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06-24-86 JUNE 24, 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 7:05 P.M., Tuesday, June 24, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird (Arrived 7:12 P.M.) Council Member Richard J. Dougherty Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Assistant City Manager Robert A. Barcinski and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Dr. E. Wallace Mast, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for approval of the agenda, 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. 37-86 - Amending Sign Code. Ordinance No. 37-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordi- nances relative to signs and billboards, is before Council for consider- ation 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. 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 CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE VIII, "SIGNS AND BILLBOARDS", AND ENACTING A NEW ARTICLE VIII, "SIGNS AND BILLBOARDS", TO PROVIDE FOR TITLE, PURPOSE, CONSTRUC- TION 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 PRE- REQUISITE 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, AUTHORI- TY TO INSPECT, ORDER CORRECTIONS, NONCONFORMING SIGNS, PROCEDURE ON VIOLATIONS, UNSAFE SIGNS, AND EMERGENCY POWERS; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 37-86 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. 37-86 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. Mr. Bird arrived at this time. 6. Ordinance No. 42-86 - Amending Zoning Code - Towing Services and Attendant Storage 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 regula- tions and inclusion as a conditional use in the LI (Light Industrial) and MI (Medium Industrial) Districts, 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. 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 REGULA- TIONS'' 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 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; AMEND- ING SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "JUNK- YARDS, SUBJECT TO CHAPTER 14, ARTICLE II, CITY CODE OF ORDINANCES"; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING 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. Mr. Drew Zuccala, 220 North Congress Avenue, representing all the towing services in Delray, stated he has met with Mr. Johnson from the Building Department and the City Manager and there was supposed to be an amendment to the ordinance deleting some wording. They cannot put up concrete walls and landscaping on property which is leased or rented. He does agree that there should be some kind of screening, i.e. greenery or a fence. However, to have grass on the interior wall of a storage compound makes no sense. Mrs. Horenburger stated she has a problem with making any changes tonight and would like to see this go back to the Community Appearance Board and continue the public hearing on second reading. Mr. Paul Genelli, Paul's Towing Service, stated that last week the City called in all the towing services and asked them to remove 1,200 abandoned cars from the streets of Delray. However, this ordi- nance would make it very hard for them to do business. It would cost approximately $200,000 to construct a block wall around his property. The public hearing was closed. Mr. Dougherty stated that he would be inclined to word the ordinance so that the fence would be six feet high and adequately screened. -2- 6/24/86 Mayor Campbell suggested that they either make the two re- quested changes this evening (the concrete wall and the interior land- scaping) or they can have those amended and resubmitted and postpone final adoption for two weeks. Mrs. Horenburger stated she feels the Community Appearance Board may be able to take the time and address all the points raised and come up with something better than Council can in a minute or two. Mayor Campbell stated he would appreciate comments from the CAB; however, he questioned if they need the delay of sending it back again. Mrs. Horenburger stated they could even just have staff look at the ordinance rather than CAB. Mayor Campbell stated if they move the ordinance to a time certain they can get on with it and in the meantime have CAB members look at it and give their comments. Mr. Bird moved that this item be tabled until the regular Council Meeting of July 8th at 7:00 P.M., seconded by Mrs. Horenburger. 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. 7. Ordinance No. 43-86 - Amending Zoning Code - Alcohol and Drug 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 dis- tricts, 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. 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 "DEFINI- TIONS'' BY ADDING A DEFINITION OF ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 30-17 "SUPPLEMEN- TARY 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) "CONDITION- AL 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)"; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 43-86 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. -3- 6/24/86 Mrs. Phyllis Michael Felder, Director of the Wayside House, stated they have been running an alcohol treatment facility for almost 12 years and have been a great asset to the community. This ordinance change describes more accurately what they are doing and she is grateful for Council's consideration. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 43-86 on Second and FINAL 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. PROCEDURAL ITEMS 8. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of June 10, 1986 and the Special Meetings of June 3, 1986 and June 4, 1986, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9.a.1. Mrs. Horenburger stated that the Housing Authority would have been eligible to apply for a funding grant for a summer youth program; however, because of the cancellation of their insurance and their inability to get insurance in time to apply for the funding they were unable to establish this program. The Housing Authority has been able to earmark some funds from another source and established their own program. She feels the City should consider assisting the Authority's summer recreation program for this year only. The program will cost $20,000 and will be of similar length and duration as the City's own program. Mrs. Horenburger moved to appropriate $10,000, to come from Council Contingency, to assist the Housing Authority in their summer recreation program, 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 that he agrees with what Mrs. Horenburger said; however, he feels the City should wait to see if the Authority can obtain additional funds before they give them anything. Mrs. Horenburger stated she would like the Recreation Depart- ment to review their current program in light of the fact that for some years they have had a waiting list for the program. She feels they should either look for another funding source to broaden the program or cut it shorter to accommodate more young people. They should also look to some summer activity for one of the most troubled age groups which is the 13 to 15 year old. At this point the roll was called to the motion. 9.a.2. Mr. Bird introduced the Atlantic Community High School Eaglettes and gave a brief history of their achievements. He advised that they recently travelled to Los Angeles to compete in the Miss U.S.A. Dance Team competition and placed first which entitles them to be eligible to compete in the international competition to be held in Tokyo. Capturing the national title will also enable them to partici- pate in the Statue of Liberty rededication ceremonies. He is bringing them forward tonight because of the City's close association with Japan in having Miyazu as a sister city and to help make sure they get to the international competition by assisting with a short fall they have in funding. Ms. Carol Shedler, Principal of Atlantic Community High School, stated it takes approximately $30,000 a year to operate the Eaglettes. At this time, they are $6,000 away from the Tokyo trip and today is the deadline for getting the funds. They are asking for Council's help in -4- 6/24/86 sending the girls as ambassadors of their school, the City of Delray Beach and the nation. If Council will assist them, they pledge that they will go as a delegation to Miyazu and carry gifts from the school and the City. Mr. Bird moved that they fund $6,000 from Council Contingency, 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. 9.a.3. Mr. Dougherty stated Council received a letter from the Hospice by the Sea organization and having had some experience in the Hospice activities he has a very strong feeling about it. He would like Council to direct the administration to include in this year's budget a maximum of $10,000 in support of the Hospice. It was the consensus of Council to direct the administration to include this in the preliminary budget. 9.a.4. Mr. Dougherty referred to Section 3 of the Enclave Act and questioned if this would give the City access to other areas other than those which are totally enclosed. The City Attorney advised provided they lie within the general boundaries as described in the Act it would. 9.a.5. Mr. Dougherty stated he received a complaint concerning the noise of the air conditioning unit at the Marina Delray. He questioned if anything can or has been done. The City Attorney stated that the Police Department did make readings under the noise control section of the Code and found that the decibel count was insufficient to constitute a violation. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. Mr. Dougherty stated that if he lived across the street from an air conditioner, which was not mounted properly, he would want something done. He questioned if they could impose a * general persuasion upon the owner to have a look at the mounting of the air conditioner as there has to be some inadequacy to cause the sound or vibration to travel that distance. Mrs. Horenburger questioned if there was ever a presentation made to Council when the program was instituted as to what exactly the decibel machine does. The City Attorney advised there was a presenta- tion made and they explained that the machine only measures sound not vibration. She stated she feels Mr. Dougherty is correct as she has had many complaints from people complaining about an air conditioner whose sound reverberates off walls. She suggested that perhaps they should have staff look at the Codes with regard to installation of air condi- tioners. The City Attorney stated that there is a specific provision within the noise control ordinance dealing with air conditioning noise. There is also a provision in that section of the Code which sets vibra- tion limitations in addition to sound limitations; however, the City does not have the current machinery to do vibration measurements. Mr. Bird stated it may be instructive to provide the decibel reading information which was taken two years ago. Mayor Campbell returned to the Council Chambers at this time. Mayor Campbell advised that this matter is in litigation with regard to the operation and if they prevail in the law suit the entire operation will be shut down, including the air conditioner. If they do not prevail, it is his understanding that there are already people asking about renovation which would mean that the air conditioner would be replaced. · Amended at the July 8, 1986 meeting to read "... ge~e~e~ gentle persuasion ..." -5- 6/24/86 9.a.6. Mr. Dougherty stated that Council received copies of a memoran- dum with regard to a water service agreement with Mr. William E. Bowman. Mr. Dougherty moved that they approve the water service agree- ment with William E. Bowman, seconded by Mr. Weatherspoon. Mr. Bird stated that the memorandum indicates that this proper- ty is an incompatible use with the City's plan. Mr. Bird suggested that Mr. Dougherty amend his motion to include that staff be directed to create a dry storage conditional use in the General Commercial zoning district so that at the time the property is annexed into the City it will not be a spot zoning. Mr. Dougherty amended his motion as suggested by Mr. Bird, Mr. Weatherspoon amended his second. 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: The City Attorney stated that he assumes the motion to approve would be subject to the four conditions set forth in the June 3rd Planning Department memorandum and subject to the execution of the standard form water service agreement. Mr. Bird stated that condition 3 would have to be changed to an amendment to GC not LI and condition 4 would request annexation subject to GC not LI. Mr. Kilday, representing Mr. Bowman, stated that in order to move ahead they need a letter from the City stating that they do have a water service agreement. This would allow them to begin the processing in the County while they go through the same site plan process in the City. Mr. Dougherty stated that this is the last single piece of property on Military Trail which is adjacent to High Point Section 7. The people there have a concern with the Post Office, which is south of this property, as it will be a 24 hour operation. They are looking to Mr. Bowman's property as a protection and want to see it move ahead. At this point the roll was called to the motion. 9.a.7. Mr. Dougherty stated that at the last meeting the City Attorney sent a memorandum to Council regarding the negotiating team for the courthouse. Mr. Dougherty suggested that the City appoint a negotiating team to be chaired by the Mayor, co-chaired by the Chairman of the CRA and four other members be appointed, each appointee to be named by the four remaining Council persons; the team at that point can then select their own technical representatives, as needed. If Council agrees to such a team he would suggest that Council and the team determine what really is going to be the future positions and policies of the Council on the courthouse negotiations. Mr. Dougherty moved that Council appoint a negotiating team in the format he suggested, seconded by Mrs. Horenburger. Mrs. Horenburger stated she has no problem with appointing a negotiating team as Mr. Dougherty suggested; however, she does have a concern about its size. The County's negotiating team is primarily comprised of staff members and technical advisors. She would hate to have a committee which is too large and if they do appoint one she would like to see it limited to the Mayor, the Director of the CRA and any technical advisory staff who have been involved. Mayor Campbell stated that he feels the Council policy has been established and what they need are some people who are able to relay the policy to the County Commission. They also need an endeavor on the part of a committee more in public relations. He feels Council is the policy maker and they only need one person to be a negotiator and communicator. 6 6/24/86 Mr. Bird made a substitute motion that the negotiating team be comprised of the Mayor and such other persons as he shall choose to make members of the team, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Abstained; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated that they know what the County's proposals are and he feels to continue creating committees is not necessary and counter productive. Mr. Dougherty stated that the County has made substantial changes in their position in the last two months and Council has never really discussed them and formulated a policy. Mrs. Horenburger stated they did determine exactly how much land they would be willing to offer the County and, in the last couple of weeks, went over the other questions which were raised with regard to negotiating and had a consensus of each of those questions. She is not sure that as a Council Member she would like to appoint someone to make those policy decisions. She feels at this point there are technical matters to be addressed and those matters should be addressed through their technical personnel and brought back to Council. At this point the roll was called to the motion. 9.a.8. Mayor Campbell stated, with regard to the budgetary process, that he has heard there is going to be considerable additions with regard to personnel. The Police Department, in particular, is going to be asking for additional personnel and he feels this is one of the most important topics that Council needs to discuss and debate thoroughly in the upcoming year. They need to discuss the crime problem in Delray Beach and how they are going to solve it. He would like to see Council hold a preliminary special workshop meeting with staff and officials from the Police Department to discuss how they are going to approach the crime problem. He would also like the administration and Chief of Police to let Council know what other agencies may be necessary to approach the problem with cocaine, i.e., the Florida Department of Law Enforcement or the Federal Government. It was the consensus of Council to hold a special workshop meeting on July 29th. 9.b.1. The City Attorney stated that two weeks ago Council voted to expedite the platting of a tract of land owned by Alfiere-Pugliese. He was informed that their final plat approval went to the Planning and Zoning Board meeting last night and was postponed until their July 7th meeting in order to review the site plan for the tract. The argument was made to him that there was no site plan to be proposed and, there- fore, no purpose in delaying it. The Planning Staff recom- mend approval subject to the following conditions: (1) The applicant will resubmit copies of the conceptual survey to the Planning Department. (2) Permits are required from both the SFWMD and LWDD prior to building permit issuance. (3) Paving and drainage plans including drainage calculations are required (signed and sealed by a P.E.) prior to building permit issuance. (4) A fire hydrant shall be provided within 250 feet of any proposed buildings. (5) Site plan approval is required prior to building permit issuance. A traffic study shall be submitted at that time addressing the need for roadway improvements and traffic signal at Congress Avenue and S.W. 22nd Avenue. (6) A five foot sidewalk is required on S.W. 22nd Avenue. (7) A contribution of 50 cents per square foot of the total floor area devoted to offices will be required at Certif- icate of Occupancy. (Special impact fee for additional 1-95 Interchange capacity). -7- 6/24/86 (8) That all reviewed plans be submitted for staff approval within 30 days of City Council approval. Mr. Bird stated that approval of a plat has nothing to do with the site plan and he feels they should periodically inform the new members of the Board so that they are familiar with this. Mr. Bird moved to approve the plat, subject to staff recommen- dations, 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. 9.c.1. The Assistant City Manager advised that some time ago Council asked for the status on the Land Use Plan Policy Guide. That Guide has been completed and is scheduled for public hearing with the Planning and Zoning Board on July 21st at 7:00 P.M. and will come to Council for a public hearing on August 12th. 9.d.1. Mrs. Helen Coopersmith, 1222-D South Drive Way, representing PROD, read a prepared statement on how the members of PROD feel about the courthouse issue. 9.d.2. Mr. Theodis Brown, 616 Lake Ida Road, requested that Council consider resurfacing the sidewalks in his neighborhood as they are in bad condition. He stated he feels there should also be a trash pickup for the lots and sidewalks in this area. 9.d.3. Mr. Brown stated, with regard to Item 18, that he feels if they are going to have amusement game facilities they should be strictly for children. 9.d.4. Mr. Jesse Hubbel, ll00-A North Drive, Vice-President of PROD, stated they have no problem with the location of the courthouse; how- ever, they are opposed to giving away the Police Station, tennis courts or the Fire Station. It has taken years of effort, taxes and develop- ment to accumulate these facilities. PROD believes that if the County wants them they should purchase any or all of these facilities at a fair market price. This would enable the City to replace them. 9.d.5. Mr. Leroy Andrews, 618 S.W. 6th Avenue, speaking on behalf of everyone in his community, stated they live in the community where the courthouse will be established and feel they should have more to say about the situation. He stated they need more responsibility and Council should think more about the rights of the people in this area. 9.d.6. Mrs. Alice Finst, 707 Place Tavant, thanked the City staff and other persons in the community who attended the Land Use Advisory Board meeting this morning and spoke on behalf of the residents in the western area to stop the rezoning on Barwick Road and Atlantic Avenue. 9.d.7. Ms. Gertrude Greene, 3752 Lake Ida Road, stated she received a call today regarding the Union in the City and the feelings of some of its members that they were being walked on. She feels they need to put their own personal feelings aside and communicate. 9.d.8. Mr. Euqene Slattery stated he has been in this area for 16 years and sees the same problems here as what transpires up north with regard to crime. He advised that last year, in Palm Beach County, major crime rose 19.6%. He stated it does not matter how many uniformed people you put on the streets, as soon as they arrest someone they are let out again pending a hearing. He feels they need more jails in this area so that repeat offenders are not on the streets. 9.d.9. Mr. Thomas Johnson, 315 N.W. 2nd Street, stated he feels animosity between the people in this City will not accomplish anything and make bad matters worse. The people in the area where the courthouse is being considered are willing to work with Council and anything he can do to help he will. 9.d.10. Mrs. Doris Haynes, 124 S.W. 12th Avenue, stated she feels very sorry that as a black community they are not united and do not have an -8- 6/24/86 organization for anyone to come before Council to speak. She stated she is going to make time, go out into the community and ask for something they need. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 10. Requisition No. 5 - Foster Marine Contractors, Inc. Council is to consider authorizing payment of Requisition No. 5 in the amount of $35,029.33, Intracoastal Waterway crossing expansion, with funds to come from the 1984 Revenue Bond. Approval is recommended. 11. Request for Solicitation of Funds - Delray Beach Firefighters Benevolent Association. Council is to consider approving solicitation on July 26, 1986. Approval is recommended. 12. Change Order No. 2 - Force Main 60 Extension. Council is to consider approval of Change Order No. 2 from Barile Excavating & Pipe- line Company which increases the original contract price by $7,471.80, for a new contract price of $174,563.80 for extra pipeline, fittings and pavement replacement, with funds to come from the 1985/86 budget. Approval is recommended. 13. Contract with Ernst & Whinney. Council is to consider author- izing execution of three-year contract with Ernst & Whinney for auditing services, with funds to come from the 1986/87 budget. Approval is recommended. 14. Community Development Block Grant Program Activities - Housing Rehabilitation Grant Award and Contract Award. Council is to consider approval of the following Housing Rehab Grant Award: Low Bidder Location Amount First Construction of the Palm Beaches 715 N.W. 1st Street $17,000 Funds are available in the Community Development Block Grant Program. Approval is recommended. Mrs. Horenburger moved for approval of the Consent 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. REGULAR AGENDA 15. Resurfacing Project - 1986. Council is to consider award of a contract to the low bidder, Pavex Corporation in the amount of $186,625 for resurfacing of City streets, with funds to come from the 1985/86 budget. Approval is recommended. Mrs. Horenburger moved to approve award of a contract to Pavex Corporation, 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. 16. Irrigation - Barwick Park. Council is to consider appropria- tion of funds for irrigation at Barwick Park. The Assistant City Manager advised that Mr. Weldon's memorandum indicates that the irrigation system will cost approximately $27,400. Council requested this be placed on the agenda for possible allocation of funding to come from the Recreation Impact Fund. Mrs. Horenburger moved to approve allocation of the funds for irrigation at Barwick Park and that the funds should come from the Recreation Impact Fund, seconded by Mr. Bird. Upon roll call Council -9- 6/24/86 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. Roots Cultural Festival. Resolution No. 33-86, supporting the Roots Cultural Festival in their efforts to sponsor the 9th Annual Roots Cultural Festival from July 24 through August 10, 1986, is before Council for consideration. The City Manager presented Resolution No. 33-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE NINTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 33-86 is on file in the official Resolution Book) Mr. Weatherspoon moved for the adoption of Resolution No. 33-86, 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. 18. Ordinance No. 45-86 - Amending Zoning Ordinance - Amusement Game Facilities. Ordinance No. 45-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the definition of amusement game facilities and their inclusion as a permitted or conditional use within certain zoning districts, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 8th. The City Manager presented Ordinance No. 45-86: 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 30-10 "CC (COMMUNITY COMMERCIAL) DIS- TRICT, (B) "PERMITTED USES" BY ADDING "AMUSEMENT GAME FACILITIES" AS A PERMITTED USE; BY AMENDING SECTION 30-10 "CC (COMMUNITY COMMERCIAL) DISTRICT, (C) "CONDITIONAL USES" TO PROVIDE THAT AMUSEMENT GAME FACILITIES SHALL NOT BE LOCATED WITHIN THREE HUNDRED FEET OF ANY ESTABLISHED SCHOOL; BY AMENDING SECTION 30-11 "GC (GENERAL COMMER- CIAL) DISTRICT, (B) "PERMITTED USES" BY ADDING "AMUSEMENT GAME FACILITIES", AS A PERMITTED USE; BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT", (C) "CONDITION- AL USES" TO PROVIDE THAT AMUSEMENT GAME FACILITIES SHALL NOT BE LOCATED WITHIN THREE HUNDRED FEET OF ANY ESTAB- LISHED SCHOOL; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (B) "PERMITTED USES" BY ADDING "AMUSEMENT GAME FACILITIES" AS A PERMITTED USE; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" TO PROVIDE THAT AMUSE- MENT GAME FACILITIES SHALL NOT BE LOCATED WITHIN THREE HUNDRED FEET OF ANY ESTABLISHED SCHOOL; BY AMENDING SECTION 30-13 "CBD (CENTRAL BUSINESS) DISTRICT", (B) "PERMITTED USES" BY ADDING "AMUSEMENT GAME FACILITIES" AS A PERMITTED USE; BY AMENDING SECTION 30-13 "CBD (CENTRAL BUSINESS) DISTRICT", (C) "CONDITIONAL USES" TO PROVIDE THAT AMUSEMENT GAME FACILITIES SHALL NOT BE LOCATED WITHIN THREE HUNDRED FEET OF ANY ESTABLISHED SCHOOL; BY AMENDING SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DIS- TRICT'', (B) "PERMITTED USES" BY ADDING "AMUSEMENT GAME FACILITIES" AS A PERMITTED USE: PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 45-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as -10- 6/24/86 follows: Mr. Bird - No; Mr. Dougherty - No; Mrs. Horenburger - No; Vice-Mayor Weatherspoon - Yes. Said motion FAILED by a 3 to 1 vote. Before roll call the following discussion was had: Mr. Bird questioned what the reasoning behind the 300 feet is and what, by definition, is an established school. Mr. Robert Cohn, Planning Director, advised that the Planning and Zoning Board felt that the requirement which presently exists with regard to alcoholic beverage establishments in proximity to schools seemed like a logical standard and applied the same one here. An established school is one which is in existence. The provision of 300 feet is typical in other ordinances for this type of use. Mrs. Horenburger questioned what the "over three (3) in number" addition is; is it three game tables or three different facilities? Mr. Cohn stated they are referring to three games. There was a concern on the part of the Department of Development and Inspection that it was unclear as to how many amusement games would constitute a primary use. There are some bars and lounges in the City which have some facilities and three is a number which is typical to create a differentiation between an accessory and primary use. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. Mr. Dougherty also questioned the 300 feet and stated he feels it is too close and will encourage the kids from school to go there. They have used the figure of 1,500 foot distance for a number of other facilities and felt that it could also be used here. He does not think Council should be encouraging this type of facility close to any school. Vice-Mayor Weatherspoon stated, as he understands it, the purpose of this ordinance is because an applicant came forth wanting clarification of the existing ordinance which does not address the footage. Upon question, the City Attorney advised the two issues raised were what would constitute a threshold number of games in order to constitute an amusement game facility for purposes of requiring a person to get conditional use approval. When that issue went to the Planning and Zoning Board they added the other consideration of making the separating restriction. At this point the roll was called to the motion. The City Attorney questioned if Council wishes him to resubmit anything along these lines, pursue the flat prohibition, just present a clarification of the three game issue or none of the above. Mrs. Horenburger stated she would still like to see it a conditional use and perhaps a longer distance. Mr. Bird stated he has no problem with the distance; however, they should perhaps make a flat statement with regard to threshold stating that they are an amusement facility if they have exceeded three in number. Mr. Dougherty stated he would like to see it come back with the change in the distance. Mr. Bird stated that a change in the definition to state what threshold is would tell us that it is indeed a conditional use and whatever standards the Planning and Zoning Board chooses to apply, taking into account the exact neighborhood it is being proposed for, may be greater than Mr. Dougherty suggested. 19. Ordinance No. 46-86 - Amending Code - Code Enforcement Board. Ordinance No. 46-86, amending Chapter 2 "Administration" of the Code of Ordinances to amend the City's current Code Enforcement Board provisions to comply with legislation which has been enacted by the Florida Legis- lature, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 8th. The City Manager presented Ordinance No. 46-86.: -11- 6/24/86 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 ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-101, "LEGISLATIVE INTENT", TO PROVIDE THAT THE CODES SHALL BE ENFORCED AGAINST VIOLATIONS WHICH ARE NOT CRIMINAL IN NATURE AND WHERE A PENDING OR REPEATED VIOLATION CONTINUES TO EXIST; BY AMENDING SECTION 2-102, "APPLICABILITY", TO PROVIDE THAT THE CODE ENFORCEMENT BOARD SHALL HAVE JURISDICTION TO HEAR CASES INVOLVING ALLEGED VIOLATIONS WHICH ARE NOT CRIMINAL IN NATURE AND WHERE A PENDING OR REPEATED VIOLATION CONTINUES TO EXIST; BY AMENDING SECTION 2-117, "DECISIONS AND ENFORCEMENT ORDERS", TO PROVIDE THAT AN APPEAL SHALL NOT BE A HEARING DE NOVO, BUT SHALL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE CODE ENFORCEMENT BOARD; AND BY AMENDING SECTION 2-118, "FINES FOR NONCOMPLIANCE WITH ORDERS", TO INCLUDE THAT THOSE VIOLATORS WHO REPEAT THE SAME VIOLATIONS MAY BE ORDERED TO PAY A FINE NOT TO EXCEED $250.00 PER DAY FOR EACH DAY THE VIOLATION CONTIN- UES PAST THE DATE SET FOR COMPLIANCE, TO CHANGE THE TIME TO FORECLOSE UPON A LIEN FROM ONE YEAR TO SIX MONTHS FROM THE FILING OF ANY SUCH LIEN WHICH REMAINS UNPAID, AND TO PROVIDE THAT NO LIEN MAY BE FORECLOSED ON REAL PROPERTY WHICH IS A HOMESTEAD AS DEFINED IN ARTICLE X, SECTION 4 OF THE STATE CONSTITUTION; PROVIDING A GENERAL REPEALER; 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. 46-86 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Before roll call, upon question, the City Attorney advised this ordinance will put the City in compliance with the 85/86 Statutes. There are some more amendments which he will do later to amend this ordinance which just came out of the Legislature. Vice-Mayor Weatherspoon declared the meeting adjourned at 9:20 P.M. ATTE S T :~ 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 June 24, 1986, which minutes were formally approved and adopted by the City Council on ~ .~.~ /F~ - City 01erk - 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. -12- 6/24/86