Loading...
07-23-85 JULY 23, 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 23, 1985. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Acting City Manager Robert A. Barcinski and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Nygard, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the Regular Meeting of July 9, 1985 and the Special Meeting of July 2, 1985, 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.a.1. Mr. Sam Schwimer, Pines of Delray, read a letter thanking Council, the City Manager and the Engineering Department for recognizing the drainage problems they had and for getting them corrected. 5.b.1. Mr. Weatherspoon stated he would like to take this op- portunity to publicly thank Acting City Manager Robert Barcinski for the job he has done in the absence of the City Manager. 5.b.2. Mr. Weatherspoon thanked Chief Kilgore and his staff for the timely manner in which they delivered a report he requested. 5.b.3. Mrs. Horenburger requested Council's consensus to consider establishing a Youth Council in Delray Beach. The Human Relations Commission and the Delray Beach Housing Authority have been concerned about this and the Recreation Department has also seen a few problems with overlapping programs, particularly the soccer and softball pro- grams. She feels if they establish a Council to study this and co- ordinate and set up the programs it will be a benefit to all the youth of Delray. It was the consensus of Council to discuss this at the next workshop meeting. 5.b.4. Mr. Bird stated that today's storm caused damage to traffic lights and trees. He suggested they use some of the summer employees to do a quick clean up for both the City and homeowners who may have tree limbs down. 5.b.5. Mr. Bird stated he had an opportunity to meet with the consultant who has been asked to discuss with them the feasibility of locating the courthouse in the downtown area. The consultant felt that the County would be most attracted to an open sight located within the government center area as depicted by the Atlantic Avenue Task Force. He stated that the lot they currently anticipate putting the City Police Station on is not an encumbered, restricted piece of land; however, the property immediately to its west, known as Sterling Field, was given to the City and deed restricted for use as a park, recreation area or other municipal use. He feels that in order to have the best chance of bring- ing the courthouse into the downtown they should move the Police Station onto the current Sterling Field site. The majority of the cost needed to upgrade Sterling Field could as easily be used in a different loca- tion. Mr. Bird moved that the Police Station be located to the west edge of that open area of land and the area currently anticipated for the Police Station be vacated and left vacant pending a review of the best use, which may or may not be a courthouse site; also, that monies from the Recreational Impact Fees be utilized to reproduce a Sterling Field somewhere at the earliest possible time so as not to diminish the City's recreational capabilities, 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 the following discussion was had: Mr. Di~by Brid~es, architect of the Police Station, stated it would cost approximately $30,000 to move the Station and approx- imately half of that would be recoverable should the land go to the County for a courthouse. There would also be a delay of five weeks to allow a complete survey of the new site. Upon question by Mr. Weatherspoon as to why moving the Police Station to the west end of the property would warrant an ad- ditional traffic study, Mr. Bridges stated there would be different streets coming out onto Atlantic Avenue and there is not a traffic light there so they would have to work out where a light would go on 4th Avenue. Mr. Jackel stated he would like to see this item discussed at the next workshop meeting with maps and every detail worked out before he votes on such an important matter. Mayor Campbell stated it is his understanding that the County is going to have to render some kind of opinion very soon as to what they are going to do; however, that is not relevant to Mr. Bird's suggestion. If they do not put the Police Station on the Sterling Field site, they would miss a valuable opportunity and would be preempted from using the property for anything other than a recreational use. Mr. Bird stated that another important factor in favor of moving the Police Station is that if they are successful in negotiating a contract with the Sheriff's Department to move their substation they could move to the existing Police Station. For them to be directly across the street from the courthouse, if they were to relocate down- town, is a desirable aspect. Upon question by Mr. Jackel as to what they will do with Sterling Field, Mayor Campbell stated he presumes they will not go without an additional ballfield and will build a substitute field on other City property with new and improved lighting facilities. Mr. Bird suggested that a logical place to move the field would be the property at Carver Middle School, which includes a lighted facility. Mr. Jackel stated in view of these additional facts he will go along with this proposal tonight. - 2 - 7/23/85 Mr. Weatherspoon stated, if they were to consider the Carver Middle School area, it would be advantageous to extend 12th Avenue through the park area. Mr. Bird stated he feels that staff should study this suggestion. Mr. Bridges stated moving the Police Facility will not affect what he had planned to do which is to temporarily move the over- head wires towards Atlantic Avenue; he has checked with FP&L and they can move the wires. There is also a question of City approvals; as a courtesy the last time they went to the Planning Department and through all the boards, half of the old site was zoned residential and this new proposed site is all residential; however, they do meet all the setbacks of the residential requirements and nothing has changed as far as the planning is concerned. Mr. Bird stated they need to move ahead with this proposal; they should vote on it tonight to authorize the change in the site and ask staff to work as quickly as possible to bring Council a full package for approval, even if those include some waivers in cases where there are no substantive changes. At this point the roll was called to the motion. 5.b.6. Mr. Jackel stated on the way to City Hall tonight he was very pleased to see that the City's drainage problem along many streets has been attended to. 5.b.7. ~Ir. Jackel read from an article which appeared in the Sun- Sentinel regarding the Delray Beach Elementary School being used for some civic use once it has been vacated. He stated that the City needs a cultural center and they should get behind Mayor Campbell and do this wonderful thing. F~yor Campbell stated the property which is being considered for the new school involves two entities; Mr. Tom Fleming and a Trust, NCNB Bank, for his sister. The Bank is going through a laborious review as to whether or not, under its fiduciary duties, it is able to give property away. The School Board is having to make its decisions fairly quickly regarding their budget and if the City cannot get an answer from the Bank this month they will have to wait another year. Fir. Bird advised if they could identify the property today, which they cannot do as the Trust has not told them which particular square footage it is, the School Board would have the architects doing the drawings as soon as possible. 5.b.8. F~yor Campbell stated the Municipal League has been discus- sing weighted voting and this item will be coming up at their meeting this Thursday. He would like Council's consensus that it is the opinion of this Council that they do favor weighted voting. ~ir. Bird stated that, having been a former President of the League, it has always been his position that the League should represent the citizens. Delray has more citizens than Briny Breezes and both cities get one vote; he feels somewhere there is an inequity. For that reason he has always favored weighted voting. Mr. Jackel stated to his knowledge there has never been a problem for the big cities; if they had a problem it was carefully considered by the League. He feels if they go down this path the small cities will lose interest and the Municipal League as they know it now will no longer exist. Therefore, he will not vote for weighted voting. Mrs. Horenburger stated she would be in favor of weighted voting. Mr. Weatherspoon concurred with Mrs. HOrenburger. - 3 - 7/23/85 5.b.9. Mayor Campbell stated he had requested that the Code Enforce- ment Board meet twice a month as items could be brought before the Board in a more timely manner. He questioned if they were to request that the Board meet twice a month could it be structured where they have Panel A and Panel B so that the members would not have to commit themselves to two times a month, or could they utilize, fully, the great number of alternate members. He requested that the City Attorney look into this and render an opinion. Mr. Bird stated most of the City' s Boards meet twice a month. If they have a need that serves the public interest and they can more expeditiously handle affairs by asking for twice a month meetings, he feels they should formally ask them to do it. It was the consensus of Council to request that the Code Enforcement Board meet twice a month. 5.b.10. ~myor Campbell stated there is an institution in this State, representing the senior citizens, known as the Silver Haired Legisla- ture. They used to be fully funded by HRS; however, since 1981 they have lost State funding but have continued to meet. He suggested that Coun- cil, formally, donate $150 to the fund of the Silver Haired Legislature showing their support and encouraging them to continue. Mr. Bird moved that they authorize, from Council funds, $150 per representative from the City of Delray Beach, seconded by Mrs. HOrenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.ll. Mayor Campbell advised that it was reported last week that Standard, Poors and Moodys upgraded the City's bond ratings. 5.c.1. The City Attorney stated he has received a copy of a letter addressed to the City Manager from Fred Devitt on behalf of the Downtown Development Authority. The DDA is created by special act, is an in- dependent district and, therefore, their millage does not affect the City's roll back rate. This year they have been mandated to conform to all the other districts' requirements which include having public hear- ings and filing documents. The letter from Mr. Devitt is requesting that the City do that work for them and have the City's Finance Depart- ment and City ~anager's Office prepare their financial data and have the City Attorney's Office prepare the notices to be published. He is bringing this before Council to find out whether or not they wish the City to do this for the DDA. He has some concern that if the City were to assist the DDA they could be considered to be not an independent, bu~ potentially, a dependent district and thus could trigger a question as to whether or not their one millage tax rate should be included in the City's millage rate. Mr. Bird recommended that the City Attorney communicate with the Chairman, Mrs. Tuttle, and (1) ask her what her preference is, (2) suggest to them that with ¼ million dollars in the bank they can afford their own clerical help and (3) inform them that their downside liabil- ity, instead of getting one mill, they will get .91 and that is the consequence of their actions. He feels that when they form independent agencies they should act in an independent manner. If staff is to do the work then they should do it on a reimbursement basis or perhaps the DDA will find someone who would do it less expensively. It wa s the consensus of Counc i 1 that they re spond negatively. Mayor Campbell asked that they do this in a polite manner so as not to offend anyone on the DDA. 5.c.2. The City Attorney stated that, regarding Item 25, the offer to purchase City property has been withdrawn. He has furnished Council tonight a second proposed contract from a different buyer for a much lesser figure which is to be considered the offer. He questioned if Council wishes to consider this tonight or at the next workshop meeting. - 4 - 7/23/85 Mayor Campbell stated he does not feel it would be ap- propriate to consider this tonight. Mr. Jackel stated he would like to see this put on their next regular meeting. Upon question by Mayor Campbell, the City At- torney advised they would need to approve entering into a contract at a regular meeting. The City Attorney stated that if Council thinks they might want to sell this property any time soon they should place this on the first workshop agenda in August as they would need to get the appraisal updated; the last appraisal was done in May of 1984. Mr. Bird stated, in his recollection, this will be the third appraisal and he does not feel the comparables have changed any in that area. 5.d.1. The Acting City Manager thanked Council for their kind comments, help and support while he served as Acting City Manager. 5.d.2. The Acting City Manager stated the last two items on tonight's agenda were put there for reference; they are still pending and Council can decide whether they wish to vote on them after they hear the report from Post, Buckley, Schuh & Jernigan (Item 7). 6. Mayor Campbell requested that Items 25 and 18 be removed from the Regular Agenda and that Item 31 be placed as first item on the Regular Agenda as he has a conflict. Mr. Bird requested that Item 19 be removed from the Regular Agenda and that Items 11 and 12 be removed from the Consent Agenda and placed after Item 31 on the Regular Agenda. Mr. Bird moved for approval of the agenda with Items 18, 19 and 25 removed from the Agenda, Item 31 to become the first Item on the Regular Agenda and Items 11 and 12 removed from the Consent Agenda to follow Item 31, 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. 7. Report from Post, Buckle¥, Schuh & Jerni~an, Inc.~ - Water Distribution west of Military Trail. Mr. Fred Bier¥, Project Manager, stated that in February of 1984 Council entered into a stipulation with the Palm Beach County Environmental Control Board primarily with respect to the well fields and the water treatment plant expansion. There were several items of action which the City had to pursue and undertake; technically, as of the present time, the City is not in compliance with the stipulation. Several of the items have been completed, several are under way and the balance of the items are contemplated and there are actions going on. The City needs to continue to pursue the items in the stipulation and he suggested that they go back to the Environmental Control Board to re- schedule completion dates of the various items. Mr. Biery made a presentation and outlined how they con- ducted their study of the water distribution system for west annexation areas. He advised that the water storage facility in the High Point area will improve the operating pressures in the northern part of the City. There are also some minor system improvements which should be made; once they have been done the existing water distribution system will have adequate capacity for up to 4,000 additional, equivalent residential connections, without any additional major capital improve- ments. Mayor Campbell advised that Council has no requirement to give water outside of the City's existing system. They have been utiliz- ing the delivery of water in a two-fold purpose: (1) trying to gain control or conformity over areas adjacent to the City with regard to types of uses and/or planning, setbacks, signage, etc., and (2) possible enhancement of the City's tax base with already existing or potential buildings. - 5 - 7/23/85 Mr. Bird stated the City is mandated by the Federal Govern- ment to provide sewer service to the E-3 Canal. This causes a problem with how to bill people who demand sewer service but who do not receive water; residences within the City are charged for sewer based on a percentage of their water use. Mr. Jackel moved that this Council's policy regarding supply- ing water to the areas west of Military Trail to the E-3 Canal, north to south boundaries, is that they will be considered affirmatively on a case by case basis providing the proper water/annexation agreement is signed by both parties, seconded by Mr. Bird. 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. Before roll call the following discussion was had: hs. Care¥ Nevill, Administrator of Hillhaven Convalescent Center of Delray, stated they do receive City water and experience extremely low water pressure during peak periods. She has been in contact with the Director of Public Utilities and has been promised that it would be taken care of; she would like to see something done about the pressure west of ~iilitary Trail as soon as possible. Mayor Campbell stated he feels that they need to have a letter from the City Manager, corroborated by Mr. Pontek, stating that the improvements that are contemplated within the next year are going to adjust any of the problems they have been facing west of Military Trail, will remedY some of the pressure problems and that they will be pursued with due diligence by the administration. At this point the roll was called to the motion. PUBLIC HEARING 8. Ordinance No. 67-85 - Zoning Ordinance Amendment - Parkinq, 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing kas been scheduled to be held at this time. 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 BEACHi, 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" WHTCH 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 R~QUIRING 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; RE- PEALING 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 RECREA- TIONAL 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 VEHICLES, AND PROVIDINg- THAT SCREENING REQUIREMENTS FOR SUCH' VE- HICLES SHALL NOT BE CONSTRUED TO REQUIRE SCREENING FROM DIRECT VIEW; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 6 - 7/23/85 (Copy of Ordinance No. 67-85 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. 67-85 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. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 9. Tent Permit Request - Sherwood Pontiac/GMC Trucks, Inc. Council is to consider a request for five 30'x30' tents to be erected at 2400 South Federal Highway for sales promotion from August 21 through August 25, 1985. Approval is recommended. 10. Water Storage Tank Facility - Default of United Steel Erectors, Inc. Council is to consider authorizing execution of agree- ment between the City and Fidelity & Deposit Company of Maryland, the surety for United Steel Erectors, Inc., the contractor in default in the amount of $7,500. This is in addition to $9,363.32 already received which will cover the difference between the remaining contract balance with United Steel Erectors and the new contract price with Stuart En- gineering. Approval is recommended. 13. Chan~e Order - Golf Course Storage Facility. Council is to consider approval of change order from West Construction, Inc., for concrete footings, reinforcement to short walls and beams and changing column diameter, increasing the contract amount by $1,206, for a total contract price of $44,056. Funds are to come from the Capital Replace- ment Insurance Reserve. Approval is recommended. 14. Ratification of South Central Regional Wastewater Treatment and Disposal Board action on July 18, 1985. Council is to consider ratifying authorization to inspect projects prior to award of contract. This was approved 7-0 by the SCRWTD Board. 15. Ratification of South Central Regional Wastewater Treatment and Disposal Board action on July 18, 1985. Council is to consider ratifying authorization for engineering service during construction. This was approved 7-0 by the SCRWTD Board. 16. Ratification of South Central Regional Wastewater Treatment and Disposal Board action on July 18, 1985. Council is to consider ratifying authorization for resident engineering services. This was approved 7-0 by the SCRWTD Board. 17. Billboards. Resolution No. 63-85, requesting the Palm Beach County Board of Commissioners to review its Sign Code relative to au- thorizing the erection and use of billboards contiguous or near the boundaries of the City, is before Council for consideration. The caption of Resolution No. 63-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE PALM BEACH COUNTY COM- MISSION TO REVIEW ITS SIGN CODE RELATIVE TO BILLBOARDS, IN PARTICULAR IN REGARD TO REDUCTION OF VISUAL POLLUTION AND IMPROVEMENT OF TRAFFIC SAFETY IN A SPIRIT OF CO- OPERATION WITH MUNICIPALITIES THAT HAVE MADE EFFORTS TO LIMIT THE USE OF SIGNAGE; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 63-85 is on file in the official Resolution Book) - 7 - 7/23/85 Mr. Bird moved for approval of the Consent Agenda as amended, 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. REGULAR AGENDA Mayor Campbell left the Council Chambers at this time due to a conflict of interest. Vice-Mayor Horenburger took the chair. 31. Extension Request - Le Village De Provence (Phase II). Council is to consider a request for a 60-day extension (to September 22, 1985) for Le Village De Provence (Phase II), a proposed 88 unit multi-family project, located east of Barwick Road, between the L-32 Canal and High Point Boulevard West. It is zoned RM-6 (Multiple Family Dwelling) District and contains 14.7 acres. Vice-Mayor Horenburger stated it is her understanding that the Planning and Zoning Board considered this request this morning and she asked Mr. Kellerman, member of the P&Z Board, what their decision was. She was informed that the vote was unanimous to approve this exten- sion. Mr. Jackel moved to approve the 60-day extension for Le Village De Provence (Phase II), seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Jackel stated he is willing to grant this extension to the mortgagee providing that no further work is done; it is his under- standing that the extra time is being allowed for financial reasons. Mr. Bird stated he believes they also have a code enforce- ment problem on the property. He suggested that they ask the petitioner to clean up the property. Ms. Susan Walker, attorney representing S&L Realty Trust, the mortgagee, stated they are undergoing a foreclosure proceeding and expect to own the property in a very short period of time. They recently found out that the site plan was due to expire tomorrow, which is why they are requesting this extension. Hr. Bird asked if the petitioner would consider abating the nuisance on the property; the City is willing to help them, if they consider helping the City with th~ nuisance. Ms. Walker stated, on behalf of the client, she is sure that once they own the property they will do everything in their power as they do not want to be in violation of any codes. Further, her client is not interested in doing any building during this interim period. Upon question by Mr. Bird, the City Attorney advised the City could abate the nuisance then lien the property. However, the mortgagee's lien would be superior to the City's. Mr. Bird stated he would not like to put the City in a position of going out and expending funds to mitigate the mortgagee's problem and then not be reimbursed. Upon question by Mr. Bird, Ms. Walker stated, for the record, that if the present owner does not take care of the problem, or if he does not satisfy the lien which the City would have to place, then her client will cover those costs and reimburse the City. The City Attorney clarified, for the record, that this request is only for an extension of time within which to file a request for an extension; it confers no rights to any such extension they would have as a future consideration. - 8 - 7/23/85 At this point the roll was called to the motion. 11. Air Conditioning - Community Center. Council is to consider award of a contract for air conditioning the Community Center Gymnasium to the low bidder, Hill York, in the amount of $65,000, with funds to come from the General Fund Unappropriated fund balance. Approval is recommended. Mr. Bird stated they keep spending tremendous amounts of money at the Community Center and he questioned if they have ever gone through the building definitively and done a structural test. Mr. Church, City Engineer, stated the building is 25 years old and they did have an inspection a month ago identifying some of the deficiencies. There are some major repairs required; however, putting in the air conditioning seems to be a reasonable improvement. He does not feel the building is beyond economical repair. Mr. Bird requested that Mr. Church furnish Council, in their next agenda package, with some kind of estimate as to what those major deficiencies are and what kind of money they are looking at expending in the long term. Mr. Bird moved to award a contract for air conditioning to the low bidder, Hill York, in the amount of $65,000, with funds to come from the General Fund Unappropriated fund balance, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Council Chambers at this time. 12. Registration - City Logos or Trademarks. Council is to consider authorizing the law firm of Steele, Gould & Fried to register the City's logo and trademarks to assure that no outside agencies or commercial enterprises make use of the logos or seals without the City's permission. Charge for the attorney's fees and filing fees would be $525, with funds to come fr~n the City Council Contingency Fund. The City Attorney advised this item was placed on the Con- sent Agenda to get authorization to retain a law firm to register the City's logo and trademark. They have had a number of inquiries from people who would like to use the logo on drawings and brochures; they were told that they would not be permitted to do so and they have com- plied. However, Palm Beach County is having a problem getting voluntary Compliance. He felt that one of the methodologies they could utilize in securing the right of the City to say who can or cannot use the logo would be to register it as a trademark. Mr. Bird stated it is his opinion that if the citizens of Delray Beach would like to grace their businesses it is not an endorse- ment by the City. He feels this is regulation just for the sake of regulation and he can find no benefit to be gained. Upon question by Mayor Campbell, the City Attorney advised they opted to go with the National method of registering a trademark rather than the State method because the problem Palm Beach County is having is with a company based in Atlanta. Mr. Jackel moved to authorize the retention of the law firm of Steele, Gould & Fried to register the City's logo and trademarks, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 4 to 1 vote. 20. Appointment - Code Enforcement Board. Council is to con- sider the appointment of an alternate member (Architect) to the Code Enforcement Board to the unexpired term of Roy Simon, ending January 14, 1987. - 9 - 7/23/85 Mayor Campbell requested that they pass over this item as there were no names submitted. 21. Site Plan Approval - The Commons. Council is to consider a request for site plan approval for The Commons, a proposed 70,330 square foot general and professional office development, located on the north side of West Atlantic Avenue, between High Point Boulevard and the Hamlet Shoppes. This was approved 4-0 by the Planning and Zoning Board, subject to the following conditions: (1) Platting is required prior to the issuance of any building permits (Engineering Division's memorandum of May 8, 1985). (2) That prior to final plat approval, an easement agreement be obtained allowing this development to connect into High Point sewer system (Direc- tor of Public Utilities' memorandum of June 14, 1985). (3) That a solid tree line be planted along the northern property line. (4) That all improvements be completed in accordance with the approved site plans, except as modified by the conditions outlined above. (5) That the time limitation of this approval be eighteen (18) months pursuant to Section 30-22(E) of the Zoning Code. Upon question by Mayor Campbell, the applicant advised that they have entered into an agreement with the Board of Directors of High Point regarding the north side of the masonry wall. Mr. Jackel moved for site plan approval for The Commons, 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. 22. Site Plan Approval - Golf Terrace Apartment Complex. Coun- cil is to consider a request for site plan approval for Golf Terrace Apartment Complex, a proposed multiple family project containing a total of 46 units. There are 16 existing units; 30 units will be new con- struction. The property is located on the north side of Lowson Boul- evard, between S.W. 20th Court and the E-4 Canal. This was approved 4-0 by the Planning and Zoning Board, subject to the following conditions: (1) Engineering Division's memorandum of June 13, 1985. (2) Provide fire hydrants with a maximum of five hundred (500) foot spacing via road travel and a maximum of two hundred and fifty (250) foot road travel from the buildings. (3) That a minimum of twenty-five percent (25%) of the rental apartment units on the ground floor level comply with handicap requirements and that each apartment have appropriate parking stalls located in the immediate proximity to that apartment (Director of Development and Inspec- tions/C.B.O's memorandum of June 6, 1985). (4) That an additional dumpster be provided at the east end of the new development. (5) That all improvements be completed in accordance with the approved site plans. (6) That the time limitation of this approval be eighteen (18) months pursuant to Section 30-22(E) of the Zoning Code. Mrs. Horenburger moved for site plan approval for Golf Terrace Apartment Complex, 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. - 10 - 7/23/85 23. Appeal to Decision of Community Appearance Board - Barwick Road Baptist Church. Council is to consider an appeal of the CAB deci- sion regarding church sign. Reverend Ralph Nygard, Barwick Road Baptist Church, advised they built their sign according to the City's codes; however, when they received the lettering they did not fit. They rearranged the letters and resubmitted the finished product to the CAB who denied the petition as they felt the letters did not look good as they had placed them. Mayor Campbell stated he cannot see anything wrong with the sign and questioned what the problem was. Mrs. Elaine Roberts, member of the CAB, advised the approval was not given because the sign was not built according to what was approved. Mr. Bird stated that they have some rules in the City and when it became apparent that the Church could not follow them that would have been the time to go back to the CAB and ask what could be done. He feels the frustration felt by the CAB is that people go out and satisfy their requirements and then come back to the Board. If the City asks an advisory board to review plans or signs then they should be allowed to do so. Mayor Campbell stated that, ultimately, he would disagree with Mr. Bird. They are not trying to adhere to a ritualistic code but they do want good taste in the City; there is nothing wrong with the sign which was resubmitted. If they felt that the Church tried to circumvent the rules intentionally, he would agree that the City ought to hold them responsible and liable. He would urge that they not get tied down in something as ridiculous as intent but go ahead, look at the sign and get it approved. Mr. Jackel moved to approve the sign as it now stands, 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. 24. Appeal to Decision of Community Appearance Board - Goldcoast Development. Council is to consider an appeal of the CAB decision regarding color coordination at the Inlet Cove (AKA Waterway North II), 1111 N.E. 8th Street. Mr. Jeff Brown, representing Goldcoast Development, advised that in 1984 his client went before the CAB with architectural plans and color samples which were approved. They were later asked to reappear before the Board as a neighbor had complained about the color and at that meeting they were denied. Mayor Campbell questioned why this item was brought back before the CAB as it is not their legal position to revisit an item once they have granted approval. Mrs. Elaine Roberts, member of the CAB, advised she believes this item was brought back because of the complaint about the colors; to match them with the approval would have been the way of informing the newer members of the Board what they were in the first place. However, the Building Department lost the color samples so they do not know if the colors on the building are compatible with the approval. Mrs. Alice Finst, member of the CAB, advised that in 1982 when the site plan was first approved the building was to be compatible with the adjacent building. However, there is nothing on the tapes of the meeting, in the minutes, or on the plans to indicate what the ap- proved colors were. Mr. Brown advised the City's Code and the application for site plan approval require that exterior color samples be submitted. The Building Department lost those color samples which were attached to a brochure. 11 - 7/23/85 Upon question by Mr. Bird, Mrs. Horenburger clarified that the brochure was the developer's brochure with the color samples at- tached to the back and they were somehow lost. Mayor Campbell stated there are two issues: (1) whether they should be considering an appeal at all or (2) if it is legal, then whether or not Council wishes to reverse the decision. They cannot consider the second issue until they determine that the Board was prop- erly sitting in reconsidering the item. He feels there has been some fault on the part of the City but there may also be some ligitimate questions as to whether or not the applicant complied. If they did not paint according to whatever was submitted, should this go back to CAB or go to the Code Enforcement Board. The City Attorney advised it is his understanding that there was an allegation made that the painting being done on the property was not in accordance with the approved color scheme. The forum for that sort of hearing really should be Code Enforcement Board; it should not have been a re-review by the CAB unless the City made an error or there was some sort of fraud perpetrated upon the Board when they made their decision. The City Attorney suggested that Council, by motion, re- instate the previous approval of the color scheme by the Community Appearance Board as it was approved in September, 1984, and direct the City Administration to look into whether or not the colors as they are being applied to the building currently are in accordance with that approval; if they are not, they should pursue it through the Code Enforcement Board forum. Also, that such an action should not be con- strued to be a waiver of the City's rights to pursue enforcement in that forur~ over the issue of proper application of the approved color scheme. Mr. Jackel stated he cannot understand how the City, or anyone, can deny this developer what he is requesting when they do not have the samples and they must take the developer's word. Mrs. Horenburger moved to reinstate the approval as advised by the City Attorney, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor C~L~pbell - Yes. Said motion passed with a 5 to 0 vote. 26. Conditional Use Approval - Corporate Tech Center Office Building. Council is to consider a request for conditional use approval for Corporate Tech Center Office Building, a proposed 43,250-square foot office development, located at the northeast corner of Congress Avenue and the C-15 Canal. This was approved 5-0 by the Planning and Zoning Board. Mr. Bird stated that at the moment there is a thorough study being taken by Kimley-Horn of this entire area. While office use is a conditional use under Light Industrial, from a traffic standpoint it is a considerably increased traffic flow use. Also, they have not yet identified the formulas which will determine the amount of land use in the various zoning categories. These are questions which are presently under discussion and for this reason he would prefer to see this item come back before Council once they have some answers. Mr. Sam Cracchiola, applicant, advised they originally appeared before the City six months ago; they worked with the Community Appearance Board and received approval from the other Boards. The LI district recently added office space as a conditional use and they felt it would be a good idea to upgrade the property to an office use from a light industrial use. Mr. Bird stated he is not disagreeing with the use being proposed, he is disagreeing with the timing. He is uncomfortable with entertaining this request at this time as he would rather have the additional information which will be available in a few months. They will then be able to evaluate this request against those standards which will become the community standards of the future. - 12 - 7/23/85 Mrs. Horenburger stated she does not understand why they are taking this position on this request; it is not a rezoning request and Mr. Cracchiola could apparently build a similar size building for another use under his current zoning. Upon question by Mrs. Horenburger, Mr. Cracchiola advised the building will be mostly for office use; however, some of the uses they anticipate putting in would come under LI zoning. Mayor Campbell stated Council voted last week to withhold consideration of changes in intensity until there have been some further studies made in the City. From his perspective, there is a question as to whether or not this does actually oppose a change in that use. Mrs. Horenburger moved to postpone consideration of this item to their Regular Meeting of August 27th on the basis of insuf- ficient information, 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. Mr. Jackel left the Council Chambers at this time. 27. Beach Concession A~reement. Council is to consider authoriz- ing execution of a three-year lease/concession agreement to June 1988 between the City and John's Beach Service, the only bidder. Mrs. Horenburger requested that the City Attorney include in the agreement some comment that the storage boxes on the beach be main- tained properly. Mr. Bird moved to authorize execution of a three-year lease/ concession agreement to June 1988 between the City and John's Beach Service, subject to the addition in the contract as requested by Mrs. Horenburger, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 28. Final Plat Approval - Southrid~e Village Condominium. Council is to consider a request for final plat approval for Southridge Village Condominium, a proposed 35 unit multiple family project, located on the north side of Linton Boulevard, between S.W. 8th Avenue and S.W. 10th Avenue, if extended north. This was approved 7-0 by the Planning and Zoning Board, subject to the following conditions: (1) Construct S.W. 10th Avenue as a public road from Linton Boulevard to Southridge Road or make a contribution toward the construction of S.W. 10th Avenue as outlined in the agreement. This will require a county permit and will be done to the County's specification (plans have been drawn for the work). Specifications include 20 foot asphalt road; 2 foot curb and gutter each side; 4 foot sidewalks each side; and positive drainage by 24 inches R.C.P. to and across Linton Boulevard. (2) Repair Southridge Road from S.W. 10th Avenue to the reconstruction segment on S.W. 8th Avenue as detailed in A.M. Abdullah's report dated November 21, 1983. (3) Modify the signal at S.W. 10th Avenue and Linton Boulevard to add a north face. The City Attorney advised the motion to approve also in- cludes approval of the agreement which is required as part of the con- ditions. Mr. Bird moved for final plat approval for Southridge Vil- lage Condominium, subject to the conditions in the July 17, 1985 mem- orandum, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 13 - 7/23/85 29. Request for use of Crane - Anchor Park. Council is to consider a request from Mr. Norman Bender, President of Lanikai Villas to permit Robertson Roofing Company, Inc., to use two parking spaces and a portion of the entrance to Anchor Park for six weeks for a crane to re-roof the Lanikai Villas. Mr. Bird moved to approve, subject to entering into an agreement, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor C~]pbell - Yes. Said motion passed with a 4 to 0 vote. 30. Easement Deed - Water Storage Tank. Council is to consider a~thorizing acceptance of an easement deed from Tadeuz Sendzimir in the amount of $14,500 relative to the water storage tank. Approval is recommended. The City Attorney advised this item is before Council for them to accept four separate easement deeds from Mr. Sendzimir and to pay for that easement deed in the amount of $14,500. For the record, the City Attorney stated this is well within the estimated appraisal value of the easement. Mr. Bird moved to accept the easement deed, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Jackel returned to the Council Chambers at this time. 32. Ordinance No. 71-85 - Amendin~ Code - Alcoholic Beverages. Ordinance No. 71-85, amending Chapter 3, "Alcoholic Beverages" of the Code of Ordinances relative to the areas and locations of restaurants where sales of alcoholic beverages are permitted, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 13th. The Acting City Manager presented Ordinance No. 71-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3, "ALCOHOLIC BEV- ERAGES", SECTION 3-4, "AREAS AND LOCATIONS WHERE SALES PERMITTED", BY DELETING THE RESTRICTIONS TO THE RES- TAURANT EXCEPTION ON LOCATION RESTRICTIONS BY DELETING THE RESTRICTION ON RESTAURANTS ONLY BEING PERMITTED TO SERVE BEER AND WINE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 71-85 on First Reading, seconded by Mr. Weatherspoon. Mr. Bird questioned, with regard to Mr. Simon's project, if he were to have a tavern as a proposed use would he be able to have one since the patio across the street has a bar or would the tavern have to have fifty chairs in it and be a restaurant. The City Attorney advised it would have to be associated with a restaurant although there would be no problem with having the rooms divided in some manner. Mr. Bird stated he understands they are trying to make an improvement; however, he is not sure that this ordinance is the answer to what they are trying to accomplish. Following discussion, Mayor Campbell questioned if it is the intent of Council to primarily regulate bars. It was the consensus of Council that this is their intent. Mr. Bird suggested that in Section 1. of the Ordinance they strike out "with a minimum of fifty (50) seats". With that amendment you would have to be a restaurant that offers meal service to tables as opposed to a take-out. 14 - 7/23/85 The City Attorney advised he could amend the caption to reflect the changes as suggested by Mr. Bird. The City Attorney read the amended caption of the ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3, "ALCOHOLIC BEV- ERAGES", SECTION 3-4, "AREAS AND LOCATIONS WHERE SALES PERMITTED", BY DELETING THE RESTRICTIONS TO THE RES- TAURANT EXCEPTION ON LOCATION RESTRICTIONS BY DELETING THE RESTRICTION ON RESTAURANTS ONLY BEING PERMITTED TO SERVE BEER AND WINE AND BY DELETING THE MINIMUM SEAT- ING REQUIREMENTS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. Mrs. Horenburger moved for the adoption of Ordinance No. 71-85 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. 33~34,35. Mr. Bird suggested that Items 33, 34 and 35, relative to the Eisen annexation, for property located at the northwest corner of Linton Boulevard and S.W. 4th Avenue, be postponed until the Regular Meeting of August 27th. He does not feel this decision is one of such immediacy that it needs to be done until they receive the information from the Land Use Advisory Committee. Mrs. Horenburger moved to postpone Items 33, 34 and 35 to the Regular Meeting of August 27th, 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. 36. Ordinance No. 74-85 - Zoning Ordinance Amendment - Off- Street Parking. Ordinance No. 74-85, amending Chapter 30 "Zoning" of the Code of Ordinances to provide that conditional use approval shall not be required where parking is proposed to be located off-site in a RM-10, RH or RM-15 zoning district on a non-residential, currently existing, conditionally approved or permitted parking area, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 13th. The Acting City Manager presented Ordinance No. 74-85: 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 30-18, "OFF-STREET PARKING REGULA- TIONS'', SUBSECTION (B)(4)(g), "OFF-SITE PARKING"(2), TO PROVIDE THAT CONDITIONAL USE APPROVAL SHALL NOT BE RE- QUIRED WHERE PARKING IS PROPOSED TO BE LOCATED OFF-SITE IN AN RM-10, RH, OR RM-15 ZONING DISTRICT ON A NON- RESIDENTIAL, CURRENTLY EXISTING, CONDITIONALLY APPROVED OK PERMITTED PARKING AREA PURSUANT TO A VARIANCE; PRO- VIDING A REPEALER CLAUSE; 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. 74-85 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. 37. Ordinance No. 75-85 - Modifying SAD Ordinance (Delra¥ Shores Professional Plaza). Ordinance No. 75-85, amending Ordinance No. 62-83 to add medical laboratories and dental laboratories/studios as an added conditional use, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 13th. - 15 - 7/23/85 The Acting City Manager presented Ordinance No. 75- 85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING ORDINANCE NO. 62-83 BY AMENDING SECTION 2 (a) TO ADD MEDICAL LABORATORIES AND DENTAL LABORATORIES/STUDIOS AS AN ADDITIONAL CONDITIONAL USE WHICH' IS PER~iITTED IN THIS SAD ZONING DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 75-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger - No; Mr. Jackel- Yes; ~r. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call, Mr. Bird stated he saw some small dental labs in operation and did not find them offensive; however, he can see where a large one might be. He suggested that, before second reading, they may look at limiting the floor space. ~lrs. Horenburger stated, for the record, that she is opposed to this use. 38. 1985 General Obligation Bonds. Resolution No. 65-85, award- ing the $5 million General Obligation Bombs.dated August 1, 1985, which provides certain details of the bonds, authorizing execution and de- livery of the bonds and authorizing execution of the official statement, is before Council for consideration. The caption of Resolution No. 65-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH~, FLORIDA, CONFIRMING AND RATIFYING THE AWARD OF THE $5,000,000 GENERAL OBLIGATION BONDS OF 1985 OF THE CITY OF DELRAY BEACH', FLORIDA, DATED AUGUST 1, 19 85; DETER- ~INING CERTAIN DETAILS OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AUTHORIZING THE EXECUTION OF AN OFFICIAL STATEMENT RELATING TO THE BONDS; APPROVING, RATIFYING AND CONFIRMING THE PUBLICATION OF THE NOTICE OF SALE AND THE USE OF THE PRELIMINARY OF- FICIAL STATEMENT IN CONNECTION WITH' THE SALE OF THE BONDS ~D PROVIDING FOR AN EFFECTIVE DATE. Mr. Jackel moved for the adoption of Resolution No. 65-85, 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. 39. Water Service Agreement - Polo Plaza. Council is to con- sider execution of a water service agreement for Polo Plaza, a proposed 152,650 square foot specialty retail shopping center and offices, located on the west side of Military Trail, approximately one-quarter mile south of Linton Boulevard. 5~ayor Campbell stated they have now heard the report from Post, Buckley, Schuh & Jernigan regarding water service west of Military Trail. It was specifically determined that they would delay considera- tion of this request until that report and it would now be appropriate to make a decision. Mr. Jackel moved that they approve the water/annexation agreement between Polo Plaza and the City of Delray Beach, effective on completion date, seconded by Mr. Bird. Mr. Bird suggested an amendment to the motion which would require that the petitioner share in the pro rata cost of the improve- ments which are required as part of the Post Buckley study in order for the City to grant the approval. - 16 - 7/23/85 The Acting City Manager advised that when this was brought before Council on June 3rd it was the consensus of the P&Z Board that condition 12 of the water service agreement be modified to require that conformance with the City's code take place at such time as the property is annexed into the City. ~.,ayor Campbell stated rather than do it that way they could add to the motion that where there is no conflict between the current County and City Codes and the petitioner can comply, that they should go ahead and make him comply; he would not like to put any undue hardship on the petitioner where there is a problem, they do need to pull a permit and by complying with the City code they are not in compliance with the County. Mr. Jackel amended his motion as suggested by Mr. Bird and ~layor Campbell, Mr. Bird amended his second. 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 mith a 5 to 0 vote. 40. Water Service A~reement- Charter Building. Council is to consider execution of water service agreement for the Charter Building, 5264 West Atlantic Avenue. Mr. Bird moved that they approve the Charter Building' s request for water service annexation agreement with the same stipulation for a pro rata contribution to the cost, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Horenburger- Yes; ~r. Jackel - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mayor Campbell stated it should also be understood that when there are replacements or changes to be done that they will comply with the City Code when possible. In other words, if they are going to change their sign, the City would want them to comply with the City's Sign Code now -- get a smaller sign out there. Mr. Jackel suggested that the City Manager address a letter to the County Commission stating that this Council is helping out the County Health Department by supplying water service to the Charter Building. In return they would hope, in the spirit of cooperation, the Commission could help this Council with the Billboard Resolution (Item i7). Mayor Campbell requested that when the Acting City Manager forwards the resolution, as passed, that in a cover letter he put the comments as indicated by Mr. Jackel. At this point the roll was called to the motion. ~ayor Campbell declared the meeting adjourned at 10:22 P.M. City Clerk ATT EST: 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 23, 1985, which minutes were for- mally approved and adopted by the City Council on ~ 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. - 17- 7/23/85