Loading...
01-15-85 JANUARY 15~ 1985 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 7:06 P.M., Tuesday, January 15, 1985. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Timothy Fangmeier, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the Regular Meetings of December 4, 1984 and December 11, 1984, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.a.1. Mr. Robert Banker, High Point, stated that he purchased a parking sticker for the beach which is supposed to be good for twelve months. The sticker is three months old and is useless, only because he bought a new car; according to Ordinance No. 21-81, he cannot transfer the sticker from one car to another. Mr. Bird moved that staff be instructed to draft a change to the ordinance to allow people, upon presentation of their old sticker, to be issued a replacement sticker, at no cost, for their new car, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.1. Mr. Weatherspoon stated he has been informed by the City Manager that they have received a letter from the Department of Trans- portation which states that they reversed their decision and have agreed that a traffic signal can now be put at West Atlantic Avenue and 12th Avenue. They will know in four to six weeks how this fits into DOT's schedule. Mr. Weatherspoon moved that staff be instructed to look into what it would cost to have the traffic signal put in so they will have some idea and will be prepared to go in whatever direction they have to go, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.2. Mrs. Horenburger stated a letter has been received from Mr. Norman Price, Athletic Director of Atlantic Community High School, regarding the possibility of instituting a youth basketball league; the present league starts at 18 years and up. She would like Council to keep this in mind if and when they are approached about this. 5.b.3. Mrs. Horenburger stated she would like Mr. Barcinski, As- sistant City Manager, and the planning staff to study Items 5, 7, 8, 9, 10, 56, 68, 69, 84, 93 and 97 of the permitted uses in the SC district and look at the possibility of having those items under conditional use rather than permitted use. Basically, these permitted uses deal with auto sales, paint and body shops, etc., and she feels that if they were conditional uses they would have a better handle on them. Mayor Campbell requested that Mr. Barcinski be asked to place this on the next Planning and Zoning Board workshop. Mr. Bird stated his concern is that they seem to grandfather property because of what the original use of the property was. He feels they should be able to interfere with certain property, make it go back through some process to be upgraded and be an enhancement to the com- munity. Upon question by Mr. Bird as to whether a conditional use could be used for body shops, used car lots, etc., and whether that con- ditional use could run only with the license holder as opposed to the property, the City Attorney advised he does not think you can make a conditional use approval tied to the license holder or lessee. However, there is the potential of making the approval limited to a time frame. Mr. Bird asked that Mrs. Horenburger, in addition to her request, have staff investigate some manner by which they can get these conditional uses to reappear before the City periodically so they can evaluate whether or not they are still appropriate. Mrs. Horenburger agreed to Mr. Bird's request. 5.b.4. Mr. Jackel stated that on tonight's agenda there is an item regarding $22,000 to wire the City Marina; he considers this a waste of money in that something happened two years ago which he feels was care- lessness. He requested that the City Manager give Council the complete results of his investigation and recommendation at next week's workshop meeting. 5.b.5. Mayor Campbell stated Council received a request from the Palm Beach County Municipal League with regard to the Fair Share Con- tributions For Road Improvements Ordinances. He suggested that staff be directed to go ahead and prepare a resolution and have it on the consent agenda in two weeks. 5.b.6. Mayor Campbell presented a proclamation proclaiming January 1985, as "National Volunteer Blood Donor Month". 5.b.7. Mayor Campbell presented a proclamation proclaiming January 1985, as "Arbor Month". Mr. Bird stated that during the Delray Affair the City buys trees wholesale and sells them for cost to the citizens. He suggested that if they want to recognize Arbor Month they should do the same thing. Mr. Bird moved that the City buy a quantity of trees, equal to what they normally buy, make them available to the citizens at our cost and encourage people to plant a tree for Arbor Month, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.8. Mayor Campbell read a proclamation proclaiming January 15th as "Martin Luther King Day". Mayor Campbell suggested that this proc- lamation be presented to the Delray Beach Voters' League. 5.b.9. Mayor Campbell read a proclamation congratulating City employee Robert DeSisto on his outstanding accomplishment in receiving the highest score of all operators on the State-wide Florida Class B Water Treatment Plant Operators Exam. Mayor Campbell presented Mr. DeSisto with the proclamation and also a plaque awarding him a Certif- icate of Merit. 5.c.1. The City Attorney advised Council was furnished tonight a copy of Resolution No. 10-85 which arose from their controversy with a portion of N.W. 9th Avenue. This will strengthen the City's position that it is in fact a dedicated public road and will authorize the City to record a survey of that area in the public records of Palm Beach County. - 2 - 1/15/85 The caption of Resolution No. 10-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY A SURVEY OF A PORTION OF N.W. 9TH AVENUE, RECITING THE FACT THAT RIGHT TITLE EASEMENT AND AP- PURTENANCES IN AND TO SUCH ROAD HAVE VESTED IN THE CITY OF DELRAY BEACH, FLORIDA, DIRECTING THE CITY CLERK TO FILE SUCH A SURVEY IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY. (Copy of Resolution No. 10-85 is on file in the official Resolution Book) Mr. Jackel moved for the adoption of Resolution No. 10-85, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.c.2. The City Attorney advised that, relative to the Marina Delray, they have still not been able to receive the documents requested from the State. Therefore, he is not prepared to make any recommenda- tion to Council on the subject; however, he is recommending that ad- ditional time be granted and set the subject matter for the Council meeting of February 26th and to extend the temporary certificate of occupancy until noon of February 27th, 1985. Mr. Jackel moved that additional time for the Marina Delray be granted and the matter be set for the Council meeting of February 26th and that the temporary certificate of occupancy be extended until noon of February 27th, 1985, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Council, the City Attor- ney advised that he does have copies of correspondence between the Marina Delray attorney and the State of Florida indicating that they have requested the data Council is asking for. At this point the roll was called to the motion. 5.c.3. The City Attorney advised that, with regard to Item 14 on the Consent Agenda, the contract with Ocean Properties indicates a period of days. He is requesting that when Council approves this item a modification be made to the contract to add another day which will be some time around January 21st; this will include the same terms, con- ditions, reimbursement and insurance, etc. 5.c.4. The City Attorney requested that Item 22 be deleted from the Regular Agenda. 5.c.5. The City Attorney stated they need to discuss further a potential matter with the Main Street Program. He is requesting that Item 37 be removed from the Consent Agenda and placed as Item 40.a. on the Regular Agenda. 5.d.1. The City Manager requested that Item 23 be removed from the Consent Agenda, Item 28 be changed to indicate that the contract be awarded to Massey Chevrolet not Peacock Dodge and Item 42 be removed from the Regular Agenda. 5.d.2. The City Manager stated he received an official request from the Director of Operations of the Lavers Tournament to use the Miller Park site as a parking area for Saturday, February 16th and Sunday, February 17th; the area in question is the paved parking area and the grassy area just to the east of the parking area. - 3 - 1/15/85 Mr. Jackel moved to allow Miller Park to be used as a park- ing area for the Lavers Tournament on February 16th and 17th, the areas to be as stipulated by the City Manager, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird requested that they clarify the area to be allowed for parking in the letter which approves this re- quest; he would not like to see anyone parking on the baseball fields. At this point the roll was called to the motion. Mr. Bird moved for approval of the agenda with the removal of Items 22, 23, 42, the amendment of Item 14 to show one additional day on or about January 22nd, the amendment of Item 28 to show Massey Chev- rolet instead of Peacock Dodge, Item 37 to be moved to the Regular Agenda to be the first item following Item 40, Item 29 to be moved to the Regular Agenda as Item 40.b., Item 31 to be moved to the Regular Agenda as 49.a. and Item 49 to become Item 49.b., seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 7. Ordinance No. 97-84 - Amending Code - Pensions, Police and Firemen. Ordinance No. 97-84, amending Chapter 18 "Pensions and Retire- ment'' of the Code of Ordinances relative to disability retirement pro- visions, is before Council for consideration on Second and FINAL Read- ing. 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. 97-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIRE- MENT'', ARTICLE III, "PENSIONS FOR POLICE AND FIREMEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 18-53(1), "MEDICAL BOARD", BY REPEALING SECTION 18-4~(5), "DISABILITY", AND ENACTING A NEW SECTION 18-48(5), "DISABILITY RETIREMENT PRO- VISIONS", TO PROVIDE FOR PROCEDURES, QUALIFICATIONS, AND ELIGIBILITY FOR DISABILITY PENSIONS FOR POLICE OFFICERS AND FIREFIGHTERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 97-84 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 97-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 104-84 - Amending Code - Cable Television Franchise. Ordinance No. 104-84, amending Chapter 10 "Cable Television Franchise" of the Code of Ordinances, changing Grantee II from Denn- tronics Cable, Inc., to Sunbelt-Denntronics, Ltd., 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. - 4 - 1/15/85 The City Manager presented Ordinance No. 104-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "CABLE TELEVISION FRANCHISE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 10-2, "DEFINI- TIONS'' , BY CHANGING THE DEFINITION OF GRANTEE II TO REFLECT A TRANSFER OF THE FRANCHISE CURRENTLY HELD BY DENNTRONICS CABLE, INC. , TO SUNBELT-DENNTRONICS, A LIM- ITED PARTNERSHIP ORGANIZED UNDER THE LAWS OF THE STATE OF FLORIDA AND AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 104-84 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 104-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 105-84 - Amending Code - Pensions for General Employees. Ordinance No. 105-84, amending Chapter 18 "Pensions and Retirement" of the Code of Ordinances relative to eligibility, partic- ipation and service, 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. 105-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSION AND RETIRE- MENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE IV, "PENSIONS FOR GENERAL EMPLOYEES", DIVISION 2, "ELIGIBILITY; PARTICIPA- TION; SERVICE", BY REPEALING SECTION 18-79, "ELIGIBILITY; PARTICIPATION" , AND ENACTING A NEW SECTION 18-79, "ELIGIBILITY; PARTICIPATION", WHICH DEFINES "EMPLOYEE"; SETS FORTH THE DATE OF PARTICIPATION FOR EACH EMPLOYEE IN THE PENSION PLAN; MAKES THE PLAN MANDATORY, BUT PROVIDES THAT CERTAIN EMPLOYEES SHALL HAVE AN OPTION OF WHETHER TO PARTICIPATE IN THE PLAN; PROVIDES THAT PARTICIPANTS MAY UNDER CERTAIN CIRCUMSTANCES BE ENTITLED TO DISABILITY BENEFITS AND THAT THE BENEFICIARIES OF CERTAIN PARTIC- IPANTS MAY BE ENTITLED TO DEATH BENEFITS; THAT SECTION 18-80, "SERVICE", IS REPEALED AND A NEW SECTION 18-80, "SERVICE", IS ENACTED TO DEFINE "SERVICE" FOR PURPOSES OF BENEFIT CALCULATIONS AND TO PROVIDE THAT THE PERIOD OF SERVICE MAY BE MODIFIED BY THE PARTICIPANT'S BUYING BACK CERTAIN PERIODS OF UNEMPLOYMENT OR EXCLUSION FROM THE PLAN; BY AMENDING SECTION 18-82, "CREDITED SERVICE", TO DEFINE CREDITED SERVICE FOR PURPOSES OF CALCULATING NORMAL RETIREMENT DATE; TO DEFINE CREDITED SERVICE FOR PURPOSES OF BENEFIT CALCULATION; TO ALLOW FOR THE RE- PURCHASE OF PREVIOUS EMPLOYMENT PERIODS AS WELL AS ANY TIME PERIODS DURING WHICH AN EMPLOYEE OR FORMER EMPLOYEE WHO RETIRED FROM THE CITY DURING THE PAST YEAR WAS EXCLUDED FROM THE PLAN; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 105-84 is on file in the official Ordinance Book ) - 5 - 1/15/85 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. Jackel moved for the adoption of Ordinance No. 105-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10o Ordinance No. 108-84 - Amending Code - Responsibility for City Marina Administration. Ordinance No. 108-84, amending Chapter 8 "Boats and Boating" of the Code of Ordinances relative to transferring the responsibility of the City Marina administration from the Finance Department to the Parks and Recreation Department, 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. 108-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "BOATS AND BOATING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "ANCHORING AND MOORING", DIVISION 2, "CITY MARINA" , SECTION 8-41, "ADMINISTRA- TION'', TO MAKE A TECHNICAL CORRECTION TO THE LANGUAGE SET FORTH THEREIN TO SHOW THAT THE RESPONSIBILITY OF THE CITY MARINA ADMINISTRATION HAS BEEN TRANSFERRED TO THE JU- RISDICTION OF THE PARKS AND RECREATION DEPARTMENT; PRO- VIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 108-84 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 108-84 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 11. Extension of Completion of Delray Beach Public Library Ad- dition. Council is to consider a request for a 25% working day exten- sion, to January 25, 1985, for completion of the Public Library ad- dition. The Board of Directors of the Library concurred with the ar- chitect's recommendation for the extension. Approval is recommended. 12. Traffic Agreements - Swinton Avenue at N.E. 1st Street and S.E. 1st Street. Council is to consider authorizing execution of a 10-year agreement between the City and Palm Beach County to provide for maintenance and operation of traffic control devices located on Swinton Avenue at N.E. 1st Street and S.E. 1st Street. Approval is recommended. 13. Site Plan Approval - The Commons. Council is to consider a request for site plan approval for The Commons, a proposed 90,804-square foot general and professional office development located on the north side of West Atlantic Avenue between High Point Boulevard and The Hamlet Shoppes. This was approved 6-0 by the Planning and Zoning Board, subject to the following conditions: - 6 - 1/15/85 (1) Engineering Division's memorandum of August 10, 1984; (2) City Horticulturist's memorandum of September 10, 1984, and that item number three of this memorandum be resolved to the satisfaction of the City Horticulturist; (3) That all improvements be completed in accordance with the approved site plans; (4) That the time limitation of this approval be eighteen (18) months pursuant to Section 30-22 (E) of the Zoning Code. 14. Ratification of A~reement between City and Ocean Properties, Ltd. Council is to consider ratification of an agreement between the City and Ocean Properties, Ltd., for use of the municipal parking facil- ity adjacent to the Holiday Inn Camino Real for a crane to raise steel and other building materials to the top of the hotel. The municipal lot was closed from 3:00 p.m., December 26 through 12:01 a.m., December 30, 1984. (An additional day has been added to the contract; this will be on or about January 22, 1985). 15. Final Plat Approval - The Harbour's Edge (Plats 1 and 2). Council is to consider a request for final plat approval for The Har- bour's Edge (Plats 1 and 2), an approved life care retirement community, located at the northwest corner of Linton Boulevard and the Intracoastal Waterway. This was approved 6-0 by the Planning and Zoning Board. 16. Easement Deed - Delra¥ Plaza (Robert H. ~iebelt, Trustee). Council is to consider acceptance of a 10-foot off-site water main easement in Delray Plaza to satisfy final plat approval. Approval is recommended. 17. Reduction of Retainaqe - Crom Corporation. Council is to consider a request to reduce retainage from $22,091.80 to $5,000 for the IMG ground storage tank in the vicinity of High Point and Davis Road as the structure is 98% complete. The total contract was $270,918 and the $5,000 will assure that the disinfectant of the tank will be performed. Approval is recommended. 18. Conditional Use~ Site Plan Approval - The Colony Professional Offices. Council is to consider a request for conditional use and site plan approval for The Colony Professional Offices, a proposed 23,000- square foot professional office complex located on the east side of N.E. 6th Avenue, between N.E. 6th Street and N.E. 7th Street. This was approved 6-0 by the Planning and Zoning Board, subject to the following conditions: (1) Engineering Division's memorandum of December 10, 1984; (2) Director of Public Utilities' memorandum of December 12, 1984; (3) That the alley running through the property be abandoned before final plat approval; (4) That the only conditional uses to be allowed hereunder are as follows: Professional offices in accordance with Sec. 30-7(C)(12); (5) That all improvements be completed in accordance with the approved site plans; and (6) That the time limitation of this approval be eighteen (18) months pursuant to Sec. 30-21(E) and Sec. 30-22(E) of the Zoning Code. The Board further recommends that the standard sidewalk requirement for the construction of sidewalks on N.E. 7th Street, N.E. 6th Street, and N.E. 7th Avenue be waived, with the understanding that the sidewalk on N.E. 7th Avenue shall be constructed at such time as either of the properties to the north or south provide sidewalks. - 7 - 1/15/85 19. Ri~ht-of-Way Deed - Evangelical Reach Out Church for Christ~ Inc. Council is to consider acceptance of a right-of-way deed from the Evangelical Reach Out Church for Christ, Inc., for public street or highway purposes. Approval is recommended. 20. Wreckin~ Services. Council is to consider award of a con- tract to Zuccala's Wrecking Service, the only vendor able to recover heavy duty vehicles and recover vehicles where heavy equipment is re- quired. The annual cost will be $10,000-$15,000 with funds to come from the various department accounts. Approval is recommended. 21. Mobile Communication Services. Council is to consider award of a contract for mobile communication services to the only bidder to meet the City's needs, Mobile Communication Services. The annual con- tract will cost approximately $9,756, with $371.50 per month for the Fire Department and $459.50 per month for the balance of the City. Funds are to come from the various departments' budgets. Approval is recommended. 24. Final Plat Approval - Linton Square. Council is to consider a request for final plat approval for Linton Square, an approved 107,885-square foot shopping center, located at the northeast corner of Linton Boulevard and Congress Avenue. This was approved 5-1 by the Planning and Zoning Board (Sumrall dissenting). 25. Health, Life and Disability Insurance. Council is to con- sider authorizing entering into a contract with Gulf Life Group In- surance Company for disability benefits to commence immediately and health and life benefits to commence March 1, 1985, and to authorize $120,704 from the General Fund balance to be reserved for the City's group medical insurance. 26. Fuel and Motor Oil. Council is to consider award of con- tracts to the following low bidders with funds to come from the 1984/85 department accounts: Vendor John Behnke Fuel by tankwagon Chevron USA Fuel by transport Flamingo Oil Oil Total expenses for fuel during the past year amounted to $156,330.43. Approval is recommended. 27. Electrical Rewirin~ - City Marina. Council is to consider award of a contract to the low bidder, Ledbetter Electric, Inc., for electric rewiring at the City Marina in the amount of $22,187.43, with funds to come from the Marina Fund. Approval is recommended. 28. Vehicles for Public Works and Police Departments and Parks Division. Council is to consider award of contracts to the following low bidders with funds to come from the 1984/85 department accounts: Public Works Vendor Item Qty Price Peacock Dodge (State) Pickup Mid size 1 $ 7,211.00 " Pickup w/utility body 1 7,710.00 Bill Wallace 4-door passenger (used) 1 7,000.00 " " " " 1 7,000.00 Biggs Ford (State) 10-ton dump 1 17,396.12 Palm Beach Dodge Mini-Ram van 1 9,379.91 Powell Motor Maxi-Van 1 8,994.00 $64,691.03 Parks Division Peacock Dodge (State) 3/4 Ton Pickup 1 $ 6,581.00 " 2 Ton Cab 1 12,885.87 " 3/4 Ton Pickup 2 15,704.00 " Crew Cab 1 10,140.00 Bill Wallace 3/4 Ton Cab 2 19~389.24 $64,700.11 - 8 - 1/15/85 As indicated in the attached memorandum, it is recommended that a con- tract be awarded to Massey Chevrolet in the amount of $9,627.98 for a full-size van for the Police Department. Approval is recommended. 30. City Cemetery. Council is to consider authorizing $15,000 to be transferred from the General Fund Contingency to the Cemetery Fund for capital improvements. 32. Annexation Request - South of Germantown Road between the E-4 Canal and Homewood Boulevard if extended south (Sylvan Place). Resolution No. 2-85, requesting permission from the Palm Beach County Board of Commissioners to rezone a 64.89-acre parcel, subject to R-1AA (Single Family Dwelling) District, is before Council for consideration. It is zoned AG (Agricultural) in the County and is designated SF (Single Family) on the City's Land Use Plan. The caption of Resolution No. 2-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AG-AGRICUL- TURAL TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 2-85 is on file in the official Resolution Book) 33. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 3-85, accepting all sanitary sewers and water utilities as opera- tional as recorded in the plat of Park Ten Second Addition, is before Council for consideration. The caption of Resolution No. 3-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PARK TEN SECOND ADDITION, AS RECORDED IN PLAT BOOK 49, PAGE 82 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLU- TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 3-85 is on file in the official Resolution Book) 34. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 4-85, accepting all sanitary sewers and water utilities as opera- tional as recorded in the plat of South Delray Shopping Center, is before Council for consideration. The caption of Resolution No. 4-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN SOUTH DELRAY SHOPPING CENTER, AS RECORDED IN PLAT BOOK 47, PAGE 45 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: WITHIN THE PLAT, A WATER MAIN ALONG THE NORTH LINE TO FLORIDA BOULEVARD AND A SEWER MAIN ALONG AVENUE L TO SPANISH TRAIL, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACIL- ITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORS~NCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. - 9 - 1/15/85 35. Storm Drains Acceptance. Resolution No. 5-85, accepting storm drains as operational as recorded in the plat of South Delray Shopping Center, is before Council for consideration. The caption of Resolution No. 5-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING STORM DRAINS IN AVENUE L TO THE INTRACOASTAL WATERWAY INSTALLED IN SOUTH DELRAY SHOPPING CENTER, AS RECORDED IN PLAT BOOK 47, PAGE 45 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERA- TIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DIS- CHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 5-85 is on file in the official Resolution Book) 36. Participation in the "Main Street" Pro~ram. Resolution No. 6-85, authorizing participation in the Main Street Program, is before Council for consideration. The caption of Resolution No. 6-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING PARTICIPATION IN THE "MAIN STREET" PROGRAM; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO FLORIDA MAIN STREET PRO- GRAM. (Copy of Resolution No. 6-85 is on file in the official Resolution Book) 38. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 7-85, accepting all sanitary sewers and water utilities as opera- tional as recorded in the plat of Park Ten Second Addition, is before Council for consideration. The caption of Resolution No. 7-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PARK TEN 2ND ADDITION, AS RECORDED IN PLAT BOOK 49, PAGE 82 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: WITHIN THE PROJECT AND A 6" WATER MAIN ACROSS THE SOUTH EDGE OF PARK TEN 1ST ADDITION TO S.W. 15TH AVENUE, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTIL- ITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 7-85 is on file in the official Resolution Book) 39. Water Utilities Acceptance. Resolution No. 8-85, accepting all the water utilities as operational as recorded in Delray Plaza, is before Council for consideration. The caption of Resolution No. 8-85 is as follows: - 10 - 1/~5/85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, kCCEPTING ALL THE WATER UTILITIES IN- STALLED IN DELRAY PLAZA, AS RECORDED IN PLAT BOOK 47, PAGE 50 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: A WATER MAIN EXTENSION FROM FLORIDA BOULEVARD WEST 200' TO A FIRE HYDRANT APPROXIMATELY 20' NORTH OF THE SOUTH PROP- ERTY LINE, AS OPERATIONAL AND SETTING THE INITIAL SCHED- ULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IM- POSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PRO- VIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 8-85 is on file in the official Resolution Book) 40. Annexation Request - East side of Federal Highway between Linton Boulevard and S.E. 10th Street (Anderson/Yusem). Resolution No. 9-85, requesting permission from the Palm Beach County Board of Commis- sioners to rezone a 0.51-acre parcel, subject to POI (Professional, Office and Institutional) zoning, is before Council for consideration. It is zoned CG (General Commercial) in the County and is designated MF-15 (Multiple Family) on the City's Land Use Plan. The caption of Resolution No. 9-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CG-GENERAL COMMERCIAL, TO THE CITY'S ZONING CLASSIFICATION POI (PROFESSIONAL, OFFICE, AND INSTITUTIONAL) DISTRICT. (Copy of Resolution No. 9-85 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda, as modified, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 40.a. (Item 37) Appropriation of Funds - "Main Street" Pro~ram. Coun- cil is to consider authorizing appropriation of funds in the amount of $18,000 to come from the General Fund Contingency to finance the "Main Street" program. The City Attorney stated this is a three year program; although everything would be subject to budget, Council will be com- mencing an operation that has that extended period of time. He feels that Council needs to be aware that the funding may be more than $18,000 and that they may need to contribute the other portion which the DDA may or may not be able to contribute in the future. Mr. Jackel stated, if the DDA is not able to come through because of certain legalities, he would hope that the difference of $18,000 would be picked up by the Atlantic Avenue Association, the Chamber of Commerce and any other organization which cares to con- tribute, not the City. Upon question by Mayor Campbell, Ms. Barbara Smith, member of the Atlantic Avenue Task Force, stated that the Board will be doing the interviews for the manager position. They will need a formal rat- ification by Council of a Board very shortly. - 11 - 1/15/85 Mr. Bird questioned if the Board would operate as an agency like the Library, i.e., they would submit a budget to Council which would be ratified and would be their authorization to expend the funds. The City Attorney stated, basically, this is a transfer of funds to them. It will not be an employee of the City, it will be in the nature of a not-for-profit corporation that would be hiring their own employee and the City would be providing them some funding. Mr. Jackel moved to appropriate $18,000 from the General Fund. Contingency to be spent towards the "Main Street" program, for the first year, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 40.b. (Item 29) Vehicles for Parks and Recreation Department. Council is to consider award of contracts to the following low bidders with funds to come from the Parks and Recreation 1984/85 budget: Vendor Item Qty Price Miller Dodge 1985 15-passenger vans 2 $24,806.60 Southeast Auto 1984 Mercury Marquis 1 8,000.00 $32,806.60 Upon question by Mayor Campbell, the City Manager clarified that the Mercury Marquis is a mid-size car. Mr. Bird moved to award contracts to Miller Dodge and South- east Auto with funds to come from the Parks and Recreation 1984/85 budget, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 41. Presentation relative to Council consideration of plans for Police Facility. Mr. Marion Varner, Consultant for the Police Facility, stated in order to meet the time constraints on the part of the ar- chitect, he agreed to produce an interim report in sufficient time to allow the architects to commence and complete the feasibility study. The final report is almost ready and will be delivered to Council by the end of this month; it will describe in more detail how they arrived at some of their decisions. Mr. Varner outlined what the final report will contain. Mr. Varner stated after he completed his report the ar- chitect sent him copies of his concept plans; he did a rework of those plans and the area is now reduced to 36,000 square feet. He stated he feels as the plan develops in the next phase, which would not be until after the bond issue, there will be minor adjustments. However, in his opinion, if the building is reduced materially from this point the saving would be relatively small and if the reduction is too great it could definitely hamper the function of the building and its long range projections. Mr. Di~by Bridges, architect, stated that at Council's last meeting they decided to go with the new site; they still feel the Atlan- tic Avenue site is the best one. Mr. Bridges presented plans of the proposed building, explained to Council where each department will be within the building so as to be easily accessibile to the public, and what the building materials will be. They feel the design of the build- ing has a pleasing look about it, but will also look authoritative and secure. Mr. Bridges stated that police facilities are highly spe- cialized and explained the protection measures they have taken through- out the building. The cost of the building will be $3,968,000; for the City to have its own communication center at 800 megahertz, which most likely they would be forced to do, would cost between $600,000 and $800,000. This would bring the total cost of the building to $3,968,000 plus $800,000 and then whatever it would cost to float the bonds and the internal work; a total cost of $5,000,000 should cover everything. - 12 - 1/15/85 Upon question by Mr. Bird, Mr. Bridges stated there have been provisions made for the building to function with its own self- sufficient power; the emergency generator and wiring are included in the price. Mr. Varner stated in the final report there will be a sep- arate chapter on communications problems. It is his recommendation, and that of their communications consultant, that Delray should have their own dispatch center rather than continue depending on the CDC. Whether or not the City decides to do this, they have provided in the building the space that would be required for a complete communication dispatch center; it could also be used as a disaster center if they remain with CDC. Mr. Bird questioned, if they were to review the plans and next week they determined a need to change the scope of the building or include something, could they make a motion on the 29th as to a dollar amount for the bond issue specifying its use, general location and have it on the ballot even though they do not have finished architectural drawings. The City Attorney stated they could; however, they would have to make it relatively specific. Mr. Bird suggested to Council for their consideration that they include the communications equipment, make sure they have the figures firmly in hand and make the motion in the resolution, which will establish the wording on the ballot, as a dollar motion instead of an incorporation of a specific plan. The City Attorney advised the one caveat to that would be that they would not be permitted to authorize a general obligation bond today or on the 29th for an amount more than what they know the building will cost; they would have to be close to the amount of money. Mayor Campbell commended Mr. Bridges and his staff on the job they have done and felt the building is a very impressive facility. He also thanked Mr. Varner for his help and assistance in this project. 43. Appeal to Decision of Community Appearance Board - Atlas Transmissions. Council is to consider an appeal of the CAB decision regarding the Atlas Transmissions building at 102 S.E. 5th Avenue. Mr. William Empke Jr., owner of Atlas Transmissions, stated when his plans were first presented to the City they were turned down as the back of the building could not be used for parking. He had an architect redesign the plan which was approved by the Planning and Zoning Board; it was then presented before the Community Appearance Board and turned down. Mr. Terry Lee, member of the CAB, stated this project was presented twice to the CAB and was turned down both times; they felt a metal building was not in keeping with an area of the City they are trying to upgrade. Mr. Empke stated it was his understanding the CAB denied his plans the first time because of the color and because they did not want doors, they wanted louvers put over the doors. He contacted the City Manager's office and was told that if he talked to Mr. Bridges he would be told some things to do. Mr. Bridges asked him if he would agree to putting the roof all round the building and louvers over the doors; he would then talk to the Board to see if they would accept those mod- ifications. The second time the plans were brought before the CAB Mr. Bridges was not there to explain to the Board what the situation was and the plans were denied again. He feels he should have been told he could not construct a metal building in that area when he first came to the City with his plans. Mayor Campbell stated he feels it would be helpful if the City Attorney prepared a definitive memorandum so they know the degree to which they may go in imposing our standards on applicants. - 13 - 1/15/85 Upon question by Mayor Campbell, the City Attorney stated it is not a consideration in the ordinance that an application be rejected just because of the building material. The grounds for rejection need to be specifically stated in the ordinance, the Board cannot be sub- jective and they need to explicate the exact reasons for their decision. Mr. Bird stated he is going to request that the City At- torney meet with the CAB as he feels it is important that the Board exercises their authority in accordance with the ordinance. Mr. Bird stated he is going to recommend that Council move Community Appearance Board consideration prior to Planning and Zoning Board approval. This situation occurs frequently where the P&Z Board approves a project, it then goes to the CAB and they turn the plans down for aesthetic reasons. Mr. Bird moved that Council formally direct the Administra- tion to come forth with a plan, as rapidly as possible, which will resequence the process, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird stated perhaps they should also consider preliminary CAB in the same manner they have preliminary P&Z and formally inform the CAB they feel it would be a good thing for them to do. At this point the roll was called to the motion. Mrs. Horenburger stated there was a comment made earlier about an ordinance which was cited by the CAB during their delibera- tions; she would like to hear that ordinance. Mr. Bird suggested that they postpone this item until 7:00 P.M. next Tuesday as he would like to listen to the tape of both Mr. Empke's appearances before the CAB to find out what he was told by the Board. This would give him the opportunity to (1) study the information Mrs. Finst is about to give them and (2) study the record and they can then make a final judgment next week. Alice Finst, member of the CAB, quoted from the section of the ordinance on which they based their decision. Mr. Bird moved that they postpone this item until next Tuesday at 7:00 P.M., seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - 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. Weatherspoon agreed with Mr. Bird's comments and stated he feels they do need to modify the ordinances to be more specific. Mr. Jackel stated he feels what Mr. Empke intends to con- struct will not benefit the area and that the CAB's decision was the correct one. At this point the roll was called to the motion. 44. Appointments - Code Enforcement Board. Council is to con- sider the appointments of three regular and four alternate members to the Code Enforcement Board to terms ending January 14, 1988. Mrs. Horenburger moved that Mrs. Patricia Saunders and Mr. Donald Elliot be reappointed as regular members, Mr. Cohen, Mr. Plum, Mr. Wallin and Mr. Conversano be reappointed as alternate members, and that Mr. McDonald be moved from an alternate member to a regular member, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 14 - 1/15/85 45. Appointments - Internal Audit Committee. Council is to consider the appointments of one regular member to the IAC to a term ending April 27, 1985 and two alternate members to terms ending April 27, 1985 and April 27, 1986. Mr. Bird requested that they postpone this item pending receipt of some resumes. 46. Comprehensive Liability Insurance. Council is to consider approval of and authorization to enter into an agreement with Northwest Insurance Company of Louisiana relative to the City's previous com- prehensive liability insurance coverage and to authorize expenditure, as additional premium, an amount not to exceed $11,500 for this purpose. Approval is recommended. The City Attorney stated this item is basically for ratifica- tion of this agreement. By accepting this agreement it would require the City to contribute into the plan and abide by the terms and con- ditions. Mr. Bird moved to approve and authorize entering into an agreement with Northwest Insurance Company of Louisiana, with funds to come from the Self Insured Retention Fund, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 47. Water/Sewer Consulting Engineers. Council is to consider short listing for potential consulting engineers for future presenta- tions. Hr. Bird moved that they accept the recommendation of the short list which was provided by Mr. Pontek: Russell & Axon, CH2M Hill and Post Buckley, Schuh & Jernigan, Inc. Mrs. Horenburger requested that they add the firm of James M. Montgomery. Mr. Bird amended his motion to include James M. Montgomery. Mr. Jackel requested that they also add the firm of Barker, Osha and Anderson. Mr. Bird suggested if they are going to add a fifth name they should rate those five and the four with the most votes will be the firms on the short list. The City Attorney advised once Council has established the four firms they will be in no particular order; they will be the four invited to come and make a presentation. Council should sign their names on the paper and they will be made part of the record. Mayor Campbell announced that while the ballots are being counted they will proceed to the next item. 48. Recreational Impact Fees. Council is to consider evaluating the present proposed divisions of the City. The City Manager stated this item is on the agenda at Coun- cil's request; they need to decide whether or not they wish to divide the City into sections. Mayor Campbell questioned if they could look at the ordi- nance, the way it is presently structured, and find out if it would be possible not to have any regional proposals; most of the proposals are City-wide and they could limit their efforts to City endeavors. The City Manager stated he is sure they could; however, the ordinance states "within reasonable proximity" to where the funds are received. - 15 - 1/15/85 Mr. Bird stated when Council developed the amount of money which created the impact fee of $500, they included regional facilities within that gross dollar total. The City Attorney stated one of the reasons for this dis- tricting concept is that in Palm Beach County's Fair Share Road Impact Fee case and Broward County's Park case they utilized a zoning concept as a guideline. Mayor Campbell suggested it would be easier to keep track of things if they were to prepare a list which had City-wide application, rather than get into regionalism; they can then use the General Budget area funds, if it is necessary, to go into a local park. Upon question by Mayor Campbell, the City Attorney advised they already have a list which was started in 1981; they are presently in the process of officially revising it and making sure the figures are correct. Mr. Bird stated, since they have established a computer program and they are currently keeping track of money in districts, they should keep it in regions if it is in any way going to protect them legally from challenge. This would also give them an opportunity to start on some regional projects which are overdue to be done and some which they are already committed to. Mr. Bird moved that the community be divided along the lines from which we are already collecting data, which would be 5 zones, and that staff be directed to bring a list of projects within those areas, or City-wide, which they may consider next week, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 47. Mayor Campbell announced that the four firms which will be invited to make a presentation before Council are: Post Buckley, Schuh and Jernigan, Inc., Russell & Axon, CH2M Hill and James M. Montgomery. Mr. Bird moved that the four firms for the short list are as stated by Mayor Campbell, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 49.a. (Item 31) Annexation Request - North of Allen Avenue~ if extended west between U.S. 1 and Dixie Highway (Miller Dodge). Resolution No. 1-85, requesting permission from the Palm Beach County Board of Com- missioners to rezone a 0.67-acre parcel, subject to SC (Specialized Commercial), is before Council for consideration. It is zoned CG (General Commercial) in the County and C (Commercial) on the City's Land Use Plan. The caption of Resolution No. 1-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CG-GENERAL COMMERCIAL, TO THE CITY'S ZONING CLASSIFICATION SC (SPE- CIALIZED COMMERCIAL) DISTRICT. (Copy of Resolution No. 1-85 is on file in the official Resolution Book) Mr. Jackel stated he read Mr. McDaniel's memorandum and concurs with his comments; he considers this spot zoning and feels it would be easier to change the ordinance on non-conforming uses. - 16 - 1/15/85 Mayor Campbell stated he disagreed with Mr. McDaniel's memo. However, he would ask that the Planning and Zoning Board address the question of conditional use and the timing factor and request an ordi- nance change. Mr. Bird moved for the adoption of Resolution No. 1-85, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 49.b. (Item 49) Ordinance No. 1-85 - Miller Dodge Annexation. Ordi- nance No. 1-85, relative to annexing a 0.67-acre parcel subject to SC (Specialized Commercial) zoning district, located north of Allen Avenue, if extended west, between U.S. 1 and Dixie Highway, is before Council for consideration on First Reading. If passed, Public Hearing will be held on February 12th. The City Manager presented Ordinance No. 1-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED NORTH OF ALLEN AVENUE, IF EXTENDED WEST, BETWEEN U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE ZONING THEREOF, PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 1-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 50. Ordinance No. 2-85 - Miller Dodge Rezonin~. Ordinance No. 2-85, relative to rezoning a 1.05-acre parcel from GC (General Com- mercial) to SC (Specialized Commercial), is before Council for con- sideration on First Reading. The property is located north of Allen Avenue, if extended west, between U.S. 1 and Dixie Highway. If passed, Public Hearing will be held January 29th. The City Manager presented Ordinance No. 2-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL ) DISTRICT IN SC ( SPECIALIZED COMMERCIAL) DISTRICT, A PARCEL OF LAND LYING AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED NORTH OF ALLEN AVENUE, IF EXTENDED WEST, BETWEEN U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; '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. 2-85 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 51. Ordinance No. 3-85 - Sylvan Place Annexation. Ordinance No. 3-85, relative to annexing a 64.89-acre parcel subject to R-1AA (Single Family Dwelling) District, located south of Germantown Road, between the E-4 Canal and Homewood Boulevard, is before Council for consideration on First Reading. If passsed, Public Hearing will be held February 12th. - 17 - 1/15/85 The City Manager presented Ordinance No. 3-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A 64.89-ACRE PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED SOUTH OF GERMANTOWN ROAD, BETWEEN THE E-4 CANAL AND HOMEWOOD BOULEVARD, IF EXTENDED SOUTH; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 3-85 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 52. Ordinance No. 4-85 - Amendin~ Code - Buildings and Construc- tion. Ordinance No. 4-85, amending Chapter 9, "Buildings and Construc- tion" of the Code of Ordinances to allow a one for one substitution of coconut palms for canopy trees, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 29th. The City Manager presented Ordinance No. 4-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'' , ARTICLE X, "LANDSCAPING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-378, "REQUIREMENTS FOR CERTAIN YARD AREAS, OFF-STREET PARKING, OTHER VEHICULAR USE AREAS", SUBSECTION (f), "PARKING AREA INTERIOR LANDSCAPING" (3), TO PROVIDE THAT ONE COCONUT PALM HAVING A CLEAR TRUNK OF TWO (2) FEET MAY SERVE AS A SUBSTITUTE FOR ONE TREE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 4-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 53. Ordinance No. 5-85 - Zonin~ Ordinance Amendment - Con- tractors'Offices. Ordinance No. 5-85, amending Chapter 30 "Zoning" of the Code of Ordinances to allow contractors' offices as a permitted use within the GC (General Commercial) District and SC (Specialized Com- mercial) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 29th. The City Manager presented Ordinance No. 5-85: 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 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (B) "PERMITTED USES" BY ADDING AS A PERMITTED USE "CON- TRACTORS' OFFICES, INCLUDING BUT NOT LIMITED TO AIR CONDITIONING, BUILDING, ELECTRICAL, PAINTING, AND PLUMB- ING; EXCLUDING ANY OUTSIDE STORAGE OF MATERIALS"; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL ) DISTRICT" (B) "PERMITTED USES" BY ADDING AS A PERMITTED USE, "CONTRACTORS' OFFICES, INCLUDING BUT NOT LIMITED TO AIR CONDITIONING, BUILDING, ELECTRICAL, PAINTING, AND PLUMBING; EXCLUDING ANY OUTSIDE STORAGE OF MATERIALS"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. - 18 - 1/15/85 The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 5-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 54. Ordinance No. 6-85 - Zoning Ordinance Amendment - Building Height. Ordinance No. 6-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building height, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held January 29th. The City Manager presented Ordinance No. 6-85: 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'' (H) "BUILDING HEIGHT" TO DELETE THE REFERENCE TO THE NUMBER OF STORIES AND FIXING THE MAXIMUM HEIGHT AT SIXTY (60) FEET; BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (H) "BUILDING HEIGHT" TO DELETE THE REFERENCE TO THE NUMBER OF STORIES AND FIXING THE MAXIMUM HEIGHT AT SIXTY (60) FEET; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT" (H) "BUILDING HEIGHT" TO DELETE THE REFERENCE TO THE NUMBER OF STORIES AND FIXING THE MAXIMUM HEIGHT AT SIXTY (60) FEET; BY AMENDING SECTION 30-13 "CBD (CENTRAL BUSINESS ) DISTRICT" (H) "BUILDING HEIGHT" TO DELETE THE REFERENCE TO THE NUMBER OF STORIES AND FIXING THE MAXIMUM HEIGHT AT SIXTY (60) FEET; BY AMENDING SECTION 30-14 "LI (LIGHT INDUSTRIAL) DISTRICT" (H) "BUILDING HEIGHT" TO DELETE THE REFERENCE TO THE NUMBER OF STORIES AND FIXING THE MAXIMUM HEIGHT AT SIXTY (60) FEET; BY AMENDING SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT" (H) "BUILDING HEIGHT" TO DELETE THE REFERENCE TO THE NUMBER OF STORIES AND FIXING THE MAXIMUM HEIGHT AT SIXTY (60) FEET; BY AMENDING SECTION 30-15.2 "PCC (PLANNED COMMERCE CENTER) DISTRICT" (I) "BUILDING HEIGHT" TO DELETE THE REFERENCE TO THE NUMBER OF STORIES AND FIXING THE MAXIMUM HEIGHT AT SIXTY (60) FEET; BY AMENDING SECTION 30-15.3 "POI (PROFESSIONAL, OFFICE, AND INSTITUTIONAL) DISTRICT" (H) "BUILDING HEIGHT" TO DELETE THE REFERENCE TO THE NUMBER OF STORIES AND FIXING THE ~%XIMUM HEIGHT AT SIXTY (60) FEET; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird stated they have received a significant amount of input from organizations who have studied this ordinance. He feels it would be appropriate, before they take action on first reading, to remand this ordinance to a workshop meeting to receive any additional input from the citizens. Mr. Bird moved that Ordinance No. 6-85 be placed on the next workshop agenda, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 55. Ordinance No. 7-85 - Zoning Ordinance Amendment - MIC (Mixed Industrial and Commercial) District. Ordinance No. 7-85, amending Chapter 30 "Zoning" of the Code of Ordinances to create the MIC (Mixed Industrial and Commercial) District, is before Council for consideration. on First Reading. If passed, Public Hearing will be held January 29th. - 19 - 1/15/85 The City Manager presented Ordinance No. 7-85: 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 30-2 "ESTABLISHMENT OF ZONING DISTRICT, PROVISIONS FOR OFFICIAL ZONING MAP" (C) "ESTABLISHMENT OF ZONING DISTRICT" TO PROVIDE FOR THE ESTABLISHMENT OF A MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; ENACTING A NEW SECTION 30-15.4 "MIC (MIXED INDUSTRIAL AND COM- MERCIAL) DISTRICT"; PROVIDING FOR THE PURPOSE OF SAID MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; PROVIDING FOR THE PERMITTED AND CONDITIONAL USES IN SAID MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; PROVIDING FOR NO REQUIREMENTS FOR LOT DIMENSIONS AND SITE AREA WITHIN SAID MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; PROVIDING FOR BUILDING SETBACKS, GROUND FLOOR BUILDING AREA, TOTAL FLOOR AREA, BUILDING HEIGHT, PARKING AND LOADING REGULA- TIONS, WALLS AND FENCES, LANDSCAPING, SIGNS; PROVIDING FOR SPECIAL REGULATIONS; PROVIDING A SAVING CLAUSE; PROVIDNG FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 7-85 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 56. Ordinance No. 8-85 - Zoning Ordinance Amendment - R-1A-C (Single Family/Duplex Dwelling) District. Ordinance No. 8-85, amending Chapter 30 "Zoning" of the Code of Ordinances to create the R-1A-C (Single Family/Duplex Dwelling) District, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held Ja nua ry 29 th. The City Manager presented Ordinance No. 8-85: 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 30-2 "ESTABLISHMENT OF ZONING DISTRICTS, PROVISION FOR OFFICIAL ZONING MAP" (C) "ESTABLISHMENT OF ZONING DISTRICTS" TO CREATE A NEW ZONING CLASSIFICATION OF R- 1A-C (SINGLE FAMILY/DUPLEX DWELLING ) DISTRICT; AMENDING SECTION 30-5 TO PROVIDE FOR AN R-1A-C (SINGLE FAMILY/DUPLEX DWELLING) DISTRICT; AMENDING SECTION 30 -5 (B) "PERMITTED USES" BY ADDING A NEW SUBSECTION (3) TO PERMIT DUPLEX STRUCTURES IN THE R-1A-C DISTRICT; AMENDING SECTION 30-5 (D) "LOT DIMENSIONS AND SITE AREA" BY ADDING A NEW SUBSECTION (7) TO PROVIDE FOR LOT DIMENSIONS IN THE R-1A-C DISTRICT OF 8,000 SQUARE FEET, AND PROVIDING FOR WIDTH, FRONTAGE AND DEPTH REQUIREMENTS; AMENDING SECTION 30-5 (E) "AGGREGATE FLOOR AREA REQUIREMENTS" TO PROVIDE FOR MINIMUM IN THE R-1A-C DISTRICT OF 1,000 SQUARE FEET; AMENDING SECTION 30-5 (F) "BUILDING SETBACKS" (1) "MINI- MUM SETBACKS" BY ADDING SUBSECTION (7) TO PROVIDE FOR AN R-1A-C DISTRICT AND PROVIDING FRONT, SIDE (INTERIOR), SIDE (STREET) AND REAR SETBACKS; AMENDING SECTION 30-5 (N) "SPECIAL REGULATIONS" BY ADDING A NEW SUBSECTION (7) TO PROVIDE FOR AN R-1A-C DISTRICT AND TO PERMIT DUPLEX STRUCTURES WITHIN THE R-1A-C DISTRICT WITH CERTAIN CONDI- TIONS; FURTHER AMENDING SUBSECTION (N), "SPECIAL REGU- LATIONS'', BY ADDING A NEW SUBSECTION (8) TO PROVIDE FOR CONVEYANCE OF ONE-HALF OF THE LOT UNDER CERTAIN CONDI- TIONS; PROVIDING A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. - 20 - 1/15/85 The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 8-85 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 57. Ordinance No. 9-85 - Amending Code - Buildings and Construc- tion. Ordinance No. 9-85, amending Chapter 9 "Buildings and Construc- tion" of the Code of Ordinances to provide for the City Manager to authorize exemptions for identification and directional signs for City facilities and public purpose organizations, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 29th. The City Attorney advised Council has two ordinances before them; an alternative ordinance was distributed this evening. This item arises from Council's direction to staff to develop an ordinance in conformity with the motion which was adopted that the City Manager be given certain authority to approve of signs that deal with City facil- ities. The ordinance provided in Council's agenda package provides only for City Manager approval of identification or directional signs. Subsequent discussions with the City's licensees have indicated that there are additional problems. The alternative ordinance would permit the City Manager to approve of signs located on City property or rights- of-way which deal with City facilities; however, they need not neces- sarily be identification or directional signs. The City Manager presented Alternative Ordinance No. 9-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'' , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS" , SECTION 9-212 , "SPECIAL SIGNS" , BY ADDING A NEW SUBSECTION (F), "EXEMPT SIGNS", TO PROVIDE FOR THE CITY MANAGER TO AUTHORIZE EXEMPTIONS FOR ANY SIGNS FOR CITY FACILITIES AND PUBLIC PURPOSE ORGANIZA- TIONS; 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. 9-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 58. Ordinance No. 10-85 - Amending Code - Buildings and Con- struction. Ordinance No. 10-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to signal signs which may be approved by the designated inspector of the Building Department, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 29th. The City Manager presented Ordinance No. 10-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'' , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-196, "PURPOSE", SUBSECTION (b) TO PROVIDE FOR SIGNS EXEMPTED UNDER SECTION 9-212 (F); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 21 - 1/15/85 Mr. Bird moved for the adoption of Ordinance No. 10-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 59. Ordinance No. 11-85 - Amending Code - Buildings and Con- struction. Ordinance No. 11-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to exempted signs, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 29th. The City Manager presented Ordinance No. 11-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-200, "PERMITS REQUIRED; EXCEP- TIONS'', SUBSECTION (b) BY ADDING A NEW SUBSECTION (3) WHICH PROVIDES FOR SIGNS EXEMPTED UNDER SECTION 9-212 (F); 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. 11-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 60. Ordinance No. 12-85 - Anderson/Yusem Annexation. Ordinance No. 12-85, relative to annexing a 0.51-acre parcel subject to POI (Pro- fessional, Office, and Institutional) District, located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street, is before Council for consideration on First Reading. If passed, Public Hearing will be held February 12th. The City Manager presented Ordinance No. 12-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THAT PART OF LOTS 10 AND 11, BLOCK 1, MODEL LAND COMPANY'S SUBDIVISION IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 (STATE ROAD NO. 5) AND BETWEEN THE WESTERLY EXTENSION OF THE NORTH AND SOUTH BOUNDARIES OF LOT 27, BLOCK 2, OF THE SAID SUB- DIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 128 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE SOUTH 100 FEET THEREOF, AS MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE OF U.S. HIGH- WAY NO. 1, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY, BETWEEN LINTON BOULEVARD AND S.E. 10TH STREET; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 12-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 22 - 1/15/85 Mr. Beril Kruger, representing the applicants, stated they are going to have to apply for a variance on this project as they are complying with the Planning and Zoning Board's recommendation of a POI zoning category and not SC; this causes a 20 foot setback instead of a 15 foot setback. They are requesting that Council give them something recommending to the Board of Adjustment that this be approved. Mr. Bird moved to applaud the applicants' willingness to cooperate with the Planning and Zoning Board, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 61. Ordinance No. 13-85 - Changing the City's Land Use Plan Designation (Anderson/Yusem). Ordinance No. 13-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.51-acre parcel, located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held February 12th. The City Manager presented Ordinance No. 13-85: 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 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROM MF-15- MULTIPLE FAMILY TO POI-PROFESSIONAL, OFFICE, AND INSTITU- TIONAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 13-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 62. Ordinance No. 14-85 - Amending Code - Buildings and Con- struction. Ordinance No. 14-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to minimum door width requirements, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 29th. The City Manager presented Ordinance No. 14-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION", ARTICLE II, "BUILDING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", TO INCLUDE AMENDMENTS TO SECTION 508 OF THE STANDARD BUILD- ING CODE, BY ADDING A NEW SUBSECTION 508.1, "APPLICA- TION", TO REFER TO SUBSECTION 508.4(g) FOR APPLICATION OF SINGLE FAMILY UNITS AND DUPLEXES; BY ADDING A NEW SUB- SECTION 508.4(g), TO ADD MINIMUM DOOR WIDTH REQUIREMENTS FOR DWELLING UNITS INCLUDING SINGLE FAMILY UNITS AND DUPLEXES UNDER CERTAIN CONDITIONS, AND HOTELS AND MOTELS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; 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. 14-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. - 23 - 1/15/85 Before roll call the following discussion was had: Mr. Jackel commented there is a typographical error in the first "Whereas" clause; it should refer to the incorporated area of the City, not unincorporated. Mr. Weatherspoon stated he cannot see the advantage of adopting this ordinance and intends to vote against it. Mr. Bird stated he cannot see a substantive change from the ordinance which was forwarded to the Attorney General and the ordinance before Council tonight. He feels they took the appropriate action before the Legislative Delegation in asking them to amend the State Statute. Until the Attorney General's opinion is tested in court and reversed, his understanding is that that is the law. Mayor Campbell stated in his opinion this ordinance has changed sufficiently enough so as not to come under the purview of the Attorney General's opinion. The City Attorney stated, for the record, that Council needs to elucidate that in the drafting of this ordinance the basis of it came under those provisions in Chapter 553, part 6, which allows more strin- gent codes to be adopted by local governments. Further, they have also made a modification to the substantive portion, that the requirements of interior door widths only apply to those floors of the dwelling units which are otherwise accessible from ground floor level, by ramp or by elevator. A court could construe this to not be a sufficient change; however, based upon what Council's directon to staff has been, this was drafted as their best effort to adopt a door width increase. At this point the roll was called to the motion. 63. Ordinance No. 15-85 - Amending Code - Noise Control. Ordi- nance No. 15-85, amending Chapter 16 "Offenses - Miscellaneous" relative to enhancing animal and bird noise control, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held January 29th. The City Manager presented Ordinance No. 15-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCELLA- NEOUS'', ARTICLE II, "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 16-35, "NOISES PROHIBITED", SUBSECTION (4) , "ANIMALS AND BIRDS" , TO EXPAND THE PROHIBITION OF ANIMALS OR BIRDS WHICH DESTROY OR DAMAGE PROPERTY, AND ANIMALS OR BIRDS WHICH FOR A FREQUENT OR CONTINUED DURA- TION MAKE NOISE WHICH IS OF A CHARACTER, INTENSITY OR DURATION AS TO BE DETRIMENTAL TO THE LIFE, HEALTH OR WELFARE OF INDIVIDUALS OF ORDINARY HABITS AND SEN- SITIVITIES; PROVIDING A GENERAL REPEALER; 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. 15-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 10:08 P.M. ty Clerk - 24 - 1/15/85 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of January 15, 1985, which minutes were formally approved and adopted by the City Council on///~. ~~ty~e r~ 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. - 25 - 1/15/85