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11-26-85 NOVEMBER 26, 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 7:04 P.M., Tuesday, November 26, 1985. 1. Roll call showed: Present - Council Member ~lcolm 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. Pennington, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Nygard, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of ~merica was given. 4. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of November 12, 1985 and the Special Meetings of Novem- ber 5, 1985, November 6, 1985 and November 11, 1985, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.a.1. Mr. Sam Schwimer, representing the Florida Silver Haired Legislature, advised Council of the results and actions taken at their session which ended this week. 5.a.2. Mr. Jack Cady, High Point, stated he feels there has been a vast improvement in the beautification of Atlantic Avenue from High Point to Barwick Road and hopes that the City will keep up the good work. 5.a.3. ~]r. Cady stated that the speed limit on Atlantic Avenue from Congress Avenue to Barwick Road is 45 m.p.h. With the increase of traffic in this area there are quite a few near-misses and he would like to see it reduced to 35 m.p.h. Upon question by Mayor Campbell, the City Attorney advised the speed limits are set by the State Department of Transportation. Mayor Campbell stated he would like the consensus of Council that they write to DOT to have them consider reducing the speed limits on West Atlantic Avenue. Council concurred. 5.a.4. Mrs. Rosetta Rolle, representing the Delray Beach Voters League, asked that Council consider renaming N.W. 2nd Street in the memory of Martin Luther King, Jr. Mayor Campbell stated he would endorse Mrs. Rolle's proposal and asked that the other Council Members give it serious consideration. He also asked that the City Manager get back to them on the appropriate- ness of renaming this street or any other street and have this item placed on the next regular meeting agenda. 5.a.5. Mr. James Bowen, 116 Marine Way, stated Council will soon be considering a proposed ordinance with regard to landlord licenses. This ordinance is designed to bring in money to pay inspectors to inspect the landlords. He questioned what he has been paying the City and the State for all these years he has been a landlord. He feels this ordinance will hurt the good landlords to get to the bad landlords. 5.b.1. Mr. Weatherspoon requested an update on the traffic light situation on 12th Avenue. The City Manager stated everything is ready to go; however, they cannot get it on FP&L's schedule. 5.b.2. Mrs. Horenburger requested that the Youth Council issue be placed on the next regular agenda. 5.b.3. Mrs. HOrenburger moved to appoint Mr. David Cohen from an alternate member to a regular member on the Code Enforcement Board, seconded by Mr. Bird. Mr. Jackel stated the position as regular member is for an engineer. Two weeks ago he nominated Mr. Joel Port, who is an engineer, for the position but withdrew his motion as Mr. Bird wished to interview the gentleman. He feels Mrs. Horenburger's motion is highly irregular and cannot approve of her nomination. Mayor Campbell suggested that Mrs. HOrenburger amend her motion to state that there was a person who did not meet the strict criteria and, therefore, Mr. Cohen would be qualified. Mrs. Horenburger amended her motion as advised by Mayor Campbell, Mr. Bird amended his second. Mr. Jackel questioned why they are throwing out Mr. Port's application and accepting Mr. Cohen as a layperson. He asked the City Attorney for a ruling on this decision. The City Attorney stated the qualifications state that you must appoint people from those categories. Council has to determine whether or not, in their opinion, the person meets the criteria listed for the qualifications. If a person is not readily findable then they can appoint anyone from within those qualifications. If Council deem that Mr. Port is qualified for the position then he would have to be given priority. Mr. Jackel stated there was nothing in Mr. Port's resume to indicate that he was not qualified. Mr. Weatherspoon stated he concurs with Mr. Jackel. He feels if they are going to discuss this at length it should be done at a workshop meeting. Mr. Weatherspoon made a substitute motion that this item be moved to a workshop meeting for consideration, 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 - No. Said motion passed with a 3 to 2 vote. 5.b.4. Mr. Bird stated he has a draft of a proposed communication to the Board of County Commissioners concerning the site proposed for the Courthouse. There were a number of questions that had to be an- swered and he outlined a few of them. He feels they need to give staff direction tomorrow as the City will be up for a hearing before the Commission on December 5th. It was the consensus of Council to hold a Special Meeting tomorrow at 5:00 P.M. to discuss this item. 5.b.5. Mr. Jackel moved to appoint Mr. Jim Smith as an alternate member to the Community Appearance Board, seconded by Mrs. HOrenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.6. Mr. Jackel stated for several years there have been requests to beautify the median strips between Homewood Boulevard and Military Trail along Atlantic Avenue. He requested that Council appropriate up to $50,000 from the contingency fund to put in the irrigation and curb- ing for the medians. He feels that once that is done the people in that area will donate funds to plant trees and shrubs. This same philosophy could also be applied to Federal Highway, Linton Boulevard, A-1-A and Swi nt on Avenue. - 2 - 11/26/85 Mr. Jackel stated he is going to request that Mayor Campbell make a commitment to this project so that it can start immediately and that he instruct the City Manager to begin the process of obtaining DOT approval. 5.b.7. Mr. Jackel stated that in many cities the public comments are held at the end of the meeting. He feels they should consider this as a matter of procedure. Mayor Campbell stated he feels it would be appropriate to consider this at the next regular meeting. 5.b.8. Mayor Campbell stated he had promised to reconsider the beautification program this month after the City Attorney advised them of the statutory change with regard to the other alternatives in the utility tax. He had directed the Beautification Committee and the Beautification Trust to look at the overall beautification program to try to come up with a program that can suit the needs of the City. He hopes that the Cc~mittee will report back to him within the month. 5.b.9. Mayor Campbell stated a few weeks ago they heard from res- idents in Rainberry Bay regarding their crime problem and they were promised it would be discussed at a workshop meeting. He feels that the Police Department is making significant progress in that area and he asked that the City Manager prepare a report so that he can communicate to the Directors of Rainberry. This report will either set their minds at ease or, if it is not an adequate enough report, they can place it on an upcoming workshop agenda. 5.b.10. Mayor Campbell stated approximately one year ago they under- took a review of the cemetery. He feels they should have an update on a cemetery plan for both beautification and making some alterations, one being a mausoleum. Upon question by Mayor Campbell, the City Manager advised Council can expect a report by December 17th. 5.b. ll. Mayor Campbell requested a status report on the demolition of the Arvilla Hotel. Assistant City Attorney Hall advised that they are close to tearing down one building; the other building was sold and the purchaser intends to tear down both buildings. The notices were delivered in enough time for them to be demolished next week. 5.b.12. Mayor Campbell stated he received a letter from some High Point residents with regard to lights on West Atlantic Avenue. He would like a report from staff with regard to the costs. The City Manager advised the Engineering Department has initiated a study on the area and are working with FP&L to obtain the costs. Hopefully, he will have a report by December 17th. 5.b.13. Mayor Campbell stated they have had some discussion regard- ing the railroad station. He requested that the City Manager have the Engineering Department investigate the feasibility of opening an access onto Atlantic Avenue. The City Manager advised they have been talking with the State Highway Department regarding this situation. The State was op- posed to it several months ago; however, he will have the Engineering Department contact them again. Mayor Campbell requested that the City Manager report back to Council on December 17th regarding this matter. 5.b.14. Mayor Campbell stated, with regard to the crime problems on West Atlantic Avenue, that he would like to see some progress made. If the Police Department or the City Manager's Office do not feel that progress can be made Council needs to know the reasons why as soon as possible. He questioned why they have to wait until they get a response from all the property owners along Atlantic Avenue with regard to post- ing signs on their property; there are four main lots where people congregate and the owners of those lots stated they would be interested in helping the City. - 3 - 11/26/85 The City MaD~ger stated they have followed Council's direc- tive in getting the listing of the property owners along Atlantic Avenue. They need to notify all the property owners, not just the ones who have empty lots. If Council wishes they will put additional police- men in the area; however, it will require more money. 5.b.15. Mayor Campbell stated he would like to recognize Grace Krivos, a former Council Member, who is in the audience. 5oc.1. The City Attorney requested that Item 29 be deleted from the agenda and postponed until December 3rd. 5.d.1. The City Manager stated that the first payment is now due to the S.G. Phillips Company, the contractor to the SCRWTD Board, in the amount of $296,822.50. He needs authorization and approval from Council to make this payment. Mrs. HOrenburger moved to authorize payment to the S.G. Phillips Company in the amount of $296,822.50, 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.d. 2. The City Manager stated that, hopefully, on January 1st Section 3 of the recent annexation program will be included in the City. In the interim, there is a project called Delray Office Plaza being constructed on West Atlantic Avenue and there is a problem with the water and sewer connection fees. They have signed a water service agreement, they wish to be annexed into the City and will do so once the Section 3 annexation is brought into effect. HOwever, until then they would be required, as they start construction, to pay the 25% surcharge for being outside the City. He questioned whether this surcharge should be waived for the properties coming into the City under the Section 3 anne xati on. Upon question by Mr. Bird, Mr. Pontek, Director of Public Utilities, stated that the Delray Office Plaza made application for water and sewer service many months ago and signed the annexation agree- me nt. Mr. Bird moved that, because the application preceded the Section 3 annexation, the cost charged be the same as charged to cit- izens even if he does precede January 1st, 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.d.3. The City Manager advised that they have received an offer of a donation of six Royal Palm trees. He received an estimate of $1,900 to relocate the trees and, if Council wishes, they would be transferred to the Delray Elementary School. He is requesting that Council make a transfer of $1,900 from the Council Contingency Fund. Mayor Campbell advised there are now seven palm trees and they have a full donation for the transfer cost. 6. Mr. Jackel requested that Item 14 be removed from the Con- sent Agenda and placed on the Regular Agenda. Mrs. H'orenburger requested that Item 12 be removed from the Consent Agenda and placed on the Regular Agenda. Mr. Jackel moved for approval of the agenda with Items 12 and 14 to be moved to the Regular Agenda and Item 29 to be deleted, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel ~ Yes; Mr. Weatherspoon - Yes; 51ayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 4 - 11/26/85 PUBLIC HEARING 7. 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 in the southeast corner of South Federal Highway and Avenue "H", is before Council for considera- tion 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. 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 PALM BEACH COUNTY, FLOR- IDA, 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. (Copy of Ordinance No. 113-85 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. 113-85 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. 8. Ordinance No. 116-85 - I.R.E. Real Estate Fund~ Ltd. Annexa- tion. 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 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. 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 SOUTH 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. 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. - 5 - 11/26/85 Mr. Jackel moved for the adoption of Ordinance No. 116-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Mr. Bird stated that there is some County land in this area and if the applicants are interested in annexing they could perhaps set up a referendum. Under the rules for annexation, you can take parcels of land and, if there are no residents living on them, as is the case here, you can go to the commercial property owners and ask them to agree to annexation and the majority rules. This would help enable the City to clean up those County areas. Mayor Campbell stated that the property in question is owned by Dan Burns. He suggested that they tell him these are the options and would he voluntarily come into the City. Mr. Bird made a substitute motion to postpone Second and FINAL Reading of Ordinance No. 116-85 to December 17th at 7:00 P.M., 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. Jackel left the Council Chambers at this time. 9. 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 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. 122-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', 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 SUB- SECTION (a) BY REMOVING THE LETTER "(a)"; BY REPEALING SUBSECTION (b); BY A~ENDING SECTION 9-200, "PERMITS REQUIRED; EXCEPTIONS"; TO CHANGE THE TITLE OF THAT SEC- TION 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 AR- TICLE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 122-85 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. 122-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. H~renburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 123-85 - Threshold Buildings. Ordinance No. 123-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to special requirements of threshold buildings, is before Council for consideration on 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. - 6 - 11/26/85 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, "SPE- CIAL 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 RE- GARDING SPECIAL INSPECTION SERVICES FOR THRESHOLD BUILD- INGS'' WHICH SETS FORTH THE PROCEDURES TO BE FOLLOWED BY THE BUILDING DEPARTMENT IN ISSUING A PERMIT FOR A THRESH- OLD BUILDING, PROVIDING A STOP WORK ORDER UPON NOTICE OF THE TERMINATION OF THE EMPLOYMENT OF THE SPECIAL IN- SPECTOR, PROVIDING THAT A CERTIFICATE OF OCCUPANCY SHALL NOT BE ISSUED UNTIL AN AFFIDAVIT OF COMPLIANCE FOR ALL STRUCTURAL 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 THIS ORDINANCE; BY REPEALING SECTION 9-572, "SPECIAL INSPECTORS PRECONSTRUCTION AFFIDAVIT", AND ENACTING A NEW SECTION 9-572, "SPECIAL INSPECTORS PRECONSTRUCTION AF- FIDAVIT'' 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 9-5 73, "SPECIAL INSPECTORS AFFIDAVIT OF COM- PLIANCE'' WHICH SETS FORTH' THE AFFIDAVIT WHICH MUST BE COMPLETED BY A SPECIAL INSPECTOR FOR EACH' STRUCTURAL COM- PONENT SHOWN ON THE STRUCTURAL INSPECTION PLAN OR THE SHORING AND RESHORING PLAN; BY REPEALING SECTION 9-5 74, "ADDITIONAL REQUIREMENTS FOR THRESHOLD BUILDINGS" AND ENACTING A NEW SECTION 9-5 74, "ADDITIONAL REQUIREMENTS FOR THRESHOLD BUILDINGS WHICH' SETS FORTH' THOSE ADDITIONAL CONDITIONS IMPOSED UPON THRESHOLD BUILDINGS BY SECTION 553.79 FLORIDA STATUTES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 123-85 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. 123-85 on Second and FINAL Reading, seconded by Mrs. H~orenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Jackel returned to the Council Chambers at this time. - 7 - 11/26/85 11. Ordinance No. 124-85 - 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 charges and fees, 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. 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. (Copy of Ordinance No. 124-85 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. Mr. Charles Philli~e, High Point, questioned what the new fees will be. The City Attorney outlined what the rates will be for the different types of services. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 124-85 on Second and FINAL Reading, seconded by Mrs. HOrenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 13. Water Main Relocation - Swinton Avenue. Council is to consider award of a contract to Southern Pipeline in the amount of $31,900 for relocation of water line from Atlantic Avenue to North First Street. Approval is recommended. Mr. Bird moved for approval of the Consent Agenda, as mod- ified, 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. REGULAR AGENDA 12. Beach Party. Council is to consider authorizing a beach party to be held on November 30th from 8:00 p.m. to 12:00 p.m. around the Pavi lion. The City Manager advised they received a request from a group from Atlantic High School who were interested in having a beach party. Staff expressed their concerns and came up with a list of things which would have to be done if Council saw fit to authorize the party. The City will be assuming a certain amount of risk. He is estimating that it will cost the City approximately $1,500; this includes the cost of the band, soft drinks, fees for police officers, lifeguards and park rangers. There will also be an additional cost of approximately $600 for electric. Upon question by Mayor Campbell, the City Manager advised that the parking will be limited to A-I-A, Sandoway Park and the other park adjacent to the Holiday Inn. - 8- 11/26/85 Mr. Bird moved to authorize a beach party to be held on November 30th from 8:00 p.m. to 12:00 p.m. around the Pavilion, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel- Yes; Mr. Weatherspoon- Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mrs. Horenburger stated she has a problem with this idea, waiving two of the City's ordinances, the precedent it will set with regard to future use of the beach and the cost. Upon question by Mayor Campbell as to whether or not the City has the power to waive an ordinance, the City Attorney advised they have home rule authority to do anything that is not otherwise prohibited by the Constitution. The City Manager can waive the noise ordinance and, arguably, the assembly prohibition on the beach waiver is taken care of if this is considered a City sponsored event. Mayor Campbell stated that is his problem; he cannot condone a City sponsored event and feels the precedent is bad. He does not believe that this event will be a controlled circumstance when it is being held across the street from three bars and feels it is an attraction the City would not want to encourage. Mrs. Elizabeth Matthews, 1024 White Drive, stated she con- curs with the remarks made by Mrs. Horenburger and Mayor Campbell. She feels this event will attract youths from many other communities and hopes Council will consider this very carefully before approving it. Ms. Melinda Bird, 724 Sunshine Drive, representing the youth council, stated she would like to address the concerns addressed by the Council Members and Mrs. Matthews. They have thought out all the pos- sibilities and have taken precautions; she outlined some of the pre- cautions they will be taking. They hope to be able to portray to the community that they are responsible teenagers, can have a function like this, control it and set a good precedent. Upon question by Mr. Jackel, Ms. Bird advised that as a youth council they went through their costs and prepared a budget; their budget, without paying the officials, comes to approximately $646. The City Manager has estimated that the officials would cost approximately $400 to make a total of approximately $1,000. The City Attorney clar- ified that the budget Ms. Bird is referring to is a list of anticipated expenditures for the City which will be defrayed, in part, by the sale of soft drinks. Mayor Campbell stated he cannot agree that, at that public location, it will be appropriate to have a band playing, in the evening, across from two bars which have a bad reputation. He feels they should have a party but not at that particular place. Mr. Weatherspoon commended Ms. Bird and the youth council for being so well prepared. He does have some concerns regarding this event; however, he feels they should give them a chance and the op- portunity to prove that they can be responsible and have a controlled pa rty. At this point the roll was called to the motion. 14. Reclassification. Council is to consider reclassification of the temporary position of Special Management Information Programs Coordinator to a regular full position titled Supervisor, Projects and Legislative Affairs. The position will be assigned to the City Manager's Office and funding will come from the City Manager's contingency. Approval is recommended. - 9 - 11/26/85 Mr. Jackel stated that this person's salary is now $17,900; they are proposing to give her a salary of $19,700, which is the begin- ning of the scale, and goes up to $28,000. He feels this is a lot of money for the job. Further, the title is being changed to Supervisor, Projects and Legislative Affairs; there is nothing in her background to deserve the title of Supervisor. If an adjustment in salary is required because the job is going from temporary to full time, they can do that, but he can see no justification for upgrading the title and increasing the salary. Upon question, Mayor Campbell advised this person will be handling special projects which Council needs assistance on and they have deemed that it is a very appropriate and worthwhile position. ~]r. Weatherspoon stated that the title Supervisor implies that you will have people working under you. He questioned why they could not keep the title Information Programs Coordinator. The City Manager stated he does not feel that that title is appropriate for the way the position is going to function. There is a supervisors role in the full time position and that title means a lot when you are dealing with Legislative Affairs. Upon question by Mr. Jackel, Mrs. HOrenburger advised that this person does have experience in legislative affairs and was a lobby- ist for the Florida Student Association in Tallahassee. Mr. Bird stated if this person is expected to coordinate with staff members, who are going to be brought together in an ad hoc committee, then the supervisory responsiblity, if not in the title, needs to be noted in the job description. Mr. Bird moved to approve the reclassification of the tem- porary position of Special Management Information Programs Coordinator to a regular full position titled Supervisor, Projects and Legislative Affairs, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 15. Community Redevelopment Agency- Line of Credit. Council is to consider increasing line of credit. Mr. Ken Simback stated that two weeks ago Council approved an agreement with the CRA for a loan of $100,000. After reviewing their pending contract for the downtown redevelopment master plan, and their projected operating expenses for the coming year, they are asking that Council consider a line of credit of $150,000. Mr. Bird moved that they approve the increase line of credit to the Community Redevelopment Agency and authorization to enter into the loan agreement in the amount of $150,000, 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 the following discussion was had: Mr. Jackel stated the budget allows for $100,000 and ques- tioned where the $50,000 will come from. He is going to approve this increase; however, he would not like to see the CRA come back to Council for more money. Mr. Bird thanked Mr. Simback for his involvement and con- tinued support of the City's efforts to get a courthouse in the downtown area. Upon question by Mr. Weatherspoon, Mayor Campbell advised that the extra money will be coming from Council contingency. - 10 - 11/26/85 At this point the roll was called to the motion. 17. Salaries - City Manager and City Attorney. Mayor Campbell advised that he has furnished Council with a memorandum stating that the City Manager and City Attorney be given an increase, in addition to the increase alloted for cost of living. This would bring them to the level of highest paid City employees. Mr. Bird moved to approve the increase as advised by Mayor Campbell, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. HOrenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion FAILED with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Jackel stated he feels that these salaries should be considered at budget time next year. Mayor Campbell advised that they did discuss, at the budget hearings, an increase in the cost of living and the appropriate time being this fall to consider any merit increases. Mr. Bird stated he has a problem with the philosophy behind Mayor Campbell's memorandum. He questioned if the current job positions and salary ranges of the City Manager and City Attorney are the highest two in the City. He was advised that the positions have no ranges; the minimum and maximum are both the same and there is no top-out. He stated that he does not feel they should be given increases just because a Department Head is making more money than the City Manager. He sug- gested that it might be appropriate to establish a policy whereby the City Manager and City Attorney performance reviews are completed by Council in a timely enough manner that this discussion occurs in April, in time for them to make their input to the budget process. Their salary increases would then be discussed at the same time as every other City employee. Mr. Weatherspoon stated he would like to see something that they can measure the City Manager's and City Attorney's performance against. He feels this is something they need to consider. Mayor Campbell stated if they really respect the positions then they must be the highest paid people in the City. He feels that they are unique in that they are the only two people, under the City Charter, that have their salaries set by Council. Mr. Jackel stated he concurs with Mr. Bird. He feels the procedure is incorrect and they should handle this matter at the proper time. At this point the roll was called to the motion. 18. Additional Parking- Atlantic Plaza, Ltd. Council is to consider authorizing execution of agreement between the City and Atlan- tic Plaza, Ltd., relative to additional parking requirements for the Atlantic Plaza Project. The City Attorney advised they did address the issues which Council raised at their last meeting. Subsequent to that, they re- drafted the agreement, with the changes and requests incorporated, and distributed the revised agreement to Council this evening. Mr. Bird moved to authorize execution of draft agreement #3 between the City and Atlantic Plaza, Ltd., relative to additional park- ing requirements for the Atlantic Plaza Project, 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. - 11 - 11/26/85 Before roll call, upon question by Mr. Jackel, the City Attorney advised to his knowledge Mr. Simon and his attorney are in concurrence with the amended agreement. There was at one time a sug- gestion that they include a paragraph which essentially made for binding arbitration by a traffic engineer if there was a dispute between the parties. That request is not in the final agreement; it would be the City's choice but they could receive input from someone of that nature. At this point the roll was called to the motion. Mrs. HOrenburger left the Council Chambers at this time. 19. Interlocal Agreement- Comprehensive Planning. Council is to consider authorizing the execution of an Interlocal Agreement between the City and Palm Beach County relative to comprehensive planning. Mayor Campbell stated that this item is a follow up on the resolution sent to the County Commissioners requesting that all the property in the unincorporated areas be brought into line with the City's comprehensive plan. The purpose of this item is to ask that the County, pursuant to the current Local Government Comprehensive Planning Act, as modified recently by the Legislature, recognize formally that the City's planning area is the reserve area and that the pockets should be under our planning purview rather than the County's. Mr. Bird moved to authorize execution of an Interlocal Agreement between the City and Palm Beach County relative to comprehen- sive planning, 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. Before roll call, the City Attorney advised that Council will perhaps see subsequent amendments as they begin to hone in on what precisely they are going to do. This gives them the basic foundation. At this point the roll was called to the motion. ~layor Campbell left the Council Chambers at this time. Deputy Vice-Mayor Weatherspoon took the chair. 20. Transportation Goals and Policies - Treasure Coast Regional Planning Council. Council is to consider draft of transportation goals and policies proposed by Treasure Coast Regional Planning Council. Mr. Bird advised that the TCRPC sent to all local govern- mental entities their proposed language for the DIR transportation portion of their policies. The effect is that they would require a level of service which does not take into account urban realities. This would have an effect on future developments to the extent that they have asked that all development, which has been approved, be placed on the roads. They are asking that the TCRPC go back, reconsider these kinds of problems and, hopefully, come up with a different wording for their transportation language. There will be a committee meeting on December 6th when the Policies and Goals Subcommittee of the TCRPC will be con- sidering input; this item is proposed as the input from the City of Delray Beach to that body. He would recommend that Council approve it. Mr. Bird moved to approve the draft as outlined, 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. Mayor Campbell and Mrs. HOrenburger returned to the Council Chambers at this time. 21. Appeal to Decision of Community Appearance Board - Mobil Mart. Council is to consider appeal of CAB decision regarding signs at the Mobil Mart, located at the corner of Linton Boulevard and Military Trail. - 12 - 11/26/85 Mr. Gary Conkey, representing Mobil Mart, stated they start- ed this project in April and since that time have had several meetings with the City staff. They are architecturally harmonious to the shop- ping center in color and in design; this was based on comments made by Council and the CAB. He advised that Mobil Mart could put up two full signs of 25 feet in height; however, they are only asking for one at a maximum of ten feet. They feel that they have more than satisfied the request by Council to be as harmonious as they can with the adjacent center. At this time Mr. Conkey showed Council what the sign will look like. Mrs. Alice Finst, CAB member, stated that Mobil Mart was supposed to be a low-key operation similar to Old Harbor. Upon question by Mr. Weatherspoon at to what hardship would be created if they were not permitted to erect a free-standing sign, Mr. Conkey stated that he does not believe you would do anything but create a traffic problem without a price sign which can be seen from the road. They like to put the price where people can see it. Mr. Weatherspoon stated he has no problem with a free-standing sign if it is done in good taste. Mr. Bird questioned, if he were to view the facility from any position, how many signs would he see. Mr. Conkey advised they have one sign on the building which identifies it as being Mobil Mart and have eliminated every other sign to satisfy the CAB. This is one of the main reasons they are asking for a free-standing sign. The proposed sign is perpendicular to one highway or the other; if you come from Linton Boulevard you would only see the edge of the sign, if you are travelling north or south on Military Trail you would be able to see what is on it. Upon question by Mr. Jackel, Mr. Conkey advised the height of the proposed sign, including the base, is 10 feet 6 inches and the width is 8 feet. Mayor Campbell stated that they did not want a free-standing sign on the road. He feels that they are taking advantage of Council as the developer stated he would do one thing and they are now asking for another. Mrs. HOrenburger moved to uphold the decision of the CAB, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Jackel- Yes; Mr. Weatherspoon- No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. 22. Appeal to Decision of Community Appearance Board - Post Office Parking Lot, 360-364 N.E. 3rd Avenue. Council is to consider appeal of CAB decision relative to barbed wire security screening along the top of the chain link fence and deletion of a visual screening requirement along the west property line. Mr. James Owens, Jr., representing the owners, stated there are two issues; the first is that they wished to have barbed wire secu- rity screening on top of a six foot chain link fence and the second is the requirement of a visual screening along the rear property line abutting an alley right-of-way. Mr. Jackel questioned why they want barbed wire. Mr. Owens stated that the lot is leased to the United States Post Office as their employee parking lot. One of the contingencies to the purchase of the property was barbed wire screening; it is a requirement of the USPO. With regard to the hedge, he stated that their position is, according to their interpretation of the Code, that they are not required to screen anything along the alley. - 13- 11/26/85 Mrs. HOrenburger stated she is sorry that the owner of the lot is not here tonight because she would have told him that she is very disappointed in the appearance and maintenance of that lot. The shrubery and trees are dying from lack of a timer on the watering system. Mr. Owens stated there has been considerable work done within the last two weeks and are in the process of putting in a well. In the lease the Post Office was designated as responsible for landscape maintenance. They are renegotiating the lease and taking that responsibility upon themselves to satisfy the City's requirements. Mr. Bird stated that if they can reduce their police en- forcement problem by readjusting the CAB regulations as they relate to screening, so as to permit a patrol car to have a visual sight within the lot, then it may be in their own best interest. HOwever, he would not support having the barbed wire. Upon question by Mr. Jackel, Mr. Owens stated he believes the term of the lease is for two years. Mr. Jackel suggested that they grant the owner what he is asking for for a period of two years. At the end of that time they should review the case once more. Mr. Jackel moved that they allow the barbed wire security screening along the top of a chain link fence and delete the visual screening requirement along the west property line for a period of two years, at which time they will review the case, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call, Mayor Campbell stated that they do entrust the CAB to sit as a board of review in these matters and he will have to uphold their decision. At this point the roll was called to the motion. 23. Final Plat Approval - Lake Ida Commerce Center. Council is to consider request for final plat approval for Lake Ida Commerce Cen- ter, a Planned Commerce Center development, located at the northeast corner of Congress Avenue and Lake Ida Road. The Planning and Zoning Board and Planning Director recommend approval subject to the following conditions: ( 1 ) That prior to plat recordation, calculations relating to the contribution to be made to the City to assist in the construction of the two additional lanes on Congress Avenue (i .e., to ultimately widen the road from four lanes as programmed to six lanes as planned) along the frontage of the property should be submitted and approved. (2) Revise paving and drainage plans as follows: Show an increase in the sixty (60) foot road section to sixty-six (66) feet so as to in- corporate a sidewalk; and revise improvement plans for the eighty foot right- of-way in accordance with the conditions of re zoning to PCC Planned Commerce Center prior to any site plan approval. (3) Detail the dimension of the sidewalk; a six (6) foot bike path must be provided along Congress Avenue and Lake Ida Road, and should be located at the rear of the future right-of-way lines. Also, the internal sidewalks must be 6 feet. (4) Revise the plat to incorporate the following: (i) clearly indicate the outline of lot boundaries; (ii) show the names, address and the telephone number of the developer. (5) Revise the Water and Sewer Improvement Plans as fol lows: (i) To satisfy the objections of the Utility Department as stated in their memorandum of August 14, 1985. - 14- 11/26/85 (ii) Correct the description of the force main which is twenty (20) inches. (iii) Indicate the capacity of the pumping sta- tion. (6) That permits from the S.F.W.M.D. and approval from L.W.D.D. be obtained. (7) That permission from the South Central Regional Wastewater Treatment Board to utilize their pro- posed retention areas be obtained. (8) All traffic pavement markings should be thermo- plastic. Mrs. HOrenburger moved for final plat approval for Lake Ida Commerce Center, 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. 24. Site Plan Approval - TroNic Isle Plaza. Council is to consider request for site plan approval for Tropic Isle Plaza, a pro- posed 14,680 square foot strip commercial center, located east of U.S. Highway No. 1 between the South Delray Shopping Center and Dumar Plaza. The Planning and Zoning Board and Planning Director recommend approval subject to the following conditions: (1) That this tract be replatted prior to the receipt of a building permit. (2) That right turn lane into the project entrance should provide 100 foot transition and 100 foot stacking dimension or other dimensions acceptable to the Florida Department of Transportation. (3) All roadway construction and curb cuts must con- form to Florida Department of Transportation and the City of Delray Beach standards. (4) Provide traffic signs to regulate the flow of traffic from cross-access lanes if provided. (5) That the loading berth be clearly demarcated by stripping and the placing of "no parking signs". (6) Provide an additional mahogany tree along the eastern property line in order to accommodate a solid tree line with trees planted twenty-five (25) foot on center. (7) Revise engineering plans to indicate: (i) that the existing storm sewer is sized to take additional runoff; (ii) drainage design calculation; (iii) that the existing manhole shall be with a "core" method; (iv) that the proposed fire hydrant located to the west of the site be adjusted so as to permit greater access of the entrance roadway. (8) That the proposed layout of the water mains be revised to satisfy the objections of the Public Utility Department. (9) All improvements shall be made in accordance with the approved site plans. (10) This approval will expire within eighteen (18) months unless at least twenty-five (25) percent of the total cost improvements are made by that time. If the approval expires, request for extension must be made in accordance with Section 30-22(E) of the Zoning Code. Mrs. Horenburger moved for site plan approval for Tropic Isle Plaza, 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. - 15 - 11/26/85 25. Site Plan Approval - Public Safety Facility (Revised). Council is to consider a City initiated request for site plan approval for Public Safety Facility. The Planning and Zoning Board and Planning Director recommend approval subject to the folowing conditions: (1) Items 1, 3, 6, 7, 8 (Engineering Department memo- randum of April 15, 1985). (2) Provide five hydrants with a maximum 500 feet spacing of road travel. (3) That prior to final plat approval, the fourteen (14) foot alley and the thirty (30) foot right-of- way be abandoned, and, in addition, that S.W. 3rd Avenue be abandoned subject to the granting of an access easement as approved by the City, and that these changes be reflected on the survey. (4) That the reserve area to the south of the property be sodded, until the time of future expansion, provided this can be accommodated within the budget (i.e. include as an alternate bid item). (5) That the five (5) foot sidewalk be continued along S.W. 3rd Avenue to the eastern entrance of this facility. (6) Revise landscape plan to reflect changes as shown on the revised site plan. (7) That the site plan be revised in order to relocate the planters so as to facilitate greater sight di stance. (8) That all improvements be completed in accordance with the approved site plans, except as modified by the conditions outlined above. (9) That the time limitation of this approval be eighteen (18) months pursuant to Sec. 30-22(E) of the Zoning Code. Mr. Bird moved for site plan approval for Public Safety Facility, 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. 26. Consultant Services for Comprehensive Plan. Council is to consider award of a contract to Solin & Associates for preparation of the Land Use Plan and to Walter H. Keller, Inc., for transportation review of the Land Use proposals. Mayor Campbell stated the first motion would be to approve the increase per the requisition of the Planning Department for the ad- ditional $10,000 budget allocation. Mr. Bird moved to approve the increase per the requisition of the Planning Department for the additional $10,000 budget allocation, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Horenburger- Yes; Mr. Jackel- Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Robert Cohn, Planning Director, stated the review com- mittee interviewed five firms and the top three were selected for pre- sentation to Council. The Selection Committee is recommending that the Land Use Plan contract be awarded to Solin & Associates with Edward Mitnick and that Walter H. Keller, Inc., with Leigh Kerr & Associates, be awarded a contract specifically to do the transportation review of the Land Use proposals. This will be a joint venture and give the City the best possible Land Use Plan. He has asked that the three firms be present tonight to make brief presentations to Council. Representatives from the firms of Solin & Associates with Edward Mitnick, Walter H'. Keller, Inc., with Leigh Kerr & Associates and Wallace Roberts and Todd, with ERA and Kimley Horn each gave a brief presentation outlining their experience and the proposals they submitted to the City. - 16 - 11/26/85 Mr. Bird moved that staff be authorized to negotiate a contract with Solin & Associates with Edward Mitnick for preparation of the Land Use Plan and a separate contract be negotiated with Walter H. Keller, Inc., with Leigh Kerr & Associates for transportation review of the Land Use proposals, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger- Yes; Mr. Jackel- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 27. Maintenance of Existing Zoning of all Land Accessing onto Military Trail. Resolution No. 92-85, requesting the Board of County Commissioners to maintain the existing zoning of all land accessing onto Military Trail in the west Delray Beach and Boynton Beach reserve areas, is before Council for consideration. The City Manager presented Resolution No. 92-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE BOARD OF COUNTY COM- MISSIONERS TO REJECT REZONINGS OF PROPERTY ON OR NEAR MILITARY TRAIL WHICH WOULD RESULT IN DEVELOPMENT WITH' INCREASED TRAFFIC INTENSITY UNTIL THE WIDENING OF MIL- ITARY TRAIL TO FOUR LANES. (Copy of Resolution No. 92-85 is on file in the official Resolution Book) Mr. Weatherspoon moved for the adoption of Resolution No. 92-85, 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. Mr. Bird left the Council Chambers at this time. Mayor Campbell questioned if it is necessary to read the captions of ordinances twice under any provision of the Charter. The City Attorney advised they need to publish to the audience what you are about to adopt. You do need to read them twice under the Statute on ordinance adoptions. Mrs. HOrenburger stated it is her understanding that other cities do not read the captions for both first and second readings. The City Attorney stated they have traditionally published the caption in both instances. Mayor Campbell requested that the City Attorney look into this matter and get back to Council. 28. Ordinance No. 126-85 - Zoning Ordinance Amendment - Site Plan Approval for New Construction and/or Additions. Ordinance No. 126-85, amending Chapter 30 "Zoning" of the Code of Ordinances to re- quire that all new construction and/or additions be subject to site plan approval and renovation plans be provided to the Community Redevelopment Agency for review, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 17th. The City Manager presented Ordinance No. 126-85: 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' BY AMEND- ING SECTION 30-13 CBD (CENTRAL BUSINESS) DISTRICT (A) "PURPOSE" TO REQUIRE ALL ADDITIONS AND CONSTRUCTION IN THE CBD TO BE SUBJECT TO SITE AND DEVELOPMENT PLAN AP- PROVAL AND PROVIDING THAT NOTIFICATION OF ALL CON- STRUCTION AND ADDITIONS SHALL BE PROVIDED TO THE DOWNTOWN DEVELOPMENT AUTHORITY AND THE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 17 - 11/26/85 Mrs. Horenburger moved for the adoption of Ordinance No. 126-85 on First 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. 30. Ordinance No. 128-85 - Amending Code - Improvement of Setback and Yard Areas. Ordinance No. 128-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to improve the appearance of certain setback and yard areas and including off-street parking and open-lot sales and service areas, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 17th. The City Manager presented Ordinance No. 128-85: 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 AMENDING ARTICLE X, "LAND- SCAPING'', BY AMENDING SECTION 9-373, "OBJECTIVE; SCOPE", TO PROVIDE THAT THE PROVISIONS OF SECTION 9-378(d) (3) SHALL BE APPLICABLE TO ALL EXISTING IMPROVED PROPERTY INCLUDING SINGLE- FAMILY DWELLINGS; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DAT E. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 128-85 on First 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. Before roll call, upon question by Mayor Campbell as to whether or not this ordinance requires that an existing homeowner sod their property to the pavement, the City Attorney advised this partic- ular ordinances does not deal with that. However, there is another ordinance on the agenda which will. At this point the roll was called to the motion. 31. Ordinance No. 129-85 - Amending Code - Litter on Occupied Private Property. Ordinance No. 129-85, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances to provide that the owner and/or the occupier may be responsible for the existence of litter on occupied private property, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 17th. The City Manager presented Ordinance No. 129-85: 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 SECTION 12-39, "PROHIBITED ON PRI- VATE PROPERTY/PREMISES", TO PROVIDE THAT THE OWNER AS WELL AS THE OCCUPIER MAY PROVIDE RECEPTACLES FOR THE COLLECTION OF LITTER ON PRIVATE PROPERTY AND THAT THE OWNER AND/OR THE OCCUPIER MAY BE RESPONSIBLE FOR THE EXISTENCE OF LITTER ON OCCUPIED PRIVATE PROPERTY, AMEND- ING SECTION 12-40, "LITTER ON VACANT LOTS" , TO PROVIDE THAT THE OWNER SHALL BE RESPONSIBLE FOR THE EXISTENCE OF EXPOSED LITTER ON PRIVATE PROPERTY; AMENDING SECTION 12-41, "DEPOSIT OF GARBAGE ", TO PROVIDE THAT BOTH THE OCCUPANT AND/OR THE OWNER MAY BE RESPONSIBLE FOR THE EXISTENCE OF EXPOSED GARBAGE ON PRIVATE PROPERTY; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 18 - 11/26/85 Mr. Jackel moved for the adoption of Ordinance No. 129-85 on First 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. Before roll call the following discussion was had: Mr. Weatherspoon stated that Section 1 (c) states that the occupant and owner shall at all times maintain the premises free of litter. He stated that he feels, in reality, this statement is not true and he questioned why they put this language into the ordinance. Mrs. Horenburger advised that wording is a tool they can use to enforce poorly maintained properties. Upon question, the City Attorney advised that the amendment is adding in that not only the occupier but also the owner will be responsible; at present only the occupier is held responsible. At this point the roll was called to the motion. Mr. Bird returned to the Council Chambers at this time. 32. Ordinance No. 130-85 - Amendin~ Code - Nuisances on Property Ordinance No. 130-85, amending Chapter 13 "Health and Sanitation" of the Code of Ordinances providing that owners of property contiguous to a right-of-way shall be responsible for maintaining the unimproved portion of such right-of-way, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 17th. The City Manager presented Ordinance No. 130-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANITA- TION'', ARTICLE II, "NUISANCES ON PROPERTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH', FLORIDA, BY AMENDING SECTION 13-13, "WEEDS, TRASH, CERTAIN VEGETA- TION, ETC., DECLARED A PUBLIC NUISANCE", BY ADDING A NEW SUBSECTION (d), PROVIDING THAT OWNERS OF PROPERTY CON- TIGUOUS TO A RIGHT-OF-WAY SHALL BE RESPONSIBLE FOR MAIN- TAINING THE UNIMPROVED PORTION OF SUCH RIGHT-OF-WAY; 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. 130-85 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. Before roll call the following discussion was had: Mrs. Elizabeth Matthews, questioned how they would apply this ordinance to a street such as Swinton Avenue; would they still be required to sod to the edge of the street even though there is no water. The City Manager stated they are not specifically talking about sodding, rather maintaining the right-of-way. The City Attorney clarified that this requires the owner to maintain the right-of-way abutting his property; you would not allow a nuisance to occur on your own property or the right-of-way. At this point the roll was called to the motion. 33. Ordinance No. 131-85 - Amendin~ Code - Three HOur Parking. Ordinance No. 131-85, amending Chapter 26 "Traffic" of the Code of Ordinances to provide that during the period from June 1st through September 30th all off-street two-hour zones and two-hour parking limits shall be for a period of three hours, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held December 17th. - 19 - 11/26/85 The City Manager presented Ordinance No. 131-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 26 "TRAFFIC", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "STOPPING, STANDING AND PARKING", DIVISION 2, "TWO-HOUR ZONES", BY ADDING A NEW SECTION 26-47, "THREE-HOUR PARKING", TO PROVIDE THAT THE OTHER PROVISIONS OF DIVISION II NOTWITHSTANDING, THAT DURING THE TIME FROM JUNE 1 THROUGH SEPTEMBER 30 OF EACH' CAL- ENDAR YEAR THAT ALL OFF- STREET TWO- HOUR ZONES AND TWO- HOUR PARKING LIMITS SHALL BE FOR A PERIOD OF THREE (3) HOURS; AND FURTHER AMENDING SECTION 26-46, "VIOLATIONS", TO ADD PROVISIONS MAKING IT A VIOLATION OF THE CODE OF ORDINANCES TO CAUSE, ALLOW, PERMIT OR SUFFER ANY VEHICLE TO BE PARKED IN OFF-STREET AREAS FOR A CONTINUOUS PERIOD IN EXCESS OF THREE (3) HOURS DURING THE PERIOD OF TIME FROM AND INCLUDING JUNE 1 THROUGH SEPTEMBER 30 OF EACH' CALENDAR YEAR; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 131-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird questioned why have any restrictions at all in the City maintained parking lots during that period of time. He feels it would have the same effect if they left the two-hour limitation on Atlantic Avenue and made the lots available all day. He requested that staff communicate with the Chamber of Commerce and ask them if that might be a better alternative. Mrs. Matthews stated there is a parking lot in the Camino Real Hotel which was required by the City to be a public parking lot. However, there does not appear to be any restraint on the length of time people can park there and she has received complaints from some of the local residents. She questioned if the City could put a restraint on the parking. The City Manager stated if the City owned the property there would be no problem; however, he is not sure if there was ever an of- ficial agreement reached between the City and the Camino Real. Mrs. Matthews was advised that staff will look into this. At this point the roll was called to the motion. 34. Ordinance No. 132-85 - Amending Code- Removal of Signs and Billboards. Ordinance No. 132-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to removal of signs and billboards when business is discontinued, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held December 17th. The City Manager presented Ordinance No. 132-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCT ION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH', FLORIDA, BY AMENDING ARTICLE VII, "SIGNS AND BILLBOARDS", SECTION 9-217, "REMOVAL WHEN BUSINESS DISCONTINUED", TO ALLOW UNUSED STRUCTURES CONTAINING SIGN PANELS TO REMAIN AFTER THE BUSINESS USING SUCH' STRUCTURE IS DISCONTINUED, AND TO FURTHER CONSIDER THE STRUCTURE UPON ISSUANCE OF A NEW SIGN PERMIT FOR THE SITE; OR IF NOT USED WITHIN ONE (1) YEAR TO REQUIRE REMOVAL THEREOF; PROVIDING a SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 20- 11/26/85 The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 132-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 35. Ordinance No. 133-85 - Amending Code - Temporary Business Licenses. Ordinance No. 133-85, amending Chapter 15 "Licenses" of the Code of Ordinances to establish fees for licenses for businesses which are temporary in nature, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 17th. The City Manager presented Ordinance No. 133-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 15, "LICENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 15-11, "SCHEDULE OF TAXES", BY ENACT- ING A NEW SUBPARAGRAPH (262) , "TEMPORARY BUSINESS LI- CENSES'', AND RENUMBERING THE REMAINING PARAGRAPHS AC- CORDINGLY, TO ESTABLISH' FEES FOR LICENSES FOR BUSINESSES WHICH ARE TEMPORARY IN NATURE IN ORDER THAT THE BUSINESS NOT PAY THE FULL ANNUAL TAX FOR PERMANENT BUSINESSES; 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. 133-85 on First Reading, seconded by Mr. Weatherspoon. Mr. Bird stated it would not seem logical to charge people $20 for a license to be in the Delray Affair for two days or other special events. He suggested that they modify the ordinance so that businesses which are in excess of three days be required to obtain a license. The City Attorney advised they could modify subsection (b) to read that special events under three days would not be charged and add a new subsection (c) so that special events in excess of three days should have a fee of $20. Mr. Bird made a substitute motion to adopt Ordinance No. 133-85 on First Reading subject to the amendments as advised by the City Attorney, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger- Yes; Mr. Jackel- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 36. Ordinance No. 134-85 - Amending Code - Upgrade the Quality o~ Landscaping. Ordinance No. 134-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to upgrade the quality of land- scaping for all projects built under City permits, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 17th. The City Manager presented Ordinance No. 134-85: 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 AMENDING ARTICLE X, "LAND- SCAPING'', BY REPEALING SECTION 9-377 AND ENACTING A NEW SECTION 9-377 WHICH REQUIRES THE UPGRADING OF LANDSCAPING ATTENDANT TO ANY PORTION OF A STRUCTURE OR SITE FOR WHICH' COMMUNITY APPEARANCE BOARD APPROVAL IS REQUIRED; PRO- VIDING FOR THE UPGRADING OF LANDSCAPING ATTENDANT TO THE ENTIRE STRUCTURE OR SITE WHERE THE ALTERATION OR IMPROVE- MENT IS EQUAL IN VALUE TO 30% OR MORE OF THE ASSESSED VALUE OF THE STRUCTURE OR SITE; PERMITTING A WAIVER OF THAT UPGRADING WHERE THE BOARD FINDS IT TO BE IMPRACTICAL - 21- 11/26/85 OR AN UNDUE HARDSHIP; AMENDING SECTION 9-378 (b) , "MAIN- TENANCE'' , PROVIDING MAINTENANCE REQUIREMENTS FOR LAND- SCAPING FOR CERTAIN YARD AREAS, OFF-STREET PARKING AND OTHER VEHICULAR USE AREAS BY REQUIRING THAT LANDSCAPE BE MAINTAINED IN A MANNER AT LEAST EQUAL TO THE APPEARANCE OF THE LANDSCAPING AT THE TIME THE ORIGINAL INSTALLATION WAS REQUIRED; PROVIDING GUIDELINES IN THE PRUNING OF TREES TO PRESERVE THE CANOPY; AMENDING SECTION 9-378, SUBSECTION (C), SUBSECTION (2), "TREES", BY CHANGING THE MINIMUM HEIGHT REQUIREMENTS OF TREES AT THE TIME OF PLANTING FROM EIGHT (8) FEET TO TWELVE (12) FEET AND BY REQUIRING THAT SUCH TREES HAVE A MINIMUM OF SIX FEET OF CLEAR TRUNK AND A SIX FOOT CANOPY EXCEPT THAT COCONUT PALMS NEED ONLY HAVE A CLEAR TRUNK OF TWO FEET; AMENDING SECTION 9-378(C) (6), "LAWN GRASS", BY REQUIRING THAT LAWN GRASS BE SODDED, BUT THAT IF AN ALTERNATE METHOD IS DESIRED THE SPECIFICATIONS MUST BE SUBMITTED TO AND APPROVED BY THE CITY HORTICULTURIST AND REQUIRING THAT COVERAGE MUST BE ACHIEVED WITHIN NINETY (90) DAYS AND NURSE GRASS MUST BE SOWN FOR IMMEDIATE EFFECT; REPEALING SECTION 9-378 , SUBSECTION (D) , "REQUIRED LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-WAY" , AND ENACTING A NEW SECTION 9-3 78 , SUBSECTION (D) , "REQUIRED LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-WAY", PROVIDING SPECIFICA- TIONS FOR THE REQUIRED LANDSCAPING AND REQUIRING THAT A HEDGE WALL OR LANDSCAPE BARRIER ON THE INTERIOR PERIMETER OF THE REQUIRED FIVE (5) FOOT LANDSCAPE STRIP BE A MIN- IMUM OF THREE (3) FEET ABOVE THE FINISHED GRADE OF THE ADJACENT VEHICULAR USE AREA AT THE TIME OF INSTALLATION; REQUIRING LANDSCAPE MAINTENANCE AND IRRIGATION OF THE UNIMPROVED PORTION OF THE ADJACENT RIGHT-OF-WAY; REPEAL- ING SECTION 9-378(E), "PERIMETER LANDSCAPING RELATING TO ABUTTING PROPERTIES", AND ENACTING A NEW 9-378(E), "PERIM- ETER LANDSCAPING RELATING TO ABUTTING PROPERTIES", WHICH' CHANGES THE REQUIREMENTS REGARDING THE PLANTING OF TREES ALONG COMMON PROPERTY LINES FROM ONE (1) TREE FOR EVERY SIXTY (60) FEET TO ONE (1) TREE FOR EVERY FORTY (40) FEET AND PROVIDES CRITERIA FOR THE REMAINDER OF THE REQUIRED LANDSCAPING; REPEALING SECTION 9-378(F) , "PARKING AREA INTERIOR LANDSCAPING" , AND ENACTING SECTION 9-378 (F) WHICH A~]EN DS THE TITLE TO READ, "INTERIOR LANDSCAPE REQUIREMENTS FOR PARKING AREAS AND OTHER VEHICULAR USE AREAS"; CHANGING THE INTERIOR LANDSCAPE REQUIREMENTS FROM 7% TO 10% OF THE INTERIOR SPACE; ALTERING THE SPECIFICA- TIONS FOR INTERIOR LANDSCAPE AREAS BY INCREASING THE REQUIRED SQUARE FOOTAGE FOR EACH' AREA FROM 50 SQUARE FEET TO 75 SQUARE FEET WITH NO DIMENSION LESS THAN FIVE (5) FEET; CHANGING THE INTERVAL AT WHICH' EACH SUCH LANDSCAPE AREA IS REQUIRED FROM EVERY TWELVE (12) PARKING SPACES TO EVERY TEN (10) PARKING SPACES; REQUIRING ALL GAS STA- tIONS, VEHICLE OR EQUIPMENT PARKING, OR STORAGE AREAS OTHER THAN CERTAIN AUTO DEALERSHIPS TO COMPLY WITH' THE REQUIREMENTS OF SECTION 9-3 78 (f) (1); PROVIDING ALTERNATE LANDSCAPE REQUIREMENT S FOR CERTAIN AUTO DEALERSHI PS PERMITTED TO UTILIZE THE CONCEPT OF BULLPEN PARKING; DELETING SUBSECTION 5 RELATING TO CERTAIN PLANTING RE- QUIREMENTS FOR PALMS; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 134-85 on First Reading, seconded by Mr. Jackel. Mayor Campbell questioned, with regard to Section A, if someone comes in for a change in a building permit at any time would the Community Appearance Board have jurisdiction to approve it; do they have some control within the ordinance. He further questioned if they might even discourage minor improvements or alterations by requiring compli- ance. The "if" clause should come first and precede the rest. - 22 - 11/26/85 Upon question by Mayor Campbell, the City Attorney advised there is a requirment in this ordinance that someone would have to install sod, the exception of which is if the property is already paved. They are stating that every City owner who abuts a City street, and there is not sod in front, would have to put sod there. Mayor Campbell stated he could not agree to that and does not like the idea. He would like people to improve their property but not to require every property owner to sod. The City Attorney advised that it also provides an exception from sodding if the property owner shell rocks that area. Basically, if there is dirt there you would have to sod. Mayor campbell questioned if there is some other way they can deal with trying to improve the appearance. The City Attorney advised that Ordinance No. 128-85 is the ordinance which will make it applicable to everything, including single family. Council could adopt Ordinance No. 134-85, but not adopt Ordi- nance No. 128-85 on Second Reading and, therefore, make it inapplicable to single family. If Council only adopts Ordinance No. 128-85 then the only impact will be on properties which already come under the landscape code and that is not single family. Mrs. Horenburger made a substitute motion to postpone this item and refer it to a workshop meeting, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 37. Ordinance No. 135-85 - Amending Code - Adoption of State Oniform Traffic Control Laws. Ordinance No. 135-85, amending Chapter 26 "Traffic" of the Code of Ordinances to provide for the adoption of the State Uniform Traffic Control Laws, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 17th. The City Manager presented Ordinance No. 135-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 26, "TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL" BY ADDING A NEW SECTION 26-3. "ADOPTION OF STATE UNIFORM TRAFFIC CONTROL LAWS", TO PROVIDE FOR THE ADOPTION OF THE STATE UNIFORM TRAFFIC CONTROL LAWS; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 135-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 10:48 P.M. ATTEST: - 23 - 11/26/85 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 26, 1985, which minutes were formally approved and adopted by the City Council on/~f.~/. /~ /~ . 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. - 24 - 11/26/85