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07-09-85 JULY 9~ 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, July 9, 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. William Echols, Cason United Methodist Church. ~3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of June 25, 1985 and Special Meeting of June 18, 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. Mrs. Elaine Roberts, 312 N. Swinton Avenue, requested that Council give consideration to extending the sidewalk on S.E. 1st Avenue in front of the Miraposa Nursing Home to S.E. 1st Street facing Swinton Avenue. This would allow the people in wheelchairs and walkers to get more exercise. She understands that the two nurses who run the facility have written letters to Council in this regard. Mayor Campbell asked the Acting City Manager to look into it and come back to Council with an answer to the request. 5.a.2. Mrs. Alice Finst, 707 Place Tavant, reported on the Wells Fargo Game Field National Fitness Campaign with regard to a fitness course at Barwick Park. She advised that with a $2500 grant from the Wells Fargo program and with the local representative, JFK Hospital, providing $3500, the cost to the City, including shipping, installation, etc, would amount to about $3,000. It has been suggested that scouts who are trying to earn their badges could be used for certain portions of the work. If Council wants to go ahead with it, the application for the grant should be filled out at this time. Some conditions of grant approval are that the course must be installed by the end of 1985 and that it will be relatively near a public facility (the new school). After the course is in place, JFK will sponsor a groundbreaking ceremony and, later on, will use the course for physical fitness activities. Mayor Campbell stated he has heard that several civic organ- izations may be interested in helping out with the City's share of the funding. Mr. Bird expressed concern relative to JFK's activities after completion of the course. He questioned the size and frequency of these activities. Further, he questioned the City's liability in this regard. It was the consensus of Council to make application for the grant and to have Hrs. Finst address Mr. Bird's concerns to Mr. Ashford, the Coordinator. Mayor Campbell also asked Mrs. Finst to find out the cost of adding on to the course at a later time. 5.b.1. Mr. Weatherspoon expressed concern with regard to the HUD Block Grant. Upon question, the Acting City Manager advised that they have until September 30th to submit to HUD all of the paperwork. He will do everything in his power to get it completed in time. 5.b.2. Mrs. Horenburger asked Council to have the City Attorney review Section 3-4 of the Code of Ordinances which discusses areas and locations where sale of alcohol is permitted. It speaks about not allowing restaurants to be across the street from each other and she would request the City Attorney to modify it, not to encourage strings of bars, but to allow restaurants where they belong. Council concurred. 5.b.3. Mrs. Horenburger stated several weeks ago she asked about police sensitivity training and apparently they do not have it often enough. She requested that during budget consideration, management look into putting something in for police sensitivity training and possibly explore using local help. Council concurred. 5.b.4. With regard to the case which Internal Affairs is currently investigating, Mr. Weatherspoon asked if he could have a copy of that report once the investigation is completed. The Acting City Manager replied, yes. 5.b.5. Mr. Bird noted that some of the members have been unable to attend the Land Use Advisory Committee meetings and he suggested they consider replacing those members with nominees who are able to attend. Further, he suggested sending the nominees to Mrs. Plume, Chairman of that committee. Mrs. Plume advised that the committee meets on Wednesdays at 1:00 P.~. Mayor Campbell urged that a member of the Planning & Zoning Board try to attend those meetings. If a member is unable to attend, he asked that Mrs. Plume or someone on the committee speak to Mr. Ellis or another member of the Planning & Zoning Board in order to keep them abreast of what is going on. 5.b.6. Mr. Jackel read from an article in the News of Delray of July 4, 1985 regarding a possible court site in Delray Beach. The article stated that Mayor Doak Campbell and Council Members Malcolm Bird and Marie Horenburger offered the County twenty acres of land for the new courthouse and also offered the City's old Police Station to be used for a larger South County Sheriff's Sub-station. Further, they sug- gested several sites including the old Delray Beach Elementary School, the municipal tennis courts and the land across from the tennis courts near the site of the new Police Station. Mr. Jackel stated that this was news to him. Last week Council had a long discussion about a land swap. A developer was going to give them fifteen acres for a school and in return they were going to get the old Delray Beach Elementery School to be used as a home for the Historical Society and a Cultural Center. He was highly in favor of this. He feels that those three members of Council used very poor judgment in going before the County Commission and offering twenty acres without consulting the full Council. He hopes they will not do this again. Mayor Campbell stated that the County Commission at that meeting was discussing an item that was going to affect Delray Beach. The three of them, individually, took the time and interest to attend that meeting. They were there to lobby on behalf of the people of Delray Beach. The only thing they asked was that before the County makes any final determination of where it is going to spend 10 million dollars in Delray Beach, that City Council be allowed to look at alter- nate proposals that may have a good side effect towards the redevelop- ment of Atlantic Avenue. He knew that the school site was pretty much ruled out and they did not press it. He feels that the downtown area would impact the City less, traffic-wise, than putting these increases - 2 - 07/09/85 on Congress Avenue; this is his personal opinion and he has not dis- cussed it with any other Council members. He further explained that no commitments were made, he does not see anything wrong with what they did and he would do it again on behalf of the people. Mr. Bird added that this newspaper is the same one that thinks they have parking meters in the downtown area. He stated only he and Mayor Campbell spoke that day with regard to (1) asking that the City be involved in the site location; and (2) encouraging a jury pool. Mrs. Horenburger stated that the article says she made a presentation when in fact she never spoke a word at that meeting. The reporter that wrote that article never even spoke to her that evening. She attended, at the request of Dr. Andre Fladell of the South County Political Cooperative, to hear about the jury pool. She felt it was very important to be there. 5.b.7. Mayor Campbell stated he feels the issue of code enforcement will be a ma]or item both at budget time and in the coming year. He advised that in response to a request to look into meeting twice a month, Mr. Bill Owens, Chairman of the Code Enforcement Board, said that it was not necessary to do so as their agendas are short and average meeting times have been 2-2½ hours. Mayor Campbell expressed concern over (1) they have so many complaints and an inability to process them and (2) why isn't the Board able to hear and act on these complaints. He feels they may need to look into additional personnel. Further they need to look into the timeliness by which they can correct these viola- tions. He noted that it took three weeks to get a junked automobile cleared. Mayor Campbell asked the City Attorney and Acting City Manager to look into this and follow up on it. 5.b.8. Mayor Campbell stated he received a communication from the City of Palm Beach Gardens which requests that the County review its sign code relative to authorizing the erection and use of billboards contiguous or near the boundaries of the City of Palm Beach Gardens. Mayor C~apbell urged that an appropriate resolution supporting this be drafted and passed as soon as possible. Council concurred. Mr. Bird suggested the resolution state nowhere within a one mile radius of any City-controlled property to avoid billboards on County pockets. 5.b.9. Mayor Campbell stated that they have heard from Mrs. Carol Stevenson regarding a Code Enforcement action. Mr. Pennington has given him a report on her complaint and the City's insurance underwriters have now completed a report which the Acting City Manager will be getting. He promised Mrs. Stevenson that she would be allowed to speak before Council and he requests this be put on the next workshop agenda. Fur- ther, he asked the Acting City Manager to make those reports and other documents available to Council and he urged Council to review them before the workshop. Council concurred. 5.c.1. The City Attorney stated that last week Council instructed him to prepare a memorandum on zoning and land use plan moratoriums; copies of it have been provided to Council for review. Based upon discussions with staff, as a methodology of approaching it, his office has prepared a resolution which Council might consider in its review. Mayor Campbell suggested deferring this until they get a report from Mrs. Plume. 5.d. There were no Non-Agenda Items by the Acting City Manager. 6. Mr. Bird moved for agenda approval, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horen- burger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7. Report from Comprehensive Land Use Advisory Committee on mora- torium for land use plan changes and zonin~ chan~es. Mrs. Phyllis Plume, Chairman, presented a report from the Committee stating they are concerned over the rapid growth and changes that have taken place in the last few years without benefit of sufficient background information and without a study of the cumulative impact all of these changes will make - 3 - 07/09/85 on roadways, City services and the quality of life. It is the recom- mendation of the Committee that a moratorium be imposed on any land use plan amendments and rezonings from any category to commercial or indus- trial use and from any residential to less restrictive residential. They ask this be continued until the completion of the Land Use Plan update. Mayor Campbell stated they hope to be able to come up with a Plan they can all live with for many years to come. The Legislature has said that after October they can only amend their Land Use Plan twice a year. Mr. Bird stated that if the Land Use Plan is their biggest prob- lem, the City pockets have to be their second biggest. He feels that all the remarks made by Mrs. Plume are well covered in the resolution which the City Attorney prepared. He requested that the City Attorney read the resolution and, if Council is in concurrence, he suggested they adopt it immediately. The City Attorney read Resolution No. 62-85 in full and gave a brief description of the moratorium process which he explained is long and involved. The prospect of it being effective when challenged in Court is 50/50 at best. As a basis for an ordinance moratorium, they will need a staff or consultant study as to its impact effect and a short duration. If their Land Use Plan update is a year or two away, a Court probably would not permit a moratorium for that long a time. Upon question by Mayor Campbell, the City Attorney replied that the resolution would not require all the detail of a moratorium ordinance. The resolution is a statement of the City's position as to those properties affected and a fair warning that they will be reviewed extremely harshly during this period. It is not a termination of the process as the moratorium ordinance would be. Mrs. Plume stated she hopes everyone understands that the Committee will be coming out with recommendations which they will turn over to and discuss with the Planning & Zoning Board who may in turn kick them out. What Council should be addressing is the Land Use Plan update and not the report from the Committee. Mr. Bird felt it should be a stepped procedure to give everybody their opportunity in turn to make suggestions. Mr. Robert Ellis, Planning & Zoning Board Chairman, stated that he is in support of having citizens groups but feels they should work in an orderly fashion through lines of authority. He feels it is wrong for the Land Use Plan Committee to make a recommendation directly to Council and have Council adopt it without any input or response from the Planning & Zoning Board. He urges Council not to take any action on this resolution until such time as the Land Use Plan Committee has had meetings with the Planning and Zoning Board and have come to Council with a mutually agreeable proposal or recommendation. Mayor Campbell stated he is not sure they are ready to adopt anything tonight. He suggested they schedule a Special Meeting for formal adoption of the resolution prior to next Tuesday's workshop meeting. Mayor Campbell suggested further that Mr. Ellis call a special session of his Board to review the resolution and give Council its recommendation. Mr. Bird suggested that copies of the resolution be made available to petitioners during the next week so they are aware of what is being considered. Mrs. Helen Coopersmith, Land Use Plan Committee, stated that the Committee never intended to overstep its bounds. For the record, Mr. Ellis stated that the Planning & Zoning Board is open to speak with any citizens group. Mr. Jackel stated that this resolution is in response to citizens outcries of several weeks ago. He feels it is the mildest resolution they could have in response. It is much less than a morato- rium and he doesn't see how anyone can get upset with this resolution. However, he is willing to let it go for another week and vote at that time. - 4 - 07/09/85 It was the consensus of Council to schedule a Special Meet- ing next Tuesday prior to workshop to consider adoption of Resolution No. 62-85. Mrs. Horenburger left the Council Chambers at this time. PUBLIC HEARING 8. Ordinance No. 56-85 - Amendin~ Code - Addin~ Financial Insti- tutions 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 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. 56-85: AN ORDINANCE OF THE CITY COUNCIL 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; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 56-85 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. Upon question by Mrs. Plume, the City Attorney advised that this applies to a particular SAD. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 56-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Bird asked about the voluntary rezon- ing which they asked Mr. Knight to do. The Acting City Manager replied that they have filed. At this point the roll was called to the motion. 9. Ordinance No. 57-85 - Zoning Ordinance Amendment - Canopies, Marquees 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 districts, is before Council for consideration on Second and Final Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The Acting City Manager presented Ordinance No. 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; - 5 - 07/09/85 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 AMENDING 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. (Copy of Ordinance No. 57-85 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. Mrs. Horenburger returned to the Council Chambers at this time. Mr. Bird moved for the adoption of Ordinance No. 57-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mrs. Horenburger abstained; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 58-85 - Brand~ Annexation. Ordinance No. 58-85, relative to annexing a 0.422-acre parcel, subject to GC (General Commercial) District, located on the northeast corner of Lake Avenue South and North Federal Highway, is before Council for consideration on Second and Final Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The Acting City Manager presented Ordinance No. 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. (Copy of Ordinance No. 58-85 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. 58-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; hr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 6 - 07/09/85 11. Ordinance No. 64-85 - Community Redevelopment Agency. Ordi- nance No. 64-84, relative to appointing members of the Delray Beach Community 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. The Acting City Manager presented Ordinance No. 64-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING MEMBERS OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY IN ACCORDANCE WITH SECTION 163.356, FLORIDA STATUTE; ENUMERATING THEIR TERMS OF OFFICE; APPOINTING A CHAIRMAN AND VICE-CHAIRMAN; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 64-85 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. 64-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 12. 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 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. 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. (Copy of Ordinance No. 66-85 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. 66-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 7 - 07/09/85 CONSENT AGENDA 13. Roots Cultural 8th Annual Festival. Council is to consider approval of the following requests: a. $1,000 donation from the City to construct the center stage at Pompey Park. Funds are to come from the 1984/85 budget. b. Waiver of recreational facility use fees. c. Display festival flags along Atlantic Avenue busi- nesses during length of festival. 14. Drainage Project - Palm Square. Council is to consider award of a contract to the low bidder, Golden Eagle Engineering Con- tractors, Inc. in the amount of $46,380 for storm drainage project at Palm Square and S.E. 1st Street, with funds to come from the 1984/85 budget. Approval is recommended. 15. Annexation Request Cancellation (Garfield). Resolution No. 53'-85, rescinding Resolution No. 53-85 which requested permission from the Palm Beach County Board of Commissioners to annex a 0.97-acre parcel subject to POI (Professional, Office and Institutional), located at the northwest corner of Linton Boulevard and S.W. 10th Avenue, is before Council for consideration. (Request was withdrawn at the June llth meeting. The appropriate resolution will be passed when the complete application is submitted). The caption of Resolution No. 59-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RESCINDING RESOLUTION NO. 53-85. (Copy of Resolution No. 59-85 is on file in the official Resolution Book) 16. Acceptance of Streets. Resolution No. 60-85, accepting all streets as operational as recorded in the plat of Lake Forest South, is before Council for consideration. The caption of Resolution No. 60-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS IN LAKE FOREST SOUTH, AS RECORDED IN PLAT BOOK 43, PAGES 152 AND 153 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL. (Copy of Resolution No. 60-85 is on file in the official Resolution Book) Mr. Jackel moved for adoption of the Consent Agenda, Items 13 through 16, inclusive, 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. REGULAR AGENDA 17. Appointment - Civil Service Board. Council is to consider appointment of an alternate member to the Civil Service Board to a term ending July 1, 1987. Mayor Campbell requested that this item be post- poned this evening as one of the nominees is out of town and he would like to get a chance to speak to that person before making formal ap- pointment. Mrs. Horenburger moved to postpone consideration of this item to a future 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. - 8 - 07/09/85 18. Appointment - Delray Beach Housing Authority. Council is to consider appointment of a member to the Delray Beach Housing Authority to a term ending July 14, 1989. Mayor Campbell recommended that Mrs. Rosetta Rolle be con- sidered for appointment. Mrs. Horenburger moved to appoint Rosetta Rolle to the Delray Beach Housing Authority, 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. Before roll call, Mr. Jackel submitted the name of Sebron Aikins for this appointment; however, he felt both are very good candi- dates and he would vote in favor of either. At this point the roll was called to the motion. 19. Appointment - Board of Construction Appeals. Council is to consider appointment of member of the Board of Construction Appeals (architect) to a term ending January 8, 1987. Mr. Jackel moved to appoint Roy Simon, architect, to the Board of Construction Appeals, 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. 20. Change Order - Asbestos Removal - Community Center. Council is to consider approval of change order from Environmental Contractors Corporation increasing the original amount by $2,920 for a total con- tract price of $34,620. Funds are to come from the 1984/85 budget. Mr. Bird moved for approval of the change order, 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. 21. Ordinance No. 67-85 - Zoning Ordinance Amendment - Parking~ Storing or Keeping 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 on July 23rd. 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 APPLI- CABLE 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 VEHICLES MUST BE USED BY A RESIDENT OF THE PREMISES; 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 STRUC- TURE; PROVIDING FOR THE SCREENING OF SUCH VEHICLES, AND - 9 - 07/09/85 PROVIDING THAT SCREENING REQUIREMENTS FOR SUCH VEHICLES SHALL NOT BE CONSTRUED TO REQUIRE SCREENING FROM DIRECT VIEW; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 67-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Annexation Request - East side of N.W. 6th Avenue, between N.W. llth Street and N.W. 12th Street. Resolution No. 61-85, requesting permission from the Palm Beach County Board of Commissioners to annex a 0.33-acre parcel, subject to R-1AA (Single Family Dwelling) District, is before Council for consideration. The Acting City Manager presented Resolution No. 61-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS (SINGLE FAMILY), TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 61-85 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 61-85, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Ordinance No. 70-85 - Hill Annexation. Ordinance No. 70-85, relative to annexing a 0.33-acre parcel, subject to R-1AA (Single Family Dwelling) District, located on the east side of N.W. 6th Avenue, between N.W. llth Street and N.W. 12th Street, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held on August 13th. The Acting City Manager presented Ordinance No. 70-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 2, BLOCK 2, AMENDED PLAT OF LAKE IDA GARDENS, AS RECORDED IN PLAT BOOK 23, PAGE 192, OF THE OFFICIAL 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 N.W. 6TH AVENUE, BETWEEN N.W. llTH STREET AND N.W. 12TH STREET; REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 70-85 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 passed with a 5 to 0 vote. 5.b.10. Mr. Weatherspoon requested that a discussion of Community Service be added to next week's workshop agenda. Sandra LaDuke from Pride has agreed to come and give a presentation. Council concurred. - 10 - 07/09/85 24. Appointment - Police and Fire Board of Trustees. Mayor Campbell advised that with the appointment of Mr. Leon Weekes to the Community Redevelopment Agency, there is now a vacancy on the Police and Fire Pension Board. He would like to submit the name of John Howell, banker, who has expressed an interest in serving the City. Mr. Bird moved to amend the agenda to add Item #24 to be the filling of a vacancy on the Police and Fire Pension Board, 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 Mr. John Howell to fill the vacan- cy left by the resignation of Mr. Weekes, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horen- burger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 8:42 P.M. City' Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of July 9, 1985, which minutes were for- mally approved and adopted by the City Council on ~, ~$~ /q~J' . ~ity-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. - 11 - 07/09/85