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03-12-85 MARCH' 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, March 12, 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 City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Andrew Hall, Retired Minister, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for the approval of the minutes of February 26, 1985, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. %~eatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.a. There were no Non-Agenda items by citizens. 5.b.1. Mrs. Horenburger thanked staff for the excellent trash pick-up job they are doing. 5.b.2. Mr. Jackel congratulated the winners of the election, who- ever they turn out to be, and thanked the five candidates for a good, clean contest. 5.b.3. Mr. Jackel moved to approve $75,000 from the Recreational Impact Fee Fund toward the furtherance of Barwick Park and up to $25,000 from that fund toward new entrances and exits to Sandoway and Anchor Parks, seconded by Mr. Bird. Mr. Bird stated that he would prefer to see the funds which were earmarked for the pavilion expended for the gates because that money is not encumbered by having to be used for new construction; the Impact money is. Mr. Jackel discussed the funding for Barwick Park and advised that they will have an answer from the State by next month. Upon question by Mr. Weatherspoon, Mr. Jackel stated that the $50,000 they have left could start the clearing and grading of the land and the drainage system. The additional $75,000 could continue that and include the tot lot and other areas. Mr. Weatherspoon noted that they only have $250,000 in the Impact Fund right now and Council did state they wanted to do the smaller projects which they could complete now. Mr. Bird advised that they have allocated $60,000 for the lighting of Merritt Park and have committed $50,000 for Carver. Now they are talking about expending another $100,000 from that fund. Before they make additional allocations, he suggests they ask staff to bring to their next meeting: (1) their current balance; and, (2) a shortened wish list that includes some smaller projects which could be completed. Council concurred with the suggestion. Mr. Jackel withdrew the motion. 5.b.4. Mayor Campbell advised that he has received correspondence and a resume from Judge Irving B. Kendall, retiring President of Pines North, who is interested in serving the City on a board or committee. 5.b.5. Mayor Campbell recommended the appointment of Dr. Echols, Mr. David Cohen and Mr. Charles Field to the Human Relations Committee. Mr. Bird moved to ratify the Mayor's appointments, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.6. Mayor Campbell presented and read a proclamation proclaiming the day of March 12, 1985, as Ort Day. Members of that organization came forward to accept the proclamation. 5.b.7. With regard to next Tuesday's workshop, Mayor Campbell asked that they discuss Code Enforcement. He has also received a request to discuss recreational vehicles at that meeting. He questioned whether any action should be taken relative to establishing a Community Redevel- opment Agency. Upon question by Mayor Campbell, Assistant City Attorney Delegal advised that there has to be 15 days notice to all the taxing authorities prior to the adoption of any resolution. The first step has to be a determination by Council that there are slum or blighted areas within the City or a lack of affordable housing. There should be a motion that Council is looking into making that determination. Mayor Campbell explained for the public that they are not saying all of downtown Delray is blighted. What they are saying is that in the general area there is some concern about blight, deterioration or the quality of housing. Therefore, they find it appropriate to look into the establishment of a Community Redevelopment Agency. Mr. Bird moved that because of a presumption of the exist- ence of substandard housing, blight and deterioration in certain por- tions of their business community, that a study be undertaken for the purposes of determining that and the creation of a resolution to create a Redevelopment Agency, and that appropriate notice be given to other taxing agencies, 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. It was the consensus of Council to hold the discussion at the workshop on April 2, 1985. 5.c.1. With regard to the agreement with Atlantic Plaza, the City Attorney advised that the applicant has drafted a document which he believes accurately reflects the intent of Council that the 365 day notice would go to the 20 year renewal as well as any other termination notices. If this is Council's intent, they will authorize execution of the document. Council concurred that is their intent. 5.c.2. The City Attorney presented Resolution No. 20-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AUTHORIZING PARTICIPATION IN PALM BEACH COUNTY'S "FAIR SHARE CONTRIBUTIONS FOR ROAD IMPROVEMENTS ORDINANCE" AND PROVIDING FOR INVOLVEMENT OF THE CITY OF DELRAY BEACH IN THE EXPENDITURE OF UP TO FIFTY PERCENT OF THE FUNDS COLLECTED WITHIN THE CITY OF DELRAY BEACH; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESO- LUTION TO THE MEMBERS OF THE BOARD OF COUNTY COMMIS- SIONERS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 20-85 is on file in the official Resolution Book) Mr. Jackel moved for the adoption of Resolution No. 20-85, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 2 - 03/12/85 5.c. 3. The City Attorney reported that Council is to consider entering into the FIST agreement. Mrs. Horenburger moved to authorize implementation of the FIST agreement, 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. 5.d.1. Regarding tonight's agenda, the Acting City Manager clari- fied that under Item #17 the overnight campout has been withdrawn and under Item #19 the amount in Contingency which Council requested is $53,400. 5.d.2. The Acting City Manager reported that Council is to consider formal approval of the agreement with Waste Management for the trash pick-up this week. Mr. Bird moved to ratify the agreement with Waste Management for a one time cleanup of the City trash, 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.3. The Acting City Manager reported that Council should con- sider using funds left over from the agreement with Waste Management, if any, to form a one week temporary litter pick-up crew to clean the main thoroughfares. The cost would be approximately $3,000 for a 12 man temporary crew. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. Mr. Bird moved to allow excess funds, if any, to be expended for this purpose, seconded by Mrs. Horenburger. 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. 5.do4. The Acting City Manager reported that they have a request to approve the final plat for Lakeside at Center Delray. Mr. Bird moved for final plat approval for Lakeside at Center Delray, 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. 5.d.5. The Acting City Manager reported that Council should con- sider approval of an agreement with Chapman Security Systems, Inc., to install a burglar and fire alarm system in the Purchasing warehouse. The amount of the installation and equipment is $1,365.00 with a monthly service charge of $25.00. Mr. Bird moved for approval of the agreement, 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 chair at this time. 6. Mr. Bird moved for agenda approval subject to the changes made, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 3 - 03/12/85 PUBLIC HEARING 7. Ordinance No. 17-85 - Linton Oaks Square Annexation. Ordi- nance No. 17-85, relative to annexing a 8.816 acre parcel subject to GC (General Commercial) zoning district, located at the southeast corner of Military Trail and Linton 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 sched- uled to be held at this time. The Acting City Manager presented Ordinance No. 17-85: 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 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE SOUTHEAST CORNER OF MILITARY TRAIL AND LINTON BOULE- VARD; 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. 17-85 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. Bird moved for the adoption of Ordinance No. 17-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No 18-85 - Chan~in~ the City's Land Use Plan Designation (Linton Oaks Square)~ Ordinance No. 18-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 8.816-acre parcel, located at the southeast corner of Military Trail and Linton 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 sched- uled to be held at this time. The Acting City Manager presented Ordinance No. 18-85: 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 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, FROM SF- SINGLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 18-85 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. 18-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 4 - 03/12/85 9. 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 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. 20-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS I THROUGH 6 , INCLUSIVE, BLOCK "A", AND LOTS I 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 WEST 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. (Copy of Ordinance No. 20-85 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. 20-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Council Chambers at this time. 10. Ordinance No. 23-85 ' Entrance Gate Signs. Ordinance No. 23-85, amending Chapter 9 "Buildings and Contruction" of the Code of Ordinances relative to entrance gate signs, 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. The Acting City Manager presented Ordinance No. 23-85: 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-%~Y 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. (Copy of Ordinance No. 23-85 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. - 5 - 03/12/85 Mr. Jackel moved for the adoption of Ordinance No. 23-85 on Second and FINAL Reading, seconded by Mr. Bird. 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. 11. 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 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. 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 MARKED", 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. (Copy of Ordinance No. 26-85 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. 26-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 12. 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 Second and FINAL Reading. Prior to con- sideration 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. 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 GEOMETRICS; (D) "PARKING REQUIREMENTS", FOR (1) RESIDEN- TIAL, (2) COMMERCIAL, (3) INDUSTRIAL, (4) MISCELLANEOUS USES, (5) HANDICAPPED PARKING, (6) BICYCLE PARKING, (7) FRACTIONS , ( 8 ) USES NOT SPECIFICALLY MENTIONED; (E) "SPECIAL REGULATIONS", RELATIVE TO (1) AUTOMOBILE DEALER- SHI PS , (2) GASOLINE STATIONS; (F) "ADMINISTRATIVE RE- LIEF", INCLUDING (1) APPROVAL FOR ADMINISTRATIVE RELIEF, (2) ITEMS FOR WHICH ADMINISTRATIVE RELIEF MAY BE AP- PROVED; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 6 - 03/12/85 (Copy of Ordinance No. 27-85 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 stated that when they discussed this several weeks ago, he and Mr. Bird took opposite positions. He received a memo yesterday from the Planning Department suggesting a compromise. Mr. Jackel moved for the adoption of Ordinance No. 27-85 on Second and FINAL Reading with the following amendments: (1) instead of eliminating compact car parking completely, at least allow it to apply to all office uses; (2) to allow the CBD floor level in the question of shared parking to go as low as 2.75; and, (3) when administrative relief is required in shared parking, that it be handled by the Planning & Zoning Board rather than Council. Said motion died for lack of a sec- ond. Mr. Bird moved for the adoption of Ordinance No. 27-85 on Second and FINAL Reading, with the wording amended to show a 15% reduc- tion everywhere 25% reduction is shown and retain the floor at 3.3, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weather- spoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. 13. Ordinance No. 29-85 - zoning Ordinance Amendment - Parking Regulations 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 Second and FINAL Reading. Prior to con- sideration 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. 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 GC (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. (Copy of Ordinance No. 29-85 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. Bird moved for the adoption of Ordinance No. 29-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil 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 that there is no comparison between the progress of devel- opment on East Atlantic Avenue and West Atlantic Avenue and he does not see how they can have 3.3 parking regulations on West Atlantic, the same as East Atlantic. - 7 - 03/12/85 upon question by Mr. Jackel, Mr. Robert Cohn, Planning Director, stated that the Planning Department and the P&Z Board felt that in the area of West Atlantic Avenue there was a need for additional incentives for development and redevelopment efforts within the GC area. This was the primary reason for the ordinance and the recommendation for the reduction in parking in that area. Mr. Bird expressed concern over the fact that they keep focusing on Atlantic Avenue and ignoring the downtown commercial dis- trict which commences at N. 4th Street and runs as far as S. 2nd Street from Swinton to the East side of Federal Highway. Perhaps they need to redesignate this core business area of the City under one uniform um- brella so they can deal with it as an entity instead of in pieces. Mayor Campbell added that he feels it's something that the Task Force should consider with regard to the Community Redevelopment Agency. At this point the roll was called to the motion. Mayor Campbell declared a recess, the time being 8:02 P.M. The meeting reconvened at 8:05 P.M. Mr. Bird requested that Item 15 be pulled from the Consent Agenda and be the first item of business on the regular agenda. In response to an earlier question, Mayor Cambell advised that Item 20 has been before the Board of Adjustment. Regarding Item 20, the City Attor- ney clarified that the moratorium would also apply to the Code Enforce- ment Board. CONSENT AGENDA 14. Tent Permit Request - Scarlett O'Hara's. Council is to consider a request for a 40x100 foot tent to be erected at Scarlett O'Hara's parking lot, Old Harbor Plaza for St. Patrick's Day Celebration from March 15th through March 18, 1985. Approval is recommended. 16. Appointments - Delray Beach Human Relations Committee. Council is to consider ratification of three members to the Delray Beach Human Relations Committee to terms ending March 15, 1987: Mrs. Nadine Hart Mrs. Gertrude Carter Mr. Tommie Stevens Approval is recommended. 17. 75th Anniversary - Scout-O-Rama. Council is to consider a request from Gulf Stream Council, Inc., Boy Scouts of America for the use of Veterans' Park and the Adult Community Center by the Seminole District on May llth from 10:00 A.M. to 4:00 P.M. Approval is recom- mended. 18. Ten-ton Dump Truck. Council is to consider award of a contract to the low bidder, Bay Ford, for one ten-ton (5 yard) dump truck for the Public Works Department in the amount of $24,121.32, with funds to come from the 1984/85 budget. Approval is recommended. 19. Traffic Signal - West Atlantic and 12th Avenue. Council is to consider a motion to install a traffic signal in the amount of $30,000, with funds to come from the Contingency Fund. 20. Church Signs. Council is consider a moratorium on enforce- ment of Section 9-21(A)(2), Chapter 9 "Buildings and Construction' of the Code of Ordinances as that section applies to houses of worship, pending Council decision on revisions to that code section. The mora- torium shall be applicable to matters now in enforcement proceedings as well as future enforcement activity. Approval is recommended. v 8 - 03/12/85 2!- Land Use Comprehensive Planning Committee. Council is to consider ratifying the following appointments: Charles O'Connor Tore Wallin Len Parnes Phyllis Plume David Days Mike Tiernan Helen Coopersmith Sam Schwimer Louise Stebbins Elaine Roberts David Nathanson Robert Stump Yvonne Baine Charlotte Vogler Joycelyn Patrick 22. Reduction in Retainage from 10% to 2% for Lift Station No. 17 - Donestevez Mechanical Contractors, Inc. Council is to consider a reduction in retainage from 10% ($14,595.60) to 2% ($2,871.32). The contract cost is $145,956 of which $2,500 remains to be complete. The City will retain a total of $2,871.32 + $2,500 to assure the work is completed. Funds will come from the 1984/85 budget. Approval is recom- mended. 23. Nuisance Abatement. Resolution No. 21-85, assessing costs of abating nuisances in accordance with Sections 13-12 and 13-13 on 9 parcels, is before Council for consideration. The caption of Resolution No. 21-85 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. 21-85 is on file in the official Resolution Book) 24. Abandonment of Tracts A & B - Tropic Isle Harbor Shopping Center. Resolution No. 23-85, authorizing vacating and abandoning of Tracts A & B within the Tropic Isle Harbor Shopping Center, located to the east of South Federal Highway on the north side of Tropic Isle Drive, is before Council for consideration. The caption of Resolution No. 23-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TRACT "A" AND TRACT "B" OF THE PLAT OF TROPIC ISLE HARBOR SHOPPING CENTER IN SECTIONS 32 AND 33, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AS RE- CORDED IN PLAT BOOK 25, PAGE 77 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 23-85 is on file in the official Resolution Book) 25. Request for Exclusion from Palm Beach County Free Public Taxing District. Resolution No. 24-85, requesting that certain munici- palities be excluded from the Palm Beach County free public library taxing district, is before Council for consideration. The caption of Resolution No. 24-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT CERTAIN MUNICIPALITIES BE EXCLUDED FROM THE PALM BEACH COUNTY FREE PUBLIC LIBRARY TAXING DISTRICT AS INITIALLY ESTABLISHED IN CHAPTER 67-1869 LAWS OF FLORIDA, LATER AMENDED IN CHAPTER 76-460 LAWS OF FLORIDA AND AS PROPOSED IN A BILL AMENDING SEC- TION 11 OF CHAPTER 67-1869 LAWS OF FLORIDA; PROVIDING FOR THE FURNISHING OF COPIES OF THIS RESOLUTION. - 9 - 03/12/85 (Copy of Resolution No. 24-85 is on file in the official Resolution Book) Mr. Bird moved for adoption of the Consent Agenda less Item #15, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 15. Tent Permit Request - Faith Mission Deliverance Church, Inc. Council is to consider a request for a 30x60 foot tent to be erected at 251 S.W. 8th Street for gospel revival services from March 10th to April 7, 1985. Mr. Bird stated that when there are requests for tent re- vival meetings in residential neighborhoods, Council is supposed to make sure the neighbors know about it and have ample opportunity to respond. Also, they are supposed to communicate it to the Black Ministerial Association. He does not believe they have done either of those things. Upon question by Mrs. Horenburger, it was noted that the time limitations are 7:30 P.M. to 11:00 P.M. and 12:00 to 2:00 P.M. Council Members felt that 11:00 P.M. is too late and that it should be changed to 10:00 P.M. Mr. Bird moved for approval subject to staff contacting the Ministerial Association and posting the property with a sign showing the use and times, and that activities cease at 10:00 P.M., seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 26. Conditional Use and Site Plan Approval - Linton Oaks Square. Council is to consider a request for conditional use and site plan approval for Linton Oaks Square, a proposed 69,640-square foot shopping center, including a gasoline service station, located at the southeast corner of Linton Boulevard and Military Trail. The Planning and Zoning Board approved it by a vote of 6-2 (Carey and Sumrall dissenting; Simon abstaining) subject to the following conditions: (1) That the parking be redesigned so that there are no more than ten (10) spaces in a row; (2) Items 2 and 3 of the Engineering Division's memorandum of December 10, 1984; (3) City Horticulturist's memorandum of December 17, 1984; (4) Comments of the Community Appearance Board given at their meeting of December 12, 1984; (5) That the only conditional use to be approved hereunder is as follows: Gasoline service station, with no me- chanical repairs; (6) That all improvements be completed in accordance with the approved site plans; (7) That the time limitation of this approval be eighteen (18) months pursuant to Sec. 30-21(E) and Sec. 30-22(E) of the Zoning Code; and, (8) That the buildings on the out-parcels be architecturally and aesthetically coordinated in style and material with the design of the main structure as determined by the Community Appearance Board. Mayor Campbell felt the south and east sides of the shopping center should have a tree line that will grow and screen it from abut- ting residential areas. Mr. Bill Boos, representative for Linton Oaks Square, advised that his clients have agreed to that. Also, there is parapet screening around the entire center as suggested by Mayor Camp- bell. Mayor Campbell stated that he would prefer not to have a gas station there; however, if there is going to be one, he would prefer an understated one, similar to the one Mr. Knight put in at Federal and Linton. - 10 - 03/12/85 Upon question, Mr. Boos advised that the construction of the gas station is part of Phase I. It has gone before the CAB and will be going back before them. It is a Mobil Station and will be very much like the understated gas station Mayor Campbell referred to. At this time, Mr. Boos presented renderings of the proposed shopping center and discussed the various features of it as to landscaping, architecture, coloring, etc. Upon question by Mayor Campbell, Mr. Boos advised that it will not be like the other Mobil Station on S. Federal Highway. Mrs. Finst, CAB, stated that the petitioner assured them that the landscaping would be sufficient to screen the building and she would like to be able to make sure that they are getting what was promised. Mr. Boos stated that the landscaping and berming system has been designed to permit the service station to have signage visibility. Upon question by Mr. Jackel, Mr. Stuart Cohen, Project Architect, advised that the setback for the service station from the right-of-way line is 50 feet minimum. Mrs. Horenburger noted that there is a drive-in facility at the bank. She admired the layout of the parking. Mr. Boos stated that there will be a family theme restaurant. Mr. Bird moved for conditional use and site plan approval, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Boos advised that Mr. Martin Gadinsky, Managing Partner, and Seth Gadinsky will be available personally to both professional staff and members of Council. If Council sees anything disappointing taking place, they need to know immediately and it will be corrected. 2~. Marina Delray Status Report. The City Attorney reported they have done research on the Marina Delray non-conforming restaurant, bar and hotel use and Council has been provided with backup information. Council may or may not want to also consider the other issue of docks, dolphins and finger piers. The question before them is did Marina Delray lose its non-conforming use status so that it should not have been permitted to do improvements and would it now be required to come into conformity with the Zoning Code, i.e. RM-15, in which restaurants, bars and hotels are not a permitted use. In Delray Beach non-conform- ing uses may continue provided that the site is not improved more than 10% for repairs and provided that the non-conforming use is not dis- continued or abandoned for more than 180 consecutive calendar days. The City Attorney reported that there have been occasions in which the Marina Delray was not in operation. The chart before Council shows two questionable areas. They have received accounts by residents that Marina Delray was not in operation from April to the end of Oc- tober, 1982 and the documents obtained by Marina Delray on this subject are limited. There are City water bills and an April 1982 invoice from a liquor distributor. The next period begins January 1983. For this period, there is an invoice from a liquor distributor, a utility bill which is substantially smaller than prior ones and food and beverage tabs dated January, 1985; however, those tabs do not show the name of the restaurant. There is no documentation for a number of months until late July, 1983 for which there are payroll records, but no proof to show that workers were paid to do a restaurant, bar or hotel function. Finally, there are sales tax returns for August, 1983. The City Attorney further stated that the bottom line is that there is some documentation which would indicate that Marina Delray was being utilized for some purpose. Some documentation may indicate that it was being used for hotel, bar and restaurant but it is very sketchy. Marina Delray may argue that the City misled them by allowing them to pull permits for improvements to the site. The City's response to that would be that the values were grossly underestimated. Council recently directed staff to look into an ordinance amendment which would establish a phase out amortization of all non-conforming uses of the commercial nature in residential districts. That type of ordinance has - 11 - 03/12/85 been upheld nationwide and is something the City could do. The only question that would arise is whether the time period the City gives is reasonable in light of the property's value, the use, the compatibility, etc. They discussed this with Marina Delray. They also discussed the possibility of entering into an agreement wherein the City would waive its right to contest the lapsing of the non-conforming use and allow them to continue their use and they would agree that the use would cease voluntarily within a certain period of time. He suggested to them a 20 year time period from the date of the agreement. Also they discussed giving Marina Delray permission to continue the maintenance of the new docks and dolphins which they constructed on City property. They dis- cussed alleviating some of the parking problems by the construction of an additional parking area in the beach vicinity. These questions are before Council for its consideration. Upon question by Mr. Bird, the City Attorney felt that the value of the improvements was around 1/2 to 3/4 million dollars. Mr. Bird questioned whether a half million dollars is more or less than 10% of the value of the entire property. Mr. Steve Greenwald, attorney for Marina Delray, stated that his clients acquired this property on January 3, 1984, at which time they applied for permits to do a great deal of construction which was accomplished somewhat in excess of a half million dollars. Then they got a call saying that they have a non-conforming use which may have lapsed and requesting documents. They spent a fortune obtaining docu- ments and those they have turned in are all of them. In regard to getting sales tax returns they had to negotiate and they lost the bene- fit of a zero percent mortgage. They took an eyesore and corrected it with the City's permission. He feels that is a very substantial argu- ment. They feel that the documents they provided are sufficient evi- dence to state a case in their favor. Mr. Bird stated that the only permit he could find that was voluntarily applied for was dated February 23, 1984 for $20,000. The additional permits were pulled because the Building Department required it. Mr. Greenwald stated their position is that they spent this money at the direction of the Building Department and no one discussed the non-conforming use issue until the half million was spent and everything was completed. There were a few alleged fire violations that had to be corrected at the time this issue first came up. The City Attorney disagreed and advised that his recollec- tion is that the non-conforming use issue was discussed with representa- tives of the contractor, B.K. Marine and Berkley Multiunits or Booi Services. About the time that the Building Department noticed that Marina Delray was driving pilings in the back of the site which did not fall within the $20,000 limit, he and Mr. Johnson discussed the fact that the non-conforming use issue would have to be addressed. This was prior to the fire code violations and he will have to check his files for an exact date. Mr. Bird moved to extend a temporary C.O. to March 28th and to remeet and reconsider this at the next formal meeting of Council, seconded by Mr. Weatherspoon. Mr. Weatherspoon stated that he is not in favor of having the City Attorney spend any more time on this matter. He suggested that Council make a final decision tonight. Mr. Jackel stated that if Marina Delray complies with the current ordinances, he feels they should be given a permanent C.O. Mayor Campbell stated that he does not want to thrust the City into a situation of litigation which could cost the City a great deal. They are addressing non-conforming uses on a two-fold basis: (1) code enforcement; and, (2) the eventual phasing out of all non-conform- ing uses. He would have no problem with issuing a permanent C.O. at this time. Mrs. Horenburger stated that she has a concern with the lapse of documentation from April to October and feels that the use is inappropriate and is a nuisance to the surrounding community. She would not be in favor of granting any C.O.'s at all. - 12 - 03/12/85 With regard to phasing out, the City Attorney stated that his recommendation is that by contract, they may be able to do things they could not do with an ordinance phase out, i.e., maintenance and care of the property so that it does not deteriorate near the end of the amortization period. He also feels that other improvements both on and off site may be amenable to the City and the current owners. It's something Council may want to explore instead of making a decision right now. Mr. Bird withdrew the motion on the floor. He stated that he will vote no to a permanent C.O. If they are going to negotiate, he feels they should do it in good faith with a common goal toward making that neighborhood as desirable a place to live as possible. He feels they need input from citizens as well as attorneys. Mr. Bird moved to defer until the March 26th meeting and issue a temporary C.O. to be extended until March 28th and for the City Attorney and representatives of the business, along with representatives of the neighborhood, to review plans to abate the nuisance, seconded by Mrs. Horenburger. 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 1 vote. Mrs. Elizabeth Matthews stated that there has been no neigh- borhood input and she would like to see some. People in the neighbor- hood can attest to the fact that the property was not used as a hotel, bar/restaurant during the period of April through October. She is surprised to hear Council considering giving them more parking space which the Code says they cannot. The rights of those neighbors have been abused for a long time and she asks Council to give consideration to those people. At this point the roll was called to the motion. Mr. Weatherspoon stated that, if possible, he would like to know how long that hotel building has been there and, within a two block radius, how long most of the neighbors have been there. 28. Delint Center Development Of'Regional Impact (DRI). Council is to consider establishing May 28, 1985 as the date for which a Public Hearing will be held on the Delint Center DRI, and direct the City Clerk to prepare and distribute the necessary notice in accordance with Chap- ter 380, Florida Statutes. Mrs. Horenburger moved to establish May 28, 1985 as the date for a Public Hearing to be held on the Delint Center DRI, 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. 29. OrdinanCe No. 31-85 - ZOning Ordinance Amendment - Payments in Lieu of Off-street parking, Ordinance No. 31-85, amending Chapter 30 "Zoning" of the Code of Ordinances that payments in the CBD (Central Business District) shall be made to the City in lieu of providing off- street parking, is before Council for consideration on First Reading. If passed, Public Hearing will be held on March 26th. The Acting City Manager presented Ordinance No. 31-85: 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) DIS- TRICT'' , SUBSECTION (J) , "ALTERNATE OFF-STREET PARKING REGULATIONS", BY AMENDING SUBSECTION (1) TO PROVIDE THAT PAYMENTS IN LIEU OF PROVIDING OFF-STREET PARKING SPACES SHALL BE MADE TO THE CITY TO ENABLE THE CITY TO PROVIDE PARKING ALTERNATIVES AS THE CITY COUNCIL DEEMS APPROPRI- ATE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 13 - 03/12/85 Mr. Bird moved for the adoption of Ordinance No. 31-85 on First Reading with a wording change under Section 1, Subparagraph (1) from "If it is impossible to provide" to "If the City Council determines it is impossible to provide", 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. Mayor Campbell declared the meeting adjourned at 9:15 P.M. · J City 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 March 12, 1985, which minutes were_~r-f r- mally approved and adopted by the City Council on~ ~/~. 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 - 03/12/85