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02-26-85 ~'EBRUARY 26~ 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 7:10 P.M., Tuesday, February 26, 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 - Acting City Manager Robert A. Barcinski and Assistant City Attorney Barbara A. Hal 1 2. The opening prayer was delivered by Rabbi Samuel Silver, Temple Sinai. 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 February 12, 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. 4.a. Mr. Jackel moved for approval and substitution of the cor- rected minutes of the Special Meeting of February 1, 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. 5.a.1. Mr. Tom Haenlon, 613 N.E. 4th Street, stated that recently there have been numerous appeals to decisions made by the Community Appearance Board; he feels that changes need to be made to the Code of Ordinances. Mr. Bridges, member of CAB, recently completed a new form which will greatly enhance the Board's effectiveness and give the peti- tioners a more comprehensive and clearer idea of what must be provided. Mr. Bridges has also suggested that the Board receive a limited, but inclusive, set of plans pertinent to their area of responsibility. He feels these changes should be established as a guiding policy. Mr. Haenlon stated the Board has also discussed the possibility of allowing the City's Sign Inspector to have the authority to approve various signs which meet the Code; this idea should also be instituted and changed in the Code. 5.b.1. Mr. Bird stated, with regard to shared parking, he feels they are in a position where there is a contractual relationship between the City and the developer and there should be some methodology whereby they can insure that parking which is required in an area is indeed provided. The only way to do this is to have the contributions made in lieu of parking made out to the City, held in a special fund and dis- bursed to meet parking deficiency in an area where the development occurs. The City and Council should be directly responsible as opposed to having the Downtown Development Authority act as a third party and exercise that authority. Mr. Bird moved to direct staff to make the appropriate ordinance changes and return them to Council for their consideration, 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 the following discussion was had: Upon question by Mr. Jackel, Mr. Bird stated the funds already collected by the DDA will remain where they are; neither he nor the City Attorney could find any mechanism whereby they could recover those funds. He suggested that when the ordinance is drafted it be done so to reflect that the date of implementation is today's date. At this point the roll was called to the motion. 5.b.2. Mrs. Horenburger reminded Council about the Municipal League Meeting which will be held on Thursday, February 28th at 3:30 P.M., at the Village of Royal Palm Beach. 5.b.3. Mrs. Horenburger moved that funds from the recreational impact fees be spent on lighting for Sterling Field, 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. Before roll call, upon question by Mayor Campbell, the Acting City Manager advised the cost will be approximately $60,000. Later in the meeting Mrs. Horenburger realized that Sterling Field already has lights and that she should have been referring to Merritt Field. Mrs. Horenburger moved that funds from the recreational impact fees be spent on lighting for Merritt Field, 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.4. Mr. Weatherspoon requested a status report on the trash cleanup program. The Acting City Manager stated that since Council's last meeting they have had several discussions with Waste Management trying to get a new proposal. They have also looked at the possibility of contracting out with another firm. This would require a bid procedure and the time element involved would probably be 45 to 90 days. 5.b.5. Mr. Weatherspoon stated a few weeks ago Council received a memo regarding the trash along Roosevelt Avenue. He would like Council's consensus to ask staff to direct the appropriate department to pick up that trash. Council concurred. Mayor Campbell questioned, regarding the trash cleanup program, how soon they will be able to publish their notice in the newspapers. The Acting City Manager stated one of his concerns is pub- lishing a notice without a commitment to expend the funds. He would like some kind of consensus from Council that they will go ahead with the program no matter who does the cleanup and that funds will be com- mitted. Waste Management's high proposal is approximately $42,000. Mayor Campbell suggested that Council commit itself to spend up to $50,000 but preferably below $40,000. Mrs. Horenburger moved that Council commit itself to spend up to $50,000 but preferably below $40,000, seconded by Mr. Jackel. Mr. Jackel stated he has two concerns; one is how much they have in the Sanitation Reserve Fund and the other is the time element as it has been suggested by the County Horticulturist that pruning should not begin until the middle of March. He would like the pickup to be done at the end of March; however, according to the memo received from Waste Management they can either do it now or some time in April. - 2 - 2/26/85 Mr. Bird made a substitute motion that they designate Waste ~lanagement to be the contractor and pledge that the funds, to the extent that those funds are available, first come from the Garbage and Trash Reserve and then from the Contingency Reserve to make up whatever dif- ference, an amount not to exceed $50,000, seconded by Mrs. Horenburger. Upon roll cal 1 Council voted as fol lows: 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 Mr. Weatherspoon, the Acting City Manager explained that the "high" figure he previously spoke of was based on the estimated amount of additional trash they would have to collect; if there is less trash, then the figure will be less. Waste Management has suggested that the trash pickup be done between the llth and 24th of March. At this point the roll was called to the motion. 5.b.6. Mayor Campbell stated he has spoken with Mr. James Johnson, who oversees the Code Enforcement Division, and suggested that he come to the next workshop meeting to give an overview on their general pro- cedures. He would like Council's concurrence to put this on the workshop agenda. Council concurred. 5.b. 7. Mayor Campbell acknowledged that he has received an ad- ditional $100, for beautification, from citizens in the Pines of Delray. 5.b.8. Mayor Campbell presented a proclamation proclaiming February 28, 1985, as "Alcohol Awareness Day". 5.c.1. The Assistant City Attorney advised, that under Item 11 on the Consent Agenda, Council will be approving the reappointment of Mr. John Saracino. 5.c.2. The Assistant City Attorney advised that Item 12 of the Consent Agenda should read "subject to City Attorney's approval". 5.c.3. The Assistant City Attorney requested that Item 14, relative to Marina Delray, be postponed until March 26th as the City Attorney wished to address Council on this matter himself. Mayor Campbell stated he would prefer postponing this to March 12th as this matter has been going on for so long. The Assistant City Attorney advised that Council will also need to authorize the extension of Marina Delray's temporary Certificate of Occupancy. Mr. Bird moved to extend the temporary Certificate of Oc- cupancy to 12 noon, March 13, 1985, 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.d.1. The Acting City Manager reported that Mr. Pennington is now home recuperating and is progressing very well; he is also receiving visitors and phone calls. Mr. Bird left the Council Chambers at this time. 6. Mr. Jackel moved for approval of the Agenda as modified, 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 Mr. Bird returned to the Council Chambers at this time. Mrs. Horenburger left the Council Chambers at this time. - 3 - 2/26/85 7. Ordinance No. 21-85 - Zonin~ Ordinance Amendment - LI (Light Industrial) 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 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. 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. (Copy of Ordinance No. 21-85 is on file in the official Ordinance Book ) The Assistant City Attorney read the caption of the ordi- nance. 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. 21-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Council Chambers at this time. 8. 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 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. 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 PERMIT HOLDER SUBSEQUENT TO THE ISSUANCE OF THE ORIGINAL PARKING PERMIT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 22-85 is on file in the official Ordinance Book ) The Assistant City Attorney read the caption of the ordi- nance. 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. 22-85 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. - 4 - 2/26/85 CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 9. Water Service A~reement - Lee Belle Clark. 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. 10. Conditional Use~ Site Plan Approval - Commercial Buildin~ (U.S. No. 1). Council is to consider a request for conditional use and site plan approval for a proposed 6,000 square foot commercial bank and office building with drive-in facilities, located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street. This was approved 7-0 by the Planning and Zoning Board, subject to the following conditions: (1) Engineering Division's memorandum of January 21, 1985; (2) Fire Marshal's memorandum of January 15, 1985; (3) That the only conditional use to be permitted hereunder is a drive-in facility for the bank; (4) That all improvements be completed in accordance with the approved site plans; and (5) That the time limitation of this approval be eighteen (18) months pursuant to Sections 30-21(E) and 30-22(E) of the Zoning Code. 11. Appointment - PERC. Council is to consider the appointment of John Saracino as a regular member to the PERC to a term ending March 13, 1989. 12. Chan~e Order - Lift Station 17 Renovation. Council is to consider approval of Change Order No. 2 from Donestevez Mechanical Contractors, Inc., increasing the original contract price by $3,053 to install the 14" outside pipe, for a total price of $145,566 and a one week time extension. Funds are to come from the 1984/85 budget. Ap- proval is recommended, subject to the City Attorney's approval. 13. Annexation Request - South side of Lake Ida Road, between N.W. 8th Avenue, if extended north, and N.W. 10th Avenue~ if extended north (Ray A. Ransom). Resolution No. 19-85, requesting permission from the Palm Beach County Board of Commissioners to rezone a 0.19-acre parcel, subject to R-iA (Single Family) zoning district, is before Council for consideration. It is zoned RM-Multiple Family Residential District (Medium Density) in the County and designated SF (Single Family) on the City's Land Use Plan. The caption of Resolution No. 19-85 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 RM-MULTIPLE FAMILY RESIDENTIAL DISTRICT (MEDIUM DENSITY), TO THE CITY'S ZONING CLASSIFICATION R-iA (SINGLE FAMILY DWELL- ING) DISTRICT. (Copy of Resolution No. 19-85 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda, sec- onded 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. - 5 - 2/26/85 REGULAR AGENDA 15. Appointment - Board of Construction Appeals. Council is to consider the appointment of a member to the Board of Construction Ap- peals to a term ending January 8, 1987. Mrs. Horenburger moved to appoint Mr. John Henderson as a member to the Board of Construction Appeals to a term ending January 8, 1987, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Ja ckel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 16. Appointments - Community Appearance Board. Council is to consider the appointments of two alternate members to the CAB to terms ending March 8, 1987. Mrs. Horenburger moved to reappoint Elaine Roberts and Virginia Courtenay as alternate members to the CAB to terms ending March 8, 1987, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. ~eatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 17. Appointments - Board of Adjustment. Council is to consider the appointment of one regular member and one alternate member to the Board of Adjustment to terms ending March 15, 1988. Mrs. Horenburger moved to reappoint Louis Marechal, as a regular member, and Sid Soloway, as an alternate member, to the Board of Adjustment to terms ending March 15, 1988, 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. 1.8.. Land Use Comprehensive Plannin~ Committee. Council is to consider the appointments of 15 members to the Land Use Comprehensive Planning Committee. Mayor Campbell advised that each Council Member will nom- inate three people who will then be ratified by Council as an entire body. The nominations were as follows: Mr. Jackel: Charles O'Connor, Tore Wallin and Len Parnes Mr. Bird: Phyllis Plume, David Days and Mike Tiernan Mayor Campbel 1: Helen Coopersmith, Sam Schwimer and Louise Stebbins Mrs. Horenburger: Elaine Roberts, David Nathanson and Robert Stump Mr. Weatherspoon: Yvonne Baine, Charlotte Vog ler and Joycelyn Patrick Mayor Campbel 1 suggested that, initial ly, they ask the Planning and Zoning Department to contact the members to help them with their organization as to coordinating a time and place. The Planning Director could also temporarily act as Chairman until the Committee selects their own. Mayor Campbell requested that each Council Member contact their nominee, if they are not present tonight, and have them call the Planning Department. 19. A~reement with Seaboard System Railroad~ Inc. Council is to consider authorizing use of railroad right-of-way for a 20" water main in the vicinity north of Atlantic Avenue and 1-95. - 6 - 2/26/85 The Acting City Manager stated this right-of-way is needed to connect the City's eastern storage facility with the new ground storage tank located in the west. However, the City Attorney has a policy problem with the agreement regarding the liability insurance. He is recommending that Council execute this agreement in conjunction with the recommendations of the City Attorney. The Assistant City Attorney advised that they have reviewed this agreement and their basic concern is with the provisions which require the City to indemnify and hold harmless the railroad, i.e., the City would accept liability for anything other than their sole neg- ligence. She talked with the Seaboard System Railroad, Inc., today and they have modified the language in the agreement. The Assistant City Attorney outlined the changes they have made which will clarify and narrow down what the City is assuming liability for. She advised the City still remains liable for everything other than sole negligence, provided that whatever property damage or injury is caused has been proximately caused by the installation or use of the pipe. These changes have been accepted by the Railroad. Mr. Bird moved to approve of the agreement provided the changes presented by the Assistant City Attorney will be made, seconded by Mr. Weatherspoon for discussion. Mr. Weatherspoon stated the City Attorney usually specifies a time frame and this agreement does not contain one. The Assistant City Attorney suggested that Council make a motion to approve the agreement subject to the City Attorney's office being able to negotiate a time period which the Utilities Department would find sufficient to amortize the cost of the pipe. Mr. Bird amended his motion to include the Assistant City Attorney's suggestion, Mr. Weatherspoon amended his second. 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. 20. Water Service Agreement - Charter Building. Council is to consider execution of a water service agreement for an existing seven story bank and office building, located west of Military Trail at the southeast corner of Atlantic Avenue and Markland Lane. It is zoned CS (Specialized Commercial) in the County. This land is outside the City's Planning Reserve Area but is within the boundaries established by City Council for providing water service, i.e., east of the E-3 Canal. Mr. Jackel stated he has several problems regarding this item: (1) approximately nine months ago Council adopted a policy allow- ing water and sewer service to be extended to the E-3 Canal. It was recommended, at that time, that a study be done of the entire area as to the possibility of supplying it with water. It was his understanding that a study would be done before any further action was taken in that area; to date, no study has been made; (2) the Charter Building is not within the reserve area and it may be illegal for Council to sign a water service annexation agreement at this time; (3) one year ago, Lindsleys, which is across the street, was refused water service; (4) the building is seven stories high and exceeds the City's present height limitations and (5) there has been no indication as to why they are now requesting water service when the building has been there for several years. Mr. Bird stated, in view of the fact that they appointed a Land Use Comprehensive Planning Committee tonight who will be reviewing the entire City, he feels they should wait until they hear from them as to what they see the City growing up to be. That information could then be assessed by the Utilities Department and they will then be able to see if they have any excess capacity. Mr. Bird moved to defer this item until after completion of the Land Use Comprehensive Plan revision, 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. - 7 - 2/26/85 Before roll call the following discussion was had: Mrs. Horenburger stated she can see no point in looking at this application, particularly as the building is already there. They will not be able to review it at Community Appearance or any other Board and would disagree with accepting it at all. Mr. David Nathanson, Coalition for Good Government, stated last June they brought up solid reasons why water service should not be extended west of Military Trail; he would like to commend Council for taking this particular stand. He advised that approximately two weeks after the May 22, 1984, meeting Council unanimously passed a motion that water service agreements would not be extended to any property owner west of Military Trail until such time as the administration made a proper study of the situation. To his knowledge that study has not been made and, therefore, the motion still stands. Mayor Campbell requested that the Acting City Manager relay this information to the City's Engineering Consultants, Post Buckley Shua and Jernigan and have some correspondence back to Council at their next regular meeting. At this point the roll was called to the motion. 21. Ordinance No. 6-85 - Building Height. Ordinance No. 6-85, amending Chapter 30 "Zoning" of the Code of Ordinances that no building in the CBD (Central Business District) shall be constructed to a height exceeding four (4) floors or sixty (60) feet, is before Council for consideration on First Reading. If passed, Public Hearing will be held March 12th. Mr. Bird suggested that they remand this ordinance to the Land Use Comprehensive Planning Committee. There is no project cur- rently pending which would be jeopardized by allowing this item to be studied. When they first discussed the Committee one of the obligations Council was going to impose upon them was to look at not only uses of land but also building height, density and intensity. Mr. Bird moved to remand this item to the Land Use Com- prehensive Planning Committee, 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. Before roll call the following discussion was had: Mr. Jackel stated he does not feel anything will be gained by deferring this item. He would like to vote on this issue tonight without studying it any further. Mr. Weatherspoon and Mrs. Horenburger concurred with Mr. Bird in that it would not hurt anyone to have the Committee study this item and they may come up with other suggestions. At this point the roll was called to the motion. Mayor Campbell left the Council Chambers at this time. 22. Ordinance No. 23-85 - Entrance Gate Signs. Ordinance No. 23-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to entrance gate signs, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held March 12th. The Acting City Manager presented Ordinance No. 23-85: - 8 - 2/26/85 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 9-211, "SIGNS PERMITTED AND REGULATED" , SUBSECTION (A) (5) , "RESIDENTIAL R-1AAA AND R-1AAAB", TO EXPAND THE DEFINITION OF ENTRANCE GATES TO INCLUDE ENTRANCE GATES BEING EITHER ONE DOUBLE-FACED SIGN (WHERE NOT IN A CITY RIGHT-OF-WAY AND OTHERWISE PERMITTED BY SITE PLAN AND OTHER APPROVALS) OR TWO SIGNS WHERE THERE ARE TWO WALLS AT THE ENTRANCE AND WHERE PERMANENTLY AFFIXED TO THE WALLS AT SUCH ENTRANCE, SETTING FORTH THE DIMENSIONS OF SAID SIGNS, AND PROVIDING THAT THIS DEFINI- TION APPLY TO ALL RESIDENTIAL ZONING DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- nance. Mr. Jackel moved for the adoption of Ordinance No. 23-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 23. Ordinance No. 24-85 - Chan~in~ the City's Land Use Plan Designation (Alfieri-Pu~liese). Ordinance No. 24-85, relative to chang- ing the City's Land Use Plan Designation in the Comprehensive Plan for a 25.22-acre parcel, located on the northwest corner of Congress Avenue and S.W. 29th Street, is before Council for consideration on First Reading. If passed, Public Hearing will be held April 9th. The Acting City Manager presented Ordinance No. 24-85: 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 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND S.W. 29TH STREET, FROM MF-10-MULTIPLE FAMILY TO POI-PROFESSIONAL, OFFICE AND INSTITUTIONAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- nance. Mr. Bird moved for the adoption of Ordinance No. 24-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Council Chambers at this time. 24. Ordinance No. 25-85 - Alfieri-Pu~liese Rezonin~. Ordinance No'". 25-85, relative to rezoning a 25.22-acre parcel from RM-10 (Multiple Family Dwelling) District to POI (Professional, Office and Institu- tional) District, is before Council for consideration on First Reading. The property is located at the northwest corner of Congress Avenue and S.W. 29th Street. If passed, Public Hearing will be held April 9th. The Acting City Manager presented Ordinance No. 25-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FA~IILY DWELLING) DISTRICT IN POI (PRO- FESSIONAL, OFFICE, AND INSTITUTIONAL) DISTRICT, A TRACT OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND S.W. 29TH STREET, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". - 9 - 2/26/85 The Assistant City Attorney read the caption of the ordi- nance. Mr. Jackel moved for the adoption of Ordinance No. 25-85 on First 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. 25. Ordinance No. 26-85 - Vehicles to be Marked. Ordinance No. 26-85, amending Chapter 28 "Vehicles for Hire" of the Code of Ordinances to provide for alternate forms of identification for hired vehicles other than taxicabs, is before Council for consideration on First Read- ing. If passed, Public Hearing will be held March 12th. The Acting City Manager presented Ordinance No. 26-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 28, "VEHICLES FOR HIRE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 28-5, "VEHICLES TO BE 5~%RKED", TO PROVIDE FOR ALTERNATE FORMS OF IDENTIFICATION FOR HIRED VEHICLES OTHER THAN TAXICABS FOR GOOD CAUSE SHOWN AND UPON THE APPROVAL OF THE CITY MANAGER; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- nance. Mr. Bird moved for the adoption of Ordinance No. 26-85 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. 26. Ordinance No. 27-85 - Zoning Ordinance Amendment - Off- Street Parking. Ordinance No. 27-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to off-street parking regulations, is before Council for consideration on First Reading. If passed, Public Hearing will be held March 12th. The Acting City Manager presented Ordinance No. 27-85: 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 REPEALING SECTION 30-18, "OFF-STREET PARKING REGULA- TIONS" AND ENACTING A NEW SECTION 30-18 "OFF-STREET PARKING REGULATIONS" TO PROVIDE FOR (A) "INTENT AND PURPOSE"; (B) "GENERAL REQUIREMENTS" , INCLUDING ( 1 ) APPLICABILITY OF REQUIREMENTS, (2) SITE PLAN REQUIRE- MENTS, (3) OPERATION AND MAINTENANCE, (4) LOCATION OF OFF-STREET PARKING SPACES, (5) MULTIPLE USES, (6) COMPACT CAR PARKING; (C) "DESIGN AND LANDSCAPING", INCLUDING (1) DRIVEWAYS, PARKING ACCESS, BAC KOUT PARKING, DEAD-END PARKING, (2) PARKING SURFACES AND DRAINAGE, (3) MARKING, SIGNING, AND LIGHTING, ( 4 ) LANDSCAPING, ( 5 ) PARKING GEOMETRIC S; (D) "PARKING REQUIREMENTS", FOR ( 1 ) RES- IDENTIAL, ( 2 ) COMMERCIAL, ( 3 ) INDUSTRIAL, ( 4 ) MISCEL- LANEOUS USES, (5) HANDICAPPED PARKING, (6) BICYCLE PARK- ING, (7) FRACTIONS, (8) USES NOT SPECIFICALLY MENTIONED; (E) "SPECIAL REGULATIONS", RELATIVE TO (1) AUTOMOBILE DEALERSHIPS, (2) GASOLINE STATIONS; (F) "ADMINISTRATIVE RELIEF" , INCLUDING ( 1 ) APPROVAL FOR ADMINISTRATIVE RELIEF, (2) ITEMS FOR WHICH ADMINISTRATIVE RELIEF MAY BE APPROVED; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- nance. - 10 - 2/26/85 Mr. Jackel moved for the adoption of Ordinance No. 27-85 on First Reading, seconded by Mr. Bird. Mr Bird stated for him to find favor with this ordinance would require some changes and suggested the following: (1) all areas within this ordinance where it addresses itself to compact parking spaces should be deleted; however he would not apply that stricture for long-term areas where there is some corporate control (2) the RM zoning category should not be included in the section regarding off-site park- ing; (3) with regard to Multiple Uses, an additional paragraph should be added which would state "in no case may total parking be less than 3.3 spaces per 1,000 square feet"; ( 4 ) the language in subparagraph (C) (1) (a), regarding tandem parking, should be clarified so that one resident could not park in front of another; (5) under subparagraph (2)(b) he questioned whether the Planning and Zoning Board or Council should have the authority to make the approval; (6) he would like clarification of Section (D), Parking Requirements, subparagraph (4) (y) regarding hospitals before final reading and (7) the final determination for granting administrative relief under Section (F) (1) (a) should be made by Council. Mrs. Horenburger stated she concurs with most of Mr. Bird's comments. Upon question by Mrs. Horenburger regarding compact parking, Mr. Bird stated he would suggest perhaps applying it in the Industrial and POI districts where they would have responsibility for policing it themselves. Mr. Jackel stated he would not accept Mr. Bird's amendments as this has been thoroughly worked over by the Planning and Zoning Board and he feels it is well written. Mr. Bird made a substitute motion to adopt Ordinance No. 27-85 as presented, with the amendments he stated above, on First Read- ing, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Kevin E~an, member of the Atlantic Avenue Task Force and Chairman of the Parking Committee, stated that when they make their report to Council next week they will be recommending that there is not a parking problem in Delray. Mr. Alexander Simon, Chairman of the Planning and Zoning Board, stated this ordinance was drafted by Mr. McDaniel, former Plan- ning Director, and was based on a number of years of study made by the Urban Land Institute. The Board has spent the last six weeks reworking this ordinance; some of the issues brought up tonight may have been mentioned, but they were not considered as barriers to its approval. At this point the roll was called to the motion. 27. Ordinance No. 28-85 - Zonin~ Ordinance Amendment - Parkin~ Regulations for the CBD. Ordinance No. 28-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to parking regulations for the CBD (Central Business District), is before Council for consideration on First Reading. If passed, Public Hearing will be held March 12th. The Acting City Manager presented Ordinance No. 28-85: 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 30-13 "CBD (CENTRAL BUSINESS DISTRICT)" (I) "PARKING AND LOADING REGULATIONS" (3) (a) TO ADD AN EXCEPTION THAT NO ADDITIONAL OFF-STREET PARKING SPACES SHALL BE REQUIRED FOR RESIDENTIAL DEVELOPMENT(S) WITHIN THE CBD; AMENDING SUBSECTION ( 4 ) TO DELETE MULTI PLE FAMILY PROJECTS FROM THE LIST OF PROJECTS WHICH MAY ONLY PROVIDE PARKING ON THE SAME LOT AS THE MAIN BUILDING; - 11 - 2/26/85 REPEALING SUBSECTION (5) AND ENACTING A NEW SUBSECTION (5) WHICH PROVIDES THAT PARKING FOR OTHER THAN HOTELS AND MOTELS MAY ONLY BE LOCTATED EITHER ON THE SAME LOT AS THE MAIN BUILDING OR WITHIN 600 FEET OF THE PROPERTY LINE; FURTHER AMENDING SUBSECTION (I) BY REPEALING (7) AND (8) IN THEIR ENTIRETY TO ELIMINATE A CONFLICT WITH THE PRO- POSED PARKING REGULATIONS AND THEIR APPLICABILITY IN THE CBD (CENTRAL BUSINESS DISTRICT); PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- nance. Mr. Jackel moved for the adoption of Ordinance No. 28-85 on First Reading, seconded by Mr. Bird. Upon question by Council, the Acting City Manager stated this ordinance came from staff in conjunction with the Planning and Zoning Board who were trying to provide an incentive to have residential developments above stores. Mr. Bird stated he can understand the intent of this ordi- nance; however, he cannot understand the concept. If they were to require one parking space per unit in the CBD that would make sense, but this ordinance would not require any and would penalize either the resident owner or the businessman. Mr. Alexander Simon, Chairman of the Planning and Zoning Board, stated the hope was to utilize the existing second stories of some of the buildings to promote and encourage residential occupancies downtown. It costs $2,500 if you cannot provide a parking space and they felt this would impede anyone from converting their second story. If Council feels there should be one space required they can amend the ordinance; however, he feels something needs to be done to rejuvenate downtown. Mr. Jackel made a substitute motion that they send this ordinance back to the Planning and Zoning Board for their revision, 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. 28. Ordinance No. 29-85 - Zonin9 Ordinance Amendment - Parking R~gulations for the General Commercial District. Ordinance No. 29-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to parking regulations for the GC (General Commercial) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held March 12th. The Acting City Manager presented Ordinance No. 29-85: 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" BY REPEALING SUBSECTION (I) AND ENACTING A NEW SUBSECTION (I) "PARKING AND LOADING REGULATIONS" TO PROVIDE THAT THE REGULATIONS OF SUBSECTIONS 30-18 AND 30-19 SHALL BE APPLICABLE EXCEPT THAT WITHIN THE GEOGRAPHICAL AREA ZONED ~C (GENERAL COMMERCIAL) DISTRICT WHICH IS BOUNDED ON THE WEST BY 1-95 AND ON THE EAST BY SWINTON AVENUE, THE OFF-STREET PARKING REGULATIONS SHALL BE THE SAME AS THOSE REQUIRED IN THE CBD (CENTRAL BUSINESS) DISTRICT; PRO- VIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- nance. - 12 - 2/26/85 Mr. Bird moved for the adoption of Ordinance No. 29-85 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. Before roll call the following discussion was had: Upon question by Mr. Bird as to why they did not start from the Atlantic Ocean and go to 1-95, Mr. Simon stated the Planning and Zoning Board felt that Council would not allow them to do that. They were trying to address an area which they felt could be helped and only focused on that particular area. Mr. Bird stated he feels that not only does the need exist in the area which is addressed by this ordinance, but also in the GC area lying to the north from N.Eo 4th Street to S.E. 2nd Street and from 7th Avenue to at least 2nd Avenue. Mr. Simon stated the Board felt this ordinance could be a starting point and can be added on to at a later date. At this point the roll was called to the motion. 29. Ordinance No. 30-85 - Ransom Annexation. Ordinance No. 30-85, annexing a 0.19-acre parcel subject to R-IA (Single Family) zoning district, located on the south side of Lake Ida Road, between N.W. 8th Avenue, if extended north and N.W. 10th Avenue, if extended north, is before Council for consideration on First Reading. If passed, Public Hearing will be held March 26th. The Acting City Manager presented Ordinance No. 30-85: 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 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD, BETWEEN N.W. 8TH AVENUE, IF EXTENDED NORTH, AND N.W. 10TH AVENUE, IF EXTENDED NORTH; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- nance. Mr. Jackel moved for the adoption of Ordinance No. 30-85 on First 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. 30. Change Order - Filters at Water Treatment Plant. Council is to consider approval of Change Order No. 2 from Lanzo Construction Company increasing the original contract amount by $45,300 for a total price of $788,500, with funds to come from the Contingency 1983 Revenue Bonds. Approval is recommended. Mr. Robert Pontek, Director of Public Utilities, stated in September 1984, they went over the design of the two additional filters which are currently under construction at the Water Treatment Plant. This change order includes several items for the filters, the most noteworthy being a complete walkway/operators gallery which would join the existing filters to the two new ones. This walkway would be used to run their equipment, used for maintenance, back and forth; the existing catwalk is 4 feet wide and is not quite wide enough. Upon question by Mr. Weatherspoon, Mr. Pontek stated at this time the walkway is not essential; however, it will be when the next two filters are put in, some time in 1990. Structurally, it would be easier to build now. - 13 - 2/26/85 Mr. Bird moved to approve Change Order No. 2 from Lanzo Construction Company increasing the original contract amount by $45,300 for a total price of $788,500, funds to come from the Contingency 1983 Revenue Bonds, subject to approval of the City Attorney's Office, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird -Yes; Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon- No; Mayor Campbell - Yes. Said motion passed with a 4 to I vote. Mayor Campbell declared the meeting adjourned at 9:40 P.M. Clerk 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 26, 1985, which minutes were formally approved and adopted by the City Council on ~~L /-F, /~J~ CIerk 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. - 14 - 2/26/85