENACTING A NEW ARTICLE VIII, 'ISIGNS AND BILLBOARDS", TO PROVIDE FOR TITLE, PURPOSE, CONSTRUCTION OF LANGUAGE, EFFECT OF CONFLICT WITH STANDARD BUILDING CODE, PERMITS REQUIRED, EXCEPTIONS, PERMIT APPLICATIONS, PERMIT AND REINSPECTION FEE, ISSUANCE OF PERMITS, NUMBERING, CONTENTS OF PERMITS, LICENSE PREREQUISITE TO ISSUANCE OF PERMIT, SIGNS TO BEAR PERMIT NUMBER, CERTAIN SIGNS OR STRUCTURES PROHIBITED, AESTHETIC REGULATIONS, SIGNS PERMITTED AND REGULATED, SPECIAL SIGNS, CLEARANCE HEIGHT AND SETBACKS, :RIGID CONSTRUCTION, WIND LOADING, HAZARDOUS SIGNS AND MATERIALS MISLEADING ADVERTISING, REMOVAL WHEN BUSINESS DISCONTINUED, AUTHORITY TO INSPECT, ORDER CORRECTIONS, NONCONFORMING SIGNS, PROCEDURE ON VIOLATIONS, UNSAFE SIGNS, AND EMERGENCY POWERS; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 37-186 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote.~ Before roll call, Mayor Campbell stated that he Wants to go ahead with this; however, he is disappointed and hopes that Council, in the future, would not turn down any quality changes they might consider to this. As far as he is concerned, the battle is not over With regard to the size and nature of signs. At this point the roll was called to the motion. 35. Ordinance No. 38-86 - Culverhouse Annexation. ordinance No. 38-86, relative to annexing a 0.57-acre parcel, subject to R~IA (Single Family) zoning district, located on the east side of Palm Trail, between N.E. 8th Street and Witherspoon Lane, is before COuncil for consideration on First Reading. If passed, Public Hearing will be held July 8th. The City Manager presented Ordinance No. 38-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEAC! LOT 4, FIRST ADDITION TO KENMONT, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CI]~CUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORD}:D IN PLAT BOOK 22, PAGE 24, WHICH LAND IS CONTIGUOUS TO - 16 - 06/10/86 EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST SIDE OF PALM TRAIL, BETWEEN N.E. 8TH STREET AND WITHERSPOON LANE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SUCH LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 38-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Council Chambers at this time. 36. Ordinance No. 39-86 - Bill Wallace Ford Annexation. Ordinance No. 39-86, annexing a 1.62-acre parcel, subject to SC (Specialized Commercial) District, located at the southeast corner of Germantown Road and Queens Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 8th. The City Manager presented Ordinance No. 39-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 16 THROUGH 21, INCLUSIVE, SANDS O' SEA, A SUBDIVISION IN THE COUNTY OF PALM BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 27, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF GERMANTOWN ROAD AND QUEENS AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 39-86 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. 37. Ordinance No. 40-86 - Zakos Annexation. Ordinance No. 40-86, relative to annexing a 0.35-acre parcel, subject to R-1AA (Single Family Dwelling) District, located on the north side of Lake Shore Drive, between N.W. 6th Avenue and N.W. 8th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 8th. The City Manager presented Ordinance No. 40-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE NORTH SIDE OF LAKE SHORE DRIVE, BETWEEN N.W. 6TH AVENUE AND N.W. 8TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 40-86 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. - 17 - 06/10/86 38. Ordinance No. 41-86 - Amending Zoning Code - Foster Homes and Group'Homes. Ordinance No. 41-86, amending Chapter 30 "Zoning" of the Code of Ordinances to provide minimum distance requirements between group homes and other residential care facilities, is before Council for consideration on First Reading. If passed, Public Hearing will be held on June 24th. The City Manager presented Ordinance No. 41-86: 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 30-8.8 "FOSTER HOMES AND GROUP HOMES" (H) "SPECIAL REGULATIONS", (2) TO PROVIDE MINIMUM DISTANCE REQUIREMENTS OF 1,500 FEET BETWEEN GROUP HOMES AND OTHER RESIDENTIAL CARE FACILITIES; 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 the adoption of Ordinance No. 41-86 on First Reading, seconded by Mr. Bird. Mr. Bird questioned why they chose a figure of 1500 feet. Mrs. Horenburger stated she believes the intent is to prevent many group homes bunched together in the same area. Mr. Bird felt that what they are really saying is that they will allow four homes in the City. He feels they need to review this further to see if that is what they really intend. It seems to be a very restrictive ordinance. Mrs. Horenburger made a substitute motion to refer this back to the Planning Department and Planning & Zoning Board for further con- sideration, 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, upon question, Mr. Cohn advised that the current ordinance provides for a 2500 foot separation between homes. The Planning Department was concerned that they might not be able to meet all the needs for the various type facilities with that restrictive a separation requirement so they suggested 1500 feet. However, that could be modified down to whatever Council feels is appropriate. At this point the roll was called to the motion. 39. Ordinance No. 42-86 - Amending Zoning Code - Towing Services and Attendant Storaqe Facilities. Ordinance No. 42-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the definition of towing services and attendant storage facilities, supplementary regulations and inclusion as a conditional use in the LI (Light Industrial) and MI (Medium Industrial) Districts, is before Council for consideration on First Reading. If passed, Public Hearing will be held on June 24th. The City Manager presented Ordinance No. 42-86: 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" BY ADDING A DEFINITION OF TOWING SERVICES AND ATTENDANT STORAGE FACILITIES; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW SUBSECTION (W) "TOWING SERVICES AND ATTENDANT STORAGE FACILITIES", PROVIDING PARKING, SCREENING AND LANDSCAPING; AMENDING SECTION 30-14 "LI (LIGHT INDUSTRIAL) DISTRICT", (C) "CONDITIONAL USES" AND SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "TOWING SERVICES AND ATTENDANT STORAGE FACILITIES, SUBJECT TO SEC. 30-17 (W); AMENDING SECTION - 18 - 06/10/86 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT", (B) "PERMITTED USES" TO DELETE "AUTOMOBILE AND PARTS FACILITIES OR YARDS, EXCLUDING NEW OR USED CAR SALES"; AMENDING SECTION 30-1 "DEFINITIONS" TO DELETE "USED CAR JUNKYARD"; AMENDING SECTION 30-1 "DEFINITIONS" BY ADDING A DEFINITION OF JUNKYARD; AMENDING SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "JUNKYARDS, SUBJECT TO CHAPTER 14, ARTICLE II, CITY CODE OF ORDINANCES"; 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 the adoption of Ordinance No. 42-86 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. 40. Ordinance No. 43-86 - Amending Zoning Code - Alcohol and Druq Abuse Treatment Facilities. Ordinance No. 43-86, amending Chapter 30 "Zoning" of the Code of Ordinances to allow alcohol and drug abuse treatment facilities as a conditional use within certain zoning districts, is before Council for consideration on First Reading. If passed, Public Hearing will be held Jun 24th. The City Manager presented Ordinance No. 43-86: 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 DELETE (8) "BOARD AND CARE HOMES"; AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" TO DELETE "BOARD AND CARE HOMES, SUBJECT TO SEC. 30-1(8)"; AMENDING SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" TO DELETE "BOARD AND CARE HOMES, SUBJECT TO SEC. 30-1(8)"; AMENDING SECTION 30-1 "DEFINITIONS" BY ADDING A DEFINITION OF ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW SUBSECTION (X) "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES", PROVIDING MINIMUM FLOOR AREA, ROOM FACILITIES, MINIMUM LEISURE FLOOR AREA, LICENSING REQUIREMENTS, STATE AND COUNTY REGULATIONS; AMENDING SECTION 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", (C) "CONDITIONAL USES", SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING DISTRICT", (C) "CONDITIONAL USES", SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT, (C) "CONDITIONAL USES", SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT", (C) "CONDITIONAL USES", SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES", SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT, (C) "CONDITIONAL USES", SECTION 30-13 . 1 "LC (LIMITED COMMERCIAL) DISTRICT" , (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES, SUBJECT TO SEC. 30-17(X)"; 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 the adoption of Ordinance No. 43-86 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. - 19 - 06/10/86 41. Ordinance No. 44-86 - Amending Code - Landscaping. Ordinance No. 44-86, amending Chapter 9, "Building and Construction" of the Code of Ordinances relative to required landscaping adjacent to public rights-of-way, is before Council for consideration on First Reading. If passed, Public Hearing will be held June 24th. The City Manager presented Ordinance No. 44-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDING AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE X, "LANDSCAPING", BY AMENDING SECTION 9-378 (D) "REQUIRED LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-WAY" SECTION (1) BY AMENDING THE REQUIRED DEPTH FROM TEN (10) TO FIVE (5) FEET, BUT THAT IF THE ZONING CODE REQUIRES ADDITIONAL DEPTH REQUIREMENTS THAT THE ZONING CODE SHALL PREVAIL; AMENDING SECTION 9-378 (F) "PARKING AREA INTERIOR LANDSCAPING" SUBSECTION (1)(B) BY REQUIRING THAT THE LANDSCAPE AREAS SHALL BE PLACED AT INTERVALS OF NO LESS THAN ONE LANDSCAPE AREA FOR EACH TEN (10) PARKING SPACES; PROVIDING A SAVING CLAUSE, PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 44-86 on First Reading, seconded by Mr. Dougherty. Mayor Campbell noted that they just changed the required landscaping to ten feet several months ago; he questioned why they are changing it again. Mr. Jim Johnson stated the problem was that there is no way to grant a Variance if its in the landscape code; if it's in the Zoning Code, one can apply to the Board of Adjustment. Mayor Campbell had concerns over why they are going through this twice. Mrs. Horenburger didn't understand the logic of it. Mr. Bird felt they need the flexibility this provides. Upon question, Mr. Johnson advised this gives relief to the CBD District. Mayor Campbell stated this appears to be a staff error and he urged Council to workshop this as he is very uncomfortable with it. Mr. Weatherspoon made a substitute motion to postpone this ordinance and refer it to the workshop meeting, 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. Mayor Campbell declared the meeting adjourned at 10:20 P.M. M A Y O R The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of June 10, 1986, which minutes were formally pprovedand adopted the ~t/~ - by City Council on JCity 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. - 20 - 06/10/86