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06-11-85 JUNE 11, 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, June 11, 1985. 1. Roll call showed: Present - Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - 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 Gerald Dingman, C~son United Methodist 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 the Regular Meeting of May 28, 1985, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; ~r. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mayor Campbell noted that there was a set of minutes which delineated the boundaries of the Community Development area; these boundaries should not have included the Delray Mall and he asked that the record show that it was not Council's intention to in- clude it. (Note: At the May 14th regular meeting Council adopted Reso- lution No. 32-85 which modified the area as suggested by Mayor Campbell which would delete portions west of 1-95 and south of 10th Street). At this point the roll was called to the motion. 5.a.1. Mr. Tom Haenlon, 613 N.E. 4th Street, spoke about the Monday 'Paper's May 27th article regarding Mayor Campbell's ficus fury. It was the contention of the Mayor that the trimming of these trees in Knowles Park was excessive and resulted from carelessness. Mr. Haenlon dis- agreed noting that Parks Department staff felt the trimming was neces- sary; he discussed some of the reasons why. He pointed out other prob- lems in that park; the restroom facilities have no lights or doors and the drinking fountain and soda machine are in need of maintenance and repair. Mr. Haenlon then recited a poem on the subject of tree trim- ming. He noted that Mr. Dezearn, Parks Supervisor, was concerned be- cause his crew felt they were unjustifiably criticized. Mr. Haenlon feels that Mayor Campbell should apologize to Mr. Dezearn and his crew and allow the completion of the tree trimming at Knowles Park. Mayor Campbell advised that the National Arbor Foundation has standards on trimming trees. Council is constantly requesting beautification efforts and park upkeep in the City. There are trees in front of City Hall and all over town which were damaged by the frost and need to be severely cut back. He keeps hearing that there is not enough money, personnel or time. He was then shocked to see a crew working on a tree in Knowles Park which had no frost damage at all. He questions the priorities and intends to address this at budget time. 5.a.2. Mr. Theodis Brown, 616 Lake Ida Road, discussed the small park/playground located on the corner of S.W. 8th Avenue and S.W. 4th Street. It needs a fence around it to protect the children, the basket- ball court has holes in it and the swings are falling apart. This park is a landmark for the people living in the area because they grew up around it. Mr. Weatherspoon stated he mentioned this park to Mr. Dan Winters, Parks & Recreation Director, several months ago who said he would address it. He will remind Mr. Winters of it once again. 5.a.3. Mr. Brown stated that he will be contacting HUD because they need more low income apartments for Delray Beach. He found out that many homeless people are staying in abandoned houses. 5.a.4. Mr. Philip Bacon, 3648 S.W. 24th Lane, advised that he and his father are partners in a project to construct a self-service car wash at the northeast corner of N.E. 6th Avenue and 5th Street. Based upon City staff advising them that the area is zoned for that, they entered into a purchase contract with the owner of the property. Five days after they submitted their plans to the Building Department, their builder was notified that no further building permits would be issued by action of Council and that they must obtain a conditional use which is a ninety day process that cannot begin before July 1st. This could not possibly be done in time to satisfy their contract. He objects to the "effective immediately" clause on Council's action and feels it is unfair because their project had already begun and they had previously checked with the City before Council's action took place. Mayor Campbell stated he does not believe that an immediate moratorium was Council's intent. They want to give fair and just warn- ing to people who might be affected by this type of action. People like Mr. Bacon, who are relying upon representations made by City staff, should not be penalized by this. Mr. Jackel concurred. Mrs. Horen- burger sympathized with Mr. Bacon and felt they should look into another cutoff date. Mayor Campbell suggested that anyone inquiring about the zoning in this area should be told that Council intends to change it and that they might not get a license; further, that this should not affect anyone who is already in the process. The City Attorney advised that they were contacted by Mr. Bacon's attorney yesterday and they are in the process of drafting something for Council's review. Mr. Jackel moved to modify the previous motion imposing the moratorium on the issuance of building permits or CO's for those uses pending the zoning ordinance review to apply that moratorium on permits and occupational licenses to all those properties who had, for new construction or renovations, not made formal application which had been received by the City as of the date of the last motion (May 28, 1985) and as for those businesses which would not be requiring permits but only changing their uses and making application for occupational li- censes, the same would be true, 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.3. Mrs. Alice Finst, 707 Place Tavant, requested that Council make available four or five extra copies of this year's budget so that interested citizens can have an opportunity to borrow one to review overnight. Upon question by Mrs. Finst, the City Manager advised that the budget will be available in late July. 5.b.1. Mr. Weatherspoon asked the status on the staff report re- garding parking on 5th Avenue. The City Manager stated that off-street and on-street parking are the second and third phases of the original design. Nothing has been done further on that. It is his intention that the City can contract with Barker, Osha, Anderson to at least finish up the second phase because right now they do not have any park- ing at all. Until they get the studies done, they have no idea where the parking should go. 5.b.2. With regard to the change they made in the R-iA zoning for trucks, Mrs. Horenburger asked Council to consider asking the Code Enforcement Board to overturn their previous order and direct the City to satisfy Mr. Melvin Wring's lien against his house without any payment on Mr. Wring's part. The City Attorney advised that the lien is for about $13,000. Mrs. Horenburger pointed out that with the change in zoning, Mr. Wring is no longer in violation of the Code. Mayor Campbell suggested there be a nominal fine imposed on Mr. Wring. - 2 - 6/11/85 Mrs. Horenburger moved to instruct the City Attorney's office to petition the Code Enforcement Board to indicate compliance with their order and that the fines running on the property would cease and the City would record a satisfaction of lien for the amount of $25.00, including costs of recording, 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. ~b~- Mrs. Horenburger advised that she received a letter from Mrs. Janice Parrish regarding her attempt to annex into the City. Mrs. Parrish paid to have her deed recorded and was then asked to pay for a record search. Mrs. Horenburger suggested that the City do that search work through the City Attorney's Office and Lawyers Title; it would cost the City $40.00 per search and would be encouragement for people to annex in. Council discussion was had at this time. The City Attorney clarified that it costs $40.00 per legal description. It was Council's consensus that this should only apply to one legal description and only for residential single family lots. Mrs. Horenburger moved that the City undertake the record search on annexation of single family lots through Lawyers Title for a $40 fee in conjunction with an annexation petition, 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.b.4. Mrs. Horenburger discussed the proposed beach committee. The Chamber of Commerce has recommended the appointment of Bill Koch, III. There are four other positions on that commitee and Council had discussed having one from the north beach, one from the south beach, one from west of the Intracoastal and one from west of 1-95. She would like to exempt herself from naming any of those and would ask that the other members of Council come back with recommendations at next week's work- shop. 5.b.5. Mrs. Horenburger stated, with regard to the Beautification Trust Fund Committee, Mrs. Rachel Speicher, Beautification Committee, Sharon Cook, Garden Club, and Andrea Goodman, Historical Society, have agreed to serve. The Chamber of Commerce advised that they would like to nominate Mr. John McKenna, a local CPA, to be the fourth member. The fifth member will be selected by the Beach Committee. 5.b.6. To dispute rumors about minority discrimination at the Delray Beach Municipal Golf Course, Mr. Jackel read into the record a letter from the Fairview Golf Club, a black organization, commending the Delray Beach Municipal Golf Course facilities and staff. 5.b.7. Mr. Jackel stated that two weeks ago when Council approved the Delint Center project, a statement was made that the unemployment rate in Delray Beach is 9.7%, the idea being that the Delint project would help alleviate the unemployment problem. He has since found out that 9.7% was the figure for 1982. The actual 1985 unemployment rate is 7.5%. When they handle statistics, they need to be careful that they are accurate and put in proper perspective. 5.b.8. Mr. Jackel asked for an update on the issue of residency requirements for board and committee members. 5.b.9. With regard to the County pocket at 8th Street and the Intracoastal, Mayor Campbell stated that there have been rumors that a Banana Boat may be going in there. The residents in that area are opposed to that type of activity. He suggests they try to help the citizens by asking the County Commission to rezone that little pocket from General Commercial, which would allow a lounge/bar, to Specialized Commercial which would preclude such a use. It was the consensus of Council to have Mayor Campbell write to Mr. Ken Adams requesting that the County Commission look into initi- ating such a rezoning on that one acre parcel. - 3 - 06/11/85 5.b.10. Mayor Campbell reported that Council needs to designate a member to a Committee in which the Municipal League will be having consideration of weighted voting. Mrs. Horenburger moved to designate Mayor Campbell, 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. 5.c.1. The City Attorney advised that a piece of property in Rain- berry Bay pulled a permit and had a screen enclosure erected. The property was then cited for violating setbacks. The permit should not have been issued and he advised the owner that the matter would either have to go before the Board of Adjustment for a Variance or the screen enclosure would have to be moved to conform with setback requirements. They have agreed to go to the Board of Adjustment. He is requesting that Council waive the filing fee for this particular instance. Mrs. Horenburger moved to waive the filing fee in this particular instance, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.d.1. With regard to a question Mr. Weatherspoon asked last week about a tree at N.W. 5th Avenue being down, the City Manager stated that staff has checked into it and it will be corrected. Neither the City nor the County has accepted that street yet; however, they still want to know about any problems that may occur. 5.d.2. The City Manager advised that Council has been provided with Russell & Axon's water study Phase I for their review. They met with Post Buckley and are aware that Council is waiting for them to make some recommendations relative to the area west of Military Trail. 5.d.3. The City Manager advised that Council has been provided with copies of the USGA report which was completed last week. A representa- tive from USGA toured the golf course and made recommendations which Council will find in the report. 5.d.4. The City Manager reported that they have been notified that Barwick Park will not receive funding from the State Department of Natural Resources. 5.d.5. The City Manager reported that he has received a request from Knight Enterprises to land a helicopter on land adjacent to Federal Highway at the Old Harbor Trading Center on Thursday between 12:00 Noon and 1:00 P.M. The City Attorney advised that there is nothing in the Code which prohibits this and he does not think the City would incur any liability if they took no action, providing Mr. Knight does it on his own property. If they gave him permission to do it on a City street, they might incur liability. It was the consensus of Council for the City Manager to tell Mr. Knight that Council is not predisposed to have him land on their streets. 6. Mr. Jackel moved for agenda approval, seconded by Mrs. H0renburger. 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. PUBLIC HEARING 7. Ordinance No.,. 46-85_-.Amending Code - Community Redevelop~D~ 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 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. - 4 - 6/11/85 Community Redevelgp_m_en~t~ _Ag_e_n_cy~. Resolution No. 48-85, designating the Delray Beach City Council as the Community Redevelopment Agency, 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. With regard to Items 7 and 8, Ordinance No. 46-85 and Reso- lution No. 48-85, Mayor Campbell stated that they have not finally determined the composition, the number nor the relationship between Council and laymen as to the Agency. Since they are not ready to ap- point members tonight, he questions whether or not they should defer these items. The City Attorney recommended deferring both items. Mayor Campbell suggested putting these items on a Special Meeting next Tuesday to precede the workshop. Mrs. Horenburger moved to continue the Public Hearings on Ordinance No. 46-85 and Resolution 48-85 to Tuesday, June 18, 1985, at 7:00 P.M., 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. 9. Ordinance No. 48-85 Lukowski Annexation. Ordinance No. %~-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 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. 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 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. (Copy of Ordinance No. 48-85 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. Weatherspoon moved for the adoption of Ordinance No. 48-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. _10_. Ordinance No. 55-85 - Zoni_ng Ordinance Am_e_ndm_e_n_t- - ~L_ot_ Q_f___ Record. Ordinance No. 55-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to lot of record, 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 City Manager presented Ordinance No. 55-85: 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 30-1, DEFINITIONS ", SUBSECTION 53, "LOT OF RECORD" TO PROVIDE THAT WHENEVER A PORTION OF AN , EXISTING LOT IS REPLATTED AND CONTAINED IN A NEW PLAT THE - 5 - 06/11/85 PORTION OF THE LOT IN THE ORIGINAL PLAT %~ICH HAS NOT BEEN REPLATTED SHALL NOT BE CONSIDERED A LOT OF RECORD; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 55-85 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. Weatherspoon moved for the adoption of Ordinance No. 55-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA 11. 1985 Resu~aging_Prgj~g~._- ~ba~_~ council is to consider award of a contract for 1985 Resurfacing Project, Phase I to the low bidder, Pavex Corporation, in the amount of $173,935 with funds to come from the 1984/85 budget. Approval is recommended. 12. Coarse Pape~_aod_~an Liners. Council is to consider award o~--contracts~to the low bidders, Dade Paper, St. Lucie and Mutual Whole- sale for coarse paper and can liners in the estimated amount of $12,287.83 to be used by all City departments during 1985/86. Funds are to come from the various departmental accounts. Approval is recommended. ~gp~_ptance of SanitarS~~rs a~ ~ nd water Utilities. Resolu- tion No. 51-85, accepting sanitary sewer and water utilities as opera- tional as recorded in the plat of Pelican Harbor North, Phase II, is before Council for consideration. The caption of Resolution No. 51-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PELICAN HARBOR NORTH, PHASE II, RECORDED IN PLAT BOOK 46, PAGE 121 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 51-85 is on file in the official Resolution Book) A~gp~ance of. Stre~ts_~an~_dpu_~b!ic_S~9_rm_~.D~ains=~_ Resolution No. 52-85, accepting all the streets and public storm drains as opera- tional in the plat of Pelican Harbor North, is before Council for con- sideration. The caption of Resolution No. 52-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND PUBLIC STORM DRAINS INSTALLED IN PELICAN HARBOR NORTH, AS RE- CORDED IN PLAT BOOK 46, PAGE 119 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL. (Copy of Resolution No. 52-85 is on file in the official Resolution Book) ~5.. ~9~a~ioD_R~qu~St - NQrthw~s~QO~D~r__of_L~ntoD BgU!e~ard...~ and_S~W~!0~b Avenue (Garf~d)_~. Resolution No. 53-85, requesting per- mission from the Palm Beach County Board of Commissioners to annex a 0.97-acre parcel, subject to POI (Professional, Office and Institu- tional) District, is before Council for consideration. - 6 - 06/11/85 The caption of Resolution No. 53-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RH-RESIDEN- TIAL HIGH DENSITY, TO THE CITY'S ZONING CLASSIFICATION POI (PROFESSIONAL, OFFICE AND INSTITUTIONAL) DISTRICT. (Copy of Resolution No. 53-85 is on file in the official Resolution Book) Annexation Request - Northeast Corner of Lake Avenue South and North Feder~_H~ghwaY_(Brandt). Resolution No. 54-85, requesting permission from the Palm Beach County Board of Commissioners to annex a 0.422-acre parcel, subject to GC (General Commercial) District, is before Council for consideration. The caption of Resolution No. 54-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CG-GENERAL COMMERCIAL, TO THE CITY'S ZONING CLASSIFICATION GC (GENERAL COMMERCIAL) DISTRICT. (Copy of Resolution No. 54-85 is on file in the official Resolution Book) Mr. Jackel moved for the adoption of the Consent Agenda, 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 ~7~ Agg~ptance of Easement Deed - L.I.R. Develop~ Council is to consider acceptance of a utility easement deed, dated January 31, 1985, for utilities for Laver's International Plaza, Plats 1 and 2. Mrs. Horenburger moved to accept the easement, 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. 18. & 19. With regard to Items 18 and 19, Mayor Campbell advised that the applicant has asked to have those withdrawn from consideration to- night and would like to make a statement. Mr. Michael Botos, representing the petitioner, discussed the depth of the property and advised that they have acquired contracts to purchase lots behind the subject property. The overall effect would be to increase the depth of the property from 100 feet to 250 feet and to square it out. They have submitted to Planning & Zoning an addi- tional application for annexation and rezoning for the four new lots and would like to be able to have Council consider all of the property at once as an overall parcel. For this reason they recommend that Council consider this property at such time as the other property has received P&Z approval and is ready to come before Council. Upon question by Council, Mr. Botos advised that with the additional depth they can build a high quality office building and can limit it to two stories. Mayor Campbell stated that they can discuss this further when it comes back before them. - 7 - 6/11/85 Ordinance No. 58-85 - Brandt Annexation. Ordinance No. 58-85, relative to annexing a 0.422-acre parcel· subject to GC (General Commercial) District, located at the northeast corner of Lake Avenue South and North Federal Highway· is before Council for consideration on First Reading. If passed· a Public Hearing will be held on July 9th. The City Manager presented Ordinance No. 58-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH· FLORIDA· ANNEXING TO THE CITY OF DELRAY BEACH LOTS 36, 37 AND 38, BLOCK D, LA HACIENDA, LESS ROAD RIGHT-OF- WAY, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 15, PAGE 6, 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 NORTH- EAST CORNER OF LAKE AVENUE SOUTH AND NORTH FEDERAL HIGH- WAY; 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. Weatherspoon moved for the adoption of Ordinance No. 58-85 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. .2~1! Ordinance No. 59-85 - Amend_i_ng Code - Nuisanc~e~sl 9_n_ p~rQpe~r~ty: Ordinance No. 59-85· amending Chapter 13 "Health and Sanitation" of the Code of Ordinances reducing the time from 14 days to 10 days for owner(s) of land to remove the condition causing the nuisance on the land· 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. 59-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH· FLORIDA· AMENDING CHAPTER 13, "HEALTH AND SANITA- TION'' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY · BEACH, FLORIDA, BY AMENDING ARTICLE II, "NUISANCES ON PROPERTY", SECTION 13-16, "DESIGNATION OF ENFORCEMENT OFFICER; NOTICE OF VIOLATION REQUIRED; CONTENT OF SUCH NOTICE"· SUBSECTION (b) (2), TO PROVIDE THAT OWNER(S) OF THE LAND SHALL HAVE TEN DAYS TO REMOVE THE CONDITION CAUSING THE NUISANCE ON THE LAND; AND BY AMENDING SECTION 13-17· "FORM OF NOTICE"· TO ALSO PROVIDE THAT OWNER(S) OF THE LAND SHALL HAVE TEN DAYS TO REMOVE THE CONDITION CAUSING THE NUISANCE ON THE LAND; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 59-85 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. 22; Ordinance No. 60-85 - Am~end_ing Code - Fire Code Exemptions. Ordinance No. 60-85· amending Chapter 11 "Fire Protection and Preven- tion'' of the Code of Ordinances to provide exemptions from retroactive provisions of the Fire Code other than the State minimum codes, is before Council for consideration on First Reading. If passed· a Public Hearing w%ll be held on June 25th. The City Manager presented Ordinance No. 60-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH· FLORIDA· AMENDING CHAPTER 11, "FIRE PROTECTION AND PREVENTION" OF THE CODE OF ORDINANCES OF THE CITY OF · DELRAY BEACH· FLORIDA· BY REPEALING SECTION 11-21· "MODI- 6/11/85 -- 8 FICATIONS IN CODE", AND ADOPTING A NEW SECTION 11-21, "CODE EXEMPTIONS" TO PROVIDE EXEMPTIONS TO THE FIRE CODE OTHER THAN STATE MINIMUM CODES UPON THE APPLICATION OF THE OWNER OR AGENT OF THE OWNER; PROVIDING THE CIRCUM- STANCES UNDER %~ICH SUCH EXEMPTIONS CAN BE GRANTED; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 60-85, seconded by Mr. Jackel. Before roll call, the City Attorney advised that a phrase was left out of Section 11-21(A)(2). The sentence starting on line three of that paragraph should read "That the requirement in question would necessitate the installation of a sprinkler system or a structural alteration to..." Mr. Weatherspoon amended his motion to accept that change to the content of the ordinance, 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. .2.3; ?_rdi_na_n_c_e No; 61-_85 - A_m~_ndi_ng Code - Fire Hydrants: Ordi- nance No. 61-85, amending Chapter 29, "Water and Sewers" of the Code of Ordinances eliminating hydrant meters and upgrading the rates for fire hydrant use, 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. 61-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA , BY AMENDING ARTICLE II, "WATER SERVICE", SECTION 29-17, "USE OF WATER FROM HYDRANTS", TO PROVIDE THAT A UTILITY BILLING DIVISION EMPLOYEE UNDER THE DIRECTION OF THE UTILITY BILLING/CUSTOMER SERVICE SUPERVISOR MAY CONSENT TO THE USE OF FIRE HYDRANTS, THAT A MINIMUM DEPOSIT OF TWO HUNDRED DOLLARS SHALL BE REQUIRED FOR THE USE OF SUCH FIRE HYDRANT, THAT A MINIMUM DAILY CHARGE OF EIGHT DOLLARS FOR INSIDE CITY USE AND TEN DOLLARS FOR OUTSIDE CITY USE SHALL BE REQUIRED, AND THAT SHOULD THE AMOUNT OF WATER TO BE USED BE PREDETERMINED TO EXCEED THE MINIMUM DAILY CHARGE, THE UTILITY BILLING/CUSTOMER SER- VICE SUPERVISOR MAY REQUIRE THE USER TO APPLY FOR A WATER METER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 61-85 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. 2_4~. Ordinanc_e N9:_ _62_-85 - ~A~mendi_ng Code - _ _H _a _n d .i _c a p p _e _d- _P_ar_k~i_n.g: Ordinance No. 62-85, amending Chapter 26 "Traffic" of the Code of Ordi- nances establishing that it shall be a violation for any person to park in a handicapped parking space without a valid permit and establishing certain penalties, is before Council for consideration on First Reading. If passed, a Public Hearing will be held on June 25th. The City Attorney advised that Council has been provided with an amended version of Ordinance No. 62-85.The difference is that the amended ordinance: (1) increases the parking meter fines City-wide from $5.00 to $10.00; and, (2) includes the stepped fines for parking in handicapped spaces per Council's direction at workshop. 6/11/85 - 9 - The City Manager presented Ordinance No. 62-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC" OF THE , CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "STOPPING, STANDING AND PARKING" , DIVISION 3.5 , "PARKING METER ZONES", SECTION 26 -29, "VIOLATIONS", BY ADDING A NEW SUBPARAGRAPH (f), TO ESTABLISH THAT IT SHALL BE UNLAWFUL AND A VIOLATION FOR ANY PERSON TO PARK A VEHICLE IN A PARKING SPACE DESIGNATED FOR HANDICAPPED PARKING WITHOUT DISPLAYING A VALID PERMIT FOR HANDICAPPED PARKING; BY AMENDING SECTION 26-71, "PENALTIES", TO PROVIDE A FIVE DOLLAR PENALTY FOR PERSONS WHO PARK THEIR VEHICLE ACROSS ANY LINE OR MARKING OF A PARKING METER SPACE OR IN SUCH POSITION THAT THE VEHICLE SHALL NOT BE ENTIRELY WITHIN THE DESIGNATED AREA, TO PROVIDE A TEN DOLLAR PENALTY FOR CERTAIN PARKING VIOLATIONS, TO PROVIDE A PENALTY OF NOT LESS THAN TWO HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS FOR PERSONS WHO DEPOSIT ANY SLUGS, DEVICE OR METAL SUBSTANCE, OR OTHER SUBSTITUTE FOR LAWFUL COINS IN ANY PARKING METER, AND ADDING A NEW SUBSECTION (C) TO PROVIDE A FIFTY DOLLAR FINE FOR THE FIRST VIOLA- TION, A SEVENTY-FIVE DOLLAR FINE FOR THE SECOND VIOLA- TION, AND A ONE HUNDRED DOLLAR FINE OR THE MAXIMUM AMOUNT ALLOWED BY LAW FOR THE THIRD OR MORE VIOLATION FOR ANY PERSON PARKING A VEHICLE IN A PARKING SPACE DESIGNATED FOR HANDICAPPED PARKING; PROVIDING A SA VING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 62-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ordinan_c_e_ N9~._ ~6~3_-~8~5_ - ~A_m_en~ding Code - Board o_f_ CQ_n~s~t~r~ugt_io.n. App~e~al~s__J~u~r~i_s~d~iction. Ordinance No. 63-85, amending Chapter 9 "Build- ings and Construction'' of the Code of Ordinances to conform the sections of the unsafe building ordinance which permits appeals to the Board of Construction Appeals with the provisions of Article XVII which set out the jurisdiction of the Board, 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. 63-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE XVII , "BOARD OF CONSTRUCTION AP- PEALS" , BY AMENDING SECTION 9-568, "RIGHTS , POWERS , PRIVILEGES AND DUTIES", SUBSECTION (a) , "APPEALS", TO PROVIDE THAT APPEALS OF ARTICLE XIII, "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS" SHALL BE MADE TO THE BOARD , OF CONSTRUCTION APPEALS; PROVIDING THAT A NOTICE OF AN APPEAL UNDER ARTICLE XIII NEED ONLY BE FILED WITH THE CHIEF BUILDING OFFICIAL; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 63-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 6/11/85 - 10 - Mayor Campbell declared the meeting adjourned at 8:20 P.M. ~ City Cl~rk 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 June 11, 1985 which minutes were for- mally approved and adopted by the City Council on City Cl~rk 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. 6/11/85 - 11 -