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11-11-86 NOVEMBER 11, 1986 A Regular Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jimmy Weatherspoon in the Council Chambers at City Hall at 7:07 P.M., Tuesday, November 11, 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 (Arrived 7:15 P.M.) Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Vice-Mayor Jimmy Weatherspoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a. Vice-Mayor Weatherspoon presented a proclamation proclaiming November 16-22, 1986, as "Alzheimers Disease Public Awareness Week". 5. The City Manager advised that for the third year the City of Delray Beach's Finance Department has been awarded a certificate for substantial conformance with national standards in its financial re- ports. He presented David Huddleston, Finance Director, with a per- sonal award from the Government Finance Officers' Association and also a Certificate of Achievement for Excellence in Financial Reporting pre- sented to the City of Delray Beach for its comprehensive annual finance report for the fiscal year ending September 30, 1985. Mayor Campbell arrived at this time and took the chair. 6. The City Manager advised Council has been furnished a copy of an annexation ordinance which was finalized today. He requested that it be added to the agenda for first reading. He also requested that Items 29, 31, 33, 35 and 37 be placed under the Public Hearing section of the agenda. These ordinances amend the Land Use Plan and require two public hearings. The City Manager stated that the Planning Department has a number of issues which must be resolved prior to the end of this cal- endar year. He requested that Council consider changing its regular schedule of meetings to make the first meeting in December a regular meeting, the second a workshop meeting and the third a regular meeting. This will allow them to get everything accomplished. Mayor Campbell stated he has a problem with considering the annexation ordinance tonight. They have had complaints from citizens about items arising on a non-agenda basis without notice and he feels Council has intended that that would happen as rarely as possible. He suggested that if they can do it at a later date, without any harm done to the applicant, that they do so. Mr. Bird suggested that they consider the annexation ordinance at a Special Meeting preceding the workshop meeting next week. This would give them enough time to advertise and have it before Council for final reading on the 16th of December. Mrs. Horenburger requested that Item 18 be removed from the Consent Agenda and placed as first item on the Regular Agenda. Mr. Bird moved for agenda approval with the following changes: that Items 29, 31, 33, 35 and 37 follow Item 14 of the Public Hearing section, that they add an Item 43 at which time they will set the formal hearing dates for the month of December and that Item 18 be removed from the Consent Agenda and placed as first item on the Regular Agenda, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. The City Manager stated that Item 41 also needs to be removed from the agenda. Mr. Bird moved to reconsider the 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. Mr. Bird moved to approve the agenda, as amended, with the exception of Item 41 to be removed from 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 7. Ratification of Sale of City Property. Council is to consider ratification of sale of all of Block 45 and Lots 1, 2, 3, 4, 9, 10, 11 and 12, Block 46. Prior to consideration a public hearing has been scheduled to be held at this time. The City Attorney advised that this is a technicality. It has been advertised and is in accordance with the agreement entered into between Palm Beach County and the Community Redevelopment Agency for the sale of the property where the courthouse facility will located. Although they did previously approve the agreement, they did not have the sales agreement publicized and a public hearing held. This will make sure that when they do make the transfer the County will get clean title to the property. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved to ratify the sale of all of Block 45 and Lots 1, 2, 3, 4, 9, 10, 11 and 12, Block 46, seconded by Mr. Bird. 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. Dougherty questioned the use of the word sale; he thought they gave the property to the County. The City Attorney advised that it is a sale to the extent that the purchase was for $10 and other good and valuable considerations. Mr. Dougherty stated he is questioning whether or not it is legitimate to sell this property for $10 as it is a violation of the Charter. The City Attorney stated, in his opinion, it is not a violation of the Charter or the Code of Ordinances to sell this particular piece of property to the County for a courthouse facility for $10 and other good and valuable considerations. At this point the roll was called to the motion. 8. Ordinance No. 44-86 - Amending Code - Landscaping. Ordinance No. 44-86, amending Chapter 9, "Buildings and Construction" of the Code of Ordinances relative to required landscaping adjacent to public rights-of-way and parking area interior landscaping, is before Council -2- 11/11/86 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. 44-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE X, "LAND- SCAPING'', BY AMENDING SECTION 9-378 (D) "REQUIRED LAND- SCAPING 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 LAND- SCAPING'' SUBSECTION (1) (B) BY REQUIRING THAT THE LAND- SCAPE AREAS SHALL BE PLACED AT INTERVALS OF NO LESS THAN ONE LANDSCAPE AREA FOR EACH TEN (10) PARKING SPACES; PROVIDING A WAIVER PROVISION BY ENACTING A NEW SECTION 9-382, "MODIFICATION OF REQUIREMENT; APPEALS"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 44-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 44-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 67-86 - Amending Code - Ingraham Avenue Parking Lot. Ordinance No. 67-86, amending Chapter 26 "Traffic" of the Code of Ordinances to establish the Ingraham Avenue Parking Lot as a City resident only parking lot, 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. 67-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", ARTICLE II, "STOPPING, STANDING AND PARKING", DIVISION 3.5, "PARKING METER ZONES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 26-86, "PARKING PERMITS", TO ADD A NEW SUBPARAGRAPH TO ESTABLISH THE INGRAHAM AVENUE PARKING LOT AS A CITY RESIDENT ONLY PARKING LOT WHICH REQUIRES OBTAINING AN ANNUAL PARKING PERMIT IN ADVANCE AT A YEARLY COST OF $25.00 AND RE- LETTERING THE REMAINDER OF SECTION 26-68 APPROPRIATELY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 67-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 67-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. -3- 11/11/86 Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 68-86 - Amending Zoning Code - Satellite Dishes. Ordinance No. 68-86, amending Chapter 30 "Zoning" of the Code of Ordi- nances to provide for the definition of roof line, 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. 68-86: 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 30-17.5, "SATELLITE DISHES", BY AMENDING SUBSECTION (A), "DEFINITION" TO PROVIDE FOR THE DEFINITION OF ROOF LINE AND TO NUMBER THE SUB-SUBSECTIONS ACCORDINGLY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 68-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 68-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 69-86 - Amending Code - Train Whistles. Ordi- nance No. 69-86, amending Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to train whistles and FEC Railway right-of- way liability matters, 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. 69-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCEL- LANEOUS'', SECTION 16-41, "TRAIN WHISTLES/HORN NOISE PROHIBITION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A REQUIREMENT THAT PERSONS APPROACHING RAILROAD-HIGHWAY GRADE CROSSINGS EXERCISE REASONABLE CARE, AMENDING SECTION 16-44, "SIGNS AND NOTIFICATION", TO PROVIDE FOR THE ERECTING OF AD- VANCED RAILROAD WARNING SIGNS AND PAVEMENT MARKINGS AND ADDING A NEW SECTION 16-45, "ERECTION AND MAINTENANCE OF CROSSBUCKS", PROVIDING REQUIREMENTS FOR RAILROAD COM- PANIES TO ERECT AND MAINTAIN CROSSBUCK GRADE-CROSSING WARNING SIGNS IN ACCORDANCE WITH THE UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EF- FECTIVE DATE. (Copy of Ordinance No. 69-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 69-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll -4- 11/11/86 call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Council Chambers at this time. 12. Ordinance No. 72-86 - Amending Code - Garbage and Trash Service Charges and Fees. Ordinance No. 72-86, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to increases in garbage and trash service charges and fees, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 72-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", SECTION 12-15, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASES IN GARBAGE AND TRASH SERVICE CHARGES AND FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 72-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 72-86 on Second and FINAL Reading, seconded by Mr. Dougherty. 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. 13. Ordinance No. 73-86 - Amending Zoning Code - Minimum Floor Area Requirements. Ordinance No. 73-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to minimum floor area requirements for multi-family housing in certain zoning districts, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 73-86: 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 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MUL- TIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DIS- TRICT'', (E) "AGGREGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 73-86 is on file in the official Ordi- nance Book) -5- 11/11/86 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. Helen Coopersmith, representing PROD, stated that they had a meeting yesterday regarding this ordinance and the majority of their members felt very strongly that this type of construction should not exist in the City of Delray. They are requesting that Council re- consider and vote no on this ordinance. David Nathanson, representing the Delray Beach Democratic Club, stated they discussed this ordinance at a recent meeting. They feel it is a positive move and this does not mean they will be placing people in chicken-coops. They feel very strongly that this City requires and needs a vast amount of affordable rental property and that Council is taking a positive step. The public hearing was closed. Mr. Dougherty moved for the adoption of Ordinance No. 73-86 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated he went up to West Palm Beach where these facilities are now in existence and he was proud of what he saw. He would encourage people to go and look at them. Mrs. Horenburger stated that her concern is that the minimum floor area requirement will be applied City-wide, not just for the type of housing Mr. Weatherspoon saw. She is concerned that they may see substandard dwelling units which are not appropriate for the City. At this point, she will have to vote against the ordinance as she does not agree with reducing the size of units. Mr. Bird stated that one of the problems they face throughout the City is a need to provide affordable housing to a very diverse community. This Council has no intention of increasing densities so there is only one other way to make housing affordable and that is to reduce the cost of the structure. Mayor Campbell stated he is totally against this ordinance and feels it is a step backwards. They have been emphasizing over and over that they want to improve the quality of life in the community which means you have to increase and better the standards, not lower them. They do need affordable housing; however, you do not take a step back- wards and then expect people to stay and live here. At this point the roll was called to the motion. 14. Ordinance No. 74-86 - Amending Code - Junk Cars. Ordinance No. 74-86, amending Chapter 14 "Junk, Junk Yards and Automotive Repairs" of the Code of Ordinances relative to junk cars, 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. 74-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14, "JUNK, JUNKYARDS AND AUTOMOTIVE REPAIRS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE I, "IN GENERAL"; BY ENACTING A NEW ARTICLE I, "ABANDONED PROPERTY", TO PROVIDE FOR THE DISPOSITION OF WRECKED AND ABANDONED PROPERTY WITHIN THE CONFINES OF DELRAY BEACH, FLORIDA; BY ENACTING A NEW SECTION 14-1 "DEFINITIONS", BY ENACTING A NEW SECTION 14-2, "ABANDONMENT OF PROPERTY OR -6- 11/11/86 WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY PROHIBITED AND DECLARED A NUISANCE" PROVIDING FOR A PROHIBITION AGAINST THE STORAGE OF ABANDONED, WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY AND PRO- VIDING A NOTICE PROVISION PROVIDING FOR REMOVAL OF SAID PROPERTY; BY ENACTING A NEW SECTION 14-3, "STORING, PARKING, OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY, PROHIBITED AND DECLARED A NUISANCE; EXCEPTIONS", PROVIDING A PROHIBITION AGAINST THE STORAGE OF PERSONAL PROPERTY ON PRIVATE REAL PROPERTY, PROVIDING FOR EXCEPTIONS, PROVIDING A NOTICE CLAUSE, PROVIDING A HEARING, AND PROVIDING FOR REMOVAL OF THE PROPERTY; BY ENACTING A NEW SECTION 14-4, "NUISANCE ABATEMENT BID PROCEDURE"; BY ENACTING A NEW SECTION 14-5, "ASSESSMENT OF COSTS, INTEREST AND ATTORNEY FEES; LIEN", PROVIDING FOR THE ASSESSMENT OF COSTS AND ENFORCEMENT OF SUCH COSTS; BY ENACTING A NEW SECTION 14-6, "REPAIR OPERATIONS TO BE CONCEALED", PROVIDING FOR SCREENING OF REPAIR WORK; BY AMENDING ARTICLE II, "JUNKYARDS" ENACTING A NEW SECTION 14-17, "DEALERS TO KEEP RECORDS PROVIDING FOR RECORD KEEPING BY JUNK DEALERS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 74-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 74-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 29. Ordinance No. 75-86 - Chanqing the City's Land Use Plan Desig- nation (Delray Beach Housing Authority). Ordinance No. 75-86, relative to changing the City's Land use Plan Designation in the Comprehensive Plan for a 15-acre parcel from SF (Single Family), in part, and R (Recreation and Open Space), in part, to RM (Residential Medium to Medium High Density), seven units/acre, located west of S.W. 10th Avenue, between the Carver Estates development and S.W. 6th Street, is before Council for consideration on First Reading and First Public Hearing. If passed, a Second Public Hearing will be held November 25th. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 75-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM SF (SINGLE FAMILY), IN PART, AND R (RECREATION AND OPEN SPACE), IN PART, TO RM (MEDIUM TO MEDIUM HIGH DENSITY) WITH A LIMITATION OF SEVEN (7) DWELLING UNITS PER ACRE. THE SUBJECT PROPERTY IS LOCATED SOUTH OF S.W. 6TH STREET BETWEEN S.W. 10TH AVENUE AND S.W. 14TH AVENUE; AMENDING THE LAND USE PLAN; 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. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 75-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council -7- 11/11/86 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. 31. Ordinance No. 77-86 - Changing the City's Land Use Plan Desig- nation (Linton Lakes). Ordinance No. 77-86, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 57.71- acre parcel from PRD-10 (Planned Residential), 10 units/acre to POI (Professional, Office and Institutional), located at the northwest intersection of Congress Avenue and Germantown Road, is before Council for consideration on First Reading and First Public Hearing. If passed, a Second Public Hearing will be held November 25th. Prior to considera- tion of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 77-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM PRD-10 PLANNED RESIDENTIAL (10 UNITS/ACRE) TO POI PROFESSIONAL OFFICE AND INSTITUTIONAL. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE; AMENDING THE LAND USE PLAN; 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. Sid Soloway, 1835 N.W. 13th Street, member of the Planning and Zoning Board, stated that when this came before the Board it was passed without opposition but subject to a traffic impact study. This study was made but never given to the P&Z Board. He questioned how the developer got a binding letter of interpretation from the State Depart- ment of Community Affairs indicating that the development was not a Development of Regional Impact. He feels that Council should either send this back to the P&Z Board for further study or hold it in abeyance until something is done about the traffic impact. Henry Handler, representing Minto Builders, presented some graphics showing the proposed layout of the project. He stated that Minto proposes to incorporate the character of the neighboring proper- ties in developing the land use contemplated and encouraged by the POC ordinance. They are also looking to develop a residential transitional area of 200 units to minimize impact on the neighboring communities and potentially provide lodging capacity to corporate tenants so as to centralize some traffic within the site and reduce traffic impact outside the site. Minto Builders commissioned Goodkin Research to make a study of both historic and projected demands for office and industrial space in the Linton Lakes area and a comparative analysis of the economic impacts of proposed development uses of the site. They also hired Walter Keller to research traffic impacts under the Goodkin findings and the different development uses of the site. The result is an innovative use which offers a compromise. They are proposing to build 117,000 square feet less of office space and to add 200 residen- tial units, and accessory uses, along the western, southern and northern boundary of the site. This will be used as a buffer and transition to adjacent residential communities. They are prepared to agree to the development of such residential units as a condition to their applica- tion for land use plan amendment and rezoning. Bob Stump stated he agrees with the comments made by Mr. Soloway. He cannot see the rush to rezone the property at this time, particularly in light of all the problems which are being generated not only within this City, but also from Boca Raton and Palm Beach County, west of Delray. He is not sure what the total impact of all the devel- opment in this area will be; however, he feels there has to be some balance between the rights of developers and the rights of the people who reside in Delray. If this developer gets the POI zoning he will 8 11/11/86 come in for site plan approval and is entitled to a certificate of occupancy. He does not feel that these places should be given the right to proceed until such time as the infrastructure is in place or plans have been consummated as to how they are going to rectify the problems which have not been answered. Lillian Feldman, Pines of Delray, stated she feels Council should think long and hard before approving this project. There are going to be 200 residential units and a four-story professional building and that means there are going to be a lot of people. Pauline Arbry, representing Sabal Pine Condominium, stated that they feel the traffic impact is going to be terrible and are not in favor of the rezoning. Ralph Lowe, Abbey Delray South, stated that Abbey Delray South is the nearest neighbor to this project. They have watched this project develop and it has developed into just what they want. Instead of looking at a sand hill they will look at some fine residences. There is no one here who does not want Delray to grow into a first-class City and the way to do that is not to hold up the good projects. Sam Schwimer, Pines of Delray, stated that the site plan before Council tonight is a better improvement than the previous one and meets what the residents in the Pines of Delray wanted. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 77-86 on First Reading, seconded by Mr. Dougherty. 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 the following discussion was had: Mrs. Horenburger stated she has some concerns about the traf- fic, use and intensity of this project; however, what is proposed is not inappropriate for this site. Mr. Bird stated that if Mr. Soloway is correct and the Planning and Zoning Board did not get to review the Treasure Coast Regional Planning Council's report then he would hope that before second reading they have that opportunity. Sheryl Stolzenberg, Planning Department, stated that the report from the TCRPC and the comments from the County were comments which were obtained through the State Land Use Review process. They are following a new procedure which is a part of the State Act; they send Land Use amendments to the State who in turn send them to the TCRPC and other affected parties asking for comments. They are then sent back to the City which is why the Treasure Coast material was not available at the prior meetings of the P&Z Board. Mr. Bird questioned how much of a problem would it be to revise the City's procedures so that, in the future when he reads on his agenda that an item is recommended by staff and the P&Z Board, he will be sure that that represents their review of all of the information. He stated that, procedurally, he feels the amendments should go through the P&Z Board once they come back from the State. If their thoughts are not the same then they would have an opportunity to change them before it appears on Council's agenda. He is not sure what the appropriate method is to change this; if it is administrative, then staff could take care of it. Ms. Stolzenberg stated that she believes all they have to do is be instructed by Council that they would wish to add this step to the procedure. Mr. Bird suggested that, by consensus, they indicate to the administration that that is the procedure to follow in the future. It was the consensus of Council to add this step to the procedure. -9- 11/11/86 Mr. Bird questioned if there would be any problem in having the P&Z Board review all the Land Use Plan amendments between the first and second readings. Ms. Stolzenberg advised that the P&Z Board could review them on November 17th. Mrs. Horenburger left the Council Chambers before roll call. Mayor Campbell stated that the concerns they have heard tonight are not so much with the concept of either the land use or rezoning, but with the intensity, density and the traffic impact. These are things which will be addressed when the applicant comes before Council for site plan approval. At this point the roll was called to the motion. 33. Ordinance No. 79-86 - Changing the City's Land use Plan Desig- nation (Wiebelt). Ordinance No. 79-86, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.85-acre parcel from MF-15 (Multiple Family) 15 units/acre to C (Commercial), located on the west side of Florida Boulevard, between Avenue "E" and Avenue "C", is before Council for consideration on First Reading and First Public Hearing. If passed, a Second Public Hearing will be held November 25th. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 79-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR ALL OF LOTS 34 TO 44, INCLUSIVE OF BLOCK 36, PLUS THE SOUTH 48 FEET OF AVENUE C LYING ADJACENT TO SAID LOTS VACATED BY OR 1765, P 547, ALL BEING A PORTION OF DEL RATON PARK SUBDIVISION AS THE SAME IS RECORDED IN PLAT BOOK 14, AT PAGE 9 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-15 MULTIPLE FAMILY TO C-COMMERCIAL. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF FLORIDA BOULE- VARD, BETWEEN TROPIC BOULEVARD AND AVENUE C; AMENDING THE LAND USE PLAN; 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. Bird left the Council Chambers at this time. Robert French, 900 Dogwood Drive, representing the Board of Directors of the Tropic Bay Condominium Association, stated that staff once went before the County protesting about a county pocket in their area. They are requesting that they stand once again and protect their residential neighborhood by denying this land use plan designation. Bill Schnobel, 901 MacCleary Street, stated when this request came to the P&Z Board several months ago, it was agreed to that if it were to be changed from multiple family to commercial that they would continue the wall along the back of Ralph Buick and deny access from the shopping center through Florida Boulevard. If this condition is still held to, then it would not be totally objectionable by the residents adjacent to this property. Mrs. Horenburger returned to the Council Chambers at this time. Albert Jackman, representing Robert Wiebelt, advised that they are planning to continue the wall and it will be landscaped. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 79-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. -10- 11/11/86 Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mrs. Horenburger stated there was concern about access into the area behind these businesses. The trucks backing out onto Federal Highway currently pose a traffic hazard and that was part of the consid- eration given by the P&Z Board. She would also be in favor of this request. Mr. Dougherty stated he is opposed to this request as they are allowing commercial property to intrude into a residential area. At this point the roll was called to the motion. 35. Ordinance No. 81-86 - Changing the City's Land Use Plan Desig- nation (Delray Beach Railroad Depot Company). Ordinance No. 81-86, relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a 1.66-acre parcel from I (Industrial) to C (Commer- cial), located north of West Atlantic Avenue, between 1-95 and the Seaboard Air Line Railroad, is before Council for consideration on First Reading and First Public Hearing. If passed, a Second Public Hearing will be held November 25th. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 81-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM I-INDUSTRIAL TO C-COMMERCIAL. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN INTERSTATE 95 AND THE SEABOARD AIRLINE RAILROAD; AMENDING THE LAND USE PLAN, 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. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 81-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird returned to the Council Chambers at this time. 37. Ordinance No. 83-86 - Changing the City's Land Use Plan Desig- nation (Delray Town Center/Delray Town Center Executive Plaza). Ordi- nance No. 83-86, relative to changing the City's Land Use Plan Designa- tion in the Comprehensive Plan for a 20-acre parcel from SF (Single Family Dwelling) District to C (Commercial), in part, and POI (Profes- sional, Office and Institutional), in part, located at the northeast corner of Linton Boulevard and Military Trail, is before Council for consideration on First Reading and First Public Hearing. If passed, a Second Public Hearing will be held November 25th. Prior to considera- tion of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. Mr. Bird returned to the Council Chambers at this time. The City Manager presented Ordinance No. 83-86: -11- 11/11/86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, FROM SF-SINGLE FAMILY TO C-COMMERCIAL, IN PART, AND POI-PROFESSIONAL, OFFICE AND INSTITUTIONAL, IN PART, THE SUBJECT PROPERTY IS LOCATED AT THE NORTH- EAST CORNER OF LINTON BOULEVARD AND MILITARY TRAIL; AMENDING THE LAND USE PLAN; 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. Bill Boos, representing Alfiere-Pugliese, stated that on July 8th Council reviewed this project and discussed a lot of issues which had been associated with the project. He reported that they have complied with each of the recommendations of staff, Council and the P&Z Board. The public hearing was closed. Mr. Dougherty moved for the adoption of Ordinance No. 83-86 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 1 vote. PROCEDURAL ITEMS 15. Mrs. Horenburger moved to approve the minutes of the Special Meeting of October 21, 1986, 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. Mayor Campbell returned to the Council Chambers at this time. 16.a.1. Mr. Dougherty stated that he has furnished Council a memorandum on taverns and lounges and requested that it be placed on the next agenda for discussion. They also received an additional piece of information on complaints from the City Manager and Chief of Police addressing 26 lounges in the City. He feels it would be helpful for Council to adopt some kind of guideline for the Code Enforcement office to be able to carry out their duties. Mr. Bird stated that in the memorandum the Police Department went through and detailed precisely the calls for the more notorious lounges; however, for the less notorious all they put down was a raw number. He requested that they get those figures refined before next week's meeting. 16.a.2. Mr. Bird stated he received a call from a member of the press today regarding a threat made to those individuals proposing to unveil a memorial in Veterans Park. He stated that Veterans Park is for all those who served their country, not just a few organizations. 16.a.3. Mrs. Horenburger requested that everyone observe a moment of silence in memory of Stan Katz who served the City so well and passed away a few weeks ago. 16.a.4. Mayor Campbell requested that the organization of the Planning and Zoning Board be placed on the workshop agenda. They have discussed, in the past, the function of the P&Z Board and whether or not it may be appropriate to have a zoning board and a planning board and he would like to discuss it again. 16.b.1. The City Attorney advised that the election returns which Council will be canvassing and approving have not yet been received from the Elections Office; therefore, they will have a Special Meeting prior to the workshop next week. -12- 11/11/86 16.b.2. The City Attorney stated that at the last meeting Council approved a contract to provide communications services for the Public Safety Facility building. In that approval were certain conditions which had to be met by 5:00 P.M. on the Wednesday following that. That data was not timely filed with the City and, therefore, it is the recommendation of the administration that Council look to, and approve of, a contract with the second lowest bidder, Hobe Sierra. Digby Bridges, project architect, advised that Hobe Sierra's new contract price is $93,974 and all they are waiting for is a letter of credit. Upon question by Mr. Dougherty, the City Attorney advised they only accept letters of credit with the City's signature on them. Mr. Bird moved to accept the second low bidder, Hobe Sierra, and authorize the administration to enter into a contract with them in the amount of $93,974, 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: John Norman, representing Syscom Communications, the high bidder, stated that Hobe Sierra does not have the proper licenses, equipment or insurance to fulfill the City's bid requirements in the bid proposal. He feels that the City should have taken more time and gone over the proposals to get the requirements asked for, not just accepted the low bidder. The City Manager stated that the City Attorney and Mr. Bridges have reviewed this matter and he would recommend that Council follow their recommendation. Mr. Dougherty stated the communications system they are talking about is highly sophisticated and has to be on line all the time. He feels that Council should see a tabulation of the bids and everything required in the specifications indicated so that they have assurance that the contractor has fulfilled all the requirements. He suggested that Council not approve any contract tonight. At this point the roll was called to the motion. 16oc.1. The City Manager stated that Council to ratify action they took last Thursday sitting as members of the SCRWTD Board. He advised Council of what actions they need to ratify. Mr. Bird moved to ratify Resolution 86-1 providing indemnifica- tion rights to its directors, officers and employees, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird moved to ratify approval of Change Order No. 3 for Foster Marine, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird moved to ratify approval of Change Order No. 4 for S.G. Phillips Constructors, 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 - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger moved to ratify the reclassification of the Superintendent, including new job description, salary schedule and chart of organization, 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. -13- 11/11/86 16.d.1. Sam Schwimer, Pines of Delray, thanked Council for finally approving a residents only parking lot. 16.d.2. Mr. Schwimer stated he would like to congratulate the City for being first within the State to issue a proclamation proclaiming the week of October 20-25 as Florida Silver Haired Legislature Week. He advised that 80 bills were introduced at their Legislative Session and he outlined some of them. 16.d.3. Lillian Feldman, Pines of Delray, stated that in March of this year she spoke to the City Engineer regarding the traffic on Congress Avenue. She feels they need left and right turn traffic lanes at the intersection of Congress Avenue and Lowson Boulevard and requested that the City do something about it. 16.d.4. Perry DonFrancisco, 1332 S.W. 22nd Avenue, stated he is the operator and part owner of Bostons in Delray and would like to respond to an article which appeared in a newspaper last Sunday. The article utilized the number of phone calls made to the local police station as the criteria for determining the amount of criminal activity in local drinking establishments. Bostons was listed as having 60 complaints or incidents from January 1, 1986 through October 30, 1986; however, the majority of the calls made were of the public service nature. He feels that the newspaper article will dissuade them from allowing the public to utilize their restaurant or phone as it may show up as a statistic. 16.d.5. Reverend Semmie Taylor stated, with regard to the article about taverns, that they should not all have been put in the same category. He feels there is no place worse than the Georgia Town Tavern. CONSENT AGENDA The following items were considered by Council as the Consent Agenda: 17. Requisition No. 13 - S.G. Phillips Constructors of Florida, Inc. Council is to consider authorizing payment of Requisition No. 13 in the amount of $66,878.27 for Regional Wastewater Treatment Plant Expansion. Approval is recommended. 19. Beach Monitoring Study.. Council is to consider approval of proposal from Coastal Planning and Engineering, Inc., for two-year beach monitoring study in the amount of $22,500, with funds to come from the Erosion Control Fund. Approval is recommended. 20. Comprehensive Planning Grant. Resolution No. 61-86, requesting grant funds from the State in the amount of $35,137 to revise comprehen- sive plans in compliance with State Law, is before Council for consider- ation. The caption of Resolution No. 61-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLICA- TION TOT HE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS REQUESTING AND SETTING FORTH THE NEED FOR FUNDS IN REGARD TO: UPDATING THE CITY OF DELRAY BEACH'S COMPRE- HENSIVE PLAN. (Copy of Resolution No. 61-86 is on file in the official Resolution Book) Mr. Bird moved to approve the Consent Agenda, as modified, 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- 11/11/86 18. Concrete Median Barrier - East Atlantic Avenue. Council is to consider removal of existing concrete median barrier on East Atlantic Avenue (Palm Square and Atlantic Plaza). Approval is recommended. Mrs. Horenburger stated there have been some concerns raised by the public regarding the safety of the median. She agrees that it does not appear to be doing the job it is supposed to and, in fact, has created somewhat of a hazard. Mrs. Horenburger moved that the concrete median barrier be removed and that in the coming year they undertake a traffic study, in peak conditions, to find out what they do need along Atlantic Avenue west of the Intracoastal bridge, and also take into consideration the possible reopening of the Patio Delray restaurant and the traffic which would be generated by that and Atlantic Plaza fully occupied, 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. 21. Modification to Solid Waste Authority Contract. Council is to consider a request for further modification to Solid Waste Authority contract regarding insurance matters. Approval is recommended. Mr. Weatherspoon moved for approval, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird left the Council Chambers at this time. 22. Revised Contract Between the City and Professional Firefiqhters of Delray Beach, I.A.F.F., Local 1842. Council is to consider approval of Article 21 "Seniority" of the contract between the City and Profes- sional Firefighters of Delray Beach, I.A.F.F., Local 1842. Approval is recommended. Mr. Weatherspoon moved to approve the revised contract, second- ed by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 23. Property Acquisition - N.W. 5th Avenue Parking Lot. Council is to consider purchase of property for N.W. 5th Avenue parking lot in the amount of $16,800, with funds to come from the Property Acquisition Fund. Approval is recommended. Mr. Weatherspoon moved to approve purchase of property for N.W. 5th Avenue parking lot in the amount of $16,800, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Mr. Bird returned to the Council Chambers at this time. 24. Selection of Management Consultant. Mercer/Slavin, Inc. Deloitte, Haskins & Sells Public Administration Service Cresap, McCormick and Paget Mayor Campbell requested that each Council Member rank the firms in order of preference. At this time Council ranked the firms in order of preference and the City Manager tabulated the results. Mayor Campbell announced that Public Administration Service is the first choice of Council. They will need to make a motion to accept this firm and direct that they negotiate with them. He also suggested that they have a member of Council be active in the negotiation process; Mr. Dougherty has volunteered. -15- 11/11/86 Mr. Bird moved that Public Administration Service be ranked first, Deloitte, Haskins & Sells, second, Cresap, McCormick and Paget, third and Mercer/Slavin, Inc., fourth and that the administration be directed to negotiate with them in that order in an effort to arrive at a contract, 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. Mr. Bird moved that Mr. Dougherty be involved in the negotia- tion process, 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. Mr. Bird stated there was a suggestion made that it may be an advantage to have a member or two of the public to also participate. Hunter Moss and Ralph Dye both have significant credentials and have contacted him personally regarding this matter. Mr. Dougherty stated that Dr. Friedman who was the past Chair- man of the Internal Audit Committee also made a comment that he would like to participate. Mrs. Horenburger moved that Hunter Moss, Ralph Dye and Dr. Friedman be involved in the negotiation process, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 25. Change Order Request - Public Safety Building. Council is to consider approval of Change Order request which increases the original price by $123,623.85, for a new price of $5,176,707.99. Approval is recommended. Upon question by Mr. Dougherty, Mr. Bridges advised that Council has been furnished a copy of what the additional change orders are. Mr. Dougherty stated that Arthur Jackel was a Council Member at the time the Public Safety Facility was authorized. He feels that his name should be on the plaque to be placed in the building rather than his. Mayor Campbell stated they will look in to this. Mr. Weatherspoon moved to approve the change order increasing the original price by $123,632.85, 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. 26. Prioritization of Beautification Target Areas. Council is to consider prioritization of corridors and arterial roadways targeted for landscaping improvements. Approval is recommended. Mrs. Horenburger moved for approval of the prioritization of beautification target areas, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty stated his recollection of the original action of Council was to undertake the work at one time, rather than string it out over three years. He questioned how many contractors they will be dealing with. Rachel Speicher, member of the Beautification Trust Fund Committee, stated they had thirteen contractors come in and they have narrowed that down to three, who they will be recommending to Council. -16- 11/11/86 Mr. Dougherty questioned why they do not consider awarding three contracts so that they can get concurrent design efforts made. Nancy Davila, City Horticulturist, stated they do not want three separate thoughts going into this project; they want a unified plan which shows continuity and harmony. They want to do these projects as soon as possible, but certainly they will be done within three years. There is a lot of coordination when you have that many areas under construction and there may be some advantages to not having the entire town under construction at once. At this point the roll was called to the motion. 27. Software and Hardware Package - Building Department. Council is to consider award of contracts to the following for software and hardware package for computerization of the IBM System 38 for Develop- ment and Inspections: IBM Corporation $13,966 HTE, Inc. 44,500 $58,466 Funds are to come from the General Fund Unrestricted Fund Balance. Approval is recommended. Mr. Bird moved to award the contracts, seconded by Mr. Weatherspoon. Upon question by Mr. Weatherspoon as to why this was not part of the budget, the City Manager stated this is money they planned to spend last year. However, they had to determine what software they needed and made a decision at the end of the year. Upon question by Mr. Dougherty, Jim Johnson, Director of Development and Inspections, stated they did not go out for bids as they could not find enough compatibility; they found so much dissimilarity and felt that they would not get any additional bidders. Mr. Dougherty stated he feels if they are going to approve this item they should do it with the understanding, included in the motion, that they are going to waiver the competitive bid in order to make sure this equipment is compatible with existing equipment. Mr. Weatherspoon questioned the legality of Council approving this without going out to bid. The City Attorney stated it is not necessary to go to competitive bids in the appropriate case. However, he would have to agree that it is probably appropriate in the motion to state that Council approves of this selection and that they have waived the competitive bidding and have, instead, gone for requests for propos- als because of the uniqueness and compatibility factors being a greater weight than the price factors. Mr. Bird made a substitute motion to award the contracts to purchase as the sole providers because of compatibility with existing equipment and to waive the requirements of competitive negotiation, 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 - Yes. Said motion passed with a 5 to 0 vote. 28. Waiver of Bid Formality - Urban Design Studios. Council is to consider a waiver of "time" formality for bid from Urban Design Studios for improvements to the median strips and rights-of-way on the major thoroughfares in the City. Approval is recommended. Mr. Bird moved to approve a waiver of "time" formality, second- ed 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 stated that it is standard procedure that if a bidder does not have his bid in at closing time his -17- 11/11/86 bid must be rejected. He feels in this instance they should not con- sider a waiver without the consent of the other bidders. Upon question by Mr. Bird, the City Attorney stated he feels this is a technicality which could be waived because they were not bidding prices, just submitting their technical qualifications. At this point the roll was called to the motion. 30. Ordinance No. 76-86 - Delra¥ Beach Housing Authority Rezoninq. Ordinance No. 76-86, relative to rezoning a 15-acre parcel from R-lA (Single Family Dwelling) District to RM (Medium to Medium High Density, seven units/acre), is before Council for consideration on First Reading. If passed, Public Hearing will be held November 25th. The City Manager presented Ordinance No. 76-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, A TRACT OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED SOUTH OF S.W. 6TH STREET, BETWEEN S.W. 10TH AVENUE AND S.W.14TH AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 76-86 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. Mr. Dougherty left the Council Chambers at this time. 32. Ordinance No. 78-86 - Linton Lakes Rezoning. Ordinance No. 78-86, relative to rezoning a 57.71-acre parcel from PRD-10 (Planned Residential), 10 units/acre to POC (Planned Office Center), is before Council for consideration on First Reading. If passed, Public Hearing will be held November 25th. The City Manager presented Ordinance No. 78-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD-10 (PLANNED RESIDENTIAL) DISTRICT IN POC (PLANNED OFFICE CENTERi DISTRICT, A PARCEL OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 78-86 on First Reading, subject to the conditions set forth in the Planning Department memorandum of July 3, 1986, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call, Mrs. Horenburger stated she still has some concern about the use and the site plan and wishes it could be rezoned to SAD, not POC. Upon question by Mr. Bird, the City Attorney stated that if they were to go to SAD they would have to repetition the State under the new Comprehensive Plan. -18- 11/11/86 At this point the roll was called to the motion. 34. Ordinance No. 80-86 - Wiebelt Rezoninq. Ordinance No. 80-86, relative to rezoning a 0.85-acre parcel from RM-15 (Multiple Family Dwelling) District to SC (Specialized Commercial) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 25th. The City Manager presented Ordinance No. 80-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPE- CIALIZED COMMERCIAL) DISTRICT, ALL OF LOTS 34 TO 44, INCLUSIVE OF BLOCK 36, PLUS THE SOUTH 48 FEET OF AVENUE C LYING ADJACENT TO SAID LOTS VACATED BY OR 1765, P 547, ALL BEING A PORTION OF DEL RATON PARK SUBDIVISION AS THE SAME IS RECORDED IN PLAT BOOK 14, PAGE 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE WEST SIDE OF FLORIDA BOULEVARD, BETWEEN TROPIC BOULEVARD AND AVENUE C, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 80-86 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 36. Ordinance No. 82-86 - Delray Beach Railroad Depot Company Rezoning. Ordinance No. 82-86, relative to rezoning a 1.66-acre parcel from MI (Medium Industrial) District to GC (General Commercial) Dis- trict, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 25th. The City Manager presented Ordinance No. 82-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MI (~DIUM INDUSTRIAL) DISTRICT IN GC (GENERAL COM- MERCIAL) DISTRICT, A PARCEL OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN INTERSTATE 95 AND THE SEABOARD AIRLINE RAILROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 82-86 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Dougherty returned to the Council Chambers at this time. 38. Ordinance No. 84-86 - Delray Town Center/Delray Town Center Executive Plaza Rezoning. Ordinance No. 84-86, relative to rezoning the westerly 10 acres (Delray Town Center) from R-1AA (Single Family Dwell- ing) District to LC (Limited Commercial) District, and rezoning of the easterly 10 acres (Delray Town Center Executive Plaza) from R-1AA (Single Family Dwelling) District to POC (Planned Office Center) Dis- trict, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 25th. The City Manager presented Ordinance No. 84-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA SINGLE FAMILY DWELLING) DISTRICT IN LC LIMITED COMMERCIAL) DISTRICT, IN PART, AND POC (PLANNED OFFICE -19- 11/11/86 CENTER) DISTRICT, IN PART, A 20 ACRE PARCEL OF LAND LYING AND BEING IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF LINTON BOULEVARD AND MILITARY TRAIL, AND AMENDING ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 84-86 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 39. Ordinance No. 85-86 - Amending Zoning Code - CF (Community Facilities) District. Ordinance No. 85-86, amending Chapter 30 "Zoning" of the Code of Ordinances to create CF (Community Facilities) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 25th. The City Manager presented Ordinance No. 85-86: 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, BY ENACTING A NEW SECTION 30-15.5 "CF (COMMUNITY FACILI- TIES) ", PROVIDING (A) "PURPOSE", (B) "PERMITTED USES", (C) "CONDITIONAL USES", (D) "LOT DIMENSIONS AND SITE AREA" , ( E ) "AGGREGATE FLOOR AREA REQU I REMENTS" , ( F ) "BUILDING SETBACKS" , (G) "GROUND FLOOR BUILDING AREA" , (H) "TOTAL FLOOR AREA" , (I) "BUILDING HEIGHT" , (J) "PARKING AND LOADING REGULATIONS" , (K) "WALLS AND FENCES" , (L) "DISTRICT BOUNDARY LINES" , (M) "LANDSCAP- ING'', (N) "SIGNS", (O) "SPECIAL REGULATIONS"; BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", SUBSEC- TION (B) "GENERAL REQUIREMENTS" (4) "LOCATION OF OFF- STREET PARKING SPACES" (g) "OFF-SITE PARKING" , FIRST PARAGRAPH OF SUBSECTION (1) TO ADD "CF (COMMUNITY FACILI- TIES)''; BY AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUC- TION'', ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-210, "SIGNS PERMITTED AND REGULATED", TO ADD A NEW SUB- SECTION (H) "CF (COMMUNITY FACILITIES) DISTRICT", ESTAB- LISHING REGULATIONS FOR SIGNS WITHIN THE CF (COMMUNITY FACILITIES) DISTRICT; BY AMENDING CHAPTER 23, "STREETS AND SIDEWALKS", ARTICLE I, "IN GENERAL", SECTION 23-4, "WALLS, FENCES, HEDGES OR SIMILAR STRUCTURES ALONG PUBLIC RIGHTS-OF-WAY GENERALLY" (c) "REQUIREMENTS IN NONRESIDEN- TIAL AREAS" TO ADD "ALL COMMUNITY 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. 85-86 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. Before roll call the following discussion was had: Mr. Dougherty stated that he noticed on page three, (D) (3), that there are no requirements for lot dimensions for non-residential facilities; he feels this is a broad categorization. Ms. Stolzenberg stated the permitted uses and conditional uses are already listed in the previous sections. In this section they are addressing the non-residential facilities of the permitted and condi- tional uses and are not asking for specific dimensions. Any non- residential facility would still have to go through site plan approval. -20- 11/11/86 Mr. Dougherty also questioned Section (I), Building Height. He understand it was put in there to accommodate the proposed courthouse facility; however, he believed that it was to be a campus style building and would not be 60 feet high. Mayor Campbell stated that point has been raised and he has asked the architect to give Council a preliminary site plan. When they come before Council with their site plan they can address this issue. Mr. Dougherty stated there is every reason to expect that the County is going to come in with a 60 foot high building. He stated that they received a letter from Dorothy Wilken asking Council to withdraw that limitation. He feels it should be a matter of record that she did that and that the County is reneging on the deal. At this point the roll was called to the motion. 40. Ordinance No. 86-86 - Amending Zoning Code - Off-Street Parking - Community Facilities. Ordinance No. 86-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to off-street parking regulations for Community Facilities, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held November 25th. The City Manager presented Ordinance No. 86-86: 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 30-18 "OFF-STREET PARKING REGULA- TIONS'', BY REPEALING SUBSECTION (D) "PARKING REQUIRE- MENTS'' (4) "MISCELLANEOUS USES" AND ENACTING A NEW SUBSECTION (D) "PARKING REQUIREMENTS" (4) "MISCELLANEOUS USES"; BY AMENDING SECTION 30-17 "SUPPLEMENTARY REGULA- TIONS'' SUBSECTION (N) "HOSPITALS" BY REPEALING SUBSECTION (7) "PARKING" AND ENACTING A NEW SUBSECTION (7) "PARK- ING''; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 86-86 on First Reading, seconded by Mr. Bird. 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. 42. Ordinance No. 88-86 - Amending Code - Industrial Waste and Pretreatment. Ordinance No. 88-86, amending Chapter 29 "Water and Sewers" of the Code of Ordinances to provide for regulation for indus- trial waste and pretreatment, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 25th. The City Manager presented Ordinance No. 88-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "SEWERS AND SEWAGE DISPOSAL"; BY REPEALING DIVISION 3, "INDUSTRIAL AND COMMERCIAL WASTE", AND ENACTING A NEW DIVISION 3, "INDUS- TRIAL AND COMMERCIAL WASTE", TO PROVIDE FOR: PURPOSE; SCOPE; GENERAL PROVISIONS; DEFINITIONS; COMPLIANCE; DISPOSAL OTHER THAN THROUGH REGIONAL FACILITIES; PERMIT REQUIRED FOR BUILDING SEWERS AND CONNECTIONS; ESTABLISH- ING CRITERIA FOR WASTES DISCHARGED TO PUBLIC SEWERS; ESTABLISHING CRITERIA FOR THE ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE; REQUIRING PERMITS AND SETTING TERMS FOR INDUSTRIAL AND COMMERCIAL WASTE DISCHARGE; DISCHARGE PERMIT APPLICATIONS; RIGHT TO REFUSE SERVICE; COMPLIANCE WITH NATIONAL CATEGORICAL PRETREATMENT STANDARDS; PROTEC- TION FROM DAMAGE; POWER AND AUTHORITY OF INSPECTORS; -21- 11/11/86 APPLICABILITY TO ALL USERS, INCLUDING OTHER LOCAL GOVERN- MENTS; ENFORCEMENT; REPORTING INSPECTION, AND MONITORING REQUIREMENTS; PRETREATMENT REQUIREMENTS; INFORMATION AVAILABILITY; ADOPTION OF SIMILAR STANDARDS REQUIRED OF OTHER LOCAL GOVERNMENT USERS; REQUIRING USE OF PUBLIC SEWERS; REGULATING PRIVATE SEWAGE DISPOSAL; REGULATING BUILDING AND SEWER CONNECTIONS; PROVIDING FOR USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM; PROVIDING FOR APPLICATION OF THIS DIVISION; PROVIDING A GENERAL REPEAL- ER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 88-86 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 43. Mr. Bird moved that formal meetings be held on the first and third Tuesdays in December and a workshop on the second Tuesday in December, 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. Mayor Campbell declared the meeting adjourned at 10:25 P.M. ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of November 11, 1986, which minutes were formally approved and adopted by the City Council on~./~//Fp~. 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. -22- 11/11/86