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10-22-85 OCTOBER 22, 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, October 22, 1985. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Arthur Jackel Council Member Jimmy Weatherspoon 5Iayor Doak S. Campbell Absent - Council Member Marie HOrenburger Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John Hadlock, Church of the Nazarene. 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 October 8, 1985 and the Special Meeting of October 1, 1985, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Ye s; Mr. Jacke 1 - Ye s; Mr. Weather spoon - Ye s; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.a.1. Mr. David Cohen, on behalf of Alzheimers Disease and Related Disorders (ADRD), stated ADRD is one of the most catastrophic illnesses in the nation. He introduced the administrator of the ADRD. Mayor Campbell presented a proclamation proclaiming the week of November 21-27, 1985, as "Alzheimers Disease Public Awareness Week". The Administrator for ADRD stated their chapter has only been in existence for three months and has developed five support groups within that time. The chapter has a mission for advocacy, training and education, support for care-givers and research. She thanked the City of Delray for being public minded and caring for its citizens. 5.a.2. Noah Specter stated that he was at the last regular Council meeting and brought up the topic of the fee for parking at the beach. He questioned if any action has been taken. The City Manager stated this question came before Council about a year ago at which time it was the recommendation of staff to leave the matter as it was and not give any additional parking. Mayor Campbell stated Council has not formally adopted any change so it would have to be a consideration of Council as to whether or not they would like to go further and pursue this matter. This could be placed on a workshop agenda for a thorough discussion. He suggested that Mr. Specter leave his name with the City Manager who could contact him when the matter will be taken under consideration. 5.a.3. Jean Sklor, King's Point, stated beautification, cleanup and tighter reins by the Police Department should help to make Delray Beach a better place for people to live in. Whether the Courthouse is placed on Atlantic Avenue or kept in the complex both areas need serious study and all the problems have to be researched. 5.a.4. Rick Rei Kenis, representing Delray Square, stated two weeks ago Council considered adopting a resolution which would ask the County Commissioners for a thirty day postponement in considering the shopping center. He advised he is here tonight to ask Council to reconsider adopting that resolution. Delray Square w~s approved for a 316,000 square foot shopping center in 1975 by Palm Beach County and that ap- proval is vested; approximately half the shopping center is already constructed. His clients are now asking for permission to build an extra 15,000 square feet and the County staff has recommended approval. If his clients were to wait another thirty days it would hurt them financially and they may end up losing the contract. Another developer could then come in, complete the project and only pay the normal impact fees; his clients have agreed to pay additional fees for the extra square footage. Upon question by Mayor Campbell, the City Attorney advised Resolution No. 88-85 is before Council for consideration tonight pursu- ant to their direction to have something formalized. Mr. Bird stated he would have no problem with the resolution if it could be modified to reflect an either/or situation. The quicker they can encourage Palm Beach County to get on with the four-laning north from Atlantic Avenue the better off they are all going to be. He feels if they could insert into the resolution language which states they would withdraw, providing Palm Beach County would guarantee to do that, they would be serving the longterm benefit of the citizenry. He would urge Council to consider this as a possibility. Mayor Campbell suggested that rather than pass on the resolu- tion tonight they give the civic leaders and staff a chance to meet with Mr. Rei Kenis. Council will be having a Special Meeting on Monday and can always readdress the resolution at that time. Mr. Bird stated he feels it is important for Council to go on record as to what they perceive as being the quid pro in this situa- tion. 5.a.5. Bob Kasky, representing Eckerd Corporation, stated building plans have been submitted for an addition of approximately 800 feet to their stockroom in the Delray Mall. These plans have been held up for almost six months over an issue regarding the buffer zone being in- creased. This creates a hardship as there is not enough room now for the trucks to unload; they cannot widen the buffer zone, however, they are willing to put in additional trees if they are needed. They are asking that this requirement be waived so that Eckerds can go ahead and build the addition to the stockroom. Upon question by Mr. Bird as to why this matter was not brought before the Board of Adjustment, the City Attorney advised that the Board cannot approve a variance from the Landscape Code. Mayor Campbell clarified that they are being asked to waive the requirement of the Landscape Code in order for a building permit to be issued and, in lieu thereof, substitute an improvement of the land- scaping. Mr. Bird moved to waive the requirement of the Landscape Code and substitute, in lieu thereof, the conformity of the Code with regard to additional tree planting, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.b.1. Mr. Weatherspoon stated Council was furnished a memorandum from Council Member Horenburger stating that she can no longer serve as the Voting Member to the Council of Governments. Mr. Weatherspoon moved that Mr. Bird be moved from alternate member to the Voting Member to the Council of Governments, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 2 - 10/22/85 5.b. 2. Mr. Weatherspoon stated that with the resignation of Mr. Manning from the Code Enforcement Board there is now a vacancy for a regular member. Mr. Weatherspoon moved that Catherine Brunson be moved from an alternate member to a regular member of the CEB, seconded by Mr. Jackel. Upon roll call Council 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. 5.b. 3. ~ir. Weatherspoon advised that the property the City is trying to acquire from the County needs to be mowed. He requested that the City Manager contact the appropriate person at the County level and ask that it be mowed. 5.b.4. Mr. Weatherspoon stated that Council received a report from their engineering firm with some recommendations regarding off-street parking versus on-street parking on 5th Avenue. He would like to have this item placed on a workshop agenda to discuss it in further detail. Simon Barnes stated they are badly in need of parking in this area and would like to see off-street parking allowed. Mayor Campbell stated that they will discuss this item in depth at their workshop meeting on November 5th and have the Police Chief present to answer questions on how to handle the car situation as it exists now. 5.b. 5. Mr. Bird moved that Mr. Weatherspoon be appointed as an alternate member to the Council of Governments, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.b.6. Mr. Bird moved that Ted Carey be appointed as an alternate member to the Code Enforcement Board, seconded by Mr. Jackel. Upon roll call Council 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. 5.b.7. Mr. Bird stated that he has spent some time investigating the operation, which is under way in Boynton Beach, to collect re- cyclable materials. He recommended that the City Manager be asked to schedule a presentation by the company involved, who is already doing some static collection within the City, to see if perhaps an active collection site might be more beneficial. 5.b.8. Mr. Jackel announced that he will not be a candidate for City Council or the position of Mayor in March, 1986, due to medical reasons. He advised he is making the announcement at this time so that other citizens will come forward prepared for the race for City Council. 5.b.9. Mr. Jackel stated he spoke to the City Attorney regarding a straw vote for the utility tax for the beautification program and was advised it is too late to be placed on the November 5th ballot. He would like Council to consider asking the City Attorney to try once more as they would be well served to get the opinion of the citizens regard- ing this matter. Mayor Campbell stated he will contact Jackie Wi nche ster. 5.b.10. Mr. Jackel requested that the City Manager give a progress report on Barwick Park at the next workshop meeting. 5.b. 11. Mayor Campbell stated they have an opening on the Code Enforcement Board for an engineer. It is his understanding that if they cannot fill that position with the required individual they can appoint a layperson. He would ask that Council consider the engineering pos- ition; if there is no suitable name by their next regular meeting they can declare that that position is open for a layperson. - 3 - 10/22/85 5.b.12. Mayor Campbell stated, with regard to the Courthouse site, that it is up to Delray Beach to prove to the County Commissioners that this is a good idea and they can justify the location. He would en- courage everyone to work with the City Manager in getting information which will go to a public hearing before the County Commission on Novem- ber 7th at 10:30 A.M. 5.b.13. Mayor Campbell stated there has been some confusion about projections; i.e., what the consensus of Council is with regard to the long range planning of the City. He feels it would be a good idea if they had a special workshop meeting at which time each Council member would have the opportunity to express their long range goals and desires for the City. They could then try to define those goals into projects. He suggested that they set this meeting for some time in November and requested that all the Department Heads be present. Mr. Bird suggested that they ask staff to put out an agenda with some of the items that have already been discussed before they have such a workshop. This would give each Council member a chance to review them before the meeting. 5.c.1. The City Attorney stated that on November 1st at 10:00 A.M., the County will be testing the machines for the election. Council either needs to appoint someone to go to West Palm Beach for the testing or they can designate the County Commissioners to be the City's canvas- sing board. Mr. Jackel moved that Council Member HOrenburger be ap- pointed to go to West Palm Beach for the testing of the machines, sec- onded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.c.2. The City Attorney stated that Council was furnished tonight a memorandum from Sharon Delegal, Assistant City Attorney, addressed to the City Manager with regard to the Community Redevelopment Agency. Council has set aside, in the budget, monies for the CRA in the amount of $100,000. They are now requesting payment be made; however, he believes a document between the CRA and the City, in the form of a loan agreement, should be executed. There are several questions he has before drafting the agreement: (1) whether Council will charge interest and, if so, in what amount; (2) is it to be simple interest or com- pounded; (3) the terms of the line of credit; (4) how the monies are to be paid - periodic payments or a lump sum at the end of X number of years; (5) any preconditions to drawing against the $100,000 and (6) what if they do not pay timely. The City Manager advised he talked with the CRA today and was advised they are starting to make some draws out of their own ac- counts to cover the initial expenses of setting up the CRA. They are now ready for the budgeted monies. Council needs to authorize the appropriation of $100,000 from the Council Contingency Fund. Mr. Bird moved to appropriate $100,000 to be taken from Council Contingency and put into an account for the Community Redevelop- ment Agency, seconded by Mr. Jackel. Upon roll call Council voted as follows: ~lr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell suggested, with regard to the interest, that they use the money market rate of interest or whatever the rate of interest is that the City has their funds invested in. Mr. Bird suggested they use current T-Bill as it is an identifiable rate and is a little easier to pin down; that rate is approximately 7.32% at the present time. Upon question, Mr. Huddleston, stated that Council could go ahead and have the contract worded so that the interest rate would be Treasury Obligation for the length of the loan, based upon the rate at that time. - 4- 10/22/85 Mr. Bird moved that the interest be calculated for the length of the term of the loan using the average government obligation rate for that peri od, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird stated he would further stipulate that the interest be on monies actually drawn and be simple interest. Mayor Campbell stated the CRA may not be able to pay back any money until they have floated a bond or received money from tax receipts. Whichever comes first should be the due date; the CRA could then pay the City off or they could renegotiate. Mr. Jackel asked what would happen if, due to events, that day never arrives; the loan could, theoretically, be out there forever. Mayor Campbell stated they could add a phrase stating "no later than...". The City Attorney suggested they make it two years. Mr. Bird stated the CRA will not even have a base here for another eighteen months and suggested they make it three years. Mr. Bird moved that the terms of the loan be upon receipt of the first funds sufficient to pay it off in its entirety or three years, to conclude 9/30/88, whichever occurs first, seconded by Mr. Jackel. Mr. Huddleston suggested that they make the date 12/31/88 which is the time of the tax collections. Mr. Bird amended his motion as advised by Mr. HUddleston, Mr. Jackel amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird stated he would also like a provision for an exten- sion, subject to the terms and conditions Council imposes at that time, as the CRA may only get $100,000 plus interest in their first payment. He feels the renegotiation should be part of the agreement. Mr. Bird moved that the renegotiation be made part of the agreement, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Upon question, the City Attorney stated he would assume something in the nature of a request signed by the Chairman or Vice- Chairman of the CRA would be sufficient for requesting the draw. 5.c.3. The City Attorney stated that two weeks ago a citizen brought up the subject of the maintenance of the median strip along Homewood Boulevard by the Palm Villas Condominium Association. When he endeavored to get a status report for Council, the Attorney representing the Association demanded a conference with the City and advised that their position is going to be that they would like to "settle" the dispute but are not going to abide by the previous terms and conditions of the agreement. Upon question by Mayor Campbell as to what rights the City has against the Association, the City Attorney advised it would be specific performance. As a settlement, they have agreed to return the median strip to its previous condition. The City Attorney questioned whether Council wants to have this item placed on a workshop agenda so that the Attorney representing Palm Villas can address them or do they want to give his office further direction. - 5 - 10/22/85 Mayor Campbell stated he feels they should pursue this matter and ask the City Attorney to proceed with the necessary legal preparations. They should also advise the Association that this is the position Council is taking and if they want to come forward and address them they would be glad to listen. The City Attorney clarified that Council wants him to pursue the City's legal avenues at the present time; if the Association chooses at some later date to readdress the issue they would be receptive. Mayor Campbell stated he would like to know what cost they are going to be charging to the Association for maintaining this median and also how many homeowners are in the Association. Mr. Bird suggested that it may be constructive to send the minutes of the meeting when this subject was first discussed to Council and the Association. 5.d.1. The City Manager reported, with regard to Atlantic Avenue, that 74 buildings have been inspected and a total of 508 violations issued. There have also been approximately 50 arrests, primarily in the area of narcotics, and he is very pleased with the way the program is g oi ng. 5.d.2. The City Manager stated that at the last workshop meeting they discussed the landscaping plan for the Sarah Gleason Park. Since then they have gone over the plans and have the cost down to $5,000. Upon question by Mayor Campbell as to the number of benches, the City Manager advised there are six. Mayor Campbell stated he feels six is too many and suggested they only use two. Mr. Bird stated before they authorize this to be done they should find out whether or not there is any place along Salina where they can put in a truck bay. Mayor Campbell requested that the City Manager look into this and bring it back to Council at their meeting on Monday. 6. Mr. Jackel moved for approval of the agenda, seconded by Mr. Bird. Mr. Weatherspoon requested that item 12 be removed from the Consent Agenda and placed as first item on the Regular Agenda. Mr. Bird made a substitute motion to approve the agenda with the exception of Item 12 to be placed as first item on the Regular Agenda, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 7. Delra~ Beach Housin~ Authority Report (Robert HUtzler). Robert HUtzler, stated he would like to recognize two mem- bers of the HOusing Authority who fulfilled their terms this year - Clifford Durden and Edward Egan. He presented Mr. Egan, who was pre- sent, with a token of their appreciation. Mr. Hutzler furnished Council with copies of the DBHA's annual report and advised that the report is not complete; they do not have the annual audit back from their accountant. As soon as they receive it copies will be given to the City Manager and Council. He stated they conducted a survey within the City and a target area and outlined some of the statistics regarding the age, income and housing needs of the citizens in both areas. Mayor Campbell requested an update on the status of the housing project. - 6 - 10/22/85 Mr. HUtzler stated they thought they would be working with 15 acres; however, he found out today that 5 of those 15 acres never got transferred to the City. They are preparing a site plan for presenta- tion to the Planning and Zoning Board but they do not know if it is valid because if they only have 10 acres they will have to revise it. They are also working on the financing and will soon have it resolved. As far as construction is concerned, they are planning to build a tri- plex type unit. If they do have 15 acres to work with, they will be constructing approximately 35 buildings; 10 to 12 of those might be put into a condominium form of ownership. Mr. Bird requested that they get a breakdown of the 1,000 applicants so they can have some idea of the housing needs. Mr. Hutzler stated that it would be questionable how valid some of the applications are as they have been there for three years. Mr. Bird stated he would like to have that profile in writing so he can study it. He would also like to know if they can build units which would rent at a price without some outside subsidy. Mr. Hutzler stated, with regard to the Community Grant, there is an application for another 150 units of assisted housing. The City Manager is working with him on that and will be a tremendous help if they get it. Mr. Weatherspoon stated he feels the key factor is how they are going to be able to lower the cost of the rental units to make any impact and help those people who are applying to HUD for assistance. Mr. Bird stated they need to find a financing mechanism which will bring the cost of the units down. Mr. Hutzler concurred with~ Mr. Weatherspoon and Mr. Bird. However, they do not have all the answers yet and stated the HOusing Authority would like the opportunity to test market a few things. PUBLIC HEARING 8. Ordinance No. 109-85 - Andover Annexation. Ordinance No. 109-85, relative to annexing a .99-acre parcel, subject to R-1AA (Single Family Dwelling) District, located on the south side of Germantown Road, between the E-4 Canal and Homewood Boulevard, if extended south, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 109-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE SOUTH SIDE OF GERMANTOWN ROAD BETWEEN THE E-4 CANAL AND HOMEWOOD BOULEVARD, IF EXTENDED SOUTH; REDEFIN- ING 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. 109-85 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. 109-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 7- 10/22/85 Mayor Campbell left the Council Chambers at this time. Deputy Vice-Mayor Weatherspoon took the chair. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 9. N.W. 15th Avenue Roadway Construction. Council is to con- sider award of a contract to the low bidder, Charles S. Whiteside, Inc., in the amount of $18,612.50 for construction of N.W. 15th Avenue, be- tween N.W. 2nd Street and N.W. 3rd Street, with funds to come from the 1984/85 Reserve Capital Improvement Account. Approval is recommended. 10. IBM System 34 Computer. Council is to consider acceptance of a bid to purchase from the Police Department, IBM System 34 mainframe and associated hardware by the high bidder, American Data in the amount of $13,000. Approval is recommended. 11. Final Plat Approval- Andover Sections 1 and 2. Council is to consider request for final plat approval for Andover Sections 1 and 2, a single family subdivision containing 103 lots, located south of Germantown Road, between the E-4 Canal and Homewood Boulevard, if ex- tended south. Approval is recommended. 13. N.W. 2nd Street Water Transmission Main. Council is to consider award of a contract to the low bidder, A.O.B. Underground Inc., in the amount of $586,149.59 for the water transmission main from the North Water Plant to the new ground storage tank. Approval is recom- mended. 14. Nuisance Abatement. Resolution No. 87-85, assessing costs of abating nuisances in accordance with Section 13-13 on 20 parcels, is before Council for consideration. The caption of Resolution No. 87-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 87-85 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, as mod- ified, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. REGULAR AGENDA 12. Tent Application. Council is to consider a request from Craig Steinhart, Happy Holiday Christmas Trees, for a blanket approval for five years, as long as the space is available, to erect a tent at the northwest corner of Linton Boulevard and U.S. No. 1 for the sale of Christmas trees from November 1 through December 31, 1985. Approval is rec omme nded. Mr. Weatherspoon questioned why the approval on this item was made for five years. The City Manager stated this was at the re- quest of the Director of Development and Inspections; however, they have never done this before and he would recommend that Council only grant the application for one year. - 8- 10/22/85 Mr. Bird moved to approve the request for a tent for Novem- ber 1 through December 31, 1985, subject to meeting the provisions of the ordinance, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 15. Site Plan Extension- Le Village De Provence Phase II. Council is to consider a request for site plan extension for 18 months to March 22, 1987, for Le Village De Provence Phase II, a proposed 88 unit multiple family project, located east of Barwick Road, between the L-32 Canal and High Point Boulevard West. The Planning and Zoning Board and Planning Director recommend approval with the following conditions: (2) That no more than ten (10) continuous parking spaces be allowed without a landscaped island. (3)That all the dumpsters be screened. (4) Remove all Brazilian Pepper (Florida Holly), Melaleuca and Australian Pine trees and replace them with only native tree species. (5) Revise landscape plan to show a minimum of one (1) tree each 40 lineal feet along the perim- eter of the property, in addition to the trees required in condition #4 above. (6)Revise the site plan to show: (i) A pedestrian walk around the lake (ii) Identify the recreation facilities pro- posed and provide pedestrian walks to such facilities. (7) All building walks should be made either of asphalt or concrete material. (8) That the time limitation for this approval pursuant to Sec. 30-22(E) of the Zoning Code be eighteen (18) months. (9) That the conditions of approval of the original site plan remain in effect. Susan Walker, attorney representing S & L Realty Trust Co., the present owner of the property, stated they are requesting an exten- sion of the original site plan. The presentation was made to the P&Z Board on September 18th and they recommended additional conditions because of the passage of time. They considered and discussed the condition pertaining to the parking and decided that they would be receptive to not having additional parking. She would like Council to consider the recommendations of the P&Z Board and approve items 2 through 9. Upon question by Mr. Bird, Ms. Walker advised that it would cost $800 per space for additional parking. Mr. Bird stated he would like to know what the cost to the development would be; if there is a time problem and an additional 35 spaces could not be accommodated within the site plan then he would like to know how many can. If the majority of those spaces can be accommodated by a minor site plan change then he would be willing to accept that change and obtain additional parking. Mr. Bird stated he feels that when a developer comes before Council requesting an extension he should not come with anything less than a developer with a new project would. Ms. Walker advised that some additional parking spaces could be accommodated without a significant change to the site plan; however, to put in all 35 would mandate a totally new plan. Upon question, she stated that approximately 12 spaces could be put in without having a new plan. Mr. Robert Cohn, Planning Director, stated they met with the developer who indicated that the new site plan has 31 of the 35 spaces on it. - 9 - 10/22/85 Mr. Bird questioned if Mr. Cohn would accept a motion to grant the extension subject to the eight items in his memorandum with the addition of the 31 spaces and call it a minor site plan change. Mr. Cohn advised he would have no objection. Mr. Bird moved to grant site plan extension for 18 months for Le Village De Provence, subject to the eight conditions in the Planning Director's memorandum of September 12, 1985, and that 31 ad- ditional parking spaces be provided and considered a minor site plan change, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Jackel - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Before roll call the following discussion was had: The City Attorney stated, for the record, that because the developer is only going to provide 31 spaces and 35 are required that their use of the site would be non-conforming for the future and any expansions they may wish to make would require them to get a site plan modification and bring it up to code. Also, for the record, he would make a declaration of voting conflict on behalf of Mayor Campbell in that Ms. Walker is from the same law firm. At this point the roll was called to the motion. Mayor Campbell returned to the Council Chambers at this time. 16. Sale of City Property. Council is to consider the sale of Lot 24, Block A, Westside Heights Subdivision, located at the corner of N.W. 2nd Street and N.W. 9th Avenue. The City Attorney stated that approximately two years ago Mrs. Durante submitted an offer to purchase this lot which is listed in the public records of Palm Beach County as being owned by the City of Delray Beach. Mrs. Durante and his office have gone through some serious title searches and have been unable to find any document which would indicate that the City actually acquired title to this lot. She has again approached the City to request that Council revisit the issue of the sale of the property. The conditions of the sale would be that the City would be conveying whatever interest it may have in the land by Quit-Claim Deed only; her title insurance company is willing to accept that. 5ir. Jackel stated he would like to see the $3,000 offered for this lot put back into the City in the form of a beautification fund. Mr. Bird stated the policy of Council in the past has been that funds from surplus property go into a separately identified fund for acquisition of property for other uses. Mr. Bird moved that for the sum of $3,000 they convey what- ever interest the City believes it has in Lot 24, Block A, Westside Heights Subdivision, to Mrs. Durante, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Weatherspoon stated he would like to see the developer of this lot pass the potential savings onto the buyer. Mrs. Durante stated she could not guarantee that; however, the less you pay for land, the less the cost of the final product is going to be. At this point the roll was called to the motion. 17. Monitoring Study- Beach Renourishment Project. Council is to consider proposal from Coastal Planning and Engineering, Inc., rel- ative to a one-year monitoring study, 1984 maintenance renourishment project in the amount of $22,200 ($17,000 for monitoring required by DNR and the remaining $5,200 for data and analysis useful in evaluating project performance). Funds are to come from the Beach Renourishment Fund. Approval is recommended. - 10 - 10/22/85 The City Manager advised this is a continuation of the City's monitoring program for the beach and is required by DNR. There are two cost estimates from Coastal Planning and Engineering: Part I is for the DNR required monitoring and Part II, which has two items, would be for the dune profiles and evaluations. Upon question by Mr. Weatherspoon, Mr. Church, City En- gineer, explained the difference between Part I and Part II and advised that he feels it is important to do both. Mr. Bird moved to award a contract to Coastal Planning and Engineering, Inc., in the amount of $22,200 for monitoring required by DNR and the remainder for data and analysis useful in evaluating project performance, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 18. Ordinance No. 113-85 - The Southland Corporation Annexation. Ordinance No. 113-85, relative to annexing an 0.38-acre parcel, subject to GC (General Commercial) District, located at the southeast corner of South Federal Highway and Avenue "H", is before Council for considera- tion on First Reading. If passed, Public Hearing will be held November 26th. The City Manager presented Ordinance No. 113-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 5, INCLUSIVE, LESS THE WEST 38 FEET THEREOF, AND LOTS 37 AND 38, ALL IN BLOCK 27, AND THAT PART OF A VACATED 10 FOOT ALLEY, ALL AS SHOWN ON THE PLAT OF DEL- RATON PARK, ACCORDING TO THE PLAT AS RECORDED IN PLAT BOOK 14, PAGE 9 , PUBLIC RECORDS OF PALM BEACH' COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE SOUTH~ EAST CORNER OF SOUTH FEDERAL HIGHWAY AND AVENUE H'; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 113-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 19. Ordinance No. 114-85 - Amendin~ Code - Buildin~ Codes and Fee Schedules. Ordinance No. 114-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to adopting the 1982 Building Codes, together with the 1984 Amendments, together with Munic- ipal Amendments, including changes in fee schedule for the Standard Building Code, the Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code and National Electric Code, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held November 12th. The City Manager presented Ordinance No. 114-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE I, "IN GEN- ERAL'', AND ENACTING A NL~ ARTICLE I, "GENERAL" WHICH PROVIDES THAT THE BUILDING OFFICIAL SHALL KEEP RECORDS OF THE BUSINESS OF THE BUILDING DEPARTMENT; PROVIDING FOR VIOLATIONS OF THIS CHAPTER; PROVIDING GUIDELINES FOR DEFINING CONFLICTS OF INTEREST BY MEMBERS OF THE BUILDING DEPARTMENT; PROVIDING REGULATIONS FOR THE MAINTENANCE OF BUILDINGS AND PROPERTIES; HURRICANE PRECAUTIONS AND INSPECTIONS; PROVIDING THAT STREET GRADES SHALL BE ESTAB- - 11- 10/22/85 LISHED BY THE CITY ENGINEER; REQUIRING PERMITS FOR SEA- WALLS AND PROVIDING REGULATIONS FOR SUCH PERMITS; BY REPEALING ARTICLE II, "BUILDING CODE", AND ENACTING A NEW ARTICLE II, "BUILDING CODE" WHICH PROVIDES THE CODES ADOPTED AND THE AMENDMENTS THERETO; PROVIDING FOR AP- PEALS; PROVIDING CERTAIN DELETIONS TO THE CODES ADOPTED AND SPECIFIC AMENDMENTS AND ADDITIONS TO THE ADOPTED CODES WHICH INCLUDE REQUIREMENTS THAT DRAWINGS AND SPEC- IFICATIONS BE SEALED BY AN ARCHITECT OR ENGINEER, REGULA- TIONS GOVERNING PLOT DIAGRAM, REGULATIONS CONCERNING THE CONDITIONS OF GRANTING A PERMIT, PROVIDING FOR LONG-TERM PERMITTING; PROVIDING A SCHEDULE OF PERMIT FEES FOR ALL PER~]ITS ISSUED UNDER THE BUILDING CODE, INCLUDING PLAN- CHECKING FEES, REINSPECTION FEES AND FEES FOR ISSUING A CERTIFICATE OF OCCUPANCY; REQUIRING COMPLIANCE WITH ZONING REQUIREMENTS; PROVIDING REGULATIONS FOR WATER- PROOFING ROOFS; REQUIRING COPPER FLASHING EAST OF THE INTRACOASTAL; PROVIDING REGULATIONS FOR GUTTERS AND LEADERS, PROVIDING REGULATIONS FOR COOLING TOWERS, OMIT- TING THE SECTION OF THE STANDARD BUILDING CODE WHICH DESCRIBED STANDARDS FOR STANDPIPES REQUIRED, PROVIDING GUIDELINES FOR THE CONSTRUCTION OF HOLLOW UNITS, PRO- VIDING REGULATIONS FOR RELIEF OPENINGS; PROVIDING AD- DITIONAL GENERAL REQUIREMENTS FOR WOOD CONSTRUCTION INCLUDING HURRICANE STRAPS AND ANCHORS AND REQUIREMENTS FOR PREFABRICATED UNITS; PROVIDING THAT THE WOOD CON- STRUCTION MUST BE OF NATURAL DECAY-RESISTANT OR PRESSURE- TREATED WOOD, AND OMITTING THAT SECTION OF THE STANDARD BUILDING CODE WHICH PERMITS MUD SILLS; BY REPEALING ARTICLE III, "GAS CODE" AND ENACTING A NEW ARTICLE III "GAS CODE" WHICH PROVIDES FOR THE ADOPTION OF THE STAND- ARD GAS CODE, PROVIDES FOR VIOLATIONS OF THE GAS CODE; PROVIDING FOR APPEALS AND LON~G-TERM PERMITTING; PROVIDING FOR OWNER PERMITTING; AND SETTING FORTH' A SCHEDULE OF PERMIT FEES AND FEES FOR LONG-TERM PERMITTING; REPEALING ARTICLE IV, "MECHANICAL CODE" AND ENACTING A NEW ARTICLE IV, "MECHANICAL CODE" WHICH PROVIDES FOR THE ADOPTION OF THE 1982 EDITION OF THE STANDARD MECHANICAL CODE; TO- GETHER WITH THE 1984 REVISIONS; PROVIDING FOR OWNER PERMITTING; REPEALING CERTAIN SECTIONS OF THE ADOPTED CODE, PROVIDING PERMIT FEES INCLUDING REINSPECTION FEES AND LONG-TERM PERMITTING FEES; PROVIDING REGULATIONS BY WORK DONE BY HOMEOWNERS; REPEALING ARTICLE V, "PLUMBING" AND ENACTING A NEW ARTICLE V, "PLUMBING" WHICH' PROVIDES THAT THE 1982 EDITION OF THE STANDARD PLUMBING CODE SHALL BE ADOPTED TOGETHER WITH THE 1984 REVISIONS; PROVIDING FOR A~ENDMENTS AND ADDITIONS TO THE STANDARD PLUMBING CODE, PROVIDING PERMIT FEES, REINSPECTION FEES AND LONG- TERM PERMITTING FEES, PROVIDING FOR PROHIBITED TRAPS, PROVIDING THE LOCATION OF CLEAN-OUTS, PROVIDING AD- DITIONAL GENERAL REQUIREMENTS FOR WATER HEATERS, PRO- VIDING REGULATIONS FOR LAWN SPRINKLERS; PROVIDING FOR APPEALS; PROVIDING REGULATIONS FOR WELLS FOR POTABLE WATER, PROVIDING CERTAIN LIMITATIONS ON THE CONNECTION TO PUBLIC WATER SUPPLY; PROVIDING REGULATIONS FOR WORK DONE BY HOMEOWNERS; BY REPEALING ARTICLE VI "ELECTRICITY" AND ENACTING A NEW ARTICLE VI "ELECTRICITY" WHICH PROVIDES DEFINITIONS; VIOLATIONS; PROHIBITS INTERFERENCE WITH' ENFORCEMENT; PROVIDES RESTRICTIONS ON CONFLICTS OF IN- TEREST; PROVIDES THE AUTHORITY OF THE BUILDING OFFICIAL AND INSPECTORS; REGULATES UNSAFE CONDITIONS; PROVIDES FOR APPEALS; REQUIRES PERMITS; STATES THAT ONLY OWNERS OR LICENSED ELECTRICIANS MAY OBTAIN PERMITS; REQUIRES PLANS AND SPECIFICATIONS; PROVIDES PERMIT FEES; PROHIBITS COVERING UNINSPECTED WORK; REQUIRES NOTICE TO INSPECTOR TO INSPECT PROVIDING THE TIME FOR MAKING AN INSPECTION; ALLOWING TEMPORARY PERMISSION TO FURNISH CURRENT; PRO- HIBITING THE USE OF UNINSPECTED APPARATUS; PROHIBITING THE MISUSE OF AN ELECTRICIAN'S NAME; ALLOWING FOR WORK BY A HOMEOWNER UPON SPECIFIED CONDITIONS; PROVIDING CERTAIN TECHNICAL ELECTRICAL REQUIREMENTS INCLUDING THE CODE ADOPTED; ADDITIONAL SPECIAL REGULATIONS; REQUIRING IN- - 12 - 10/22/85 STALLATIONS NOT COVERED BY THIS ARTICLE TO BE APPROVED BY THE ELECTRICAL INSPECTOR; PROVIDING REGULATIONS FOR RADIO AND TELEVISION ANTENNAE INCLUDING REGULATIONS FOR CON- STRUCTION MATERIALS; PROVIDING FOR ENFORCEMENT OF ANTEN- NAE REQUIREMENTS BY THE ELECTRICAL INSPECTOR REQUIRING PERMITS; SETTING FORTH PERMIT FEES; PROVIDING FOR THE CORRECTIONS OF FAULTY INSTALLATIONS; BY REPEALING ARTICLE VII, "HOUSING" AND ENACTING A NEW ARTICEL VII, "HOUSING" WHICH' SETS FORTH THE CODES ADOPTED; REPEALS CERTAIN SECTIONS OF THE ADOPTED CODES; PROVIDES FOR APPEALS OF THIS ARTICLE; PROVIDES FOR VIOLATION OF THE CODE; PRO- VIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 114-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel- Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 20. Ordinance No. 115-85 - Zoning Ordinance Amendment - Auto- motive Uses. Ordinance No. 115-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to automotive uses in the SC (Specialized Commercial) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 12th. The City Manager presented Ordinance No. 115-85: 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 30-12, "SC, SPECIALIZED COMMERCIAL DISTRICT", BY AMENDING SUBSECTION (B) , "PERMITTED USES", BY LIMITING USES INVOLVING THE SALE OF AUTOMOTIVE PARTS TO THOSE USES WHICH INVOLVE THE RETAIL SALE OF AUTOMOTIVE PARTS, AND BY DELETING THE FOLLOWING PERMITTED USES: AUTOMOTIVE PAINT AND BODY SHOPS, AUTOMOTIVE RENTAL AGENCIES, AUTOMOTIVE REPAIR SHOPS AND GARAGES, AUTOMOTIVE SALES, AUTOMOTIVE WASH ESTABLISHMENTS, MOTORCYCLE SALES, MUFFLER SHOPS, PARKING LOTS AND GARAGES, RECREATION VEHICLE SALES, REPAIR SHOPS, TIRE SALES, REPAIRING AND RECAPPING, TRUCK RENTAL, TRUCK SALES; AND BY RENUMBERING ALL PERMITTED USES; BY. AMENDING SUBSECTION (C) , "CON- DITIONAL USES", TO ADD THE FOLLOWING AS CONDITIONAL USES: AUTOMOTIVE PAINT AND BODY SHOPS, ONLY WHEN ACCESSORY TO A FULL SERVICE AUTOMOTIVE DEALER; AUTOMOTIVE PARTS, WHOLE- SALE SALES; AUTOMOTIVE RENTAL AGENCIES; AUTOMOTIVE REPAIR SHOPS AND GARAGES, ONLY WHEN ACCESSORY TO A FULL SERVICE AUTOMOTIVE DEALER; AUTOMOTIVE SALES; AUTOMOTIVE WASH ESTABLISHMENTS; MOTORCYCLE SALES; MUFFLER SHOPS; PARKING LOTS AND GARAGES; RECREATION VEHICLE SALES; REPAIR SHOPS, EXCLUDING AUTOMOTIVE REPAIR; TIRE SALES, REPAIRING AND RECAPPING; TRUCK RENTALS; TRUCK SALES; RENUMBERING ALL CONDITIONAL USES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 115-85 on First Reading, seconded by Mr. Weatherspoon. Mr. Weatherspoon stated he realizes the intent of this ordinance in trying to control these uses; however, he feels they are forcing the "little man" out of the area. Mr. Bird stated they are not forcing them out of the market; they are saying that the SC district is not a light industrial use area and the Planning and Zoning Board would have to look at it first. - 13 - 10/22/85 The City Attorney stated they have deemed the existence of a site, upon the date of the motion as well as this ordinance, to be if the site was utilized and remains in that configuration. HR also sug- gested that the motion be amended to state that "the ordinance would become effective immediately upon its passage on second and final read- ing and shall be applicable from ~lay 28, 1985". Mr. Jackel amended his motion as advised by the City At- torney, Mr. Weatherspoon amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel- Yes; Mr. Weatherspoon- Yes; ~]ayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 21. Ordinance No. 116-85 - I.R.E. Real Estate Fund, Ltd. Annexation. Ordinance No. 116-85, relative to annexing a 5.0-acre parcel, subject to LI (Light Industrial) District, located south of Linton Boulevard between the F.E.C. Railroad tracks and S.E. 4th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 26th. The City Manager presented Ordinance No. 116-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 7 THROUGH 13, INCLUSIVE, AND THE NORTH SEVEN (7) FEET OF LOT 14, BLOCK 3; LOTS 1 THROUGH 9, INCLUSIVE, AND LOTS 16 THROUGH 30, INCLUSIVE, TOGETHER WITH THE SOUTH 80 FEET OF LOTS 10 THROUGH 15, INCLUSIVE, BLOCK 4; LOTS 1 THROUGH 14, INCLUSIVE, BLOCK 7, ALL AS SHOWN ON THE PLAT OF WEST EL BE RECORDED IN PLAT BOOK 15, PAGE 22 , PALM BEACH COUNTY PUBLIC RECORDS, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED SOUTR OF LINTON BOULEVARD, BETWEEN THE F.E.C. RAILROAD TRACKS AND S.E. 4TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 116-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 22. Ordinance No. 117-85 - Amending Code - Permit Fees- Boats. O~dinance No. 117-85, relative to revising the permit fees for the storage of boats on the beach, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 12th. The City Manager presented Ordinance No. 117-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "MUNICIPAL BEACH'" , BY AMENDING SECTION 17-31, "STORING BOATS", BY AMENDING SUBSECTION (E) TO PROVIDE THAT THE MAXIMUM NUMBER OF BOAT STORAGE PERMITS WILL BE DETERMINED BY THE CITY MANAGER; AND BY AMENDING SUBSECTION (F) TO STATE THAT PER~]ITS SHALL BE MADE AVAILABLE FIRST TO RESIDENTS AND THEN TO NON-RESIDENTS, AND BY PROVIDING THAT THE PERMIT FEES SHALL BE ONE HUNDRED DOLLARS ($100.00) FOR RESIDENTS AND ONE HUNDRED FIFTY DOLLARS ($150.00) FOR NON-RESIDENTS; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 117-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Jackel- No; Mr. Weatherspoon- No; ~layor Campbell - No. Said motion FAILED with a 4 to 0 vote. - 14 - 10/22/85 Before roll call the following discussion was had: Mr. Bird stated that this ordinance represents no change from the way they have been doing it. Upon question by Mr. Jackel, the City Attorney stated they do have an alternate ordinance which would not make the amount different for non-residents. Mr. Bird suggested that they adopt the ordinance which does not address itself to a discriminatory charge. However, they should still give preference to the residents. At this point the roll was called to the motion. The City Attorney advised they could renumber Alternate Ordinance No. 117-85 to Ordinance No. 120-85. The City Manager presented Ordinance No. 120-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "MUNICIPAL BEACH" , BY AMENDING SECTION 17-31, "STORING BOATS ", BY AMENDING SUBSECTION (E) TO PROVIDE THAT THE MAXIMUM NUMBER OF BOAT STORAGE PERMITS WILL BE DETERMINED BY THE CITY MANAGER; AND BY AMENDING SUBSECTION (F) TO PROVIDE THAT THE PERMIT FEE SHALL BE ONE HUNDRED DOLLARS ( $100.00 ); PROVIDING 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. 120-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 23. Ordinance No. 118-85- Zonin~ Ordinance Amendment- Creatin~ MH Zonin~ District. Ordinance No. 118-85, amending Chapter 30 "Zoning" of the Code of Ordinances to create a new zoning district MH (Mobile Home Park) for certain existing mobile home parks, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 12th. The City Manager presented Ordinance No. 118-85: 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 ENACTING A NEW SECTION 30-8.6 "MH (MOBILE HOME PARK) DISTRICT"; AND PROVIDING (A) "PURPOSE"; (B) "DEFINITION"; (C) "PERMITTED USES"; (D) "LOT DIMENSION, SITE AREA, DENSITY COMPUTATION"; (E) "AGGREGATE FLOOR AREA"; (F) "BUILDING SETBACKS"; (G) "GROUND FLOOR BUILDING AREA"; (H) "TOTAL FLOOR AREA"; (I) "BUILDING HEIGHT"; (J) "PARK- ING AND LOADING REGULATIONS"; (K) "WALLS AND FENCES"; (L) "LANDSCAPING"; (M) "SIGNS"; (N) "SPECIAL REGULATIONS"; PROVIDING A GENERAL 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. 118-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 15- 10/22/85 24. Ordinance No. 119-85 - Zoning Ordinance Amendment - Adding Conditional Uses in the GC (General Commercial) District. Ordinance No. 119-85, amending Chapter 30 "Zoning" of the Code of Ordinances to add certain conditional uses and special regulations, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 12th. The City Manager presented Ordinance No. 119-85: 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) DIS- TRICT'' BY AMENDING SUBSECTION (C) "CONDITIONAL USES" BY ADDING DRIVE-IN THEATERS , FLEA MARKETS , AND TRAILER PARKS; BY AMENDING SUBSECTION (N) "SPECIAL REGULATIONS" BY ADDING SUBSECTION (6) TO PROVIDE SPECIAL REGULATIONS FOR TRAILER PARKS INCLUDING, LOT DIMENSION, SITE AREA, DENSITY COMPUTATION; BUILDING SETBACKS; BUILDING HEIGHT; PARKING AND LOADING REGULATIONS; SIGNS; AND ACCESSORY STRUCTURES; BY FURTHER AMENDING SUBSECTION (N) "SPECIAL REGULATIONS" TO PROVIDE CERTAIN SPECIAL ACCESSORY USES FOR MOBILE HOMES AND TRAILER PARKS; PROVIDING A GENERAL 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. 119-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell declared the meeting adjourned at 9:32 P.M. - /~/ City ATTEST: 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 October 22, 1985, which minutes were formally approved and adopted by the City Council on '.-~?~r~./_~..J/~f' · Cit~ 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. - 16 - 10/22/85