Loading...
06-25-85 JUNE 25, 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 7:00 P.M., Tuesday, June 25, 1985. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Acting City Manager Robert A. Barcinski and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Dr. Wallace Mast, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. ~rs. Horenburger moved for approval of the minutes of the Regular Meeting of June 11, 1985 and the Special Meeting of June 4, 1985, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.a.1. Mr. Robert French, representing the Coalition for Good Government, read a statement relative to the Comprehensive Land Use Plan. They are requesting that Council immediately declare a moratorium on any changes to the Comprehensive Plan and, within legal limits, halt further c~mercial development which would accelerate projected problems until adequate time has been given to intelligent and substantive studies. Council should also look at the recommendations submitted by the Comprehensive Land Use Advisory Committee and listen to the opinions of the citizens. The Coalition would like a response to this request at the next regular Council meeting; at that time, if Council feels their recommendations lack sufficient merit the Coalition stands ready to bring the request to the public by means of a referendum. Mayor Campbell stated he hopes that Mr. French could pass his remarks on to the County Commission. At a meeting held between the City Council, County Commission and the Planning Department, this was a matter of great concern to everyone and the County committed themselves to working with the various staffs on coming up with a preliminary report and answer by June 17th. That has now been delayed and held in abeyance which causes him some concern. Mayor Campbell further stated that the Consultant, who was hired to conduct a study to get public input, will also be assisting the Comprehensive Land Use Advisory Committee in their general revision of the Land Use Plan. Mr. Bird questioned if it would be appropriate to direct Mr. French to make his presentation to the Advisory Committee. They could then review the Coalition's request and make their recommendations to Council at next week's workshop meeting. 5.a.2. Mrs. Helen Coopersmith, representing the Progressive Res- idents of Delray (PROD), stated they believe growth and progress is important, but only in moderation. She questioned what is the use of appointing an Advisory Committee whose work is not completed and yet Council approves zoning changes. PROD feel they are not being unrea- sonable in requesting a moratorium on zoning changes and building per- mits until the Land Use Committee completes its assignment and comes through with its findings. Mayor Campbell advised, with regard to the Delint Center, that there was no formal opposition from the County Commission, nor was there any opposition from the Treasure Coast Regional Planning Council. 5.a.3. Mr. James Bowen, 116 Marine Way, stated he feels Council did not pay enough attention to the traffic problem on Linton Boulevard when they approved the Delint Center. He also feels a moratorium is needed to stop any more rezoning. 5.a.4. Mrs. Phyllis Plume, Chairman of the Citizens Land Use Advi- sory Committee, advised that they will be meeting for eight consecutive weeks starting tomorrow at 1:00 P.M., in the Planning Conference Room. She stated the public is welcome to come to these meetings and make comments. 5.a.5. Mr. Roy Simon, 201 N.W. llth Street, stated at the meeting held on May 28th, Council approved a moratorium on the SC zoning dis- trict on Federal Highway, which would make all automobile service and repair centers conditional use as opposed to permitted use. He ques- tioned what the intent of Council was at that time with regard to the effective date. Mr. Bird clarified his intent was not for it to apply to properties which were then in use or zoned for dealerships, but to prohibit additional uses which would not go through the Planning and Zoning site plan review process. It was also to be effective as of May 28th. Mr. Simon stated his problem is that he has a client who wishes to enlarge his existing dealership facility on existing land. However, the Building Department is not issuing permits to anyone within the SC district. Mr. Bird moved to clarify his motion made on May 28th that if a parcel is under 5,000 square feet in size a moratorium will apply, if it is over 5,000 square feet it would go through site plan approval anyway and would be allowed to go through the process. If it is an improvement to an overall site, which is already designated for an auto- motive use, they would be allowed to improve it, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.a.6. Mr. Richard Corriston, 517 Sandpiper Circle, representing the Country Manors Association, stated they are being sued by Denn- tronics because they would not allow them to enter into their sub- division with cable television lines. He stated the Association needs clarification of the City's franchise with the company with regard to their correct name, their legal rights to come into a subdivision if no one has requested service, and the date the franchise was granted. Mayor Campbell advised that if Mr. Corriston contacts the City Attorney's Office tomorrow he will be able to get the information requested. 5.a.7. Mr. Dan Burns, Dan Burns Oldsmobile, questioned if his property will be affected by the SC zoning change as he wishes to make some improvements to his property. Mr. Bird stated the intent of his motion would allow Mr. Burns to request a permit; however, depending on the improvement he may need a site plan modification. Mr. Burns stated he is trying to beautify the rear of his property and questioned if Council would object to him placing grass and plants on the right-of-way. Council concurred they would have no prob- lem with that. 5.a.8. Mr. Tom Haenlon, 613 N.E. 4th Street, reported on the con- dition of the beach and stated he feels nothing has been accomplished within the past year to correct some of the problems. - 2 - 6/25/85 5.b.1. Mrs. Horenburger requested a consensus of Council to discuss the subject of impact fees for fire emergency services and schools at their next workshop meeting. It was the consensus of Council to place this on the next workshop agenda. 5.b.2. Mrs. Horenburger stated Mr. Irwin Ives, a member of the Beautification Committee, has talked to staff about the possibility of placing several small plastic signs on the beach with regard to the planting of palm trees. They have rethought this issue and are sug- gesting that a small bronze plaque which could read "In appreciation of the Beautification Committee Coconut Palm Replanting Project" and the year it was started, be placed on the large coral rock on the beach, which already has a commemorative plaque on it. She requested staff look into this suggestion. 5.b.3. Mrs. Horenburger requested a consensus of Council to discuss North Federal Highway at the Flea Market area at the next workshop meeting and to explore the possibility of a Task Force to study the traffic problems and solutions. Mayor Campbell suggested this could be an item for the Land Use Committee to study as it is well within the perameters of the Land Use Plan. 5.b.4. Mr. Jackel stated he read an article in last week's News/ Sun-Sentinel regarding low cost housing in Delray. For four years they have done nothing about low cost housing in the City and he feels they should take up the subject once more. The City owns approximately 15 acres of land in the south end of the City which could be used. He suggested Council ask the Acting City Manager to contact the Delray Beach Housing Authority and ask them to draw up a plan for the 15 acres and present it through the proper channels. Mayor Campbell stated he agrees that they do need to ask the Housing Authority to investigate this matter. Mr. Bird stated it is his understanding that the City, basically, holds the responsibility for the mortgage payments which are due on places like Carver Estates and are being met through Section 8 money. Before he is prepared to vote "yes" on this suggestion he would like to know what kind of overhead they are looking at as a community and the potential liability should some portion or all of the Section 8 money dry up. Secondly, it is his understanding that additional Section 8 money is not currently available, nor does there appear to be any likelihood for it. This could change what can be built as the people who need to be housed would have to be able to pay for it. Mr. Weatherspoon stated to him low cost housing means sub- sidized housing. He feels there is a need for that and moderate hous- ing. He feels that having the Acting City Manager formally ask the Housing Authority to come up with a plan will speed up the process. 5.b.5. Mayor Campbell stated an element which has been discussed by Council many times has been code enforcement and how to enforce the code where there is overcrowded housing situations; the people who suffer most from this are the people being taken advantage of by unscrupulous landlords. He was sent a clipping from a newspaper in Gainesville and one of the ways they deal with this same situation is that whenever there is more than one non-related family on the premises they require, in advance, a landlord permit. This has allowed them, through code enforcement, to shut down places if there is no permit; it also gives the City an opportunity, before the permit is issued, to make sure there is sufficient sanitary facilities, adequate rooms, no fire hazards, etc. He would like to turn this information over to the City Attorney for his consideration. 5.b.6. Mayor Campbell reported on Mr. Pennington's condition and advised he is doing very well and should be back to work very soon. - 3 - 6/25/85 5.b.7. Mayor Campbell stated that for some time they have been looking at the possibility of getting the Delray Beach Elementary School site for some civic or other good use. The School Board has been under a mandate to close that school and is looking for a new site west of 1-95; they would like to open a new school in the fall of 1986 and begin the planning for their budget for 85-86. He has been in contact with a developer about getting a donation of 15 acres of his property, which is zoned R-1AA, for a school site and in exchange the City would look into rezoning the balance of his property. This would cause no net increase in units; however, it would mean that instead of building single family homes on the balance of the property he would build a mixed use such as townhomes or zero lot line homes. Also, since the Delray Elementary would be considered a donation for, ultimately, a recreational purpose they could waive the recreational impact fee on the units to be built on the developer's property. In his opinion, this makes a very favorable offer to a developer to entice him to make the donation of the 15 acres. Council cannot contract zone nor bind themselves, however, it may be a good idea to give the developer some kind of indication as to whether or not they would like to proceed the negotiations on this point. Mr. Jackel stated, without seeing the whole package, he cannot commit himself one way or the other. He suggested they place this item on the next workshop meeting for further discussion. Mrs. Horenburger stated she feels this is an excellent idea and would be very encouraging in this matter. Mr. Weatherspoon con- curred with Mrs. Horenburger. It was the consensus of Council to have this placed on the workshop agenda. 5.c.1. The City Attorney advised Council has been furnished a copy of an Interlocal Agreement for the 2¢ Gas Tax. The Statutes provide that a specific formula goes into place on July 1st if the County Com- mission has not come to an agreement with the municipalities. He ex- plained how the alternative formula before Council was based and stated this formula will probably mean more money for the City. Mr. Jackel moved to approve the proposed Interlocal Agree- ment for the addition of 2¢ Gas Tax and to authorize the City Manager to execute same, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.c.2. The City Attorney stated the Delray Shores Professional Plaza has a current SAD zoning. Mr. McCullough, owner of the property, has entered into agreements, with a closing date of July 1st, to sell two of his units to a medical and a dental laboratory; this was under the theory that they were medical offices and permitted in the SAD district. After review by the Planning Department and his office, it has been determined that they would not fall within that category since laboratories are listed as separate uses in other sections of the Code. A request has been made that Council permit the closings to go forward and the uses be allowed, under certain conditions. The developer has agreed to apply to the City to amend the SAD to include medical and dental laboratories in the conditional uses approved on the basis that they are a non-impacting addition. He would also agree to apply for a rezoning from SAD to POI. If neither of these proposals was adopted finally by Council, then the developer would agree to repurchase the two units and the users would have to move out. Mrs. Horenburger stated she believes the POI zoning does not permit dental laboratories. She views dental labs as small manufac- turing plants which need special equipment that is noisy; this Plaza is close to residences which would be inappropriate. - 4 - 6/25/85 Mr. Robert McCullou~h, owner of the Delray Beach Profes- sional Plaza, advised he has observed the operation of the dental lab and the only thing required that would be different from a medical office is a small vent for the heat involved with the kiln; there is no heavy equipment or unusual noise involved. Upon question by Mr. Bird, Mr. McCullough advised the closest residence is approximately 500 feet from where this lab would be. The City Attorney advised that all Mr. McCullough needs is a modification to the SAD zoning; however, the City would like to convert to a POI in order to eliminate another SAD. Mr. Bird stated he would agree with the City Attorney that to eliminate one more SAD would be preferable to changing the uses permitted; however, that is assuming that labs are permitted in the POI. The City Attorney clarified that Mr. McCullough is request- ing that the Council permit him, through an agreement, to draw temporary certificates of occupancy and occupational licenses and allow those uses to open up. If his request for the change to the SAD does not get ap- proved by Council, then he would agree to purchase back the units and he would figure out some mechanism to assure that the uses did go away. Mayor Campbell stated he would not be in favor of issuing any temporary c.o.'s and does not feel this is the best way to handle the situation. Mr. Robert Cohn, Planning Director, advised he has had a chance to review the zoning code and medical and dental laboratories are not permitted within the POI zoning district. Mr. Jackel moved to grant a temporary certificate of oc- cupancy for the dental and medical laboratories and authorize entering into an agreement between Delray Shores Professional Plaza, Inc., and the City, under the terms and conditions as outlined, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Mr. Bird suggested that Mr. Cohn review the prohibition as it currently exists under POI and see if, perhaps, a square footage limitation would make small laboratories an acceptable use. 5.d.1. The Acting City Manager requested that Item 7 be removed from the Agenda. This will be rescheduled for the meeting on July 9th. 5.d.2. The Acting City Manager advised Council has been furnished a memorandum from Mr. Johnson to Mr. Pennington. Last week Council awarded a bid for a cart storage facility at the Municipal Golf Course; however, the information was inaccurate. He is requesting that Council rescind the award to Walker Gregory and reaward the contract to the low bidder, West Construction Company. Mr. Bird moved that the contract with Walker Gregory be rescinded and that a contract be extended to West Construction in the amount of $42,850, funds to come from the Insurance proceeds, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 6. Mayor Campbell requested that Item 18 on the Consent Agenda be removed and placed as first item on the Regular Agenda. Mrs. Horenburger moved for approval of the agenda with the removal of Item 7 and Item 18 to be placed as first item on the Regular Agenda, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 5 - 6/25/85 Mr. Bird left the Council Chambers at this time. PUBLIC HEARING 8. Ordinance No. 53-85 - Chan~in~ the City's Land Use Plan Designation (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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 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. SAID LAND IS LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY, BETWEEN SOUTH DELRAY SHOPPING PLAZA AND DUMAR PLAZA; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 53-85 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. 53-85 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. 9. Ordinance No. 52-85 - Kaufman Annexation. Ordinance No. ~-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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 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. (Copy of Ordinance No. 52-85 is on file in the official Ordinance Book) . - 6 - 6/25/85 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. 52-85 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. 59-85 - Amending Code - Nuisances on Property. 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 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. (Copy of Ordinance No. 59-85 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. 59-85 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. 60-85 - Amending Code - Fire Code Exemptions. Ordinance No. 60-85, amending Chapter 11, "Fire Protection and Pre- vention'' of the Code of Ordinances to provide exemptions from retro- active provisions of our Fire Codes other than the State minimum code, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The Acting 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, "MODIFICATIONS 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 AP- PLICATION OF THE OWNER OR AGENT OF THE OWNER; PROVIDING THE CIRCUMSTANCES UNDER WHICH SUCH EXEMPTIONS CAN BE GRANTED; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 7 - 6/25/85 (Copy of Ordinance No. 60-85 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. Mrs. Elaine Roberts, 312 North Swinton Avenue, stated she has been asked by Mr. Cohen, member of the Code Enforcement Board, to have a question clarified. At the CEB meeting this afternoon there was a case where the Bill Wallace Ford property has been cited for not having smoke detectors in his building. Mr. Wallace contends his build- ing was built according to County code requirements and Mr. Cohen was questioning whether this ordinance would grandfather in the Bill Wallace situation. The City Attorney advised it is his understanding that the property was not built in compliance with any code. This ordinance would not necessarily exempt Bill Wallace. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 60-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Horenburger took the chair. 12. Ordinance No. 61-85 - Amending 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 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. (Copy of Ordinance No. 61-85 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. 61-85 on Second and FINAL Reading, 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. - 8 - 6/25/85 Mayor Campbell returned to the Council Chambers at this time. 13. Ordinance No. 62-85 - Amendin~ Code - Handicapped Parking. Ordinance No. 62-85, amending Chapter 26, "Traffic" of the Code of Ordinances establishing that it shall be a violation for any person to park in a handicapped parking space without a valid permit and estab- lishing certain penalties, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 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 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 ESTAB- LISH 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 VIOLA- TIONS, TO PROVIDE A PENALTY OF NOT LESS THAN TWO HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS FOR PER- SONS 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 VIOLATION, A SEVENTY-FIVE DOLLAR FINE FOR THE SECOND VIOLATION, 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; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 62-85 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. Mrs. Alice Finst, 707 Place Tavant, stated she feels there might be another way of handling this rather than having a $10 fine for being two minutes late to your parking meter. She suggested that a $5 fine be initiated and if the car is still there when the meter person comes back then another $5 fine can be given. She feels $10 is very strict. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 62-85 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. Ordinance No. 63-85 - Amendin~ Code - Board of Construction Appeals Jurisdiction. 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 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. - 9 - 6/25/85 The Acting 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; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 63-85 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. 63-85 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. Mr. Bird returned to the Council Chambers at this time. CONSENT AGENDA Mayor Campbell requested that Item 20 be passed over tonight as there may be another board which Mr. Jackson may be more suited for and he would like the opportunity to discuss it with him. The following items are to be considered by Council as the Consent Agenda: 15. Tent Permit Request - Goldcoast All American Soap Box Derby. Council is to consider a request for a 40x100 foot tent to be erected at Scarlett O'Hara's parking lot, 335 East Linton Boulevard for the s6ap box derby event on July 5 and July 6, 1985. Approval is recommended. 16. Request for Solicitation of Funds - Palm Beach TRY Center. Council is to consider approving solicitation of funds on June 29, 1985. Approval is recommended. 17. Request for Solicitation of Funds - Delray Beach Fire- fighters Benevolent Association. Council is to consider approving solicitation of funds on July 27, 1985. Approval is recommended. 19. Lease of Transfer Station. Council is to consider an amend- ment to the lease agreement between the City and the Palm Beach County Solid Waste Authority for the Transfer Station. 21. Acceptance of Sanitary Sewers and Water Utilities. Resolu- tion No. 55-85, accepting all sanitary' sewers and water utilities as operational as recorded in the plat of South Delray Shopping Center, Phase II, is before Council for consideration. The caption of Resolution No. 55-85 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 SOUTH DELRAY SHOPPING CEN- TER, PHASE II AS RECORDED IN PLAT BOOK 51, PAGE 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERA- TIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES 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. - 10 - 6/25/85 (Copy of Resolution No. 55-85 is on file in the official Resolution Book) Mrs. Horenburger moved for approval of the Consent Agenda, with the exception of Item 18 to be placed as first item on the Regular Agenda and Item 20 to be postponed to the next regular meeting, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 18. Conditional Use, Site Plan Approval - 25 Seabreeze. Council is to consider a request for conditional use and site plan approval for 25 Seabreeze, a proposed 9,425 square foot office development in a four-story structure to allow the use of adjacent RM-15 property for off-street parking, located on the east side of Seabreeze Avenue, bet- ween Atlantic Avenue and Lowry Street. This was approved 4-0 by the Planning and Zoning Board, subject to the following conditions and that the platting requirements be waived: (1) Engineering Division's memorandum of October 8, 1984, which states: (a) Platting is required; (b) Use signs and markings to indicate one-way flow; (c) Sidewalk is required, unless waived by the Planning and Zoning Board. (2) That the City Council grant a waiver for this project from the provision of Sec. 24-4(0) which would otherwise require that it be platted. (3) That the existing sanitary sewer line off Sea- breeze Avenue be used for this project. (4) That before a building permit is issued, the property owner shall comply with Sec. 30-18(B)(4)(g)(3) of the Zoning Code which requires that an agreement be entered into tying that area that will be used for parking to the rest of the site, probably through a Unity of Title. (5) That the only conditional use to be approved hereunder is an alternate off-street parking area consisting of approximately eleven (11) parking spaces for this office building. (6) That the two (2) five foot utility easements be abandoned before receiving final plat approval. (7) That all improvements be completed in accordance with the approved site plans. (8) That the time limitation of this approval be eighteen (18) months pursuant to Section 30-21(E) and Section 30-22(E) of the Zoning Code. Mayor Campbell stated he has not had a chance to review this site plan and is concerned about a four-story building being constructed in this area. Mr. Robert Cohn presented the site plan to Council for review. It was noted that this building will be constructed next to the Spanish River Hotel. Mr. Bird moved to approve conditional use, site plan ap- proval for 25 Seabreeze-, subject to the memorandum dated June 19 from the Planning Department and a waiver of the platting requirements, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. - 11 - 6/25/85 22. Appointment - Board of Construction Appeals. Council is to consider the appointment of a member to the Board of Construction Ap- peals (Master Plumber) to the unexpired term of Russell Warren ending January 8, 1986. Mr. Bird moved to appoint George Norton to the Board of Construction Appeals to the unexpired term of Russell Warren ending January 8, 1986, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Jackel suggested they also appoint a Master Electrician at this time as there is a vacancy on the Board for that position. Mr. Bird moved to amend the agenda to include the appoint- ment of any member to the Board of Construction Appeals, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird moved to appoint Patrick Keen as a Master Electri- cian to the Board of Construction Appeals, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Appointments - Downtown Development Authority. Council is to consider the appointments of two members to the Downtown Development Authority to terms expiring July 1, 1988. Mrs. Connie Tuttle, Chairman of the Downtown Development Authority, advised the DDA is recommending the reappointment of Fred Devitt and the appointment of Robert Costin. Mrs. Horenburger moved to reappoint Fred Devitt and appoint Robert Costin to the Downtown Development Authority, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 24. Appointment - Board of Adjustment. Council is to consider the appointment of one regular member to the Board of Adjustment to the unexpired term of Matthew Gracey, Jr., ending March 15, 1987. Mrs. Horenburger moved to appoint Bruce Larsen from an alternate member to a regular member to the Board of Adjustment to the unexpired term of Matthew Gracey, Jr., ending March 15, 1987, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 25. Beach Committee. Resolution No. 56-85, establishing the Beach Committee, is before Council for consideration. The caption of Resolution No. 56-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE APPOINTMENT OF A BEACH COMMITTEE AND OUTLINING THE DUTIES OF SUCH COMMITTEE. (Copy of Resolution No. 56-85 is on file in the official Resolution Book) Mrs. Horenburger moved for the adoption of Resolution No. 56-85, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 12 - 6/25/85 26. Appointments - Beach Committee. Council is to consider appointing members to the Beach Committee. After Council discussion, the following names were suggested as members to the Beach Committee: William Koch, III (Chamber of Commerce) Pat Duane (North Beach) Betty Matthews (South Beach) Lynn Caldwell (West of Intracoastal) Irwin Ives (West of 1-95) Mr. Bird moved to appoint the above named persons to the Beach Committee, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 27. Site Plan Approval - Rainberry Bay Clubhouse No. 2. Council is to consider a request for site plan approval for Rainberry Bay Club- house No. 2, a proposed 13,500 square foot recreation complex, located within the Rainberry Bay Development on the north side of Lake Ida Road, between Davis Road and Barwick Road. This was approved 4-0 by the Planning and Zoning Board, subject to the following conditions: (1) That proper assurances be made to the Associa- tion that additional parking will be constructed should the a~lount of parking shown on the Site Plan prove inadequate. Such legal document shall be approved by the City Attorney and recorded in the public records prior to receipt of a building permit. (2) Lawn care shall be from a source other than City Water (Director of Utilities' memorandum of April 16, 1985). (3) One additional tree is required on the western property line so as not to exceed the maximum spacing of sixty (60) feet required between trees for buffering adjacent properties. (City Horticulturist's memorandum of May 13, 1985). (4) Platting is required. (5) An enclosure a minimum of 48 inches in height with a latch is required around the pool. (6) That all improvements be completed in accordance with the approved site plans, except as modified by the conditions outlined above. (7) That the time limitation of this approval be eighteen (18) months, pursuant to Section 30-22(E) of the Zoning Code. Mr. Jackel left the Council Chambers at this time due to a voting conflict on the basis that he is a resident of the area in ques- tion. Mrs. Horenburger moved for site plan approval for Rainberry Bay Clubhouse No. 2, seconded by Mr. Weatherspoon. The City Attorney stated, under the memorandum from the Planning Department, his office is to draft a legal document which will take care of the parking situation. It is his position that the deter- mination as to whether the parking is inadequate ought to be made by City staff, not the Association, and suggested that that condition of the memorandum be modified. Mr. Bird questioned if, philosophically, that is appro- priate; the only people who can be abused are the people who live there and he cannot think of anyone better qualified to decide what they want than the residents who are going to have to put up with it. - 13 - 6/25/85 The City Attorney advised the reason he is making this request is because, currently, the Association has votes that are held in the majority by the developer. If the developer decides not to build the parking lot then he can vote not to build it. A representative for the developer advised he will not exercise his voting rights on this item and has already taken steps to take the additional 13 parking places recommended for the future and put them in now. Mrs. Horenburger amended her motion to include that the 13 parking spaces be provided immediately, upon approval, Mr. Weatherspoon amended his second. Upon roll call Council voted as follows: Mr. Bird - (Abstained); Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. ~r. Jackel returned to the Council Chambers at this time. 28. Relocation for Computer Placement. Council is to consider office relocation for computer placement. Mayor Campbell stated it is his personal opinion that they are going to have to relocate the City Attorney's office sooner than they think as there are several items under consideration which would necessitate an increase in his staff. The Acting City Manager stated Mr. Pennington's thoughts on moving the City Attorney's office were as a permanent solution, until there is the possibility of having the Police Station to relocate other departments. Mr. Bird recommended that they remand this item back to Mr. Pennington to make sure he has taken all the issues, with regard to the City Attorney's office, into account. Upon question by Mrs. Horenburger, the Acting City Manager advised the computer will be delivered as soon as the space is avail- able. However, if they do not place the order before June 30th they will lose the discount which will amount to approximately $55,000. Mrs. Horenburger stated she has some reservations about moving the City Attorney's office off the premises, especially if he will be getting more into the Code Enforcement and other areas. If there are any other alternatives she would like to see them pursued. Mayor Campbell stated if the potential expansion of the City Attorney's office requires a relocation within this building or else- where, he would like to make sure that they will not be paying double. If Mr. Pennington feels his recommendation is the best allocation of space, he would be willing to go along with it. However, he would like the Acting City Manager to relate to Mr. Pennington the other possibil- ities. 29. Ordinance No. 56-85 - Amendin~ Code - Addin~ Financial In- stitutions as Additional Permitted Use. Ordinance No. 56-85, amending Ordinance No. 16-79 to add Financial Institutions as an additional permitted use, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 9th. The Acting City Manager presented Ordinance No. 56-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 16-79 BY AMENDING SECTION 2(a) TO ADD NUMBER (33) FINANCIAL INSTITUTIONS, EXCLUDING DRIVE-THRU; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 14 - 6/25/85 Mr. Bird moved for the adoption of Ordinance No. 56-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passe~ with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird questioned if they discussed with the applicant the possibility of rezoning this property to some category other than SAD. Mr. Robert Cohn stated the possibility of rezoning to Gen- eral Commercial was discussed. Knight Enterprises thought that was a good idea and will be proceeding with a rezoning on the property. However, in this particular case, there was an error by the Building Department in issuing a permit for a renovation for a financial institu- tion, not realizing that it was not a specifically permitted use in that particular SAD. At this point the roll was called to the motion. Mrs. Horenburger left the Council Chambers at this time. 30. Ordinance No. 57-85 - Zonin~ Ordinance Amendment - Canopies~ ~arquees and Covered Walkways. Ordinance No. 57-85, amending Chapter 30 "Zoning" of the Code of Ordinances to allow canopies, marquees and covered walkways to be placed over the front and side street setbacks and to extend into the right-of-way when approved by City Council in the GC, SC, LC and CBD zoning districts, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 9th. The Acting City Manager presented Ordinance No. 57-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (E) "BUILDING SETBACKS", SUBSECTION (1) "MINIMUM SET- BACKS" TO PROVIDE THAT UPON THE APPROVAL OF THE CITY , COUNCIL CANOPIES, MARQUEES, AND COVERED WALKWAYS MAY EXCEED MINIMUM SETBACKS AND EXTEND INTO THE RIGHT-OF WAY; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (E) "BUILDING SETBACKS", SUBSECTION (1) "MIN- IMUM SETBACKS" TO PROVIDE THAT UPON APPROVAL OF THE CITY COUNCIL CANOPIES, MARQUEES, AND COVERED WALKWAYS MAY EXCEED MINIMUM SETBACKS AND EXTEND INTO THE RIGHT-OF-WAY; BY AMENDING SECTION 30-13 "CBD (CENTRAL BUSINESS) DIS- TRICT'', (E) "BUILDING SETBACKS", TO DELETE THE WORDS "TEN (10) FEET" IN THE SECOND PARAGRAPH AND TO PROVIDE THAT UPON APPROVAL OF THE CITY COUNCIL CANOPIES, MARQUEES, AND COVERED WALKWAYS MAY EXTEND INTO THE RIGHT-OF-WAY; BY A~NDING SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DIS- TRICT'', (E) "BUILDING SETBACKS" TO PROVIDE THAT UPON THE APPROVAL OF THE CITY COUNCIL CANOPIES, MARQUEES, AND COVERED WALKWAYS MAY EXCEED MINIMUM SETBACKS AND EXTEND INTO THE RIGHT-OF-WAY; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 57-85 on First Reading, seconded by Mr. Jackel. The City Attorney advised he would like to add a provision to the Sections of this ordinance. They are going to require that, in addition to Council approval, they enter into some kind of agreement with the City that requires for maintenance, liability, etc., for the canopies. Mr. Bird amended his motion as advised by the City Attorney, Mr. Jackel amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passe~5with_ ~ - a 4 to 0 v°te~/25/85o Mrs. Horenburger returned to the Council Chambers at this time. 31. Ordinance No. 65-85 - Amending Code Utility Tax. Ordinance No. 65-85, amending Chapter 25 "Taxation" of the Code of Ordinances to increase the tax on utility service from 7.5% to 8.5% on the total amount billed and allocate the revenue resulting from the tax increase to the Delray Beach Beautification Program, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held July 9th. The Acting City Manager presented Ordinance No. 65-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25, "TAXATION" OF THE , CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "UTILITY SERVICES" SECTION , 25-23, "LEVIED; PURCHASER TO PAY", TO INCREASE THE TAX ON UTILITY SERVICES FROM 7.5% TO 8.5% ON THE TOTAL AMOUNT BILLED IN ANY CURRENT MONTH AND ALLOCATING THE REVENUE RESULTING FROM THE TAX INCREASE TO THE CITY OF DELRAY BEACH BEAUTIFICATION PROGRAM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 65-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Richard Corriston, 517 Sandpiper Circle, presented a petition from the Country Manors Association who are opposed to any increase in utility taxes to support the Beautification Program. Mr. Jack Kellerman, representing the Community Action Coun- cil of High Point, stated they feel this is an unfair tax and are also opposed to this ordinance. Mayor Campbell stated he feels the majority of this will be paid by businesses. The tax could come from the millage rate; however, it would not amount to very much. This particular tax does not fall heavily as it is only a 1% increase onto the utility bills. Mr. Jackel stated he has always felt that private donations will never beautify the City and they must go to the budgetary process. He realizes it will take a great deal of money; however, he is against this form of taxation for beautification. The burden will fall on the poorer citizens and those who live here year round, not the wealthier and seasonal residents. He would prefer to wait, look at the budget and try to find the funds through the millage rate, not an excise tax. Mrs. Lillian Feldman, member of the Beautification Com- mittee, stated most of the people who own expensive property go away for the summer and do not pay the high electric bills the year round res- idents do. She feels this is unfair and Council should look to raising the money through the millage rate. Mayor Campbell advised he will vote on this ordinance with a conditional "yes" and before it is passed on second reading he will make sure he has all the necessary information for the citizens or he will change his mind. Mr. Bird suggested they arrange for the ordinance to come back on second reading some time in August, after the budget has been made available to Council. - 16 - 6/25/85 The City Attorney advised this ordinance will be effective ten days after passage; however, it will not become applicable to bills being paid until they are rendered on or after August 15th. They could hold that language until after Council hears this ordinance on second reading and modify it at that time. The utility companies need ap- proxilaately 30 to 45 days to get the information into their systems. Mr. Weatherspoon stated he would find it very hard to tell someone they were going to raise their millage rate if that same person has to wade through water to get up.their street. He feels they should clean up the inner City before they beautify the main thoroughfares. At this point the roll was called to the motion. 32. Ordinance No. 66-85 - Beautification Trust Fund Committee. Ordinance No. 66-85, relative to establishing a Beautification Trust Fund Committee, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 9th. The Acting City Manager presented Ordinance No. 66-85: 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 IX, "BEAUTIFICATION TRUST FUND COMMITTEE", AND ADDING SECTION 2-136, "CREA- TION OF A BEAUTIFICATION TRUST FUND COMMITTEE", TO PRO- VIDE FOR ESTABLISHMENT OF THE BEAUTIFICATION TRUST FUND COMMITTEE; TO PROVIDE FOR COMPOSITION AND APPOINTMENT OF COMMITTEE MEMBERS; TO PROVIDE FOR ORGANIZATION OF THE COMMITTEE; TO PROVIDE THE TERMS OF APPOINTMENT; TO PRO- VIDE FOR THE FILLING OF VACANCIES AND REAPPOINTMENTS; TO PROVIDE FOR QUORUM REQUIREMENTS; TO PROVIDE AUTHORITY TO ADOPT RULES AND REGULATIONS; AND TO PROVIDE FOR REQUIRE- MENTS UPON THE EXPENDITURE OF CERTAIN FUNDS; 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 for the adoption of Ordinance No. 66-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 33. Appointments - Beautification Trust Fund Committee. Council is to consider the appointment of Committee members. Mrs. Horenburger advised the following persons have been nominated to become members of the Beautification Trust Fund Committee: Rachel Speicher (Beautification Committee) Sharon Cook (Garden Club) Andrea Goodman (Historical Society) John McKenna (Chamber of Commerce) Betty Matthews (Beach Committee) Mrs. Horenburger moved to appoint the above named persons to the Beautification Trust Fund Committee, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 34. Ordinance No. 67-85 - Zonin~ Ordinance Amendment - Parking~ Storin~ or Kee~in~ of Commercial Vehicles in Residential Areas. Ordi- nance No. 67-85, 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, Public Hearing will be held July 9th. - 17 - 6/25/85 The Acting City Manager presented Ordinance No. 67-85: 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 30-20, "REGULATIONS FOR THE PARKING, STORING OR KEEPING OF COMMERCIAL VEHICLES, BOATS., BUSES, TRAILERS AND TRUCKS", BY REPEALING SECTION 30-20(E)(1), "TRUCKS", AND ENACTING A NEW SECTION 30-20(E)(1), "TRUCKS", WHICH PROVIDES THAT RESTRICTIONS ON TRUCK PARKING IN RESIDENTIAL ZONING DISTRICTS SHALL BE AP- PLICABLE IN ALL ZONING DISTRICTS OTHER THAN R-lA AND SHALL PERMIT ONLY PANEL, PICKUP, VAN AND SIMILAR TYPE TRUCKS NOT OVER THREE-QUARTERS TON RATED CAPACITY AND REQUIRING THAT SUCH VEHICLES MAY ONLY BE PARKED ON PLOTS IMPROVED WITH A RESIDENCE AND REQUIRING THAT SUCH VE- HICLES MUST BE USED BY A RESIDENT OF THE PREMISES; PRO- VIDING FURTHER THAT IN R-lA ZONING DISTRICTS UP TO TWO TRUCKS HAVING A TWO 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 AND PROVIDING SCREEN- ING REQUIREMENTS; PROVIDING FOR AN EXEMPTION FROM THESE SCREENING REQUIREMENTS BY THE CITY MANAGER UPON A SHOWING OF UNDUE HARDSHIP; PROVIDING THAT VEHICLES CURRENTLY PARKED IN R-lA WHICH EXCEED THE NUMERICAL OR TONNAGE LIMITATIONS ARE PERMITTED IF THEY COMPLY WITH SCREENING REQUIREMENTS; REPEALING SECTION 30-20(E)(2), "BOATS, BOAT TRAILERS, AND RECREATIONAL VEHICLES" SUBSECTION (b), AND ENACTING A NEW 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 VEHICLE SHALL NOT BE CONSTRUED TO REQUIRE SCREEN- ING FROM DIRECT VIEW; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 67-85 on First Reading, seconded by Mr. Jackel. Mr. Bird stated it was his understanding at the last meeting that they agreed to change the provision as it applied to R-IA; this ordinance reads the same and not as they directed. Mrs. Horenburger withdrew her motion, Mr. Jackel withdrew his second. Mrs. Horenburger moved to table Ordinance No. 67-85 as presented in their agenda package, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 35. 1985 General Obligation Bond. Resolution No. 57-85, pro- viding the details for the 1985 General Obligation Bond for the Public Safety Facility, is before Council for consideration. The Acting City Manager presented Resolution No. 57-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DETERMINING CERTAIN DETAILS OF THE $5,000,000 GENERAL OBLIGATION BONDS OF 1985 OF THE CITY OF DELRAY BEACH, FLORIDA; APPOINTING A PAYING AGENT AND REGISTRAR; AND PROVIDING FOR AN EFFECTIVE DATE. - 18 - 6~25~85 (Copy of Resolution No. 57-85 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. Mr. Bird moved for the adoption of Resolution No. 57-85, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Hr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 36. ApDeals of Decisions of Code Enforcement Board. Council is to consider appeals of decisions of Code Enforcement Board case numbers 85-951 (Stein), 85-952 (Bowen), 85-954 (Brock), 85-968 (Pope) and 85-969 (Church) - unauthorized dwelling units in RM-15 (Multiple Family) Dwell- ing zone. The City Attorney stated this item is before Council for direction as to how they wish him to proceed. He advised that under most circumstances if a particular matter in litigation, such as a Code Enforcement Board matter, is appealed by the person who has lost the case the City automatically defends unless Council specifies otherwise. However, when the reverse happens and the City does not prevail in a particular item, he would not automatically appeal unless Council gives instructions to do so. This particular matter deals with a CEB case which was heard by the Board last week in which they voted unanimously that the CEB cases and names listed on tonight's agenda were not in violation of the City's zoning code. This case involves people living on boats parked on Venetian Drive which is an RM-15 zoning district. Mr. Bird stated they do not want to encourage or increase the intensity of the land use by allowing people to have, essentially, floating apartments behind their homes. He suggested that they instruct the City Attorney to draft an ordinance specifically precluding boats, as opposed to going through the rather expensive and longer process of litigation. The City Attorney stated they can draft such an ordinance; however, if they adopt such an ordinance then the people cited would be non-conforming uses because the CEB has ruled that they are permitted. Also, it would commence doing the negative which they have generally avoided. Mr. Bird stated, in that case, he would grant 30 days for amortization of those non-conforming uses. The ordinance would have to be written in such a way as to permit live aboard, unless Council should choose to change their policy, in designated marinas and yacht clubs. The City Attorney clarified that Council's direction is that they wish him to draft an ordinance permitting those kinds of uses of live aboard vessels in certain zoning districts, not RM-15, and that those which are in the RM-15 would be considered valid non-conforming uses who must amortize away their use within a limited period of time. Council should also forego the appeal of the decision. Mayor Campbell declared the meeting adjourned at 10:15 P.M. 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 25, 1985, which minutes were for- mally approved and adopted by the City Council on ~ ~../~'_~y~' . - 19 - 6/25/85 City Clerk 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. - 20 - 6/25/85