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05-14-85 MAY 14~ 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 7:16 P.M., Tuesday, May 14, 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 - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Tom Clayton, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for approval of the minutes of the Regular 'Meeting of April 23, 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. Mrs. Elaine Roberts, 312 N. Swinton Avenue, advised that she has been working to find out the status on the annexation portion of Bill 87. An article in last Thursday's Sun Sentinel regarding county pockets in Broward County stated that a report showed the cost of living in the unincorporated area is getting near what it costs to live in a city. She spoke with the Florida League of Cities Office today and the Comprehensive State Plan passed in the House 116-0, and in the Senate 38-1. Attorney Jim Wolf has been working 15 hours a day on the Growth Management Bill and one of the items that may be attached to it is the annexation of the enclaves. Senator Pat Frank is pushing for this. Mrs. Roberts presented a check for $200 to the City for a tree in front of City Hall. Mayor Campbell commended Mrs. Roberts and all the other citizens for helping them with their lobbying efforts in Tallahassee. 5.a.2. Mr. Kurt Godfrey, 25 N.W. 23rd Avenue, representing Delray Beach Jaycees, spoke regarding the 4th of July fireworks presentation. In the past it was made possible by the backing of citizens and busi- nesses in the community. They have found out that Boca Raton spends $10,000 and Boynton Beach spends $6,000 out of public funds for fire- works. They feel it is time for the City of Delray Beach to step for- ward and assume the financial responsibility for this patriotic display. The Jaycees request that Council appropriate $5,000 for the fireworks. It was the consensus of Council to discuss the funding source at a workshop meeting. 5.a.3. Mr. Charles Wrigley, 143 S.W. 12th Avenue, spoke regarding an ordinance relatiVe to Pompey gymnasium. Currently, the ordinance states that if any organization uses that facility for an event, there is a $200 rental deposit and the City gets 50% of any money collected at the door. He understands that the purpose is to discourage commercial organizations from taking advantage. He is requesting the ordinance be amended so that the City would not require the 50% when the event is run by a non-profit organization. The Assistant City Manager advised that he has a meeting on Friday with the Parks & Recreation Director and the Pompey Park Super- visor with regard to this matter. 5.a.4. Mrs. Gertrude Shapiro, 3215 N.W. 9th Street, discussed the problem of County pockets within the City and expressed concern over the progress of the bills in Tallahassee. They would like to receive re- ports covering the lobbying activities. Mayor Campbell suggested that Mrs. Shapiro contact Steve Press's office and contact Senators Johnston or Childers staff. He recommends that she tell them that she is interested in the enclave portion of Bill 87; if it is not going to be passed in 1987 that it be attached as a rider. Furthermore, ask them to report back to her. 5.b.1. Mr. Jackel stated that several months ago they addressed the costly problem of rewiring at the City Marina. He requested that Coun- cil be provided with a full report in the very near future. 5.b.2. Mr. Jackel stated he received a letter from Mr. McCulloch, who addressed Council about a month ago regarding the Delray Shores Professional Plaza on Lake Ida Road. Mr. McCulloch, who recently an- nexed into the City, was troubled by vandalism and damage to his prop- erty. In his letter, Mr. McCulloch reported more damage than before; he is very discouraged and is asking for help from the City. Mr. Jackel questioned why these areas on Lake Ida Road, which are within the City limits, are not getting good police protection. The City Manager advised that they have had periodic patrols in and out of that area and nothing came out of that. Since then, the Police Chief has ordered two captains to maintain continuous surveil- lance of those buildings. He has asked Sheriff Wille to cooperate with their Police Department in that area and he hopes to hear from him soon. 5.b.3. Mrs. Horenburger stated that although the City looks better since the recent clean-up, there is a tendency for litter to return. Also, she has received complaints from the community relative to doing things such as painting curbsides and benches, etc. She suggests they consider establishing a summer jobs program for youth and hire temporary and part-time help for the summer. There are funds in various depart- mental budgets for these employees. Also they have received a letter from the manager of the State Department of Labor and Employment Secu- rity who would like the City to create some jobs for youth. It was the consensus of Council to direct the City Manager to look into this further and come back to Council with a recommendation at next week's workshop meeting. 5.b.4. Mr. Weatherspoon suggested that Waste Management be asked to periodically remind people of the free service they provide relative to picking up large items. Mrs. Horenburger advised that she met with Mike West of Waste Management yesterday. H~ assured her that they are adding another route for garbage pick-up and also they are preparing an informational pamphlet which will probably go out with utility bills. 5.b.5. Mayor Campbell suggested that consideration be given to employing one or two teachers in the summer for special projects such as grant research, for example. Mayor Campbell asked the City Manager to look into it and report back at next Tuesday's workshop meeting. 5.b.6. Mayor Campbell stated that they passed an ordinance which allows the City to treat junk cars as nuisances so that upon failure to remove them, the City can step in and do it. He asks that staff make a special effort to comb the City and not just wait for specific com- plaints to come forth. The City Manager stated that at a workshop meeting with Council he would like to set up some objectives for the Code Enforcement Division. 5.b.7. Mayor Campbell presented a proclamation proclaiming the week of May 12 - 19, 1985 as "Soil Stewardship Week". - 2 - 05/14/85 5.b.8. Mayor Campbell presented a proclamation proclaiming Wednes- day, May 15, 1985, as "Peace Officers Memorial Day". Police Chief Kilgore came forward to accept the proclamation. The City Manager stated that in honor of police officers who have been killed in action, the flags at City facilities will fly at half mast tomorrow. 5.c.1. The City Attorney reported on the Marina Del ray matter. They will be litigating some or all of the issues in bankruptcy court and they will need to retain a firm that practices bankruptcy in the Tampa area. They recommend the retention of the Carlton Fields law firm of Tampa to act as the City's consultants for this case, if it is neces- sary to pursue it, for the fee of $105 to $190 per hour. Funding will come from the City Attorney's budget. Mr. Jackel moved to retain the services of Carlton, Fields, Ward, Emanuel, Smith and Cutler, P.A., of Tampa, Florida, with regard to the Marina Delray matter with the fee as stipulated, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horen- burger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.c.2. The City Attorney advised at a recent Sewer Board meeting, the cities of Delray Beach and Boynton Beach authorized commencing eminent domain procedures to acquire the Shell Oil property. This resolution would authorize the City Attorney's office to institute the proceedings in conjunction with Jim Vance, City Attorney for Boynton Beach. The City Attorney presented Resolution No. 47-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING ACQUISITION OF 2.53 ACRES OF REAL PROPERTY LOCATED ON CONGRESS AVENUE FOR THE PURPOSE OF RECONSTRUCTING AND THE EXPANSION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT PLAN BY GIFT, PURCHASE OR EMINENT DOMAIN; STATING THE PUBLIC PURPOSE FOR WHICH THE PROPERTY IS TO BE ACQUIRED; DETERMINING THAT FEE SIMPLE TITLE TO THE PROPERTY IS TO BE ACQUIRED; DETERMINING AND FINDING THAT THE ACQUISITION OF THE PROPERTY TO BE AC- QUIRED IS NECESSARY FOR THE STATED PUBLIC PURPOSE; PRO- VIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 47-85 is on file in the official Resolution Book) Mr. Jackel moved for the adoption of Resolution No. 47-85, 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 advised that, besides the annexation and enclaves issues, there are a few things coming up before the Legislature which they need to watch for. One is binding arbitration legislation which will allow a special master in impasse resolutions to come in and bind the City Council to give whatever raises he thinks are appropriate. There are also some presumption bills Council needs to be aware of. These do things like presuming that any cancer acquired by a firefighter is job-related whether or not it actually is. Also, a heart disease for a police officer would be an automatic Workmans' Compensation payment. 5.d.1. The City Manager advised that under Item #27, Resolution No. 42-85, there has been a problem and he requests that on the list at- tached to it, the second name from the bottom be removed. 5.c.4. The City Attorney stated that the Community Appearance Board had required screening of the air conditioning units at South Delray Shopping Center. Since that time they have received approval to do that with trees rather than screening. They are requesting that Council modify the change and authorize them to do the screening with trees subject to the approval of the City Horticulturist which would then release them from the bond. - 3 - 05/14/85 Mr. Jackel moved to modify the change as outlined 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. 6. Mrs. Horenburger requested that Items 35 and 36 be removed from tonight's agenda as she feels they are not yet prepared to make those appointments. Mayor Campbell requested that Items 41-44 be taken at the end of the meeting after Items 45-47. Mr. Jackel moved for agenda approval with Item 27 as amended by the City Manager, removal of Items 35 and 36 and reordering Items 41, 42, 43 and 44 to go at the end of the agenda, seconded by Mr. Weather- spoon. 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. PUBLIC HEARINGS 7. Ordinance No. 32-85 - Ryan Annexation. Ordinance No. 32-85, r~lative to annexing a 0.34-acre parcel subject to R-1AA (Single Family Dwelling) District, located at the southwest corner of N.W. llth Street and N.W. 4th Avenue, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 32-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 4, BLOCK 4, OF AMENDED PLAT OF LAKE IDA GARDENS, ACCORD- ING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 23, PAGE 192, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF N.W. llTH STREET AND N.W. 4TH AVENUE; 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. 32-85 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. 32-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. 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. 8. Ordinance No. 33-85 - The Baseball School Rezonin~ Condi- tional Use and Site Plan Approval. Ordinance No. 33-85, relative to rezoning a three-acre parcel from RM-10 (Multiple Family Dwelling) District to SAD (Special Activities District) and the further condi- tional use and site plan approval to allow The Baseball School, a pro- posed sports training facility (26 dwelling units) to house ballplayers attending the school, with attendant lecture/dining hall and lounge area, is before Council for consideration on Second and FINAL Reading. The property is located south of Dotterel Road, if extended east, be- tween Jaeger Drive and the F.E.C. Railroad. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 4 - 05/14/85 The City Manager presented Ordinance No. 33-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPE- CIAL ACTIVITIES DISTRICT), BEING A THREE (3) ACRE PARCEL OF LAND, MORE OR LESS, LOCATED SOUTH OF DOTTEREL ROAD, IF EXTENDED EAST, BETWEEN JAEGER DRIVE AND THE F.E.C. RAIL- ROAD. SAID LAND LYING AND BEING IN TRACT A, FALLS OF DELRAY, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 46, PAGE 148 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; GRANTING CONDITIONAL USE AND SITE AND DEVELOP- MENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING FOR VOIDING OF BUILDING PERMITS; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 33-85 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. 33-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. 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. 9. Ordinance No. 41-85 - Amending Code - Surfing. Ordinance No. 41-85, amending Chapter 17 "Parks, Beaches and Recreation" of the Code of Ordinances relative to prohibition of use of any surfboards or other similar articles on the municipal beach in a manner which con- stitutes a hazard to any other person, 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 City Manager presented Ordinance No. 41-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "MUNICIPAL BEACH", BY AMENDING SECTION 17-30, "SURFING", TO ADD LANGUAGE WHICH PROHIBITS THE USE OF ANY SURFBOARDS OR OTHER SIMILAR ARTICLES IN A MANNER WHICH CONSTITUTES A HAZARD TO ANY OTHER PERSON; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 41-85 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. Mr. Tom Haenlon~ 613 N.E. 4th Street, suggested the follow- ing: That the sleeping prohibition apply to parks and be put in Chapter 16 of the Code; it does not belong in Section 17 as the sleeping falls within those hours when there are no lifeguards on duty. In Section 17-28 of the Code, frisbees should be added. In Sec. 17-19 a provision should be added regarding the playing of loud radios on the beach. In Sec. 16-6 a provision should be added relative to loud playing car radios. Council should suspend passage of these three ordinances and charge the new Beach Committee with a study of the entire code in full. - 5 - 05/14/85 A lifeguard manual should be written and provided to lifeguards and signs regarding "do' s" and "don't' s" for beachgoers should be provided at all entrances to the beach. Lastly, he suggested that top management give more time to the running of the beach in all areas of activity. Mayor Campbell advised that these ordinances do not make any real substantive changes but are intended to increase the efforts of City staff to enforce the existing ordinances. He advised that Mr. Barron, Beach Supervisor, came before Council a month ago requesting such signs as Mr. Haenlon brought up. Mayor Campbell requested that the City Manager look into the other requests and get back to Council on them. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 41-85 on Second and FINAL Reading, 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. 10. Ordinance No. 42-85 - Amending Code - Dangerous Objects on Municipal Beach. Ordinance No. 42-85, amending Chapter 17 "Parks, Beaches and Recreation" of the Code of Ordinances relative to prohibi- tion of dangerous objects on the municipal beach, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 42-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "MUNICIPAL BEACH" , BY ENACTING A NEW SECTION 17-33, "DANGEROUS OBJECTS PROHIBITED ON THE MUNICIPAL BEACH", PROVIDING THAT NO PERSON SHALL DEPOSIT OR CAUSE TO BE DEPOSITED ON THE BEACH ANY DANGEROUS ARTICLES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 42-85 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. 42-85 on Second and FINAL Reading, 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. 11. Ordinance No. 43-85 - Amending Code - Sleeping/Camping on Municipal Beach. Ordinance No. 43-85, amending Chapter 17 "P arks, Beaches and Recreation" of the Code of Ordinances relative to prohibi- tion of sleeping/camping during certain nighttime hours on the municipal beach, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 43-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "MUNICIPAL BEACH" , BY ENACTING A NEW SECTION 17-36, "SLEEPING/ CAMPING ON MUNICIPAL BEACH DURING CERTAIN NIGHTTIME HOURS - 6 - 05/14/85 PROHIBITED", PROVIDING THAT NO PERSON SHALL SLEEP/CAMP ON THE MUNICIPAL BEACH BETWEEN THE HOURS OF 9:00 P.M. AND 6:00 A.M.; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 43-85 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. 43-85 on Second and FINAL Reading, 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. 12. Ordinance No. 44-85 - Amending Code - Board of Construction Appeals. Ordinance No. 44-85, amending Chapter 9 "Buildings and Con- struction'' of the Code of Ordinances relative to membership and quali- fications of members of the Board of Construction Appeals, 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 City Manager presented Ordinance No. 44-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDING AND CON- STRUCTION'', ARTICLE XVII, BOARD OF CONSTRUCTION APPEALS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-563, "MEMBERSHIP AND QUALIFICATIONS", TO BROADEN THE REQUIREMENTS FOR QUALI- FICATION OF MEMBERS OF THE BOARD BY REMOVING THE ACTIVE IN THEIR TRADE OR PROFESSION REQUIREMENT FOR MEMBERSHIP; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 44-85 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. 44-85 on Second and FINAL Reading, 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. 13. Ordinance No. 45-85 - Amending Code - Unsafe Buildings. Ordinance No. 45-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to unsafe buildings, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a publiC hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 45-85: 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 REPEALING ARTICLE XIII, "ELIMI- NATION OR REPAIR OF UNSAFE BUILDINGS", AND ENACTING A NEW ARTICLE XIII, "ELIMINATION OR REPAIR OF UNSAFE BUILD- INGS''; PROVIDING APPLICABLE CODES; PROVIDING THAT THIS ARTICLE SHALL BE CONSTRUED AS BEING REMEDIAL; PROVIDING DEFINITIONS INCLUDING THE STANDARDS FOR AN UNSAFE BUILD- ING; DESIGNATING AN ENFORCEMENT OFFICER; PROVIDING FOR - 7 - 05/14/85 THE NONLIABILITY OF ENFORCEMENT PERSONNEL; AUTHORIZING INSPECTIONS, INITIATING ABATEMENT; REQUIRING THE MAIN- TENANCE OF EXISTING BUILDINGS; PROVIDING PROCEDURES FOR DECLARING BUILDINGS UNSAFE INCLUDING NOTICE REQUIREMENTS; REQUIRING THE POSTING OF PREMISES TO BE VACATED; PROVID- ING FOR THE RECORDING OF THE NOTICE OF UNSAFE BUILDING WHERE REPAIRS ARE NOT MADE IN ACCORDANCE WITH THE RE- QUIREMENTS OF THE BUILDING OFFICIAL; PROVIDING STANDARDS FOR DETERMINING THE APPROPRIATE ACTION TO BE TAKEN BY THE BUILDING OFFICIAL; PROVIDING STANDARDS FOR COMPLIANCE WITH CURRENT BUILDING AND FIRE CODES; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS ARTICLE; PROVIDING THAT THE REMEDIES AND PROCEDURES OF THIS SECTION ARE NOT EXCLUSIVE; DESIGNATING THE BOARD OF CONSTRUCTION APPEALS TO MAKE THE FINAL INTERPRETATION OF THE PROVISIONS OF THIS ARTICLE; REQUIRING THE BOARD TO KEEP DETAILED REC- ORDS OF ITS PROCEEDINGS; PROVIDING PROCEDURES FOR THE BOARD; SETTING FORTH THE CRITERIA FOR APPEALING TO THE BOARD OF CONSTRUCTION APPEALS; DECLARING THAT FAILURE TO ATTEND THE BOARD HEARING SHALL CONSTITUTE A WAIVER OF THE RIGHT TO APPEAL; SETTING FORTH THE SCOPE OF THE HEARINGS; STAYING THE ORDER OF THE BUILDING OFFICIAL OTHER THAN THE NOTICE TO VACATE DURING THE PENDENCY OF AN APPEAL; PRO- VIDING RULES OF PROCEDURE BEFORE THE BOARD FOR AN APPEAL; PROVIDING GUIDELINES FOR IMPLEMENTING A FINAL ORDER OF THE BUILDING OFFICIAL OR THE BOARD OF CONSTRUCTION AP- PEALS INCLUDING PROCEDURES FOR ORDERING THE DEMOLITION OR VACATION OF THE BUILDING; PROVIDING FOR THE RECOVERY OF COST OF ABATING THE UNSAFE CONDITION INCLUDING THE AS- SESSMENT OF A LIEN; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 45-85 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. 45-85 on Second and FINAL Reading, 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. 14. Community Redevelopment Agency. Resolution No. 32-85, declaring certain areas as blighted or as slum areas where there is a shortage of housing affordable to residents of low or moderate income, is before Council for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 32-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING CERTAIN AREAS AS BLIGHTED OR AS SLUM AREAS AS DEFINED IN CHAPTER 163, PART III, FLORIDA STATUTES OR AREAS IN WHICH THERE IS A SHORTAGE OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME IN- CLUDING THE ELDERLY, OR A COMBINATION THEREOF; DECLARING A NEED FOR REHABILITATION OF SUCH AREAS; FINDING A NEED FOR A COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 32-85 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. 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. - 8 - 05/14/85 Upon question by Mayor Campbell, Assistant City Attorney Delegal advised that the area shown was recommended by Mr. Jim Johnson and it can be changed at any time by another resolution. Mayor Campbell suggested eliminating the areas west of 1-95 and south of 10th Street so as not to include brand new construction particularly in commercial or industrial areas. It was the consensus of Council to eliminate the areas west of 1-95 and south of 10th Street. Mr. Jackel noted that the purpose is to provide affordable housing for low income residents and asked if they can apply the funds to the revitalization of East Atlantic Avenue. Assistant City Attorney Delegal advised that the funds can only be used in the area that is adopted by the Community Redevelopment Plan. The City Manager added that primarily the kind of things you can do are build streets, water and sewer lines, physical types of things to stimulate the development of housing. Unfortunately, they cannot find a specific reference to the actual use of this money for the construction of housing. It allows construction of all the amenities up to the point of construction. Mrs. Horenburger noted that in the area west of Germantown Road, east of 1-95, north of Linton and south of 10th Street, redevelop- ment is sorely needed and she questioned why they left it out. Mayor Campbell stated they are primarily looking to those properties for which they will be looking at tax increment financing for a revenue bond and leaving as much alone as possible for general revenue purposes. Since that is a developing area, as opposed to a redeveloping area, he feels it is not appropriate. The public hearing was closed. Mr. Jackel moved for the adoption of Resolution No. 32-85 modifying the area as suggested by Mayor Campbell which would delete the portions west of 1-95 and south of 10th Street, seconded by Mr. Weather- spoon. 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. CONSENT AGENDA 15. Ratification of South Central Regional Wastewater Treatment and Disposal Board action relative to adoption of Resolution No. 85-2. Council is to consider ratifying provisions of the Interlocal Agreement with respect to the responsibility of the cities of Delray Beach and Boynton Beach for contribution of operating costs of the Board. This was approved by the SCRWTD Board by a vote of 8-0. 16. Soap Box Derby. The Delray Beach Sunrise Kiwanis has re- quested use of the Linton Boulevard Bridge for the purpose of holding the 3rd Annual Goldcoast All American Soap Box Derby. Dates needed for closure of the bridge are: Sunday, June 30th, 7:00 a.m. - 7:00 p.m. Practice Saturday, July 6th, 5:00 a.m. - 9:00 p.m. Race Day Sunday, July 7th, 5:00 a.m. - 9:00 p.m. Rain Date The bridge draw span would not be affected during any of these times and a lane for emergency vehicles would be kept clear at all times for passage from U.S. Highway 1 to A1A. Approval is recommended. 17. Extension Approval - Pelican Harbor Shoppes. Council is to consider a request for a one-year extension of the conditional use and site plan approval to June 23, 1986 for Pelican Harbor Shoppes, an ap- proved 14,646-square foot shopping center, located at the northeast corner of South Federal Highway and Tropic Isle Drive. This was ap- proved by the Planning & Zoning Board by a vote of 4-0. - 9 - 05/14/85 18. Water Service A~reement - First Alliance Church. Council is to consider execution of a water service agreement for a 1.76-acre parcel located on the east side of Military Trail, between West Atlantic Avenue and the L-33 Canal. It is zoned AR (Agricultural Residential) in the County and is designated C (Commercial) on the City's Land Use Plan. This was approved by the Planning & Zoning Board by a vote of 6-0. 19. Water Service A~reement - Paul and Anne Krewedl. Council is to consider execution of a water service agreement for a 0.84-acre parcel located at the southeast corner of Frances Drive and Barwick Road. It is zoned RS (Residential Single Family) in the County and is designated SF (Single Family) on the City's Land Use Plan. The Planning & Zoning Board approved this by a vote of 6-0. 20. Ratification of Sale of Surplus Property. Council is to consider ratifying the sale of surplus City property sold at the auction held on 51ay llth at 10:00 a.m.. Approval is recommended. 21. Fire/RescUe Chassis. Council is to consider award of a contract to the low bidder, Bill Wallace Ford, for a fire/rescue chassis in the amount of $11,502.96, with funds to come from the 1984/85 budget. Approval is recommended. 22. Fertilizer~ LaWn ChemiCals and Insecticides. Council is to consider the award of contracts for fertilizer, lawn chemicals and insecticides for the Parks & Recreation Department to the low bidders, Lesco, Sunnyland, Southern Mill Creek and Asgrow who met the bid product specifications. Approval is recommended. 23. Street Name Chan~e, Council is to consider a request for a street name change for N.W. 37th Terrace within the Lake Forest Subdivi- sion to N.W. 38th Way. The property is located between the Rainberry Bay development and Barwick Road. This was approved by the Planning & Zoning Board by a vote of 7-0. 24. Final Plat Approval ' Hanover Square First Addition. Council is to consider a request for final plat approval for Hanover Square First Addition, an approved single family, zero lot line develop- ment, located on the north side of West Atlantic Avenue, between High Point Boulevard and Hamlet Drive, if extended north. The Planning & Zoning Board approved it by a vote of 7-0. 25. Chan~e Order - Water Treatment Plant Expansion. Council is to consider approval of Change Order No. 3 from Lanzo Construction Com- pany for two additional filters, increasing the contract amount by $4,470.00, for a total contract price of $792,770.00. Contract comple- tion time is unchanged. Funds are to come from the 1983 Water & Sewer Revenue Bond. Approval is recommended. 26. Annexation Request - West side of Florida Boulevard, approx- imately 125 feet south of LaMat AVenUe (Lukowski). Resolution No. 41-85, requesting permission from the Palm Beach County Board of Co~is- sioners to annex a 0.26-acre parcel, subject to RM-6 (Multiple Family Dwelling) District, is before Council for consideration. The caption of Resolution No. 41-85 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 RS-RESIDEN- TIAL SINGLE FAMILY, TO THE CITY'S ZONING CLASSIFICATION RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 41-85 is on file in the official Resolution Book) 27. Nuisance Abatement. Resolution No. 42-85, assessing costs of abating nuisances in accordance with Sections 13-12 and 13-13 on nine parcels, is before Council for consideration. - 10 - 05/14/85 The caption of Resolution No. 42-85 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. 42-85 is on file in the official Resolution Book) 28. Acceptance of Water Utilities. Resolution No. 43-85, ac- cepting all water utilities as operational as recorded in the plat of Friedes Plat No. 1, is before Council for consideration. The caption of Resolution No. 43-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL WATER UTILITIES INSTALLED IN FRIEDES PLAT NO. 1, RECORDED IN PLAT BOOK 48, PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: A WATER MAIN ALONG THE NORTH SIDE OF LINTON BOULEVARD FROM S.W. 4TH AVENUE EAST TO THE WEST BOUNDARY OF THE PROJECT, THENCE NORTH ALONG SAID WEST BOUNDARY A DISTANCE OF 300 FEET, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PRO- VIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 43-85 is on file in the official Resolution Book) 29. Abandonment of Easements - South Delray Shoppin~ Center~ Phase I. Resolution No. 44-85, abandoning easements within the plat of South Delray Shopping Center, Phase I, subject to the acceptance and recordation of an easement deed granting replacement easements as set forth in a memorandum from the Planning Director dated May 3, 1985, is before Council for consideration. The caption of Resolution No. 44-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL EASEMENTS, AS SHOWN ON THE PLAT OF SOUTH DELRAY SHOPPING CENTER, AS RECORDED IN PLAT BOOK 47, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 44-85 is on file in the official Resolution Book) 30. Acceptance of Easement Deed - South Delray Shoppin~ Center~ Phase I. Council is to consider acceptance of an easement deed granting replacement easements within South Del ray Shopping Center, Phase 1, subject to the abandonment of easements as set forth in a memorandum from the Planning Director dated May 3, 1985. The Planning & Zoning Board approved this by a vote of 7-0. 31: Annexation Request - East side of South Federal Highway, be- tween South Delray Shopping Center and Dumar Plaza (Kaufman). Resolu- tion No. 45-85, requesting permission from the Palm Beach County Board of Commissioners to annex a 1.389-acre parcel, subject to SC (Special- ized Commercial) District, is before Council for consideration. - 11 - 05/14/85 The caption of Resolution No. 45-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH, FROM THE COUNTY ZONING CLASSIFICATION CG-GENERAL COMMERCIAL, IN PART, AND RS-RESIDENTIAL SINGLE FAMILY, IN PART, TO THE CITY'S ZONING CLASSIFICATION GC (GENERAL COMMERCIAL) DISTRICT. (Copy of Resolution No. 45-85 is on file in the official Resolution Book) 32. Acceptance of Streets - Lake Forest South. Resolution No. 46-85, accepting all streets as operational in the plat of Lake Forest South, is before Council for consideration. The caption of Resolution No. 46-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS INSTALLED IN LAKE FOREST SOUTH, AS RECORDED IN PLAT BOOK 43, PAGES 152 AND 153 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL. (Copy of Resolution No. 46-85 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda with the amendment to Item #27, 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. REGULAR AGENDA 33. Appointment - Civil Service Board. Council is to consider appointment of one regular member to the Civil Service Board to a term ending April 1, 1987. Mrs. Horenburger moved to appoint Milford Ross, alternate member, to the regular position and to appoint Todd Jackson as the new alternate member of the Civil Service Board, seconded by Mr. Weather- spoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call, Mr. Jackel stated that these are good men; however, he feels that Carl Bayer, current member of the Board, has done a good job and should be reappointed. Therefore, he will vote no. At this point the roll was called to the motion. 34. Appointments - Beautification Committee. Council is to con- sider appointments of members to the Beautification Committee. Mrs. Rachel Speicher, Chairman, presented the list of mem- bers for reappointment as follows: Mrs. Dorothy Appel Mr. John E. Gomery, Jr. Mrs. John Banting Mr. Irwin Ives Mr. Quentin Boerner Mr. Thomas G. Lyman Mrs. John Bordeman Mrs. Marjorie Ott Mr. Phillip Carow Mr. Alton E. "IKE" Rabbitt Mrs. Mimi Cohen Mrs. Marilyn Silver Mrs. Glenna Crafts Mrs. Rachel Speicher Mrs. Lillian Feldman Mr. William B. Worth Mrs. Gertrude Wright - 12 - 05/14/85 Mrs. Horenburger moved for the appointments to the Beautifi- cation Committee as read by Mrs. Speicher, 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. 37. Establishment of the Palm Beach Countywide Beaches and Shores Council. Resolution No. 40-85, supporting the establishment of the Palm Beach Countywide Beaches and Shores Council and adopting the provision of the Interlocal Agreement between the City and all other members, is before Council for consideration. The City Manager presented Resolution No. 40-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF THE PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL; PROVIDING THAT THE CITY OF DELRAY BEACH SHALL PARTICIPATE AS AN EQUAL MEMBER OF THE COUNCIL; ADOPTING THE PROVISIONS OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND ALL OTHER MEMBERS OF THE PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO THE PALM BEACH COUNTY BEACH EROSION CONTROL COORDINATOR. (Copy of Resolution No. 40-85 is on file in the official Resolution Book) Mrs. Horenburger moved for the adoption of Resolution No. 40-85, 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 the following discussion was had: Mr. Jackel stated he is not entirely comfortable with this process and he expressed concern over Item 6.E. of the agreement. Mrs. Horenburger noted that Palm Beach County contributes a great deal of money to the City's beach program and she feels it behooves them to pass this agree- ment. Mayor Cambell stated that if they find it to be unsatisfactory, they can pull out of it at a later time. At this point the roll was called to the motion. 38. Ordinance No. 46-85 - Amending Code - Community Redevelopment Agency Creation. Ordinance No. 46-85, amending Chapter 2 "Administra- tion'' of the Code of Ordinances relative to the creation of the Com- munity Redevelopment Agency, is before Council for consideration on First Reading. If passed, a Public Hearing will be held on May 28th. The City Manager presented Ordinance No. 46-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW ARTICLE VIII., "COMMUNITY REDE- VELOPMENT AGENCY", AND ADDING SECTION 2-135, "CREATION OF COMMUNITY REDEVELOPMENT AGENCY", TO PROVIDE FOR LEGIS- LATIVE INTENT; ORGANIZATION OF THE COMMUNITY REDEVELOP- MENT AGENCY; THE COMMUNITY REDEVELOPMENT PLAN; DELEGATION OF POWER; ORDINANCE AS SUPPLEMENTAL; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 46-85 on First Reading, 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. - 13 - 05/14/85 Before roll call the following discussion was had: Mayor Campbell recommended that City Council itself sit as the Redevelopment Agency. If Council agrees, there could simultaneously be a non-profit corporation created with a broader Board of Directors which can act as consultant, advisor and as an agency which can carry out specific ele- ments of the plan. Upon question by Mr. Jackel, the City Attorney advised that whether or not Council is the Redevelopment Agency, Council will not be responsible for the bonds. Upon question by Mr. Weather- spoon, Mayor Cambell advised that they would allow the Atlantic Avenue Task Force in conjunction with the City Attorney and City Manager to establish that non-profit agency. This is similar to what was done in Boynton Beach and Boca Raton. The City Manager advised that, in any event, City Council would have the final say; this is a way of elimi- nating some problems which have arisen in other cities. The City Attorney advised that, if this is Council's intent, they will eliminate Ordinance No. 47-85 for this evening and will desig- nate City Council as being the Agency by resolution on May 28th. Upon question from the audience, Mayor Campbell advised that when they sit as the Agency in the future, they will discuss items such as budget, financing and how to implement the plan that will be adopted. Mr. Sam Schwimer asked if there is a relationship between this Agency and the Housing Authority. Mayor Campbell replied there is no formal relationship. There is a much broader goal than just housing; that is, the overall infrastructure plan which was originally the purpose of the Atlantic Avenue Task Force; however, there is nothing saying that the Redevelopment Agency cannot utilize the Housing Authority as part of implementation of the plan. The primary emphasis is infrastructure improvements along Atlantic Avenue which, hopefully, will have a drama- tic effect all along Atlantic Avenue. At this point the roll was called to the motion. 39. Ordinance No. 47-85 - Amending Code - Community Redevelopment Agency Members. Ordinance No. 47-85, amending Chapter 2, "Administra- tion'' of the Code of Ordinances relative to appointing members of the Community Redevelopment Agency, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 47-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING THE MEMBERS OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY IN ACCORDANCE WITH SECTION 163.356, FLORIDA STATUTE; ENUMERATING THEIR TERMS OF OFFICE; APPOINTING A CHAIRMAN AND VICE-CHAIRMAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved to indefinitely postpone considera- tion of Ordinance No. 47-85 until such time as this subject matter is called up again, 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. 40. Ordinance No. 48-85 - Lukowski Annxation. Ordinance No. 48-85, relative to annexing a 0.26-acre parcel subject to RM-6 (Multiple Family Dwelling) District, located on the west side of Florida Boule- vard, approximately 125 feet south of LaMat Avenue, is before Council for consideration on First Reading. If passed, a Public Hearing will be held on June llth. The City Manager presented Ordinance No. 48-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 60 THROUGH 63, INCLUSIVE , BLOCK 34, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF - 14 - 05/14/85 THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE WEST SIDE OF FLORIDA BOULEVARD, APPROXIMATELY 125 FEET SOUTH OF LAMAT AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 48-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. HOrenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 45. Ordinance No. 52-85 - Kaufman Annexation. Ordinance No. "52'85, relative to annexing a 1.389-acre parcel subject to GC (General Commercial) District, located on the east side of South Federal Highway between South Delray Shopping Center and Dumar Plaza, is before Council for consideration on First Reading. If passed, a Public Hearing will be held on June 25th. The City Manager presented Ordinance No. 52-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 6 THROUGH 22, INCLUSIVE, BLOCK 28, LESS THE WEST 38 FEET OF LOTS 6 THROUGH 10, INCLUSIVE, BLOCK 28, TOGETHER WITH A PORTION OF ABANDONED ALLEY RIGHT-OF-WAY LYING ADJACENT THERETO, A PORTION OF THE ALLEY RIGHT-OF-WAY IN BLOCK 28 AND A PORTION OF THE RIGHT-OF-WAY FOR AVENUE J LYING ADJACENT TO BLOCK 28, ALL LYING AND BEING IN DEL-RATON PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 14, PAGE 10, 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 EAST SIDE OF SOUTH FEDERAL HIGHWAY , BETWEEN SOUTH DELRAY SHOPPING PLAZA AND DUMAR PLAZA; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THERE- OF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 52-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger -Yes; Mr. Jackel -Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 46. Ordinance No. 53-85 - Chan~in~ the City's Land Use Plan Des.ignation (Kaufman). Ordinance No. 53-85, relative to changing the City's Land Use Plan designation in the Comprehensive Plan for a 0.87- acre parcel from MF-6 Multiple Family to C-Commercial, located on the east side of South Federal Highway, between South Delray Shopping Center and Dumar Plaza, is before Council for consideration on First Reading. If passed, a Public Hearing will be held on June 25th. The City Manager presented Ordinance No. 53-85: 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 THE EAST ONE HALF (E½) OF LOT 13 AND LOTS 14 THROUGH 22, INCLUSIVE, BLOCK 28, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 14, PAGE 10, FROM MF-6 MULTIPLE FAMILY TO C-COMMERCIAL. - 15 - 05/14/85 SAID LAND IS LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY, BETWEEN SOUTH DELRAY SHOPPING PLAZA AND DUMAR PLAZA; A~ENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 53-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 47. Ordinance No. 54-85 - Zoning Ordinance Amendment - Parking, Storin~ or Keeping of CommerCial VehiCles in ReSidential Areas. Ordi- nance No. 54-85, amending Chapter 30, "Zoning" of the Code of Ordinances relative to parking, storing or keeping of commercial vehicles, boats, buses, trailers and trucks in residential areas, is before Council for consideration on First Reading. If passed, a Public Hearing will be held on May 28th. The City Manager presented Ordinance No. 54-85: 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 SECTION30-20, "REGULATIONS FOR THE PARKING, STORING OR KEEPING OF COMMERCIAL VEHICLES, BOATS, BUSES, TRAILERS AND TRUCKS", BY REPEALING SECTION 30-20(E) (1), "TRUC KS" , AND ENACTING A NEW SECTION 30-20 (E) ( 1 ) , "TRUCKS", WHICH PROVIDES THAT ONLY PANEL, PICKUP, VAN AND SIMILAR TYPE TRUCKS NOT OVER THREE-QUARTERS TON RATED CAPACITY MAY BE PARKED IN ALL RESIDENTIAL ZONING DIS- TRICTS; PROVIDING THAT SUCH VEHICLES MAY ONLY BE PARKED ON PLOTS IMPROVED WITH A RESIDENCE AND REQUIRING THAT SUCH VEHICLES MUST BE USED BY A RESIDENT OF THE PREMISES; PROVIDING FURTHER THAT IN R-lA ZONING DISTRICTS UP TO TWO TRUCKS HAVING A ONE AND ONE-HALF TON RATED CAPACITY MAY BE PARKED ON A PARCEL OF PROPERTY; PROVIDING THAT CERTAIN SMALL TRAILERS MAY ALSO BE PARKED IN THE R-lA ZONING DISTRICT; AND RESTRICTING SUCH PARKING TO PARCELS OF PROPERTY WHICH ARE OCCUPIED BY A RESIDENCE AND REQUIRING SUCH VEHICLES TO BE USED BY A RESIDENT OF THE PREMISES; REPEALING SECTION 30-20 (E) (2) , "BOATS, BOAT TRAILERS, AND RECREATIONAL VEHICLES" SUBSECTION (b) TO PROVIDE THAT ONE BOAT, ONE BOAT TRAILER AND ONE RECREATIONAL VEHICLE MAY BE PARKED ON RESIDENTIAL PROPERTY OCCUPIED BY A PERMITTED STRUCTURE; PROVIDING FOR THE SCREENING OF SUCH VEHICLE, AND PROVIDING THAT SCREENING REQUIREMENTS FOR SUCH VEHI- CLE SHALL NOT BE CONSTRUED TO REQUIRE SCREENING FROM DIRECT VIEW; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 54-85 on First Reading, seconded by Mr. Jackel. Mr. Jackel requested the following amendments: (1) to change the trucks from 1% to 2 tons in the second portion; (2) to reword the ordinance so that these vehicles can be scr. eened in the same manner as recreational vehicles, i.e., they should be parked on the side or back of the homes, not in front, and screened on three sides; and (3) people who have trucks exceeding the two ton limit now parked at their homes should be grandfathered in but those must be screened as well. For the benefit of the public, Mr. Jackel advised that this only applies to the R-lA Districts. Mrs. Horenburger stated that the R-lA lots are quite small and people living on one of them would not have the ability to screen two ton trucks. Therefore, she has a problem - 16 - 05/14/85 requiring this screening. Mayor Campbell suggested having the City Manager waive the requirement for hardship. The City Attorney advised that they could add provisions; presently, there are none. Council concurred. The City Attorney advised that these are substantive amend- ments and, therefore, the ordinance will have to come back for First Reading. Mrs. Horenburger made a substitute motion to postpone fur- ther consideration of this ordinance until such time as the caption and body is revised and that they have First Reading on May 28th, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horen- burger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell left the meeting at this time due to a con- flict of interest and Vice-Mayor Horenburger took the chair. 41___~. Ordinance No. 49-85 - RezOnin~ (City Initiated) - Northeast corner of Atlantic and COngress Avenues. Ordinance No. 49-85, rezoning a 7.68-acre parcel from MI (Medium Industrial) District to ~GC (General Commercial) District, is before Council for consideration on First Read- ing. If passed, a Public Hearing will be held on June 25th. The City Manager presented Ordinance No. 49-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MI (MEDIUM INDUSTRIAL) DISTRICT IN GC (GENERAL COMMER- CIAL) DISTRICT A PARCEL OF LAND LYING AND BEING IN SEC- TION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF ATLANTIC AVENUE AND CONGRESS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 49-85 on First Reading, seconded by Mr. Weatherspoon. Upon question by Vice-Mayor Horenburger, a number of people in the audience raised their hands to indicate that they are here to- night to oppose this ordinance. Vice-Mayor Horenburger stated that from calls she has received, she gets the impresssion that the property owners in the area have had a negative response to this action. Upon question by Mrs. Phyllis PlUme, Vice-Mayor Horenburger advised that the property encompasses a large area and includes the Exon Station. Mrs. Plume questioned why this was initiated by the City, why the Planning & Zoning Board denied it and why staff approved it. Vice- Mayor Horenburger stated it is her understanding that the Atlantic Avenue Task Force made some recommendations as to the future of this area with regard to enabling a hotel to be built there. She added that the Planning & Zoning Board entertained the idea; however, after hearing from the property owners, several members changed their minds. Mr. Robert Cohn, Planning Director, added that staff origi- nated this proposal. They recommended it be rezoned because of the blighted conditions of the area and the heavy commercial and industrial uses which they felt were inappropriate for a major gateway to the City. They hoped to redevelop the area as a motel/hotel/convention location which would take care of the blight problem and increase property values in the area and tax revenues. Also, it would provide more jobs, parti- cularly for the area east of 1-95. Mr. David Nathanson, Comprehensive Land Use Plan Committee, felt this action would be premature. If the commuter rail line is ever extended north of Glades Road, there is a plan that N.W. 1st Street (the northern edge of this property) would be used as a parking lot and commuter station. He strongly urges Council to put this ordinance in abeyance until a far more comprehensive plan emerges. - 17 - 05/14/85 Vice-Mayor Horenburger stated that she hopes the property owners in the area will do all they can to improve the appearance of that area. Further, that this rezoning might be entertained at a later time but not now while the current property owners wish to keep the zoning as it is. Upon the advice of the City Attorney, Mr. Jackel amended the motion to include as the reasons for the rezoning those reasons set forth in the March 14th and April 9th memorandums from the Planning Department, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Jackel - No; Mr. Weatherspoon - No; Vice-Mayor Horen- burger - No. Said motion FAILED with a 3 to 0 vote. 42. Ordinance No. 50-85 - Changin~ the City's Land Use Plan Designation (City Initiated). Ordinance No. 50-85, relative to changing the City's Land Use Plan designation in the Comprehensive Plan for a 7.68-acre parcel from I-Industrial to C-Commercial, already in the City, located on the northeast corner of Atlantic and Congress Avenues, is before Council for consideration on First Reading. If passed, a Public Hearing will be held on June 25th. The City Manager presented Ordinance No. 50-85: 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 LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROM I-INDUSTRIAL TO C-COMMERCIAL. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF ATLANTIC AVENUE AND CONGRESS AVENUE; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. %~eatherspoon moved for the adoption of Ordinance No. 50-85 on First Reading and to include as the reasons for the rezoning those reasons set forth in the March 14th and April 9th memorandums from the Planning Department, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - No; Mr. Weatherspoon- No; Vice-Mayor Horenburger - No. Said motion FAILED with a 3 to 0 vote. 43. Ordinance No. 51-85 - Chan~in~ the City's Land Use Plan ~-~i~nation (City Initiated). Ordinance No. 51-85, relative to changing the City's Land Use Plan designation in the Comprehensive Plan for a 0.51-acre unincorporated parcel from I-Industrial to C-Commercial, located on the northeast corner of Atlantic and Congress Avenues, is before Council for consideration on First Reading. If passed, a Public Hearing will be held on June 25th. The City Manager presented Ordinance No. 51-85: 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 LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROM I-INDUSTRIAL TO C-COMMERCIAL. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF ATLANTIC AVENUE AND CONGRESS AVENUE; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 51-85 on First Reading and to include as the reasons for the rezoning those reasons set forth in the March 14th and April 9th memorandums from the Planning Department, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Jackel - No; Mr. Weatherspoon - No; Vice-Mayor Horenburger - No. Said motion FAILED with a 3 to 0 vote. - 18 - 05/14/85 44. Final Plat Approval - E.A.C. Plat. Council is to consider a request for final plat approval for E.A.C. Plat, a proposed automotive care center, located on the north side of Atlantic Avenue, between Congress Avenue and the Seaboard Air Line Railroad. In addition, the applicant is requesting that the standard requirement for the construc- tion of sidewalks be waived. The Planning & Zoning Board recommended approval of the plat by a vote of 7-0, but that the sidewalk waiver request be denied for the reasons set forth in the Planning Department's memorandum of April 29th as follows: a) The possibility of extending an existing sidewalk along an arterial road into a subdivision. b) The location of uses within walking distances which might attract employee trips (of shopping and per- sonal service trips by employee). Mr. Jackel moved to approve the final plat and to deny the request for sidewalk waiver on the basis of the reasons set forth in the April 29th memorandum, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. Mayor Campbell returned to the meeting at this time. Mayor Campbell declared the meeting adjourned at 9:20 P.M. ~ 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 May 14, 1985 which minutes were formally approved and adopted by the City Council one_ ~.. fF~. 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. - 19 - 05/14/85