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11-12-85 NOVEMBER 12, 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 7:08 P.M., Tuesday, November 12, 1985. 1. Roll call shewed: 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 - City Manager James L. Penni~is'ton and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Council Member Jimmy Weatherspoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of October 22, 1985 and Special Meetings of October 15, 1985 and October 28, 1985, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.a.1. Mrs. Carol Burns, representing Sunshine Place II Day Care Center, stated that she was approved by the Planning and Zoning Board in July, by City Council in August and by the Community Appearance Board two weeks ago. Still, she has been unable to pull her building permit and she just learned she is scheduled to appear before the CAB again tomorrow night. It was her understanding she had received final approv- al at the last CAB meeting. Upon question by Mayor Campbell, she advised that the building is nearly finished. The City Manager advised that the problem began when Mrs. Burns started construction of a day care facility without any permits. At that time the Building Department issued a cease and desist order. Mr. Jim Johnson, Chief Building Official, advised that they have been waiting for all of Mrs. Burns' submissions; it was only a week ago when they had finally received all the documents required. Now it is scheduled for CAB. Her last appearance before CAB was for fence approval only. The appearance before that was part of the conditional use procedure. In response to Mrs. Burns, he explained that it is normal procedure for people involved in construction to periodically check with the Building Department to see how their plans are doing and to find out when they are scheduled for CAB. Upon question by Mayor Campbell, Mr. Johnson advised that Mrs. Burns will be able to get her permit after the CAB Meeting tomorrow night. Mrs. Horenburger stated it seems to her they were doing Mrs. Burns a favor by having her before CAB twice, letting her go forward with the fence and landscaping while they waited for the information needed for building approval. This seems like a case of misunderstand- ing on Mrs. Burns' part. Mr. Jackel agreed and suggested that Mr. Johnson contact Mrs. Burns and explain once more what she has to do. Upon question, the City Manager explained that the minutes of that last CAB meeting talk specifically about the fence. 5.a.2. Mr. O'Connor, representing PROD, expressed concern over the crime problem in Pines of Delray, Rainberry Lakes and Villas of Rain- berry Lakes. There were 43 break-ins within the last 3 months. They are asking Council to do what it can to alleviate this condition. 5.a.3. Mr. O'Connor stated that PROD is anxious to see the City beautified in its e~tiret~. It is their understanding that $2,000 was raised by Hamlet with the intent of beautification contiguous to Hamlet. They feel it would be unfair to expend that money in any other place. The City Manager advised that the money has been set aside in a fund specifically for beautifying that section; it has not been co- mingled with any other funds. 5.a.4. Mr. Lester Rosenbloom, Villas of Rainberry Lakes, discussed the crime in his area and the trauma of being victimized by a burglar. Mr. Bird advised that every uniformed individual asked for in this year's budget was approved. He recommended that these communities being burglarized commit to setting up crimewatch programs. Mayor Campbell asked the City Manager to meet with the Police Chief to confirm the number of break-ins and to determine whether it might need a special investigation. The City Manager advised that they have done that and Sergeant St~fano has been making sure the crimewatch programs are operating. Further, they are trying to put their manpower into the proper time frame and people will be assigned to surveillance for a certain period of time. Ms. Cathy Hauser, head of Crimewatch at Villas of Rainberry Lake, asked Council to assess the number of policemen to the population growth they have. Mr. Joel Port, Villas of Rainberry Lake, noted that they have not only had 43 break-ins, but they have had continuous vandalism as well. On several occasions they have called the police and the police have done nothing but chase the vandals away. They would like them to take names so they can prosecute. Mayor Campbell suggested that if there is a specific incident like that that they contact him personally. He will undertake a correc- tion if there is a problem in the Police Department. Mrs. Shirley Loenberg, Rainberry Bay Security Director, stated that they have Crimewatch and 24 hour security but they still have crime. She feels the Police Department is not doing all it could do. Mr. Carl Harmel, representing Board of Directors of Rainberry Lake, commended the Police Department for the exceptionally good re- sponse they have received to calls in their area. Members of their Board met with members of the Police Department today and on November 25th they are starting their Crimewatch program. A young woman from the audience stated that the last two break-ins in her area were made in the bedroom where her daughter sleeps. 5.a.5. Mr. Tom Haenlon, 613 N.E. 4th Street, stated he learned that the Winn Dixie store on N.E. 1st Street will be closing in January. He is concerned that the people who shop and cash checks there will have to go to the Publix on N.E. 4th Street. He feels it is incumbent on the Administration, Council and the Chamber to do everything possible to keep that Winn Dixie store open. 5.a.6. Mr. Haenlon stated that this past Saturday there was some paving done at the Atlantic Plaza. There was a strong wind that day and the machine they were using created a dust that raised as high as the telephone poles and extended all the way down to Federal Highway. The sidewalk is in now and he feels they should be told to get their grass in as quickly as possible and get it looking presentable. 5.a.7. Mr. Haenlon stated he attended the County Commission meeting where the City made its plea for the Courthouse project on Atlantic Avenue. He complimented the members of the Administration who spoke and particularly complimented Mr. Bird for being so positive and erudite in his remarks and in his responses. He left that meeting feeling that they will get the Courthouse on Atlantic Avenue. - 2 - 11-12-85 5.a.4. Upon question by Mr. Weatherspoon, the City Manager advised that there is a regular patrol unit in that area. Mayor Campbell stated this is the first he has heard of the extreme problem in that area. He recommends scheduling it for workshop as this is not the time to get into it in depth. It was the consensus of Council to put this on a workshop agenda for consideration. The City Manager advised that he received the information only yesterday from the Police Department and had a briefing on it this morning. He and Council need information. If people cannot reach him, he has an Assistant and three secretaries who will take down informa- tion. Mayor Campbell stated that there is no area of the City that does not have their utmost consideration. They are going to do every- thing within their power and will look into increasing their police force, changing their schedules and whatever else is necessary to make their citizens feel safe in their community. Mayor Campbell declared a recess at 7:52 P.M. The meeting reconvened at 7:58 P.M. 5.a.8. Mr. Mike Botos, 919 N.W. 2nd Avenue, stated that he has two annexation petitions, one filed in March and one in June, which were supposed to be on tonight's agenda and which are known as the Garfield annexations. These petitions have been bantered back and forth between the Clerk's office, his office, and Planning and he would like a commit- ment from Council that it will not be passed over again. The City Manager suggested that they consider it on First Reading at a Special Meeting prior to next Tuesday's workshop meeting. Council concurred. Mr. Bird asked if this will allow them to complete the 30 day advertising process in order to pass the ordinances on final reading by the 2nd regular meeting in December. The City Clerk advised there will be enough time. 5.b.1. Mr. Weatherspoon stated that Council authorized lighting at Merritt Park a few months ago and asked for an update on it. The City Manager advised that it has been bid and is scheduled to be completed by January 1st. 5.b.2. Mr. Weatherspoon stated that he mentioned several weeks ago 'about an 8.3 acres owned by the County that needs mowing. Nothing has happened and he questioned this. The City Manager advised he has a meeting with the County on Thursday with regard to all County land in Delray Beach. 5.b.3. Mrs. Horenburger moved to appoint Elaine Roberts, alternate, as a regular member of the Communit~ Appearance Board, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.4. Mrs. Horenburger advised that they have received information on various Youth Councils which have been successful and she will be discussing this with their new Parks & Recreation Director on Thursday and with the Human Relations Committee next Tuesday for input. Hope- fully, they will have a recommendation at the next regular meeting. 5.b.5. Mr. Bird stated he has a concern over a stipulation in the Zoning Ordinances which permits in multi family jurisdictions the building of a duplex on any platted lot. The effect of that in many areas, because the lots are very small, is to have a dramatic increase in the net density. They all recognize the housing need; however, this situation should at least be reviewed by the Planning and Zoning Board. That did not take place with the four duplexes across the street and the net effect of that in an RM-6 area is to build RM-14. He feels those - 3 - 11-12-85 kinds of uses need to be reviewed to make sure they do not have a negative impact. He recommended, in the short term, they direct staff that in the case of a duplex that would exceed the authorized zoning that it be reviewed by Planning and Zoning. Mr. Bird moved that those plans be directed for Planning and Zoning for review; if they have no problem with them they will send them back to the Building Department; if there is a problem they should go through the process, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.6. Mr. Bird suggested they make a formal expression of their commitment with regard to the Courthouse. He recommends sending a letter to the County from the Mayor stating that Delray Beach will ensure that adequate land and parking is made available not only to the Courthouse in its 1st phase but will continue to make sure that in its subsequent growth adequate provisions are made. Mr. Bird moved that such a letter be written and sent, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.7. Mr. Bird stated that when they approved the Camino Real Hotel they authorized only a hotel and a restaurant and did not approve any ancillary uses. So an ice cream shop, sundry store, reservation desk, car rental service, etc. within the hotel would not be approved uses. He suggests an amendment be made to allow those kinds of uses which routinely are found in hotels as ancillary uses. Discussion was had on how to accomplish this. The City Attorney recommended modifying the definition of hotel to allow those uses. Council concurred and directed the City Attorney's office to prepare the change and bring it back to Council. Upon question by Mr. Bird, the City Attorney advised that the Administration will not be prosecuting anyone there for lack of an occupational license pending this change. 5.b.8. Mr. Jackel moved to appoint Mr. Thaddeus Cohen, architect, and Judge Irving Kendall, layperson, as alternate members of the Code Enforcement Board, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.9. Mr. Jackel moved to appoint Mr. Joel Port, engineer, as a regular member of the Code Enforcement Board, seconded by Mr. Weatherspoon. Mayor Campbell stated that he has committed to nominating the appointment of Mr. David Cohen who is presently an alternate member as a regular member when an opening occurred on this board. Mr. Jackel stated that Mr. Cohen is not an engineer. Mr. Bird wanted an opportuni- ty to talk with Mr. Port regarding the subject of Code Enforcement. The motion and second were withdrawn. 5.b.10. Mr. Jackel moved to appoint Mrs. Lillian Feldman as an alter- nate member of the Community Appearance Board. Said motion died for lack of a second. Mayor Campbell noted that they were also given Harvey Brown's resume for this opening. Mrs. Horenburger stated she has told Mr. Brown that she would be in favor of his appointment. Mr. Jackel felt Mr. Brown would serve well on another Board but not on CAB. 5.b.ll Mr. Jackel stated that the City is trying to eliminate crime along West Atlantic Avenue; however, they have crime all over the City. He hopes the Mayor expands this effort City-wide. - 4 - 11-12-85 With regard to the beautification of West Atlantic Avenue between Homewood Boulevard and Military Trail, Mr. Jackel would like to see this area given top priority. This area has been neglected for many years. Mayor Campbell stated that he asked several people working on that beautification to contact Mrs. Davila regarding weeds in the median. He added that while West Atlantic Avenue is extremely impor- tant, it is no more or less important than any other part of the City. Hopefully, the Committee studying beautification will come up with a plan that will allow them to proceed with all of those areas at the same time, similar to what they are doing in Boca Raton. 5.b.12 Mayor Campbell advised he had requested a plan to try to eliminate some of the loitering on West Atlantic Avenue. He felt that if they could get cooperation from the owners of vacant properties where these vehicles park, they might be able to control the situation. The City. Attorney has drawn up an authorization form to be submitted to those property owners designating that the City's Police Department is authorized to keep people off their property. The City Attorney added that this program has not been tested but they feel that it is certainly worth a try. What it amounts to is a bulk use of the Trespass Statutes. By entering into agreements and providing the property owners with necessary signage, they will be able to take steps when problems arise. Council discussion was had regarding the sign. Mr. Sam Portnay suggested they consider posting tow-away zone signs for the same result. Mr. Bird felt metal signs would be an expensive proposition and for the pilot program recommended that they start out with paper signs. Mr. Bird moved to authorize the City Manager to send the letters, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.13. Mayor Campbell stated that he has a request from the Beautifi- cation Committee for the appointment of Mr. Louis Currier. Mr. Jackel moved for the appointment of Mr. Louis Currier to the Beautification Committee, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.14. Mayor Campbell presented a proclamation proclaiming November 14, 1985 as "Career Day". Barbara Smith accepted the proclamation on behalf of the Chamber of Commerce. 5.b.15. Mayor Campbell presented a proclamation inviting citizens to light porchlights, candles or other lights from dusk to dawn on November 19 and 20, 1985, to openly display their desire for world peace. 5~c.1. The City Attorney requested that Ordinance No. 124-85 relative to garbage and trash, be added to tonight's agenda as Item 35. 5.c.2. The City Attorney stated that with the recent Charter change, people running for office will have to designate which Council seat they are running for in the March 1986 election. He suggested Mr. Jackel's seat be #2, Mr. Weatherspoon's #4, Mr. Bird's #1 and Mrs. Horenburger's #3. Upon question he advised that even seats are for even years and odd seats for odd years and added that these will be the permanent seat numbers. Mrs. Horenburger moved to designate seat numbers as outlined 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 Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Attorney explained that prospective Council petitioners will have to now pick up new petitions that have the - 5 - 11-12-85 Council Seat numbers on them and a separate petition form for the Mayor's seat. To clarify, he added that a petitioner cannot have more than one outstanding at one time, i.e., it's one or the other. If a petitioner decides to change seats, he would need separate complete nominating petitions. At this point the roll was called to the motion. 5.b.16. Mayor Campbell asked the City Attorney if it is necessary to call roll on every motion they make; can they have a voice vote on some motions. The City Attorney advised that they must have a roll call on all ordinances; on other motions, some require a roll call. Mayor Campbell asked the City Attorney to look into it and get back to him. 5.d.1. The City Manager asked Mr. Pontek, Public Utilities Director, to speak on the project at 1325 S. Ocean Boulevard which involves an increase in water consumption. Mr. Robert Pontek, Public Utilities Director, stated that they have a 1.3 acre parcel at that location. There is an existing water main tap that services the existing single family unit. The request before them is to increase and add an additional tap for which they do not have a water service agreement. The secondary request is to con- tinue to use the existing water tap and to use a water surge tank to collect the water on-site and redistribute it to the applicant's proposed development of 9 condominium type units. They need direction from Council on whether or not they must have the water service agreement for an increase in use. Mr. Greg Vonberg, representing the developers, stated that they did try to annex into the City. His plan fit within all Code require- ments of the City which allows up to twelve units in RM-15 zoning; however, the Planning and Zoning Board at a workshop meeting felt that six units would be more appropriate. That is the reason they chose to stay in the County. They have submitted a plan for a holding tank which is acceptable. He is not asking for an increased line; they want the one inch water lateral to continue in use on the property. What he needs is a letter from Council stating either yes, he can continue to have the one inch water lateral or, no, he cannot. Council discussion was had at this time. Mayor Campbell stated that if the Planning and Zoning Board felt that was an appropriate density for that site, he would have to back them up. He has no problem allowing continued use of the line as it exists now but with no surge tank. The City Attorney advised that in order to provide service to the additional units, the City would require him to enter into the water service agreement. He would then have to construct his project in accordance with City Codes. If he does not want to enter into the agreement, water service will no longer be provided and he will have to go to the County. Mr. Bird moved that in order to provide service to the addi- tional units, the developer would be required to enter into the water service agreement and would then have to construct his project in accordance with City Codes; if the developer chooses not to enter into the agreement water service will no longer be provided, 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. Upon question by Mr. Vonberg, Mayor Campbell stated that he will be provided with a letter to that effect. The City Manager stated he will have the letter prepared tomorrow. 5.d.2. The City Manager recommended holding a groundbreaking ceremony for the Public Safety Building on December 3, 1985 at 9:00 A.M. Council concurred. 5.d.3. The City Manager advised that this is the second year the City's Finance Department has won the "Certificate of Conformance in Financial Reporting" Award. He explained that this award is the highest form of recognition in governmental accounting and he is very, very - 6 - 11-12-85 proud of their Finance Department and Mr. Huddleston. He presented the Certificate and the Plaque. 6. Mr. Bird moved for agenda approval with the addition of Item 35 'to be Ordinance No. 124-85, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7. Presentation relative to establishment of Consumer Affairs Board (Alfred Straghn). Mr. Straghn, Chairman of the Human Relations Board, discussed the possibility and need for a City Consumer Affairs Board. He outlined the problems the County Consumer Affairs is having with backlog of work and a low budget. They had to take the two workers they had in the South County and put them back in West Palm Beach; so the South County Board is closed. They feel a need to help protect their citizens; he cited used car salesmen preying on their female citizens, as an example. If Council decides not to have a City Consumer Affairs Board, they will ask Council to use its influence to reopen the South County office. Mr. Bird stated that that function goes beyond the borders of any given community. Also, a City Consumer Affairs Board would be ineffective because many businesses would not fall within their juris- diction. Since the South County complex will soon be dramatically expanded, he suggests that Council exert its effort to reinitiate the County's facility which would be available to the entire South County community. Mayor Campbell suggested they draft a resolution to the County to reopen the South County Consumer Affairs and send a copy of that resolution to other civic and political organizations in the South County. Mr. Jackel noted that one of the problems the County Consumer Affairs has is lack of funding. An expanded courthouse will not solve that problem. He will go along with the suggestion made and added they should give the County a reasonable period of time to comply with the request. Then, if the County does not, he suggests consideration be given to using volunteers. Mrs. Elaine Roberts, 312 N. Swinton Avenue, stated that Mr. Bob Ferrell, the new Chairman of the South County Council of Governments has just entered the meeting. Perhaps at their request, he would try to put it on the next agenda. It was the consensus of Council to prepare the resolution as suggested by Mayor Campbell. Mayor Campbell thanked Mr. Straghn. 8. Report on the progress of the Chamber Sign Committee (Ken Rohan). Mr. Ken Rohan, Service to Business Committee Chairman, spoke with regard to the grandfathering-in provisions of the sign ordinance which ends December 17, 1985. Through Jim Johnson's office they were able to get information on the 240 violators and categorize them. They were surprised to find that many fell into categories such as under the canopy signs, setback problems, roof signs, too large, too small, etc. They felt they should look at the intent of the sign ordinance which was adopted ten years ago to see if all of those things are still objection- able today. They are recommending several changes to the sign ordinance which they have submitted to Council. They ask that Council not enforce the violations while considering these changes. Mr. Rohan stated tha~ c~nce the sign ordinance is properly written, staff may be able to approve or deny many signs and lighten the workload of the Community Appearance Board. Mr. Bird stated that he does not believe it was the intention of the Sign Ordinance Committee in 1976 not to have any signs on Atlan- tic Avenue; however, the way the ordinance currently reads is that no sign is permitted in the setback. All buildings along Atlantic Avenue are in the setback therefore the signs on them would be in violation. The intent is to put that kind of enforcement in abeyance pending a completed review of the sign ordinance and the recommendations from the - 7 - 11-12-85 Committee. This will give them the opportunity to reduce the 240 violations down to a reasonable number. Mr. Bird moved that these changes be adopted by staff for the purpose of identification of signs that will be in violation on December 18, 1985 and they will be guided by these provisions until such time as a rewritten ordinance is available, 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. Before roll call, upon question by Mr. Jackel, Mr. Bird stated that the intent is to do a lot of clarification to the sign ordinance and he expects it will probably not be completed until the 1st of the year. At this point the roll was called to the motion. Mr. Bird thanked the Committee for its contribution to this effort. PUBLIC HEARING 9. Ordinance No. 112-85 - Seacrest Shops Annexation. Ordinance N0. 112-85, relative to annexing a 4.2-acre parcel subject to LC (Limit- ed Commercial) District, located on the west side of Seacrest Boulevard between Pineridge Road and Tangerine Trail, 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. 112-85: 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 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE WEST SIDE OF SEACREST BOULEVARD, BETWEEN PINERIDGE ROAD AND TANGERINE TRAIL; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 112-85 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. Bird moved for the adoption of Ordinance No. 112-85 on Second and Final Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 114-85 - Amending Code - Buildinq 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 Munici- pal 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 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. 114-85: - 8 - 11-12-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEAC.{, FLORIDA. AMENDING CHAPTER 9, 'BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTjlCLE I, 'IN GENERAL', AND ENACTING A NEW ARTICLE I, "GENERAL' WHICI~ 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 ESTABLISHED BY THE CITY ENGINEER; REQUIRING PERMITS FOR SEAWALLS 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 APPEALS; PROVIDING CERTAIN DELETIONS TO THE CODES ADOPTED AND SPECIFIC AMENDMENTS AND ADDITIONS TO THE ADOPTED CODES WHICH INCLUDE REQUIREMENTS THAT DRAWINGS AND SPECIFICATIONS BE SEALED BY AN ARCHITECT OR ENGINEER, REGULATIONS GOVERNING PLOT DIAGRAM, REGULATIONS CONCERNING THE CONDITIONS OF GRANTING A PERMIT, PROVIDING FOR LONG-TERM PERMITTING; PROVIDING A SCHEDULE OF PERMIT FEES FOR ALL'PERMITS 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, OMITTING THE SECTION OF THE STANDARD BUILDING CODE WHICH DESCRIBES STANDARDS FOR STANDPIPES REQUIRED, PROVIDING GUIDELINES FOR THE CONSTRUCTION OF HOLLOW UNITS, PROVIDING REGULATIONS FOR RELIEF OPENINGS; PROVIDING ADDITIONAL GENERAL REQUIREMENTS FOR WOOD CONSTRUCTION INCLUDING HURRICANE STRAPS AND ANCHORS AND REQUIREMENTS FOR PREFABRICATED UNITS; PROVIDING THAT THE WOOD CONSTRUCTION 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 STANDARD GAS CODE, PROVIDES FOR VIOLATIONS OF THE GAS CODE; PROVIDING FOR APPEALS AND LONG-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" AN ENACTING A NEW ARTICLE IV, "MECHANICAL CODE" WHICH PROVIDES FOR THE ADOPTION OF THE 1982 EDITION OF THE STANDARD MECHANICAL CODE; TOGETHER WITH THE 1984 REVISIONS; PROVIDING FOR OWNER PERMITTING; REPEAL 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" AN 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 AMENDMENTS 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 ADDITIONAL GENERAL REQUIREMENTS FOR WATER HEATERS, PROVIDING 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 A~TICLE VI "ELECTRICITY' WHICH PROVIDES DEFINITIONS; VIOLATIONS; PROHIBITS INTERFERENCE WITH ENFORCEMENT; PROVIDES RESTRICTIONS ON CONFLICTS OF INTEREST; 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; PROHIBITING 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 INSTALLATIONS NOT COVERED BY THIS ARTICLE TO BE APPROVED BY THE ELECTRICAL INSPECTOR; PROVIDING REGULATIONS FOR RADIO AND TELEVISION ANTENNAE INCLUDING REGULATIONS FOR CONSTRUCTION MATERIALS; PROVIDING FOR ENFORCEMENT OF ANTENNAE 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 ARTICLE 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; PROVIDING A REPEALER, PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVE DATE; - 9 - 11-12-85 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Ms. Teresa Bildt, CRJ Investments, felt that the new fee schedule is extremely high. She noted that it reads $10.00 for each value of $1,000 worth of construction. She presently has a project going on in the City of Delray Beach. Based on the current fee schedule it would cost her $21,000 in permit fees; based on the proposed ordi- nance it would cost her $150,000 in permit fees. She further noted that the $100,000 fee went up from $440 per $100,000 value to $1010 per $100,000 value; over $100,000 went up from $1.50 per thousand to $10.00 per thousand. The City Manager advised that this ordinance is based on the Boynton Beach plan and it has been under research for a little over a year. Mr. Bird stated that not so long ago they went to Court on the question of a fee charged; at that time they could not adequately demonstrate that the fee bore a relationship to the costs incurred so they chose to settle. He would like to delay final passage of this ordinance and in the meantime see if they can justify the fees. Upon question by Mrs. Horenburger, Mr. Ferrell, Vice-Mayor of Boynton Beach, stated that Boynton has had a few complaints but no problems over its ordinance. The City Attorney stated it is his understanding that these fees have been costed out by the Building Department. The public hearing was closed. Mr. Bird moved to defer this item to the Council meeting of December 3, 1985, for final consideration by Council, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: The City Attorney suggested that although they are delaying the ordinance, that they keep the effective date as November 22, 1985 for the increase in fees. Mrs. Horenburger had a problem with postponing this. At this point the roll was called to the motion. lla. Automotive Uses in the SC Zoning District (Ordinance No. 115-85). Mr. Roger Saberson asked Council to clarify its intentions with regard to the applicability of Ordinance No. 115-85, the moratorium on automotive uses, which is the next agenda item. He represents the owner of property on the Northwest corner of Lindell Boulevard and Federal Highway. They had plans prepared in February, 1985, and the project engineer has met will all necessary City staff and has revised plans accordingly. They had not yet reached the point where a building permit was issued and when Council's motion was adopted, they were frozen in their process. Many times in the past, when adopting new ordinances, Council has exempted people who were making good faith efforts in the process to obtainapermit and whose efforts could be documented. The City Attorney explained that Council's direction to staff was that the conditional use requirement is applicable to all properties which were not utilizing automotive uses on May 28, 1985. Mr. Saberson is requesting that Council expand that to be applicable to those prop- erties which were either utilized on May 28, 1985, or had building permits being processed with the City as of May 28, 1985. No Council action was taken at this time. Mayor Campbell and Mrs. Horenburger left the Council Chambers at this time and Deputy Vice-Mayor Weatherspoon took the chair. llb. Ordinance No. 115-85 - Zoning Ordinance Amendment - Automotive Uses. Ordinance No. 115-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to automotive uses in the SC (Specialized Com- - 10 - 11-12-85 mercial) District, 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. 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), "CONDI- TIONAL 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. (Copy of Ordinance No. 115-85 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. 115-85 on Second and FINAL Reading, seconded by Mr. Bird. 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. Vice-Mayor Horenburger returned to the meeting at this time and took the chair. 12. Ordinance No. 118-85 - Zoning Ordinance Amendment - Creating MH Zoning 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 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. 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) "PARKING AND LOADING REGULATIONS"; (K) "WALLS AND FENC- ES''; (L) "LANDSCAPING"; (M) "SIGNS"; (N) "SPECIAL - 11- 11-12-85 REGULATIONS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 118-85 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. 118-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Mr. Bird asked that they amend the appropriate paragraph, where it identifies the size of spaces, to reflect that lots currently in use for this purpose would be permitted under the terms of this ordinance as well. The City Attorney advised that would be a modification to Section 30-8.6(d) (2) to add the language "or if they are otherwise in being as of November 12, 1985". Mr. Bird made a substitute motion to adopt Ordinance No. 118-85 with that modification, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Bird explained that the purpose of the modification is because he is not sure they measured every lot out there. He would not want somebody to put his mobile home on his lot and suddenly find himself in violation. This way, if the lot is currently in use for this purpose even if it's under the minimum size, it is legal. 13. 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 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. Mr. Bird left the Council Chambers at this time and Mayor Campbell returned. 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) DISTRICT" 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. (Copy of Ordinance No. 119-85 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. - 12 - 11-12-85 Mr. Jackel moved for the adoption of Ordinance No. 119-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 14. Ordinance No. 120-85 - Amending Code - Permit Fees - Boats. Ordinance No. 120-85, relative to revising the permit fees for the storage of boats on the beach, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The 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. (Copy of Ordinance No. 120-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 120-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird returned to the Council Chambers at this time. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 15. Request for Solicitation of Funds - Delray Beach Public Library Association, Inc. Council is to consider a request for solicitation of funds from March 2nd through March 15, 1986. Approval is recommended. 16. Final Plat Approval - Verona Woods. Council is to consider a request for final plat approval for Verona Woods, a proposed single family subdivision, located on the south side of Germantown Road, between the E-4 Canal and S.W. 35th Avenue. The Planning & Zoning Board and Planning Director recommend approval subject to the following conditions: (1) That a tree planting plan acceptable to the City be submitted prior to plat recordation; (2) That a contribution based on a pro-rata share according to the number of lots be made toward the installation of a lift station and associated improvements to comply with the Public Utilities memorandum of October 14, 1985. 17. Water Meters and Couplings. Council is to consider splitting award of contract for meters and couplings between Sunstate in the amount of $46,000 and Neptune Water Meter Company in the amount of $33,000 with funds to come from the 1985/86 budget. Approval is recom- mended. - 13 - 11-12-85 19. Abandonment of Easements - Delray Beach Shores. Resolution No. 86-85, abandoning easements for Lots 11 and 12 within the Delray Beach Shores plat, located at the northwest end of Rhodes Villa Avenue, east of the Intracoastal Waterway, is before Council for consideration. The caption of Resolution No. 86-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING EASEMENTS LOCATED WITHIN LOTS 11 AND 12, DELRAY BEACH SHORES, A SUBDIVISION IN THE COUNTY OF PALM BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 86-85 is on file in the official Resolution Book) 20. Nuisance Abatement. Resolution No. 89-85, assessing costs of abating nuisances in accordance with Sections 13-13 and 14-2 on 29 parcels, is before Council for consideration. The caption of Resolution No. 89-85 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 INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 89-85 is on file in the official Resolution Book) 21. Inducement for Delray Park of Commerce, Ltd. Resolution No. 90-85, approving inducement for Delray Park of Commerce, Ltd., located at the southeast corner of Congress Avenue and the L-32 Canal, is before Council for consideration. The caption of Resolution No. 90-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE FINANCING OF THE ACQUISI- TION AND CONSTRUCTION OF A WAREHOUSE/COMMERCIAL FACILITY TO BE LOCATED IN AN ENTERPRISE ZONE LOCATED AT THE SOUTH EAST CORNER OF CONGRESS AVENUE AND THE LWDD32 CANAL IN THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 90-85 is on file in the official Resolution Book) 22. Barwick Park Documents. Resolution No. 91-85, authorizing the Mayor to execute documents for the FRDAP Grant for Barwick Park, is before Council for consideration. The caption of Resolution No. 91-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE DOCU- MENTS RELATING TO FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE PROGRAM GRANT FOR BARWICK PARK. (Copy of Resolution No. 91-85 is on file in the official Resolution Book) - 14 - 11-12-85 Mr. Jackel moved for Consent Agenda approval with the exception of Item 18 which is to be moved to be the first item of the regular agenda, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 18. Automobile for City Manager. Council is to consider award of a contract to the low bidder, Jeff Crippen, in the amount of $12,189.85 for a 1986 Oldsmobile Delta 88, with funds to come from the 1985/86 budget. Approval is recommended. Upon question by Mr. Jackel as to why they are purchasing from a non-local dealer, the City Manager explained that they received three bids, Dan Burns, Jeff Crippen and Cooper. Dan Burns was the high bid and Jeff Crippen was the low bid. Based on that, they could approve the award as is or they could pass on these bids and go back out to bid, confining it to local dealers. Mr. Bird stated he would like to have seen the bid documents for this item. Further, he feels that if an item is worthy of being on their agenda then Council and interested persons deserve backup. Mr. Bird suggested they identify the requirements of the vehicle and go back out for bid from a dealer within the City of Delray Beach. Mr. Weatherspoon questioned the legality of doing this. The City Attorney stated there is some authority for giving preference to bidders who fall into certain specialized characteristics such as minority business or local business to a certain extent. He suggests that Council reject these bids, revise the specs and bid it out. Mr. Bird moved that all bids be refused, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 23. City Council Meeting - December 10, 1985. Council is to consider changing the date for the second Regular Council Meeting in December from December 10th to December 17th. Mayor Campbell explained that the National League of Cities Meeting is on December 7th through 12th and several members of Council are attending. Mrs. Horenburger moved to change the date for the second Regular Council Meeting in December from December 10th to December 17, 1985, with no meeting of any kind to be scheduled on December 10, 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. 24. Additional Parking - Atlantic Plaza, Ltd. Council is to consider authorizing execution of an agreement between the City and Atlantic Plaza, Ltd. relative to additional parking requirements for the Atlantic Plaza Project. The City Attorney explained that in the approval of this project, there were a number of spaces required by the new parking code. Mr. Simon's request is to approve an agreement that would put in abey- ance his payment of the in lieu parking fees for those extra spaces based upon his company having acquired the option on a parcel of proper- ty on the northeast corner of N.E. 1st Street and N.E. 7th Avenue. Mayor Campbell recalled their saying that Mr. Simon did not need to pave those spaces until a future time determined by the City if he acquired the lot. The City Attorney stated there are a number of areas in the agreement that need to be resolved between his office and Mr. Simon; he outlined several of them. - 15 - 11-12-85 Mr. Jackel was in favor of the agreement. Mr. Bird stated his only concern was With the time frame of two years. Upon question by Mayor Campbell, the City Attorney advised that Mr. Simon needs approval in concept and agreement that building permits may be issued pending final execution of this document. Upon the request of Mayor Campbell, Mr. Simon stated he would be willing to wait until the Special Meeting next Tuesday. Mrs. Horenburger had a concern over the conditional use re- quirement. She does not see how they can have an agreement with Mr. Simon stating that at some future time he can have parking on a piece of property currently zoned residential. Mayor Campbell stated all they are saying is that Mr. Simon would not need x number of spaces as required by the Code if he bought this particular lot. Further, they said it was their intent not to require Mr. Simon to pave those spaces until a later time. Mrs. Horenburger was concerned that at a future time there might be a different Council and Planning & Zoning Board who felt differently about granting this conditional use. She would like the City Attorney to consider this point in his discussions with Mr. Simon and make a determination as to whether this needs to be made conditional use now or whether it can hang. Mr. Simon stated he is prepared to go to conditional use application immediately if that is Council's desire. It was the consensus of Council to direct the City Attorney to proceed to negotiate with Mr. Simon and come back to Council next Tuesday with an agreement. 25. Warranty Deed - Delray Beach Elementary School. Council is to consider acceptance of a warranty deed from The School Board of Palm Beach County for a portion of the Delray Beach Elementary School proper- ty at the southeast corner of North Swinton Avenue and N.E. 1st Street. Mr. Bird moved to accept the deed, seconded by Mrs. Horen- burger. 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. 26. Summation of Evaluation and Appraisal Report on the Comprehen- sive Plan. Council is to consider action relative to notifying the State Department of Community Affairs that the City will submit the required evaluation and appraisal report on its Comprehensive Plan when it submits the updated plan. Mrs. Horenburger moved to notify the State Department of Community Affairs that the City will submit the required evaluation and appraisal report on its Comprehensive Plan when it submits the updated plan, 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. Mr. Bird left the Council Chambers at this time. 27. Janitorial Services for City Hall. Council is to consider award of a contract to the low bidder, Kenland Company, in the amount of $1,310 per month for janitorial services for City Hall, with funds to come from the 1985/86 budget. Mrs. Horenburger moved to award the contract to Kenland Com- pany, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, upon question by Mr. Jackel, the City Attor- ney advised that the owner is Kenneth Durante. The City Manager added that they are changing companies because they have not been pleased with Sunshine. They have heard good reports on Kenland Company. - 16 - 11-12-85 At this point the roll was called to the motion. 28. Police Facility Project. Council is to consider award of a contract to the low bidder, Milne & Nicholls, in the amount of $3,157,600 for the Police Facility project, with funds to come from the General Obligation Bond for Public Safety Facility. Mr. Weatherspoon moved for award of the contract to Milne & Nicholls in the amount of $3,157,600 for the Police Facility Project, seconded by Mrs. Horenburger. The City Attorney advised that, as part of Council's motion, they need the authority to add an addition to the contract depending on how the insurance specs come in on builders risk. If they can get it for less, they will do it themselves; otherwise, they may have the contractor add the builders risk insurance into the amount of the contract. Mr. Weatherspoon amended his motion to approve the contract as presented with the exception that a change order would need to be accomplished to add the cost of builders risk insurance if the City requires the contractor to provide it, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 29. Appeal to Decision of Community Appearance Board - Mobil Mart. Council is to consider an appeal of a CAB decision regarding signs at the Mobil Mart, located at the corner of Linton Boulevard and Military Trail. The City Manager advised that they have been asked to remove this item from the agenda as the attorneys were unable to be here. Mr. Bird returned to the meeting at this time. 30. Forcemain 60 - Contract Revision. Council is to consider an increase of $26,928 in the contract amount by Barile Excavating and Pipeline Company, Inc., for a total contract price of $189,444. Force- main 60 will be relocated to prevent damage to existing mature vegeta- tion. The City Manager advised if they followed the original plans, they would be taking down a series of trees along Lowson Boulevard. They have negotiated with Barile to relocate that line away from the trees. They have not given notice to proceed on the project yet. When the City first asked for the change, Barile gave them a figure of $45,000. The engineers negotiated it down to $26,928. He definitely recommends moving it away from the trees. Mr. Jackel noted that at the time they awarded this contract to Barile, he and the Public Utilities Director both stated that this was not the best contractor to hire because of previous experience. Since it is necessary to move the forcemain and since the work has not begun, he suggested they go out to bid again. He sees only trouble ahead with this contractor and feels they should get out of this contract while they have the chance. Mr. Pontek stated they went on site and made the determination that that line should be relocated. They have purposely delayed the asphalt restoration along Lowson to coincide with the project because the relocated line would take about three feet of asphalt out and would cause one way travel on that rOad for some time. He advised that on the original scope of work the next lowest bidder was $23,000 higher than this bidder. Mr. Bird was concerned that if at some point in the future they should four lane Lowson Boulevard, that forcemain would be under a driving lane; that would make it very expensive to maintain. He felt they should consider that and look into alternative locations. Further, he does not feel he has enough information to make a decision now and suggested this be put on the agenda for the November 19th meeting. - 17 - 11-12-85 It was the consensus of Council to postpone further considera- tion of this item until the meeting next Tuesday. 31. Drainage Project - Heron Drive at Albatross Road. Council is to consider the purchase of a 10 foot drainage easement in the amount of $4,000 from Lindell Boulevard to the C-15 Canal to provide outfall for a drainage system to relieve flooding at the intersection of Heron Drive and Albatross Road. Funds are to come from the 1985/86 budget. Michael Marino, 501 Heron Drive, stated he has owned his home since 1978 and it has been flooded twice, on April 24, 1979 and on December 16, 1983, both caused by rising water due to rainfall and causing him property damage and loss. Mr. Church advised that the easement is across private property between two homes at the end of Albatross at Lindell Boulevard. They proposed that site because it is clear and there is 30 feet between the two buildings which would enable them to construct the drainage pipe and acquire that easement to the canal. The other alternative is to go approximately 225 feet to the west where there is an existing 6 foot drainage easement, which is where they originally had it proposed. Because the buildings were only 20 feet apart, they would have needed to put in sheet piling and they estimated that the project would cost $40,000 more at that location. Upon question by Mayor Campbell, Mr. Church advised they would be paying the $4,000 to a party named Mr. Marsh; i.e., approximately $3.00 per square foot. Mr. Bird moved to approve the plan as presented including the acquisition of the right-of-way and acceptance of the appropriate easement deed, 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. 32. Ordinance No. 121-85 - Tradewinds Annexation. Ordinance No. 121-85, relative to annexing a 3.0363+ acre parcel, subject to POC (Planned Office Center) District, located north of Linton Boulevard between Germantown Road and S.W. 10th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be on December 17th. The City Manager presented Ordinance No. 121-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 22 THROUGH 26, INCLUSIVE, AND LOTS 48 THROUGH 51, INCLU- SIVE, LESS THE SOUTH 30.00 FEET THEREOF, SANDS O'SEA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, TOGETHER WITH ALL OF PRINCESS BOULEVARD AS SHOWN ON SAID PLAT LYING SOUTH OF SAID LOTS 22 THROUGH 26, INCLUSIVE, LESS THE SOUTH ONE-HALF (S 1/2) OF PRINCESS BOULEVARD LYING NORTH OF LOTS 47 AND 52 OF SAID "SANDS O'SEA" ALL AS RECORDED IN PLAT BOOK 21, PAGE 27, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD, BETWEEN GERMANTOWN ROAD AND S.W. 10TH 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. Mrs. Horenburger moved for the adoption of Ordinance No. 121-85 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. 33. Ordinance No. 122-85 - Signs and Billboards. Ordinance No. 122-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to exempt and non-exempt signs, is before Council - 18 - 11-12-85 for consideration on First Reading. If passed, Public Hearing will be on November 26th. The City Manager presented Ordinance No. 122-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", ARTICLE VIII, "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-196, "PURPOSE" BY AMENDING SUBSECTION (a) BY REMOVING THE LETTER "(a)"; BY REPEALING SUBSECTION (b); BY AMENDING SECTION 9-200, "PERMITS REQUIRED; EXCEPTIONS", TO CHANGE THE TITLE OF THAT SECTION TO, "PERMITS REQUIRED; APPROVAL PROCESS; VIOLA- TIONS'', AND BY AMENDING SUBSECTION (a) TO PROVIDE THAT ONLY NON-EXEMPT SIGNS SHALL REQUIRE A PERMIT; BY REPEAL- ING SUBSECTION (b) AND BY ENACTING A NEW SUBSECTION (b) WHICH SHALL PROVIDE THE APPROVAL PROCESS FOR SIGNS; AND BY ENACTING A NEW SUBSECTION (c) WHICH SHALL SET FORTH CERTAIN ACTS WHICH CONSTITUTE A VIOLATION OF THIS ARTI- CLE; 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. 122-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 34. Ordinance No. 123-85 - Threshold Buildings. Ordinance No. 12'3-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to special requirements of threshold buildings, is before Council for consideration on First Reading. If passed, Public Hearing will be on November 26th. The City Manager presented Ordinance No. 123-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 9, "BUILDING AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE XVIII, "SPECIAL REQUIREMENTS OF THRESHOLD BUILDINGS" BY REPEALING SECTION 9-569, "DEFINITIONS SUBSECTION (A) THRESHOLD BUILDINGS AND ENACTING A NEW SUBSECTION (A) TO REDEFINE THRESHOLD BUILDINGS IN ACCORDANCE WITH SECTION 553.71, FLORIDA STATUTES; BY REPEALING SECTION 9-570, "PROCEDURES OF THE BUILDING DEPARTMENT REGARDING SPECIAL INSPECTION SERVICES FOR THRESHOLD BUILDINGS" AND ENACTING A NEW SECTION 9-570, "PROCEDURES OF THE BUILDING DEPARTMENT REGARDING SPECIAL INSPECTION SERVICES FOR THRESHOLD BUILDINGS" WHICH SETS FORTH THE PROCEDURES TO BE FOLLOWED BY THE BUILDING DEPARTMENT IN ISSUING A PERMIT FOR A THRESHOLD BUILDING, PROVIDING A STOP WORK ORDER UPON NOTICE OF THE TERMINATION OF THE EMPLOYMENT OF THE SPECIAL INSPECTOR, PROVIDING THAT A CERTIFICATE OF OCCUPANCY SHALL NOT BE ISSUED UNTIL AN AFFIDAVIT OF COMPLIANCE FOR ALL STRUCTUR- AL COMPONENTS IN THE STRUCTURAL INSPECTION PLAN AND SHORING AND RESHORING PLANS HAS BEEN FILED WITH THE BUILDING DEPARTMENT; BY REPEALING SECTION 9-571, "DUTIES OF AN OWNER IN RETAINING A SPECIAL INSPECTOR" AND ENACT- ING A NEW SECTION 9-571, "DUTIES OF AN OWNER IN RETAINING A SPECIAL INSPECTOR" TO REQUIRE THE OWNER TO ENTER A WRITTEN AGREEMENT WITH A SPECIAL INSPECTOR REQUIRING THE INSPECTOR TO COMPLY WITH THE TERMS OF THIS ORDINANCE, PROVIDING THAT MORE THAN ONE SPECIAL INSPECTOR MAY BE UTILIZED BUT THAT AFFIDAVITS OF COMPLIANCE MUST BE FILED FOR ALL STRUCTURAL COMPONENTS SHOWN ON THE STRUCTURAL INSPECTION PLAN OR THE SHORING AND RESHORING PLANS, PROVIDING ACTIONS WHICH MAY BE TAKEN BY THE BUILDING DEPARTMENT FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF - 19 - 11-12-85 THIS ORDINANCE; BY REPEALING SECTION 9-572, "SPECIAL INSPECTORS PRECONSTRUCTION AFFIDAVIT", AND ENACTING A NEW SECTION 9-572, "SPECIAL INSPECTORS PRECONSTRUCTION AFFIDAVIT" WHICH SETS FORTH THE AFFIDAVIT WHICH MUST BE COMPLETED BY THE SPECIAL INSPECTOR AND FILED WITH THE BUILDING DEPARTMENT; BY REPEALING SECTION 9-573, "SPECIAL INSPECTORS AFFIDAVIT OF COMPLIANCE", AND ENACTING A NEW SECTION 9-573, "SPECIAL INSPECTORS AFFIDAVIT OF COMPLI- ANCE'' WHICH SETS FORTH THE AFFIDAVIT WHICH MUST BE COMPLETED BY A SPECIAL INSPECTOR FOR EACH STRUCTURAL COMPONENT SHOWN ON THE STRUCTURAL INSPECTION PLAN OR THE SHORING AND RESHORING PLAN; BY REPEALING SECTION 9-574, "ADDITIONAL REQUIREMENTS FOR THRESHOLD BUILDINGS" AND ENACTING A NEW SECTION 9-574, "ADDITIONAL REQUIREMENTS FOR THRESHOLD BUILDINGS WHICH SETS FORTH THOSE ADDITION- AL CONDITIONS IMPOSED UPON THRESHOLD BUILDINGS BY SECTION 553.79, FLORIDA STATUTES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 123-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 35. Ordinance No. 124-85 - Increase in Garbage and Trash Fees. Ordinance No. 124-85, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances to provide for increases in garbage and trash service charges and fees, is before Council for consideration on First Reading. If passed, Public Hearing will be on November 26th. The City Manager presented Ordinance No. 124-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", SECTION 12-15, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASES IN GARBAGE AND TRASH SERVICE CHARGES AND FEES; 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. 124-85 on First 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. Mayor Campbell declared the meeting adjourned at 10:30 P.M. ATTEST: - - ' M A Y~ R -------- 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 November 12, 1985, which minutes were formally approved and adopted by the City Council on~_~-6/~.~./~-T'. - 20 - 11-12-85 ty 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. - 21 - 11-12-85