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02-12-85 FEBRUARY 12~ 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 7:05 P.M., Tuesday, February 12, 1985. 1. Roll call showed: Present - Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Council Member Malcolm T. Bird Also present were - Assistant City Manager Robert A. Barcinski and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Gerald Dingman, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Jackel moved for approval of the minutes of the Regular Meeting of January 29, 1985 and the Special Meetings of January 24, 1985, February 1, 1985 and February 5, 1985, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.a.1. Mr. Raymond Gerner, President of the Delray Beach Fire- fighters Benevolent Association, advised that through monies raised from their annual Fireman's Ball and donations from the citizens they are able to booster many civic projects, youth programs and special needs of the community. Several months ago, with generous contributions from the Hamlet Association, they were able to establish a worthy program for the fire service called "Survive in '85". Mr. Gerner stated the fire ser- vice is now equipping a specialized van to be used in hazardous material conditions and displayed the new fire suits and breathing apparatus they have been able to purchase. He introduced Mr. Miller from the Hamlet Association and advised that without their help they would not have been able to have this equipment. 5.a.2. Mr. Bill Burson, Area Manager for Southern Bell, introduced Mr. Buck Passmore, also from Southern Bell, and stated his company has tried for some time to localize the cover of the telephone directory. They selected Delray Beach as one of the first exchanges to do this and with Mayor Campbell's help selected a photograph to go on the cover of the Delray book. At this time Mr. Burson and Mr. Passmore presented framed copies of that directory cover as a momentum for being one of the first exchanges in the State to have a localized cover. 5.b.1. Mr. Weatherspoon thanked staff for the fencing which has been placed around the Public Utilities building. He has heard comments from several residents who are pleased to see that something has been done to make that area look better. 5.b.2. Mr. Weatherspoon stated the City Manager was unfortunate enough to have suffered a heart attack last week while in Tallahassee. He has been advised that the City's insurance coverage does not cover the ambulance or airfare which was necessary to return Mr. Pennington to Delray Beach, nor does it cover the airfare for his wife to go to Tal- lahassee and return with him. Mr. Weatherspoon moved that these expenses be covered and come from the City Manager's Contingency Fund, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call upon question by Mr. Jackel, the Assistant City Manager advised the cost for the ambulance service to the airport and the airfare will be approximately $2,200 - $2,300; however, he is not sure what the airfare was for Mrs. Pennington. At this point the roll was called to the motion. 5.b.3. Mr. Jackel stated some time ago Council discussed a change to the height ordinance and there was some confusion as to how it was going to be handled. He would like Council, at their next regular meeting, to vote either for or against this issue. 5.b.4. Mr. Jackel stated some time ago a new parking ordinance came before Council which was subsequently sent back to the Planning and Zoning Board for their review. He would like to see this new revised parking ordinance appear on their next regular agenda. 5.b.5. Mr. Jackel advised Council received a copy of a letter sent to the City Manager from Mrs. Mary Gloster who was complaining about the litter on Lake Ida Road from 1-95 to Swinton Avenue. Some time ago Council discussed "Operation Clean-Up", a program in which they would make a City-wide clean up; however, nothing has ever been done. He would like to move ahead with this, take some action and have this on the agenda for the next regular meeting. Mayor Campbell stated when he last talked to the City Manager regarding this item he had been negotiating with Waste Manage- ment; however, the initial cost was quite different from the second one. He requested that the Assistant City Manager and the City Attorney check to see if they are obligated, under their contract, to utilize Waste Management or if they can go elsewhere for this clean-up. Mayor Campbell stated with the recent freeze they are antic- ipating extensive pruning in the City; he has been informed this pruning should not be done until the weather is warmer and would expect this to start the first or second week in March. He feels the City should advertise and make it known to the public that there will be not only a City-wide clean up but also a free, general trash and clipping col- lection by the City. If Council agrees to this, he would suggest that the City Attorney and Assistant City Manager come back to them with a proposed contract, preferably in March, and that they also begin the appropriate means for getting the information to the public. Mr. Weatherspoon questioned, assuming they are able to utilize an outside contractor to do this work, will they have to go through the bid process. The City Attorney stated to have this done by the first or second week in March they would have to go through non-sealed com- petitive bidding. 5.b.6. Mayor Campbell stated, that in their continuing effort to collect money for City beautification, he would like to acknowledge that he has received a check in the amount of $1,000 from Minto Builders of Florida. 5.b.7. Mayor Campbell presented a proclamation calling for a first nonpartisan election and referendum bond election to be held on Tuesday, March 12, 1985, between the hours of 7:00 A.M. and 7:00 P.M. and des- ignating the precincts and polling places in the City of Delray Beach. 5.b.8. Mayor Campbell read a proclamation proclaiming February 18-24, 1985, as "National Patriotism Week". 5.b.9. Mayor Campbell read a proclamation proclaiming February 19, 1985, as "Founders Day". Members of the Boynton/Delray Lodge #206 and the newly formed Atlantic Lodge #8 came forward to accept the proclama- tion. 5.b.10. Mayor Campbell introduced Mr. Tom Campbell who is the con- sulting engineer and advisor with regard to the beach restoration pro- ject. - 2 - 2/12/85 Mr. Tom Campbell, Coastal Planning & Engineering, advised the beach project has come to a close and they are now approving the final invoice of the contract. The entire project will be funded 100% by their cooperative agreements between Delray Beach, the Federal, State and County governments. Mr. Campbell presented a zelar and explained to Council how the project was handled. 5.b.ll. Mayor Campbell stated the Atlantic Avenue Task Force is in the process of looking at ways to revitalize Atlantic Avenue and one of their recommendations is a request to look into the creation of a Com- munity Redevelopment Agency. These agencies are established pursuant to State Law and are very much in evidence throughout Florida as a means of promoting revitalization, financing and encouraging development within those areas. If Council concurs, he would like the City Attorney to look into this and come back to them with the steps which need to be taken to establish a Community Redevelopment Agency, what that would mean to the City, how they do it and perhaps prepare a draft proposal as to what it actually looks like. Council concurred with Mayor Campbell's suggestion. 5.c.1. The City Attorney advised, with regard to Item 21 on the Consent Agenda, that the action should be a motion to approve that statement. 5.c.2. The City Attorney stated Council has been furnished a copy of Resolution No. 18-85; this was drafted pursuant to a request received from Mrs. Horenburger. The caption of Resolution No. 18-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE SOUTHEAST FLORIDA PLAN, A PLAN FOR THE DEVELOPMENT OF A COMPREHENSIVE PUBLIC UNIVERSITY PRESENCE IN SOUTHEAST FLORIDA; DIRECTING THE CITY CLERK TO FURNISH COPIES OF THIS RESOLUTION TO MEM- BERS OF THE LOCAL LEGISLATIVE DELEGATION. (Copy of Resolution No. 18-85 is on file in the official Resolution Book) Mr. Jackel moved for the adoption of Resolution No. 18-85, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.c.3. The City Attorney stated with the current disability of the City Manager he feels it would be appropriate to appoint a more per- manent acting position. Council has the authority, under Section 4.03 of the Charter, to appoint an Acting City Manager until Mr. Pennington recovers from his disability. He would recommend that they appoint Mr. Robert Barcinski as Acting City Manager with the full power and author- ity to act as the City Manager. Mr. Jackel moved to appoint Mr. Robert Barcinski as Acting City Manager, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.c.4. The City Attorney stated a few weeks ago Council expressed interest in contracting out the City's insurance program with a dif- ferent insurer and program. Although they had taken competitive bids on the health, life and disability insurance over the phone, in person and by personal contact, there had been no ad placed in the paper. In order to be cautious, they did run an ad in the paper and retook bids; in evaluating those proposals they came to the ultimate conclusion that the companies recommended before be reapproved. The proposal from Gulf Life - 3 - 2/12/85 for life and health insurance continues to be the low bid and although the proposal for disability insurance from Mutual Benefit was not the low bid it continues to be the one which the administration recommends. He would like Council to adopt, this evening, a motion ratifying their selection of Gulf Life for health and life insurance, effective March 1, 1985, and Mutual Benefit, Gulf Life being their agent, for the dis- ability insurance to be retroactive to January 15, 1985, at 7:00 P.M., which was the date they previously approved the contract. The terms and conditions of the Gulf Life proposal are the same as previously sub- mitted. Mr. Jackel stated he feels it would be more advisable if staff submitted at least three names to Council and let them decide which company is the best. Mr. Stanley Katz, 1421 S.W. 27th Avenue, stated at a recent meeting of the Internal Audit Committee they discussed the program from the Gulf company and, in their opinion, decided this was the best pro- gram for both the City and the employees. Mr. Jackel moved that Council express their intention to enter into a contract with Gulf Life for the provision of health and life insurance, effective March 1, 1985, and with Mutual Benefit for disability insurance, retroactive to the 7:00 P.M. meeting on January 15, 1985, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.c.5. The City Attorney advised Council has been furnished copies of an agreement entitled "Indemnification and Hold Harmless Agreement". This agreement is required to be signed by property owners when the fire department is going to conduct training exercises on their property. He would like Council to authorize acceptance of this agreement so that the fire department can begin their training sessions this month. Mrs. Horenburger moved to authorize acceptance of the Indemnification and Hold Harmless Agreement, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Abstained. Said motion passed with a 3 to 0 vote. Before roll call Mayor Campbell advised he will have to abstain from voting on this item as Mr. Ziner was a client of his law firm. At this point the roll was called to the motion. 5.c.6. The City Attorney advised Council has been furnished a copy of a license agreement between the City and Atlantic Plaza, Ltd., which deals with Item 16 on the agenda. The boundary plat provides for a cut between the Atlantic Plaza property and the City parking lot which is part of Veterans Park. As a result of that, Council directed that he look into providing an agreement dealing with the access. This agree- ment deals mostly with whose responsibility it is for maintenance and liability as well as a mutual provision on indemnification. It also provides that Atlantic Plaza carry liability insurance in which the City would be named as additional insured. If it is Council's intention to approve the plat this evening, he believes they also need to approve this agreement. Mayor Campbell questioned if this agreement is absolutely necessary in that it may set some kind of precedent. The City Attorney advised this is not access to a thoroughfare;it is really utilization of each other's property for functions which may be occurring on the other side. - 4 - 2/12/85 Mr. Alexander Simon, representing the owners of Atlantic Plaza, stated that at the time their site plan approval was submitted to Council there was a request made to facilitate pedestrian traffic from the proposed parking lot on the north half of the property to allow people to park at Atlantic Plaza and walk to Veterans Park. He had understood that the agreement would be that they were not to erect a wall and instead asphalt an area 24' x 4'. However, under this agree- ment, there is a provision that either party can cancel within six months notice; he does not think that is a good idea. He feels all they need is an agreement which states that each party will be responsible for their own side and that no one will erect a wall or barrier. Upon question by Mayor Campbell, the City Attorney stated if Council wished, they could impose a condition that the final terms of the agreement shall be agreed upon by Council and Atlantic Plaza prior to issuance of a building permit. However, he feels they could not bind, in perpetuity, subsequent Councils to any agreement; they would have to give themselves the ability to opt out in subsequent years through some methodology. Upon question by Mr. Jackel, Mr. Simon stated that if the City Attorney feels they need an agreement then there should be enough time where he would not have to worry that in six months someone could put a wall there. Also, this agreement goes with him and he feels it should go with the land. The City Attorney advised the agreement runs on a ten year period with automatic renewal every ten years unless someone objects. Mr. Simon need not show up again unless someone objects; however, it does provide that if Council decides to cancel, Mr. Simon would have six months notice. Mr. Simon suggested that they make it a twenty year agree- ment, automatically renewable, with one years notice and that it go with the property, not him. Upon question by Mayor Campbell, the City Attorney stated if they assign the agreement to the owners of the property, but that they in turn could not assign it to people who do not own the real property, then he would agree to Mr. Simon's suggestion. Mayor Campbell suggested that they word it so that it be assigned only to the fee-simple owner. The City Attorney clarified that they have now agreed to a twenty year contract automatically renewable, 365 day notice by either party of cancellation to the fee-simple owner. Mrs. Horenburger stated, for the record, that she approves of the second and third change but not the first; she would like to see a ten year contract. The City Attorney further advised that there is a technical change in paragraph seven of the agreement, line 4, which begins "main- tenance or use of the City parking facility or any operations incidental thereto". It should read "maintenance or use of the common access between the City's parking facility and Atlantic Plaza". Mr. Weatherspoon moved to approve the agreement as modified, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 5.c.7. The City Attorney advised Council was furnished a pamphlet, put together by the administration and police department, on why one should support the proposition regarding the new police facility. Based on the fact that Council unanimously authorized the General Obligation Bond issue to be placed on the ballot, and in order to make sure there is no political problem, they are going to place at the bottom of the pamphlet "Paid Political Advertisement" and Council needs to authorize or endorse this kind of campaign. - 5 - 2112/85 Mr. Weatherspoon moved to approve and endorse the efforts of the City administration and Police Department to distribute this hand- bill and other similar literature, on behalf of Council, to request public support of the referendum, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.d.1. The Acting City Manager reported on the condition of Mr. Pennington. His personal physician has requested that any inquiries about his condition be directed to him and that Mr. Pennington be allowed to get some rest and begin his recuperative period. 5.d.2. The Acting City Manager stated that at their last workshop meeting Council discussed the turtle nesting program. He is requesting that Council authorize a contract with Nova University to extend this program through 1985; the cost of the contract is $8,500 and funds will come from the Erosion Control Fund. Mrs. Horenburger moved to authorize a contract with Nova University in the amount of $8,500, funds to come from the Erosion Control Fund, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.d.3. The City Manager advised he received a request from Mr. Bob Duenkel, Race Director, International Swimming Hall of Fame, Inc., asking the City to sign off on a request to the State of Florida for temporary closing of A-1-A on Saturday, February 16th. The purpose of this will be for the bike race portion of a triathalon. The City Attorney stated the problem with this request is that the State of Florida form, which they would have to execute, states that by signing it the City will assume control and responsibility for any liability claims arising from or based upon the activities of this event. He feels this is a relatively broad statement and would recom- mend that they not execute a form of this nature as they would be ob- ligating themselves to whatever the International Swimming Hall of Fame's insurance does not cover. Upon question by Mayor Campbell, the City Attorney stated he is not sure how long this will take as this is only one part of the race and those who are slower at the swimming part of it will be trailing behind. Mrs. Elizabeth Matthews, 1024 White Drive, stated there are many people whose only access to their homes is A-i-A; she questioned how they will get there if they close off the road. Also, there are a great many tourists at this time of year. Mr. Weatherspoon moved to reject this request, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 6. Mr. Jackel moved for approval of the agenda with the mod- ification to Item 21 as stated by the City Attorney, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARING 7. Ordinance No. 1-85 - Miller Dodge Annexation. Ordinance No. 1-85, relative to annexing a 0.67-acre parcel subject to SC (Specialized Commercial) District, located north of Allen Avenue, if extended west, between U.S. 1 and Dixie Highway, 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. - 6 - 2/12/85 The Acting 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. (Copy of Ordinance No. 1-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 1-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8. 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 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 Acting 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. (Copy of Ordinance No. 3-85 is on file in the official Ordinance Book ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 3-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. 9. 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 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. - 7- 2/12/85 The Acting 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. (Copy of Ordinance No. 12-85 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. 12-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 10. Ordinance No. 13-85 - Chan~in~ 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 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 Acting 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. (Copy of Ordinance No. 13-85 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. 13-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Mayor Campbell returned to the Council Chambers at this time. - 8 - 2/12/85 Ordinance No. 16-85 - zonin9 Ordinance Amendment - Sports Training Facilities. Ordinance No. 16-85, amending Chapter 30 "Zoning" of the Code of Ordinances to allow sports training facilities as a conditional use within the RM-10 (Multiple Family Dwelling) District and RM (Medium to High Density Dwelling) District, 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 Acting City Manager presented Ordinance No. 16-85: 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 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DEN- SITY DWELLING) DISTRICT" (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "SPORTS TRAINING FACILITIES, INCLUD- ING BUT NOT LIMITED TO BASEBALL SCHOOLS, FOOTBALL CLIN- ICS, AND TENNIS CAMPS"; BY AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT" (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "SPORTS TRAINING FACILITIES, INCLUDING BUT NOT LIMITED TO BASEBALL SCHOOLS, FOOTBALL CLINICS, AND TENNIS CAMPS"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mrs. Elizabeth Matthews stated she can see no reason to place this in a residential area and questioned if this was not the type of situation an SAD was designed for. Mrs. Horenburger stated she would like to know the actual definition for sports training facilities and what that might include before she would consider voting on this. Mr. Tore Wallin, 2717 Florida Boulevard, stated he concurs with everything which has been said and it would be a mistake to adopt this ordinance. Mr. Jackel stated he feels an SAD zoning category would be ideal for this type of facility. Mayor Campbell suggested they postpone this item and recom- mend that the Planning and Zoning Board and staff look at this on the basis of an SAD. The public hearing was closed. Mr. Jackel moved to reject Ordinance No. 16-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. The City Attorney suggested, as a substitute motion, that they move to approve and then vote no. Mrs. Horenburger moved for the adoption of Ordinance No. 16-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - No; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 4 to 0 vote. 12_~. Ordinance No. 19-85 - Amending Code - Door Widths. Ordi- nance No. 19-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to door widths, is before Council for con- sideration 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. - 9 - 2/12/85 The Acting City Manager presented Ordinance No. 19-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- ''BUILDING CODE" OF THE CODE OF STRUCTION", ARTICLE II, , ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING A NEW SECTION 9-21, "DOOR WIDTHS ", TO REQUIRE THAT THE DOOR WIDTHS FOR ALL DWELLING UNITS INCLUDING SINGLE FAMILY UNITS, DUPLEXES, AND HOTELS AND MOTELS SHALL HAVE A MINIMUM OF 29 INCHES CLEAR OPENING; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 19-85 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. 19-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Mr. Jackel left the Council Chambers at this time. 13. Community Development. Council is to consider holding a public hearing on Proposed Statement of Community Development Objectives and Projected Uses of Funds. The Acting City Manager stated this item was advertised in a local newspaper on February 5th and a summary of the uses was included. The public was invited to make any comments to Council at this meeting or address those comments in writing to his office. To date, he has not received any comments. If there are no changes to the Proposed State- ment he will proceed to draft the final statement for Council's ap- pr ova 1. 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. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 14. Site Plan Approval Extension - Southrid~e Village Condo- minium. Council is to consider a request for an 18 month extension, to October 26, 1986, of the time limitation for the site plan approval for Southridge Village Condominium, located on the north side of Linton Boulevard between S.W. 8th Avenue and S.%~. 10th Avenue, if extended north. The current approval will expire on April 26, 1985. This was approved 5-0 by the Planning and Zoning Board. 15. Final Plat Approval - Ocean Reach Apartments. Council is to consider a request for final plat approval for Ocean Reach Apartments, an eight-unit, two-story condominium project, located at the southeast corner of Thomas Street and Andrews Avenue. This was approved 5-0 by the Planning and Zoning Board. 16. Final Plat Approval - Atlantic Plaza. Council is to con- sider a request for final plat approval for Atlantic Plaza, an approved 80,000 square foot office and retail development, located at the north- east corner of N.E. 7th Avenue and East Atlantic Avenue. This was approved 6-0 by the Planning and Zoning Board, subject to the Engineer- ing Division's memorandum of January 25, 1985. - 10 - 2/12/85 17___~. Conditional Use Approval - McChristian Office Building. Council is to consider a request for conditional use approval for the McChristian Office Building, a proposed 1,089-square foot professional office development located on the east side of Swinton Avenue, between N.E. 4th Street and N.E. 5th Street. This was approved 7-0 by the Planning and Zoning Board, subject to the following conditions: (1) Item No. 2 of the Engineering Division's mem- orandum of January 16, 1985; (2) Director of Development and Inspection's mem- orandum of January 16, 1985; (3) That all improvements be completed in accordance with the approved site plans; (4) That the only conditional use to be approved hereunder is as follows: Professional offices, in accordance with Section 30-7(C)(12); and (5) That the time limitation of this approval pur- suant to Section 30-21(E) of the Zoning Code be one year. 18. Vehicles for Development and Inspections Department. Coun- cil is to consider award of a contract to the low bidder, Ed Morse Chevrolet for two 1985 4-door Chevrolet Cavaliers in the amount of $14,696.04, with funds to come from the 1984/85 budget. Approval is recommended. 19. Water Service Agreement - Trails End Plaza. Council is to consider execution of a water service agreement for a 2.7-acre parcel located on the east side of Military Trail, between Atlantic Avenue and Lake Ida Road. In the County it is zoned CG (General Commercial) in part and AG (Agricultural) in part. It is designated C (Commercial) in part and MF-6 (Multiple Family) in part on the City's Land Use Plan. This was approved 6-0 by the Planning and Zoning Board. 20. Water Service Agreement - Robert and Mary Ziegenfuss. Council is to consider execution of a water service agreement for a 0.25-acre parcel located on the west side of Barwick Road, between the L-33 Canal and Franwood Drive. It is zoned RS (Residential Single Family) in the County and is designated SF (Single Family) on the City's Land Use Plan. This was approved 6-0 by the Planning and Zoning Board. 21. Highland Park Hook-up rates. Council is to consider desig- nating water service hook-up rates which were in effect on April 24, 1984 as being the appropriate hook-up rates to be charged to Highland Park, if water service annexation agreements are approved with all Highland Park property owners before July 31, 1985 with the under- standing that the applicable rate for any water service agreements approved after April 1, 1985 are subject to subsequent Council ratifica- tion. Approval is recommended. 22. Medical Director. Council is to consider authorizing execu- tion of an agreement between the City and Dr. Fredric A. Swartz to be employed as Medical Director to supervise and accept responsibility for the medical performance of the EMTs and Paramedics of the Fire/Rescue Department in consideration of $1,000 per month. Funds are to come from the 1984/85 budget. 23. Release - Jeffrey Brooks Knuth. Council is to consider ratification and approval regarding signing of release relative to damage claim in the amount of $1,643.02 for repair of the traffic signal at N.E. 8th Street and Swinton Avenue. Approval is recommended. 24. Law Enforcement Accreditation. Council is to consider authorizing execution of a five-year contract with the Commission on Accreditation for Law Enforcement Agencies, Inc., and appropriation of $10,000 from the Law Enforcement Trust Account. 25. Annexation Request - West side of Germantown Road between Royal Palm Drive and Georgia Street (Thomas J. and Gladys G. Barrett). Resolution No. 15-85, requesting permission from the Palm Beach County Board of Commissioners to rezone a 2.71-acre parcel, subject to LI (Light Industrial) zoning, is before Council for consideration. It is zoned RH (Residential High Density) in the County and I (Industrial) on the City's Land Use Plan. - 11 - 2/12/85 The caption of Resolution No. 15-85 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 RH- RESIDENTIAL HIGH DENSITY, TO THE CITY'S ZONING CLAS- SIFICATION LI (LIGHT INDUSTRIAL) DISTRICT. (Copy of Resolution No. 15-85 is on file in the official Resolution Book ) 26. Sanitary Sewers and Water Utilities - Rainberry Bay~ Section 9. Resolution No. 16-85, accepting all sanitary sewers and water util- ities as operational as recorded in the plat of Rainberry Bay, Section 9, is before Council for consideration. The caption of Resolution No. 16-85 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 RAINBERRY BAY, SECTION 9 AS RECORDED IN PLAT BOOK 47, PAGES 69 AND 70 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 FACIL- ITIES FURNISHED BY SAID UTILITIES; 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. 16-85 is on file in the official Resolution Book) 27. Nuisance Abatement. Resolution No. 17-85, assessing costs of abating nuisances in accordance with Sections 13-12 and 13-13 on 6 parcels, is before Council for consideration. The caption of Resolution No. 17-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 17-85 is on file in the official Resolution Book) Mrs. Horenburger moved for approval of the Consent Agenda as modified, seconded by Mr. Weatherspoon. Upon roll call Council voted as fol lows: Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. REGULAR AGENDA 28. Settlement of Geoffrey Greene Case. Council is to consider settlement of Geoffrey Greene vs Weekes and Pension Board in the amount of $15,000, with funding to come from the Police and Fire Pension Plan. The Pension Board voted to accept said settlement. - 12 - 2/12/85 The City Attorney advised there is a lawsuit currently pending which has been going on for several years. It arises out of the Fire Department and a claim for a line of duty disability by Mr. Greene for an injury which he allegedly sustained while falling off the back of a fire truck. There was a dispute about the injury itself and also the facts of his disability claim. Mr. Greene entered a claim for dis- ability following the date of the accident, subsequently withdrew his request after he took another job with the City; some time later he left the City, withdrew all his funds from the Pension Fund and reinstituted the disability request. The Pension Board denied the request and the lawsuit occurred. They have received an offer to settle the case in the amount of $15,000; the Pension Board has approved the offer, as a busi- ness decision, in that if Mr. Greene were to win the lawsuit there is the potential that over his lifetime the disability payment may amount to $230,000. If Council approves of the offer they will need to ratify the action' of the Pension Board. Upon question by Mayor Campbell, the City Attorney stated in his opinion he would not agree to the offer but would litigate and use this as a test case. Mr. Jackel returned to the Council Chambers at this time. Mayor Campbell stated he normally does not like to approve an offer like this one; however, after hearing the situation he feels it was a reasonable business decision considering the possibility of a higher judgment and the time and effort which might have to be put into it. Mr. Jackel and Mrs. Horenburger concurred with the City Attorney's opinion. Mr. Weatherspoon stated he agrees with Mr. Jackel and Mrs. Horenburger; however, from a business standpoint it would make more sense to settle the case and award the $15,000. The City Attorney stated it will probably cost the Pension Fund about another $10,000 to litigate the case even if the City is successful. The Board felt that for another $5,000 they could wipe away a potential 30 year payout of approximately $230,000. Mr. Jackel moved to settle with Mr. Geoffrey Greene in the amount of $15,000 with funds to come from the Police and Fire Pension Plan, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 29. Appeal to Decision of En~ineerin~ Department - Paramount ~ineerin~ Group, Inc. Council is to consider an appeal of the En- gineering Department's decision regarding streets in the Breezy Ridge Estates, located north of Atlantic Avenue on the west side of the E-4 Canal. Mr. Chris Hurst, representing Paramount Engineering, stated they would like to appeal the decision from the Engineering Department regarding the width of the streets in the Breezy Ridge Estates sub- division. Their appeal is based on the fact that the first section of Breezy Ridge has been developed since 1950 and has street widths of 19 feet to 20 feet. The second section, which is now being developed, has existing subgrade and base material there and the streets are also 19 feet; they would like to utilize these to construct the roads. The City Code of Ordinances state that local roads shall be a minimum of 24 feet in width. However, there will only be 12 units in the second section and they would like to keep the roads 20 feet in width. Mr. Gerald Church, City Engineer, stated since there is adequate right-of-way and there is no real hardship they are recommend- ing that this subdivision be consistent with the City's standards and all the roads be 24 feet in width. - 13 - 2/12/85 Mr. Jackel moved to reject the appeal from Paramount En- gineering Group, Inc., and insist that they construct 24 foot roads in that development, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 30. Representative for Testin~ Automatic Tabulatin~ Equipment. Council is to consider designating a Council Member as representative for the testing of the automatic tabulating equipment at 2:00 P.M., March 8th relative to the Delray Beach municipal election which will be held on March 12th. Mrs. Horenburger moved to designate Mr. Jackel as a rep- resentative for the testing of the automatic tabulating equipment at 2:00 P.M., March 8th, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 31. Canvassin~ Board. Council is to consider designating Jackie Winchester, Supervisor of Elections for Palm Beach County, as additional member of the City's Canvassing Board to represent the City in the pre-election test on Tuesday, March 12th. Mrs. Horenburger moved to designate Jackie Winchester, Supervisor of Elections for Palm Beach County, as additional member of the City's Canvassing Board to represent the City in the pre-election test on Tuesday, March 12th, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger left the Council Chambers at this time. 32. Frederick Boulevard Extension. Council is to consider an award of a contract to the low bidder, Campanella Corporation, in the amount of $20,642 for Frederick Boulevard extension. $12,000 is to come from the 84/85 budget; the balance to come from the General Fund Un- appropriated Fund balance. Approval is recommended. Mr. Weatherspoon moved to award a contract to the low bid- der, Campanella Corporation, in the amount of $20,642; $12,000 to come from the 84/85 budget and the balance to come from the General Fund Unappropriated Fund balance, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 33. Ordinance No. 20-85 - Barrett Annexation. Ordinance No. 20-85, relative to annexing a 2.71-acre parcel, subject to LI (Light Industrial) District, located on the west side of Germantown Road, between Royal Palm Drive and Georgia Street, is before Council for consideration on First Reading. If passed, Public Hearing will be held March 12th. The Acting City Manager presented Ordinance No. 20-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 6, INCLUSIVE, BLOCK "A", AND LOTS 1 AND 2, BLOCK "C ", SUNNY ACRES, PALM BEACH COUNTY, FLORIDA AC- CORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGE 63 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE %~EST SIDE OF GERMANTOWN ROAD, BETWEEN ROYAL PALM DRIVE AND GEORGIA STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. - 14 - 2/12/85 The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 20-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 34. Ordinance No. 21-85 - Zonin~ Ordinance Amendment - LI (Light I~dustrial) District. Ordinance No. 21-85, amending Chapter 30 "Zoning" of the Code of Ordinances to allow business and professional offices, excluding medical services, as a conditional use in the LI (Light In- dustrial) District, is before Council for consideration on First Read- ing. If passed, Public Hearing will be held February 26th. The Acting City Manager presented Ordinance No. 21-85: 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 30-14 "LI (LIGHT INDUSTRIAL) DISTRICT" (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "BUSINESS AND PROFESSIONAL OFFICES, EXCLUDING MEDICAL SERVICES"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 21-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Mrs. Horenburger returned to the Council Chambers at this time. 35. Ordinance No. 22-85 - Amendin~ Code - Parkin~ Permits. Ordinance No. 22-85, amending Chapter 26 "Traffic" of the Code of Ordi- nances to allow a parking permit to be transferred and a substitute sticker to be issued to a substitute vehicle acquired by the same permit holder, is before Council for consideration on First Reading. If passed, Public Hearing will be held February 26th. The Acting City Manager presented Ordinance No. 22-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 26-68, "PARKING PERMITS" TO ALLOW A PARKING PERMIT TO BE TRANSFERRED AND A SUBSTITUTE STICKER TO BE ISSUED TO A SUBSTITUTE VEHICLE ACQUIRED BY THE SAME PER~]IT HOLDER SUBSEQUENT TO THE ISSUANCE OF THE ORIGINAL PARKING PERMIT; 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. 22-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell declared the meeting adjourned at 9:30 P.M. - 15 - 2/12/85 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 February 12, 1985, which minutes were formally approved and adopted by the City Council on ~-~ f~f~. NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 16 - 2/12/85