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12-03-85 DECEMBER 3, 1985 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:05 P.M., Tuesday, December 3, 1985. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Father Stack. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a.1. Mr. Tom Haenlon, 613 N.E. 4th Street, made a presentation with regard to today's youth and the teen party which was recently held in Delray Beach. 4.a.2. Mrs. Elizabeth Matthews, Beach Property Owners Association, spoke with regard to Mr. Jackel's suggestion to move public comments to the end of the agenda. They feel that would be fine so long as they leave comments by the City Administration at the beginning of the agenda. 4.a.3. With regard to waiving of City ordinances without public notice, Mrs. Matthews stated that although some communities do not allow it, their Charter does not address the matter. She suggested that Council address this question and find out whether it needs to be dealt with. 4.a.4. Mr. Tom Fleming, Andover Development Corporation, stated that Council recently approved plats on phases 1 and 2 of Andover and they are well under way. He is currently seeking a building permit for the construction of a guardhouse at the entrance to Andover Subdivision. The Building Department is unable to issue a permit for anything other than a single family dwelling until the plat has been recorded or Council authorizes it. They have to get a surety bond and create the homeowners association before they record the plat. They are moving forward with those things but they would like to begin construction of the guardhouse; they will not ask for a C.O. on it until the plat is recorded. Mr. Jackel moved to permit issuance of the building permit before platting wi.th CO subject to platting, 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. 4.a.5. Ms. Teresa Bildt stated that Council approved a site plan for Linton Plaza on September 24th subject to conditions. They have met those conditions and have put in a site plan for final approval to the Planning Department. Mr. Cohn has stated there are some modifications and he needs direction as to whether they have to go back to the Planning and Zoning Board. If they do have to go back, the December agenda is so full that they could not get on it. The project needs to clear the site and be able to pull a site permit at the first of January in order to open the retail center on November 1st. She is asking for Council's permission to pull the site permit while they go through the process. Upon question by Council, Ms. Bildt advised that one condition was to realign an entrance with another developer behind her and abandon a particular piece of road that abuts both of them. She and that developer have agreed to the realignment and are processing the abandon- ment. It is not within Mr. Cohn's jurisdiction to approve a site plan with an abandonment as an abandonment can only be approved by Council. She added that in doing the traffic analysis, it showed that one en- tranceway on S.W. 10th created an E level of service during P.M. peak hours. To alleviate that, the other change is to put in two entrances, one at the retail center and one at the office building; Mr. Cohn liked that change. Mr. Bird moved to send this to the Planning & Zoning Board for minor site plan approval and to authorize Mr. Johnson, in the meantime, to issue the land clearing permit necessary to start that part of the process, 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. 4.a.6. Mr. Kenneth Gary, 27 N.W. 14th Avenue, stated that he owns a piece of vacant land on N.W. 5th Avenue. There is trash, debris and junked cars being left on his property and he cannot control the problem. Upon question by Council, Mr. Gary advised that he has submitted the statement authorizing the Police Department to remove anyone from the property. An old junked car was left on his property five days ago. He told a policeman about it and asked if the Police Department would tow it away; the police officer told him they could not tow it because it was private property and did not know anything about the authorization statement. Mayor Campbell asked the City Manager to send someone over to look at the lot and advised Mr. Gary that they would do what they can to take care of the problem. 4.a.7. Ms. Sarah Hughes, 618 Sunshine Drive, on behalf of Youth Council, thanked City Council, the City Manager, staff and City residents for support of their dance Saturday night and they hope other activities will be allowed in the future. 4.a.8. Mr. James Bowen, 116 Marine Way, felt that paying for the teen party from City tax funds set a bad precedent and is unfair to other groups which work for their projects. He also heard that part of the expenditures were contracted for before the project had Council's approval. 4.a.9. Mr. Bowen stated that this morning on Atlantic Avenue and A1A, City crews were installing hand rails from the beach entrance down to the sand. Although these might be worthwhile additions for the elderly who find it difficult to walk through sand, he questions the propriety of this project and the lack of efficiency in the construction. If the City is going to do these things, he feels they should set a policy requiring the Administration to do it in a cost effective manner. 4.a.10 Mr. Ernest Simon, representing Maury Powers, advised that the installation of barriers by the FEC Railroad are prohibiting any type of service to Powers Lounge and Mr. Powers is losing a great deal of business. Upon question by Council, the City Attorney advised that FEC has been cited by the Building Department for four or five different violations. He spoke with their attorneys today; they are taking a position that they do not need to comply with what the City says in their rights-of-way. It is going to be a controversy and they hope to resolve it in less than 10 days. 4.b.1. Mr. Weatherspoon stated he received a memo from the City Manager regarding a proposal from Mr. Stout. His opinion is to tell him no thank you. - 2 - 12/03/85 4.b.2. In regard to a memo from the Planning Department relative to the Planned Commercial Development which would include a truck rental & repair facility, Mr. Weatherspoon would like to have some additional information. They have indicated that this development would access onto Delray West Road but he would like a better location description. Mr. Cohn stated that this is coming before the County Planning Commission on Friday and the County Commission sometime in January. Upon question, he advised that they are talking about mostly vans but some larger trucks as well. It is a heavy industrial type of use. Mayor Campbell suggested they ask the County to proceed very cautiously with any further commercialization along Atlantic Avenue. Council concurred. 4.b.3. Mrs. Horenburger requested that they move Item 12, Youth Council discussion, to the next regular workshop. 4.b.4. Mrs. Horenburger suggested that Council revisit the burglar alarm ordinance. She had a complaint this weekend from someone who was plagued with an alarm at a business near their home which rang for two or three days. They were finally driven from their home. The contact person at the business could not be reached and the alarm could not be cut off. Either they need to resurrect the committee that studied the burglar alarm ordinance or impose some standards for the alarm companies to keep their contact person files up to date. It was the consensus of Council to put this item on a workshop agenda. 4.b.5. Mrs. Horenburger advised that she went to the County Commission today regarding the County's proposed five year construction program for roads. She discovered that they have a proposal to extend Lake Ida Road from Military Trail to Jog/Carter Road in the year 1987/88. Lake Ida Road from Congress Avenue to Military Trail is currently at service level F. She asked the County if they intend to make improvements to that portion of the road in order to improve the traffic flow before extending the road. They have no such plans because City Council, a few years ago, took that improvement off the plan being discussed at that time. She suggested that City Council consider sending a message to the County that they would like to see Lake Ida Road four-laned from Congress to Military. Mayor Campbell advised that by State Law the Metropolitan Planning Organization is required to review that plan. It has not yet been adopted by the MPO. Mr. Weatherspoon recalled that a lot of the homeowners in the area were opposed to that four-laning. Further, he thinks Council decided to use those funds to correct the problem of drainage at Congress and Lake Ida Road. Mayor Campbell replied that is accurate; however, a change in circumstances may cause them to want to revisit that issue. Mr. Bird suggested having a discussion with the County to see if they can accomplish four-laning in residential areas by using just four lanes of macadam with appropriate striping as opposed to putting a 12 foot landscaped median in the middle which moves the edge of the road closer to the front doors. Mr. Jackel stated that everyone has been aware of the fact that someday Lake Ida Road would be extended to Jog Road and maybe further because the County owns the right-of-way right through Pines Villas. The people in that area were and probably still are opposed to having that road widened. He suggests that Council consider the needs and desires of the people living there. Mrs. Horenburger felt they should get this on the five year plan. With the expansion of shopping and the new post office on Military Trail, she feels the traffic situation will get far worse. She sympathizes with the people who live along Lake Ida Road; however, many people living in that area off Lake Ida Road would like to see this improvement done. She asked that Mr. Bird's suggestion be taken into account and that they ask staff to prepare some suggestions for engineering for the road and bring it back to their next regular meeting for discussion and possibly a vote on it. - 3 - 12/03/85 It was the consensus of a majority of Council to have a resolution prepared for consideration on December 17th. 4.b.6. Mr. Bird advised that there may be a requirement for the City to make available additional land to the County if they want the County to make a favorable ruling with regard to the location of the County Courthouse. It was suggested that they give them 10 acres of land from downtown. Mr. Bird moved that Council offer the County additional land to be held available to provide an opportunity for the County to demon- strate a provable need for such additional land for the courthouse and its related facilities and that such a need be demonstrated within a year, seconded by Mrs. Horenburger. 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. (Mrs. Horenburger left the Council Chambers before roll call). Before roll call the following discussion was had: Mayor Campbell stated they are already giving the County four acres and are going to lease them the Police Station at a nominal cost. He has no problem with making the police station part of the total package as a gift and that would bring it up to six acres. The County would like a gift of an additional four acres to make it a total of 10 acres and he agrees with Mr. Bird that they should not do so at this time because the need has not been substantiated. He suggested they immediately make the pledge not to do anything with the tennis court land until the County has demonstrated this need or until the City has another adjacent four acres available. Mayor Campbell suggested, as an alternative, if the County desperately wants to own 10 acres of land, that they consider swapping the tennis court property for a like number of acres on Congress Avenue. Mr. Bird was not sure how he would vote on a motion to give the County their police station. Mr. Jackel felt it would be to their benefit to make a trade and that they should offer more than the four acres only if need be. Mayor Campbell stated that the County meeting is on Thursday at which time they might make their decision; therefore, Council needs to make a decision tonight as to its intent. Mr. Weatherspoon stated he would not vote to give them the police station and land. He would like to see the courthouse here as much as anybody but feels there is a limit as to how far they should go. Mrs. Horenburger left the Council Chambers at this time. Mr. Bird stated that the intent of the motion is to guarantee the County that the City will hold that available land for them to demonstrate their need; then they could do a trade or whatever is necessary. At this point the roll was called to the motion. 4.b.7. Mr. Jackel stated that with regard to the suggestion he made last week about placing the public portion of the agenda at the end, it was just a suggestion, and he would not be opposed to keeping the public portion at the beginning of the meeting. Mrs. Horenburger returned to the Council Chambers at this time. 4.b.8. Mr. Jackel commended the Miami Dolphins football team for defeating the Chicago Bears 38-24. 4.b.9. Mr. Jackel referred to this morning's Sun Sentinel which headline read "Teens Win Praise After Successful Delray Party". Other newspapers carried similar stories and he was pleased to read those results. He commended Council Member Bird for his vision and efforts in this direction and he hopes to see more of this in the future. They can discuss this more at length when they discuss the Youth Council. - 4 - 12/03/85 4.b.10 Mayor Campbell asked for the status on Sarah Gleason Park. The City Manager advised that they should have the final figures in for their next voting session. Right now it appears they will be well within his limits but if they do not have the funding available, they may have to come back to Council for any additional funding. He thinks they should be able to start in January. 4.b.ll. Mayor Campbell stated that the issue of County pockets is coming up again and they have all received a copy of a prefiled bill by Representative Brown. From previous experience, they feel that the high powered lobbyists and special interest groups were able to steer the course they wanted with regard to the results of the legislation. This issue is of most concern to communities such as Clearwater, Delray Beach, Daytona Beach and other cities with a serious pocket problem. He suggested that he be allowed to contact the leaders in these other cities and see if it might be feasible to hire a lobbyist with regard to this or any other legislation bills that might benefit them. If Council agrees, now would be a good time for it. Mr. Bird agreed they should band together with the other cities. A discussion he had with Mr. Sitig about two weeks ago reflected that the League was prepared to take a stand on the subject of enclaves and they claimed that was going to be coordinated through the Daytona delegation as it was last year. He would add that they check and see what that platform is going to look like. He suggests they do three things: (1) try to get the Municipal League, locally, to take a stand; (2) authorize the Mayor to communicate with the others and put a war chest together if they are similarly minded; and, (3) they should get the language so they are all talking about the same bill. Council concurred with the suggestion. 4.b.12. Mayor Campbell suggested they hold a special workshop session to consider items of special concern. The City Manager recommended setting it up sometime in January. Upon question by Mr. Jackel, Mayor Campbell explained that they have not been able to track items of interest which they have discussed at Council meetings. The Administration had indicated that sometimes they get conflicting signals as to what is a priority with regard to items under consideration. The purpose of this special meeting is to discuss their agenda and what they want the Administration to do in order to have a clear understanding of Council's priorities. It was the consensus of Council to meet at 6:30 P.M. prior to the workshop meeting on January 21, 1985. The City Manager stated he will make sure Council gets the material well in advance. 4.b.13. Mrs. Horenburger stated she met with someone who is on the County Committee studying billboards and with regard to their proposal she was told that the billboard industry people have bought off on the portion that prohibits billboards to be erected within 1000 feet of a municipality. When this is passed they will not have any new billboards erected. On the other hand, they have no provision for amortizing the already existing billboards. Perhaps Council should discuss that further and make a recommendation, particularly within 1000 feet of a municipality. Mayor Campbell noted that several of the strips upon which these large billboards were raised were DOT lands. He questioned why DOT lands were never annexed into the City. The City Attorney added that others are on FEC land. Mayor Campbell suggested they write a letter to DOT requesting that those lands be annexed. 4.c.1. The City Attorney advised that a request has been received from the Camino Real Hotel. They would like to swap land with the City. They would like the City to give them the current parking lot adjacent to the hotel to the north in exchange for a strip of land that they own north along A1A. The current City lot is about 1/3 acre and has 24 spaces; Camino Real wants to give the City land on which we could put 44 spaces and is a little over 1/2 acre. Additionally, that land would - 5 - 12/03/85 have access all the way from A1A to Andrews Avenue. Their proposal is an even swap. If Council wants to consider it, his office will commence the formalities of drawing up the documents and getting the appraisals, etc. Mayor Campbell stated that the City does not want to put a parking lot in the middle of two residential lots; however, he would be willing to look into the swap. Upon question, the petitioner advised that they are willing to pave the land and move the meters. 4.c.2. The City Attorney advised that Item 7, Ordinance No. 90-85, needs to be disposed of. Not only is that a subject that dealt with one of the areas they proposed to annex that failed, but in addition, the ordinance itself has a technical flaw in the legal description. Therefore, they request that Council vote no on the motion to adopt the ordinance on Second Reading. 4.d.1. With regard to the new Public Safety facility, the City Manager stated that two terms have been used; one is police station and one is public safety facility. For clarification, the term public safety is used as a generic term. It does not mean the City is going into a public safety program. It will be public safety from the standpoint that they will have a centralized dispatch center for fire, police and eventually public works, all within the same building. 5. Mayor Campbell stated that he feels Item 17, Ordinance No. 136-85 relative to live-aboard vessels, needs some further review and suggested they remove it from the agenda and take it to a workshop or special meeting. Mr. Bird felt they should act on this as soon as possible because it has been pending for six months. Mr. Robert Chapin, attorney representing boat owners, felt it would be more efficient to take this to a workshop meeting. They don't mind waiting until January. It was the consensus of Council to schedule it for a January workshop meeting. The City Attorney stated that Item 9, Ordinance No. 116-85 is premature. It should be on the December 17th agenda rather than this agenda. Mr. Bird moved for agenda approval referring Item 17 to the workshop of January 7th, referring Item 9 to the regular meeting of December 17th, and removing Item 12 from the agenda, 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. 6. Presentation - Adult Community Education, Palm Beach County School Board (Pat Cooper). Four representatives of the Adult Community Education Department of the Palm Beach County School Board made presentations with regard to the program. They advised they have an Adult Education center on Lowson Boulevard and evening classes at Atlantic High Community School and at Carver Community Middle School. There are thousands of adults in the South County who need to achieve basic educational goals but do not know where to turn. They described the problems related to illiteracy and functional illiteracy and the need for this program. They have programs for handicapped adults to further their education, English as a second language, adult basic education which is· basic reading, writing and math, and high school completion. They also have a lift program which is a volunteer program consisting of volunteers whom they train to work with functional illi- terate adults. They also have an intensive program which is almost primarily Haitians and they do a lot in guiding this population toward vocational centers and jobs. They are asking for the help of the City in directing citizens to them. They believe that a well rounded citizen will make a better citizen for the community. They thanked City Council and staff for its support and cooperation. - 6 - 12/03/85 PUBLIC HEARING 7. Ordinance No. 90-85 - Changing the City's Land Use Plan Designation (Anchorage Trailer Park). Ordinance No. 90-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 9.82-acre parcel from MF-10-Multiple Family to C-Commercial, located on the east side of U.S. No. 1, between Allen Avenue and Avenue Au Soleil, 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. 90-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR PARCELS OF LAND LYING AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM MF-10 MULTIPLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 90-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger left the Council Chambers at this time. Mr. Jackel moved for the adoption of Ordinance 90-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 4 to 0 vote. 8. Ordinance No. 114-85 - Amending Code - Building Codes and Fee S'~'hedules. 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 Municipal 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 ~assage 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: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE I, "IN GENERAL", AND ENACTING A NEW ARTICLE I, "GENERAL" WHICH PROVIDES THAT THE BUILDING OFFICIAL SHALL KEEP RECORDS OF THE BUSINESS OF THE BUILDING DEPARTMENT; PROVIDING FOR VIOLATIONS OF THIS CHAPTER; PROVIDING GUIDELINES FOR DEFINING CONFLICTS OF INTEREST BY MEMBERS OF THE BUILDING DEPARTMENT; PROVIDING REGULATIONS FOR THE MAINTENANCE OF BUILDINGS AND PROPERTIES; HURRICANE PRECAUTIONS AND INSPECTIONS; PROVIDING THAT STREET GRADES SHALL BE 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 - 7 - 12/03/85 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; PRC~IDING 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 ARTICLE 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. - 8 - 12/03/85 (Copy of Ordinance No. 114-85 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. Roger Boos, a local businessman, expressed opposition to the increase in fees and suggested consideration be given to cutting back on Building Department staff as opposed to increasing fees. He felt a limit needs to be set on these fees. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 114-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. In response to Mr. Boos' comments, Mr. Jackel stated that the new fees are justified but he would agree that they should consider setting a limit for the future. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 10. La France Pumper. Council is to consider sale of a 1958 American La France Pumper to the only bidder, Urbain DeCarie in the amount of $1,255.00. Approval is recommended. 11. Final Plat Approval - Replat of Lot 1 Seller's Addition. Council is to consider approval of final plat for a replat of Lot 1, Seller's Addition to subdivide the lot into two separate lots. The property is located at the northeast corner of S.W. 6th Street and Swinton Avenue. Approval is recommended. Mr. Bird moved for approval of the Consent Agenda, 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. Mrs. Horenburger returned to the meeting at this time. REGULAR AGENDA 13. Conditional Use Approval - Emmanuel Catholic Church. Council is to consider a request for conditional use approval for Emmanuel Catholic Church, a proposed religious complex with a 1000 seat church and attendant educational facilities, located on the east side of Military Trail, between Linton Boulevard and Sherwood Boulevard. The Planning & Zoning Board and Planning Director recommend approval subject to the following conditions: (1) The only conditional use to be permitted hereunder is as follows: a church or a place of worship, and their attendant educational facilities. (2) That a variance be obtained from the Board of Adjustment to reduce the required number of parking spaces from 621 to 447. (3) That additional right-of-way for Military Trail is required in order to provide sixty (60) foot right-of-way from the centerline. Dedication shall be made by Warranty Deed prior to the issuance of a building permit. (4) That right turn and left turn lanes be constructed at both entrances on Military Trail as approved by the City and Palm Beach County. (5) That the sidewalk be relocated to rear of the new right-of-way. - 9 - 12/03/85 (6) That a 100 foot stacking distance be provided from the ultimate right-of-way line to the first internal cross-drive. (7) That the tract be platted. (8) That a determination be made whether the existing ditch carries run-off from adjacent properties onto the site prior to the issuance of a building permit. (9) That the parking spaces designed with stabilized sod be approved by the Planning and Zoning Board and the City Council. (10) That the site plan be revised to show the following: (i) provide a protection barrier such as railings, wheel guards or earth berm around the lake abutting the parking lot. (ii) that the proposed fire hydrants be relocated to more accessible locations. (iii) that the minimum number of handicap parking spaces provided be thirteen (13) for the entire site, with at least four (4) handicap spaces for Phase 1. (11) That each phase of this project shall comply with all zoning and landscaping requirements of the code for that phase. (12) All improvements shall be made in accordance with the approved site plan except as modified by the above conditions. (13) That the time limitation of this application be twenty-four (24) months pursuant to Section 30-21(E) of the Zoning Code. Mr. Bird moved for conditional use approval, 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. 14. Settlement - Michelle Currie. Council is to consider acceptance or rejection of settlement offer relative to Michelle Currie V. City of Delray Beach. The City Attorney reported that they have offered to settle with the City for the sum of $100,000. It is his recommendation at this time to reject the settlement offer. He feels the amount is too large and is premature. Mr. Weatherspoon moved to accept the City Attorney's recommendation to reject the settlement offer, seconded by Mr. Jackelo 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° Appointment - Code Enforcement Board. Council is to consider appointment of a regular member to the Code Enforcement Board to a term ending January 14, 1989. Mrs. Horenburger stated it has come to her attention that Mr. Tore Wallin, who currently holds a layperson seat on that Board, was an engineer for many years and although he is not registered at this time, Council does take the stand that people retired from certain positions would be eligible for those positions. Mrs. Horenburger moved to move Mr. Wallin to the engineer position and move Mr. David Cohen from the alternate position to the layperson position on the Code Enforcement Board, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Jackel objected to the motion and felt they are selecting non-qualified people with political backgrounds rather than well qualified people. He would still prefer to appoint Mr. Joel Port who is a registered engineer. Upon question by Mr. Weatherspoon, the City Attorney advised that a registered engineer is preferred but Council can choose someone with similar qualifications. Mr. Weatherspoon did not like the idea of trying to circumvent the process. - 10 - 12/03/85 The City Attorney clarified that the motion should be to move Mr. Wallin from the alternate level of layperson to regular membership as engineer and Mr. Cohen from his designation to the Layperson desig- nation on the alternate list. At this point the roll was called to the motion. 16. Ordinance No. 127-85 - Amending Code - Replacement of Vegetation. Ordinance No. 127-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances requiring the replacement of any vegetation damaged prior to issuance of the certificate of occupancy, is before Council for consideration on First Reading. The City Manager requested that they pass over this item as the Assistant City Attorney is still working on it. Mr. Bird moved to delete Item 16, Ordinance No. 127-85, from tonight's agenda, 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. 18. Ordinance No. 137-85 - Delray Park of Commerce Rezoninq. Ordinance No. 137-85, relative to rezoning a 5.04-acre parcel from MI (Medium Industrial) District to MIC (Mixed Industrial and Commercial) District, located on the east side of Congress Avenue between Atlantic Avenue and the L-32 Canal, is before Council for consideration on First Reading. If passed, Public Hearing will be held on December 17th. The City Manager presented Ordinance No. 137-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MI (MEDIUM INDUSTRIAL) DISTRICT IN MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT A PARCEL OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED ON THE EAST SIDE OF CONGRESS AVENUE BETWEEN ATLANTIC AVENUE AND L-32 CANAL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 137-85 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, Mr. Weatherspoon asked what this ordinance will allow the individuals to have under MIC that they are not allowed to have under MI. Mayor Campbell replied that they will now be allowed to have some commercial uses which are not allowed under MI. At this point the roll was called to the motion. 19. Ordinance No. 138-85 - Zoning Ordinance Amendment - Planning & Zoning Fees. Ordinance No. 138-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to Planning & Zoning fees, is before Council for consideration on First Reading. If passed, Public Hearing will be held on December 17th. The City Manager presented Ordinance No. 138-85: 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 30-3, "LAND DEVELOPMENT APPLICATION FEES", TO PROVIDE A FEE SCHEDULE FOR LAND DEVELOPMENT PROCEDURES; BY AMENDING SECTION 30-21, "CONDITIONAL USES" BY AMENDING SUBSECTION 30-21(C) 3 TO DELETE REFERENCE TO THE APPLICATION FEE, BY AMENDING SUBSECTION 30-21(F), "MODIFICATION OF APPROVED CONDI- TIONAL USE", TO DELETE REFERENCE TO THE APPLICATION FEES; - 11 - 12/03/85 BY AMENDING SECTION 30-22, "SITE DEVELOPMENT PLAN AP- PROVAL'', BY AMENDING SUBSECTION 30-22(C)2 BY DELETING THE REFERENCE TO THE APPLICATION FEE; BY AMENDING SECTION 30-23, "REZONING REQUESTS", BY AMENDING SUBSECTION 30-23(B) 1 TO DELETE REFERENCE TO THE APPLICATION FEE; PROVIDING A REPEALER CLAUSE; 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. 138-85 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 - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Weatherspoon stated that he does not necessarily agree with the way in which they are doing this and would have favored doing it in phases. Upon question by Mayor Campbell, Mr. Cohn stated that at their last workshop they discussed some potential procedural changes and will be working on Code amendments. Mayor Campbell stated there is a question as to whether they need to put a developer through plat approval twice when the only thing he is doing is a boundary line plat with no public dedications. This is something he wants to see addressed at the same time as these fees. He asked that they consider it on December 17th, at least conceptually. At this point the roll was called to the motion. 20. Mr. Bird noted that tonight at 9:00 P.M. they had still not gotten to the items which were advertised for Public Hearing at 7:00 P.M. He suggested that Council consider amending their agenda to put their Public Hearings ahead of items not on the agenda in order to take care of those things in a timely manner. Council concurred. Mayor Campbell declared the meeting adjourned at 9:25 P.M. ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of December 3, 1985, which minutes were formally approved and adopted by the City Council on~,~/~ /~j-- . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 12 - 12/03/85