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04-24-84 APRIL 24~ 1984 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 7:00 P.M., Tuesday, April 24, 1984. 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 Rev. Charles C. Carrin, Primitive Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for approval of the minutes of the ~egular Meeting of April 10, 1984, seconded by Mr. Jackel. Said motion passed unanimously. 5.a.1. Mr. Robert Banker stated that approximately two years ago he appeared before Council and asked if there was something that could be done to help the people who purchase parking permits for the beach; if you arrive later in the morning there are no places left to park. He requested that Council do something about the situation. 5.a.2. Mrs. Phyllis Plume requested that Item 20 be removed from the Consent Agenda and placed on the Regular Agenda. 5.a.3. Mr. David Cohen, President of the Delray Beach Democratic Club, stated there is a bill coming before the State Legislative body for a cooling off period on the purchase of a gun. He feels they should not wait for the State Legislature to act and requested that Council take the necessary action for the protection of the citizens of Delray Beach. 5.b.1. Mr. Jackel stated that last week Mayor Campbell asked the Administration to review the two nominations for the Internal Audit Committee to determine whether or not they were qualified. He ques- tioned what has been decided. The City Manager stated that both individuals would appear to be qualified and he cannot see any problem with either of them. Mr. Jackel moved that Mr. John Bennett and Mr. Sam Schwimer be appointed as regular members to the Internal Audit Committee to terms ending April 27, 1985, seconded by Mr. Bird. Said motion passed unan- imously. 5.b.2. Mayor Campbell presented a proclamation proclaiming the week of May 6 - 12, 1984 as "Hospital Week". 5.b.3. Mayor Campbell presented a proclamation proclaiming the first Saturday of May as "Arbor Day". 5.b.4. Mayor Campbell presented a proclamation proclaiming the week of May 13 - 19, 1984 as "Municipal Clerks' Week". 5.c.1. The City Attorney advised that in the datagrams, which Council has received from the Florida League of Cities within the past two weeks, there are a number of mandated employee benefit bills which are currently before both of the Houses in the Florida Legislature. Both will have some severe financial and administrative impact on munic- ipalities, particularly Delray Beach. These bills include: provisions requiring binding arbitration impasses to go to Circuit Court, a Fire- fighters Bill of Rights, which is even more restrictive than the Police Officers Bill of Rights, some modifications to the Police and Fire Retirement Statutes which would eliminate Council's participation from the Police and Firefighters Board of Trustees, it would impose monetary penalties instead of injunctive relief for unfair labor practices against municipalities and on the good side there is a bill pending which would support an attorney work product privilege for matters that are on file in litigation and would statutorily prohibit their review under the public records law. He has been told that the Florida League is inundated with a number of these bills and would suggest that Council formally instruct the City Manager, himself and perhaps a Council Member to individually lobby the Legislature on these items. The City Manager stated he talked to a representative of the Florida League of Cities last week and they expressed the same concerns as the City Attorney has tonight; particularly with regard to the Police and Fire Retirement legislation. There are so many of these bills coming through they do need someone to hone in on our representatives, be it in the House or Senate. The City Attorney stated it appears the Florida League is concerned that body count matters, as the proponants of some of these bills are turning out in force and little input has been received op- posing them. He would suggest that they go and support or oppose the bills in accordance with the official Florida League of Cities' posi- tions on those bills. Mr. Bird moved that the City Attorney and City Manager be designated as Council representatives, in addition to any Council Member who would choose to go, and lobby personally, to insure that our delega- tion is adequately informed of our concerns, seconded by Mr. Jackel. Said motion passed unanimously. Mrs. Horenburger stated she would be willing to represent Council. 5.c.2. The City Attorney stated Council has been furnished a letter from Kirk Wolfe, Manager of Gallagher Bassett, who do the City's self insured management. They are in receipt of an offer to settle a claim from Mrs. Killian, in the amount of $1,219, which they recommend Council accept and which he (City Attorney) is neutral on. He feels it was contributory negligence; however, it is before Council to decide whether they wish to settle the claim or spend the time and effort proving that it was. Mr. Bird moved to approve settlement of the claim in the amount of $1,219, 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 - No. Said motion passed with a 4 to 1 vote. 5.d.1. The City Manager reported he has received a copy of another item from the SCRWTD Board requesting Council's ratification to their action on an engineering contract. He requested that this be added to the Consent Agenda as Item 14.a. 5.d.2. The City Manager advised that for some time there has been a planned paving and drainage project for the City Hall parking lot. He is bringing this before Council to decide whether or not they wish to add this to the agenda tonight for possible award of contract or wait until the next meeting. Mayor Campbell stated it appears they have already taken bids on this project and the low bid is in the amount of $74,917.50. Unless there is any opposition or discussion he feels they can add this to the Consent Agenda. - 2 - 04/24/84 Upon question by Mr. Bird as to where the funds will come from, the City Manager stated that $50,000 will come from the City Hall project and $24,917.50 will be transferred from the resurfacing fund. Mr. Jackel stated he cannot see the sense in transferring money from the resurfacing fund when there are many streets in the City that are much in need of improvement. He feels they should wait until they have the funding and, if necessary, wait until budget time. Mayor Campbell questioned whether they are going to reject the entire project or address each phase separately. Mr. Bird suggested that they bring this item to a workshop meeting. He stated he would also be interested in knowing what the cost would be if, for this year, they looked at only phases II and III. Alternatively, they could do only the paved parking and allocate funds next year to handle the balance of it. Mr. Jackel stated he agrees with Mr. Bird that this should be put to a workshop meeting. He would also like the City Manager to explain how they have $50,000 left over from the City Hall Fund; to his knowledge there was no money left over. Mr. David Huddleston, Finance Director, stated that near the conclusion of the project $130,000 was set aside, $50,000 of which was for the resurfacing and improvements to the parking lot. Upon question by Mrs. Horenburger, Mr. Huddleston stated that the only other available source of funding, other than the re- surfacing fund, would be out of the general fund balance. It was the consensus of Council to have this item put on the agenda for next Tuesday's workshop. 5.d.3. The City Manager stated he would like Council to review a letter he has received from John Sansbury, County Administrator, and make their feelings known on the gun control issue. Mr. Bird stated he has found out that the only gun shop in Delray Beach is in a County pocket. He suggested that perhaps they ought to concern themselves over a cooling off period. In order for the ordinance to be effective in Delray Beach it will have to be County- wide. Mr. Bird moved to support the County's ordinance on a cool- ing off period, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call, Mr. Weatherspoon stated he cannot see how ten days will help solve the problem and feels that a month would be more effective. At this point the roll was called to the motion. 5.d.4. The City Manager reported that the administration has been working with the State of Florida, since December 1983, for what is referred to as Suncom lines. At first they could only obtain two Suncom lines and they have now been able to negotiate and have obtained an additional four lines. Mrs. Horenburger moved to approve the amendment to the agreement to add four Suncom lines, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Bird stated he would like to know the opinion of the expert the City hired as to whether or not they should be using Suncom lines or foreign service lines. One of the things he was supposed to have accomplished for the City was an assessment of the long distance needs. - 3 - 04/24/84 At this point the roll was called to the motion. 6. Mr. Jackel moved for agenda approval and that Item 32 be removed from the last item of the Regular Agenda to the second item of the Regular Agenda, Item 20 be removed from the Consent Agenda and placed as first item on the Regular Agenda and Item 14.a. be added to the Consent Agenda, seconded by Mrs. Horenburger. Mrs. Horenburger made a substitute motion that, in addition to Mr. Jackel's motion, Item 16 be removed from the Consent Agenda and placed at the end of the Regular Agenda and Item 18 be completely re- moved from the agenda, seconded by Mr. Jackel. Said motion passed una nimo us 1 y. PUBLIC HEARING 7. Ordinance No. 21-84 - Zonin~ Ordinance Amendment - Non- Im~actin~ Site Plan Modifications. Ordinance No. 21-84, amending Chapter 30 "Zoning" of the Code of Ordinances to allow administrative approval of non-impacting site plan modifications, is before Council for consideration on Second and FINAL Reading. The proposed amendments will also establish a $100 fee for minor site plan modifications. 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. 21-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING ", SECTION 30-21, "CONDITIONAL USES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 30-21(F), "MODIFICATION OF APPROVED CONDITIONAL USE", AND ENACTING A NEW SECTION 30 -21(F) "MODIFICATION OF APPROVED CONDITIONAL USE", BY ALLOWING ADMINISTRATIVE APPROVAL OF NON-IMPACTING SITE PLAN MODIFICATIONS; PROVIDING AN APPEAL PROCEDURE FROM STAFF DECISIONS TO THE PLANNING AND ZONING BOARD AND ESTABLISHING A $100.00 FEE FOR MINOR SITE PLAN MODIFICATIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 21-84 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. 21-84 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. 8. Ordinance No. 24-84 - Threshold Buildings. Ordinance No. 24-84, amending Chapter 9 "Building and Construction" of the Code of Ordinances requiring a special inspector for 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. The City Manager presented Ordinance No. 24-84: - 4 - 04/24/84 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 ENACTING A NEW ARTICLE X VIII, "SPECIAL REQUIREMENTS OF THRESHOLD BUILDINGS"; PROVIDING DEFINITIONS; ESTABLISHING THE PROCEDURES OF THE BUILDING DEPARTMENT REGARDING SPECIAL INSPECTION SERVICES FOR THRESHOLD BUILDINGS; SETTING FORTH THE DUTIES OF OWNERS OF THRESHOLD BUILDINGS TO PROVIDE SPECIAL INSPECTION SERVICES, TO REQUIRE THE SPECIAL INSPECTOR TO PROVIDE PROFESSIONAL LIABILITY INSURANCE, TO MAINTAIN INSPECTION RECORDS, TO FILE TRUE COPIES OF INSPECTION RECORDS, AND TO COMPLETE AFFIDAVITS PRIOR TO AND AT THE TERMINATION OF EMPLOYMENT AS A SPECIAL INSPECTOR ON THE PROJECT; SETTING FORTH THE FORM OF THE AFFIDAVITS; PROVIDING ADDITIONAL REQUIREMENTS FOR THRESHOLD BUILDING; PROVIDING SECTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 24-84 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. 24-84 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. 9. Ordinance No. 27-84 - Zoning Ordinance Amendment - Telephone Switchin~ Stations. Ordinance No. 27-84, amending Chapter 30 "Zoning" of the Code of Ordinances to allow telephone switching stations in all zoning districts, 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. 27-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OR ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1, "DEFINITIONS" BY ADDING A NEW SUBSECTION TO ALLOW TELEPHONE SWITCHING STATIONS IN ALL ZONING DISTRICTS, WITH NO MINIMUM LOT AREA REQUIRED; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ADDING A SUBSECTION (v) "TELEPHONE SWITCHING FACILITY"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 27-84 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. Mrs. Alice Finst, 707 Place Tavant, representing the Board of Directors of the Homeowners League of Chatelaine, stated they wish to be exempted from this ordinance and outlined the reasons for this re- quest. Mr. Jackel stated it is his understanding that these build- ings can be reasonably large and he does not think the proper place for them would be in a residential area. He would like to exempt all res- idential areas and let the switching stations be placed in commercial areas. - 5 - 04/24/84 Upon question by Mayor Campbell, Mr. McDaniel stated these stations would be subject to site plan approval. The request for this ordinance change was submitted to the Planning Department, in letter form, from Pete Snyder, representing Southern Bell. The request came before the Planning and Zoning Board, was discussed at several meetings, and a number of restrictions were included before the final recommenda- tion to Council. One of those recommendations was that the maximum size of the buildings should be limited to 500 feet. Another possible solu- tion is that, in residential neighborhoods, it be subject to conditional use approval. Mrs. Elizabeth Matthews, 1024 White Drive, questioned wheth- er these stations are needed on a regional basis or would there only be one City-wide. She added there are already numerous telephone boxes sitting on the rights-of-way of streets which are unsightly and feels they need more information on this before they allow the stations. Mr. McDaniel explained that these stations have to be lo- cated near the homes they will be servicing as it helps to transmit and boost the signal. One station would not satisfy the needs for all of Delray Beach; there would probably be about three stations to service the entire Delray Beach area. Mr. George Palahunic stated one of the reasons for this ordinance change request is that it will save Southern Bell the cost of having to install cable to service new residences. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 27-84 on Second and FINAL Reading, seconded by Mr. Bird. Mr. Bird made a substitute motion that Ordinance No. 27-84 be returned to staff and the Planning and Zoning Board for appropriate modification, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 28-84 - Zonin~ Ordinance Amendment - Postin~ of Notice of Proposed Rezonin~. Ordinance No. 28-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to posting of property proposed for rezoning, 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. 28-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-23, "REZONING REQUESTS", SUB- SECTION (B), "PROCEDURES", TO ENACT A NEW SUB-SUBSECTION (d) REQUIRING IN ADDITION TO THE OTHER REQUIRED NOTICES, THE POSTING OF A NOTICE OF PROPOSED REZONING ON THE PROPERTY PROPOSED TO BE REZONED AT LEAST TEN (10) DAYS IN ADVANCE OF THE PUBLIC HEARING BEFORE THE PLANNING AND ZONING BOARD; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 28-84 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. - 6 - 04/24/84 Mr. Jackel moved for the adoption of Ordinance No. 28-84 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: 11. Appointment - General Employees Retirement Fund Committee. Council is to consider the appointment of Willard V. Young as a member of the General Employees Retirement Fund Committee. 12. Appointment - Proposed County-Wide Erosion Prevention Dis- trict Steering Committee. Council is to consider the appointment of Marie Horenburger as a member of the Proposed County-Wide Erosion Pre- vention District Steering Committee. 13. Appointment - Contractors Board of Examiners. Council is to consider the appointment of Susan Ince as a regular member of the Board of Examiners to the unexpired term of Alvaro Vera ending October 19, 1985. 14. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of April 12, 1984. Council is to consider ratification of SCRWTD Board action relative to First Amendment to Sludge Handling Contract. This was approved 9-0 by the SCRWTD Board. 14.a. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of April 12~ 1984. Council is to consider ratification of SC~TD Board action relative to Professional Consulting Services Contract. 15. Developers Utility Service Agreement - Centex Homes of Florida, Inc. Council is to consider authorizing execution of agree- ment between the City and Centex Homes of Florida, Inc., for water and sewer service to Rainberry Bay (Section IV-B). $4,500 ($62.50 per living unit for sewer and $37.50 per living unit for water = $100 x 45 living units) will be paid to the City at a time spelled out in the agreement. Approval is recommended. 17. Utility Trucks - Public Utilities, Public Works and Parks and Recreation Department. Council is to consider award of contracts to the following bidders for utility trucks: Abraham Bill Wallace Powell Chevrolet Ford Motors Total Pub Ut $14,831.32 $58,023.49 $72,854.81 (8 trucks) Pub Works 9,549.51 9,549.51 (1 truck) P & R 8,807.03 $7,256.56 16,063.59 (2 trucks) Funds are to come from the 1983-84 departmental budgets. Approval is recommended. 19. Final Plat Approval - Friedes Plat Number One. Council is to consider a request for final plat approval for Friedes Plat Number One consisting of one existing and one proposed light industrial build- ing, located at the northwest corner of the F.E.C. Railroad and Linton Boulevard. This was approved 6-0 by the Planning and Zoning Board, subject to the following conditions: - 7 - 04/24/84 (1) Engineering Division's memorandum of March 22, 1984; and (2) That the landscape plan submitted by the ap- plicant, and subsequently approved by the City Horticulturist in her memorandum of April 9, 1984, be implemented and complied with prior to the issuance of a Certificate of Occupancy for the second building. 21. Abandonment of Easements within Crosswinds, Phase II. Resolution No. 33-84, vacating and abandoning easements within Cross- winds, Phase II, is before Council for consideration. The subject property is located west of Homewood Boulevard between Germantown Road and Linton Boulevard. The caption of Resolution No. 33-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN EASEMENTS WITHIN CROSSWINDS, PHASE II, AS RECORDED IN PLAT BOOK 44, PAGES 34, 35 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 33-84 is on file in the official Resolution Book) 22. Garbage and Trash Collection Throughout the County. Resolu- tion No. 34-84 to the Palm Beach County Board of Commissioners, urging the immediate passage of appropriate ordinances requiring mandatory garbage and trash collection throughout the unincorporated areas of the county, is before Council for consideration. The caption of Resolution No. 34-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE COUNTY COMMISSION OF PALM BEACH COUNTY, FLORIDA, URGING THE IMMEDIATE PASSAGE OF AP- PROPRIATE ORDINANCES REQUIRING MANDATORY GARBAGE AND TRASH COLLECTION THROUGHOUT THE UNINCORPORATED AREAS OF PALM BEACH COUNTY, FLORIDA; AUTHORIZING AND DIRECTING THE CITY CLERK TO FURNISH CERTIFIED COPIES OF THIS RESOLUTION TO THE COUNTY COMMISSION OF PALM BEACH COUNTY INDIVID- UALLY, T~E COUNTY ADMINISTRATOR, COUNTY ATTORNEY, THE PALM BEACH COUNTY MUNICIPAL LEAGUE, AND ALL OTHER AP- PROPRIATE OFFICES AND AGENCIES. (Copy of Resolution No. 34-84 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda as amended, seconded by Mr. Weatherspoon. Said motion passed unanimously. REGULAR AGENDA 20. Summer Play Program - Delra¥ Beach Country Club. Council is to consider the establishment of a summer play program wherein tickets can be purchased for $150 for 20 plays, plus 5 free plays. Mr. Bird moved to approve a summer play program wherein tickets can be purchased for $150 for 20 plays, plus 5 free plays, seconded by Mrs. Horenburger. Mrs. Phyllis Plume stated Council is proposing a summer play program; however, they do not plan to reduce the regular greens and cart fees. The country club is leasing carts and paying rent whether they are in use or not; most other clubs reduce the cart rate and encourage more use, if possible, by the golfers. They then reduce the greens fee, often in half, in order to bring in outsiders and non-permit holders. - 8 - 04/24/84 By reducing the cart fee it would give a small break to the permit holders who support the club year round. She also stated that the $150 package being proposed does not come close to meeting the competition. She requested that Council reconsider the summer play program and in- stead simply institute a reduced greens fee and cart fee from May 1st to October lst; this would meet competition from nearby municipal courses and would generate traffic. Mr. Jackel stated he agrees with Mrs. Plume's comments and feels they should seriously consider her suggestion. Mr. Bird stated what is on the agenda tonight was an alter- native to a summer membership. It was decided a membership was not appropriate; if there was a golfer who played consistent golf, the coupon system would give them a little lesser rate than someone who would only play once or twice during the summer. He feels there ought to be some method, if a membership is not appropriate, whereby they can give the consistent golfers a break. If they decide to reduce the rates they could make it $5.00 for residents, $7.50 for non-residents and make the 20 plays plus 5 free plays ticket book $100 for having paid up front. They could also encourage play by making the ticket books expire on October 1st. Mr. Bird made a substitute motion that they establish a coupon play price of $100 for 20 plays, plus 5 free plays, the greens fee to be established at $5.00 for residents, $7.50 for non-residents and a cart fee of $6.00, those rates to be established from May 1st through September 30th, the coupons to expire then and be non- transferable, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Sam Rosenbaum stated he feels the coupon system is good but they should make it compulsory for the player to ride a cart. At this point the roll was called to the motion. 32. Ordinance No. 29-84 - Minimum Door Width Requirements. Ordinance No. 29-84, amending Chapter 9 "Building and Construction" of the Code of Ordinances relative to adding minimum door width require- ments for dwelling units, hotels and motels, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 22nd. The City Attorney advised that, before they read the caption of the ordinance, they will need to discuss which of the two alter- natives Council wishes to have the caption read on. One of them in- cludes and one specifically excludes single family and duplexes. The City Attorney stated at the last meeting, when this was discussed, he was directed to research the question of potential con- flict with the State's handicapped access statutes. A question arises that the State Statutes which deal with handicapped access are made applicable to a number of different kinds of buildings and structures; however, within the terms of the Statute 553.483(f) they specifically exempt, from the State Statutes application, single family dwelling units and duplexes. In an Attorney General's opinion which was issued in 1980, the question came out about the applicability of condominiums. However, in the course of the discussion they made a determination that because the State Statutes specifically exempted single family dwelling units and duplexes, that therefore preempted local governments from enacting any legislation which would be in conflict with that; ie. that Delray Beach could not make it applicable to single family and duplexes. Mr. Bird moved that they consider the ordinance exempting single family dwellings and duplexes, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horen- burger - No; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion failed by a 3 to 2 vote. - 9 - 04/24/84 Before roll call, Mr. Ennis stated he feels the Attorney General's opinion is outdated. In 1980 the Florida Paraplegic Associ- ation went as high as the Appelate Court in Florida and it was ruled unconstitutional to deny accessibility or to list condominiums as partic- ular types of dwellings, excluding them from handicap accessibility. To allow handicapped people to have complete flexibility of use of homes is what they are looking for and no type of building should be exempted. At this point the roll was called to the motion. The City Manager presented Ordinance No. 29-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE II, "BUILDING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 9-17 , "AMENDMENTS AND ADDITIONS TO CODE", TO INCLUDE AMENDMENTS TO SECTION 508 OF THE STANDARD BUILD- ING CODE, BY ADDING A NEW SUBSECTION 508.1, "APPLICA- TION'', TO REFER TO SUBSECTION 508.4(g) FOR APPLICATION OF SINGLE FAMILY UNITS AND DUPLEXES; BY ADDING A NEW SECTION 508.4(g) TO ADD MINIMUM DOOR WIDTH REQUIREMENTS FOR DWELLING UNITS INCLUDING SINGLE FAMILY UNITS AND DU- PLEXES, AND HOTELS AND MOTELS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; 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. 29-84 on First Reading, seconded by Mrs. Horenburger. Mr. Bird made a substitute motion that they make the motion include a requirement on the part of the City Attorney to take it forth to the Attorney General's Office for an opinion, 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 - No. Said motion passed with a 3 to 2 vote. Upon question by Mayor Campbell, the City Attorney advised the ordinance just adopted on first reading can go on to second reading with the caveat that it not be made effective until they have a response from the Attorney General as to its acceptability. 23. Conditional Use - Atlantic Animal Hospital at Mayfair Plaza. Council is to consider a request for conditional use for the Atlantic Animal Hospital at Mayfair Plaza, a proposed veterinary clinic, located on the east side of S.E. 6th Avenue between S.E. 8th Street and S.E. 9th Court. This was approved 6-1 (Wallin dissenting) by the Planning and Zoning Board, subject to the following conditions: (1) That the only conditional use to be permitted hereunder is a veterinary clinic, no on-site disposal of carcasses, and providing overnight accommodation of patients is for medical treat- ment only, but excluding boarding facilities; (2) That appropriate sound-prooofing measures be taken to effectively muffle the sound of barking dogs; (3) That the square footage for this approval not exceed 1,244 sq.ft.; (4) That this veterinary office serve only as a small animal clinic as that term is generally understood by veterinarians (i.e. dogs, cats, goldfish, etc.); and (5) That adequate ventilation be provided. Mr. Bird moved to approve conditional use for the Atlantic Animal Hospital at Mayfair Plaza, seconded by Mr. Jackel. Said motion passed unanimously. - 10 - 04/24/84 24. Certificate of Occupancy - August Urdl. Council is to consider a request to issue Certificate of Occupancy to August Urdl for recently completed building on the property. A quit claim deed granted to the City in 1970 stated that improvements of this right-of-way would not be assessed against the property. The Certificate of Occupancy is not being issued because of the ordinance requiring rights-of-way to be paved by the owner. The City Attorney advised Council of the problem involved and explained why this is before them for a decision whether or not to waive the paving requirements in Section 20-30 to this particular prop- erty. Mr. Bird moved to waive the paving requirements in Section 20-30, with regard to this piece of property, and instruct the Admin- istration to issue a Certificate of Occupancy at the earliest possible time, seconded by Mr. Jackel. Said motion passed unanimously. 25. Appeal to Denial of Community Appearance Board - Dennis Nagel, Inc. Council is to consider appeal of CAB denial of flat wall sign at 12 S.E. First Avenue. Mr. Dennis Nagel presented his sign before Council. Mr. Bird asked that the City Attorney remind him of the criteria to be applied to signs for the Community Appearance Board. The City Attorney advised that the CAB review criteria for signs states the aesthetic quality of a building or indeed of an entire neighborhood is materially affected by achieving visual harmony of the signs on or about a structure as they relate to the architecture of the building or the adjacent surroundings. In addition to the mechanical limitations, i.e. sizes on the signs imposed by Article 8, there are certain aesthetic considerations which must be met; (a) the scale of the sign must be consistent with the scale of the building on which it is to be placed or painted, (b) the overall effect of the configuration or coloring of the sign should not be garrish and (c) the color shall not conflict with other signs already on the building or in the immediate vicinity. Mrs. Alice Finst, member of the Community Appearance Board, presented a photograph of the building in question. She stated that the building is an old-time, cottage style building and she feels that the sign Mr. Nagel wishes to place on it is not consistent with the aesthet- ics of the building. Mr. Weatherspoon stated he went by the building before the meeting and noticed that the lettering, already on the building, is black. He cannot see where Mr. Nagel's sign will degrade the building. Mr. Weatherspoon moved to approve the sign, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion failed by a 3 to 2 vote. 26. Approval Extension - The Harbour's Edge. Council is to consider a request for an extension of the time period within which the developer retains the option to substitute The Harbour's Edge site plan for the Old Harbour site plan. This option will expire on April 30, 1984. The property is located at the northwest corner of Linton Boule- vard and the Intracoastal Waterway. The Planning and Zoning Board recommended, by a vote of 6-0, that a two month extension be granted, subject to the following conditions: (1) Conditions of the approval granted by City Council on March 22, 1983, except as sub- sequently modified; (2) Conditions of the approval granted by the Plan- ning and Zoning Board on February 28, 1984; and (3) That this be the final extension to be granted. - 11 - 04/24/84 Marian Pearlman Nice, representing Linton Intracoastal Corp., requested that the extension be granted through August 31, 1984. She explained that they have not completed the financing for this pro- ject and need the additional time to work this out. Mr. Jackel moved to grant a 120 day extension, seconded by Mrs. Horenburger. Said motion passed unanimously. 27. Appointment - Code Enforcement Board. Council is to con- sider the appointment of an alternate member to the Code Enforcement Board to a term ending January 14, 1986. Mrs. Horenburger moved to appoint Mr. William Hamilton as an alternate member to the Code Enforcement Board to a term ending January 14, 1986, seconded by Mr. Bird. Mr. Jackel advised that he spoke to Mr. Hamilton recently and was told that he (Mr. Hamilton) could not accept the position. hrs. Horenburger withdrew her motion, Mr. Bird withdrew his second. Mr. Jackel moved to appoint Mr. Jacob Strohl as an alternate member to the Code Enforcement Board to a term ending January 14, 1986, seconded by Mr. Bird. Said motion passed unanimously. 28. Rezonin~ and Land Use Plan Amendment - Scott/Webber. Council is to consider a request to rezone two contiguous lots from R-1AA (Single Family Dwelling) District to RM-6 (Multiple Family Dwell- ing) District, located on the north side of Miramar Drive, between State Road A1A and Gleason Street. The lots are occupied by two single family homes. The Planning and Zoning Board, by a vote of 7-0, recommends that the request be denied for the following reasons: (1) This request is not consistent with the Land Use Plan in that the request is for a multiple family use while the Land Use Plan reserves this area for Single Family; and is likely to have an adverse effect on the Plan in that it will tend to erode the single family character in this as well as other beach-side single family pre- serves; (2) This change will be contrary to the existing land use pattern in that these lots, as well as all of the remaining lots on both sides of Miramar Drive to Gleason Street, are being utilized for single family residences; (3) The present district boundaries are not il- logically drawn in relation to the existing condition on the property proposed for rezoning; (4) Conditions have not changed, nor are they chang- ing, to any substantial degree which would make uhis proposed rezoning necessary; (5) This change will adversely influence living conditions in the neighborhood inasmuch as the remainder of the single family homes on Miramar Drive will be threatened by the encroachment of multiple family housing; (6) This change would act as a deterrent to the improvements or development of adjacent property in accord with existing regulations in that residents will perceive that the City is no longer committed to preserving the historical single family character of this and similar beach-side single family districts, thus dis- couraging their continued use as single family uwellings; (7) There are no substantial reasons why the prop- erty cannot be used in accordance with existing zoning; and (8) Sufficient evidence has not been submitted to justify the need for the change. - 12 - 04/24/84 Mr. Bird moved to approve the rezoning request, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - No; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion failed by a 5 to 0 vote. Before roll call, the City Attorney advised that assuming the motion fails, the intent of the motion would be to adopt, as the grounds for the failure of the motion, those reasons set forth in Mike McDaniel's memorandum of April 17, 1984. Council concurred. At this point the roll was called to the motion. 2~. Request for Water Service - Highland Park Company. Council Ks to consider a request to enter into water service agreement by High- land Park Company, an existing mobile home park located along Barwick Road, north of Atlantic Avenue. Robert Pontek, Director of Public Utilities, stated he has received a request from the President of the mobile home park for water service. The park received a letter from the Palm Beach County Health Department requiring them to take their non-community water supply system and make improvements to the cost of $80,000. A water line does exist within the purview of them being able to connect. They have not made an application, they are merely asking if Council would entertain an application for outside City service. The situation, as he knows it to be, is that they are not contiguous; however, with other developments in the area there is a high likelihood that within the next two years they would become contiguous. Mayor Campbell questioned who would sign the agreement as far as annexation is concerned. The City Attorney advised if the Highland Park Company is not the owner of the land then they would have to be obligated to see to it that each and every individual lot owner executed a duplicate water service annexation agreement. Mr. Bird stated that one of the barriers to incorporating the commercial property, which exists at Military Trail and Atlantic Avenue, is that they have to get by Kingsland Pines and Highland Park; the trailer park is easier to get by. He can forsee that in a fairly short period of time the park is going to become one of the keystones to obtaining access to Military Trail. He feels it would be important to the City to have the annexation agreements in hand. It was the consensus of Council that unless all 125 property owners in Highland Park come in and execute water service annexation agreements they would not consider the request; it would then have to come back to Council before any further action is taken. 30. Request for Sewer Service West of Military Trail. Council is to consider a request by Heritage Development for sewer service to a parcel currently planned for 175 units. The parcel is located along the north side of Atlantic Avenue, west from Military Trail, adjacent to High Point. Mr. Pontek stated this particular parcel was originally envisioned in the master layout for the sewer system. His documents do indicate that they have an obligation to supply sewer service west of Military Trail. He has no problem with supplying sewer service; how- ever, if they have an obligation, at this time, not to serve water west of Military Trail, Palm Beach County is most likely going to request a connection as they are only 20 feet away from the property line. Mr. Bird suggested that they solve the sewer service before they get bound up with water service. He feels Council ought to make a clear policy statement, at least for the foreseeable future, that until such time as the additional 12 million gallons of plant capacity are available at the sewer plant, extending sewer service beyond the E-3 Canal to the west would be a serious mistake. - 13 - 04/24/84 Mr. Bird moved, for the record, that the City extend sewer service only as far west as the east bank of the E-3 Canal, thus denying this request, seconded by Mrs. Horenburger. Said motion passed unan- imously. Mayor Campbell suggested that they discuss the water and sewer question more at a workshop meeting. This would give everyone, especially the new Council members, an opportunity to research the history of what Council's position has been over the past few years relative to the boundary at Military Trail. Mr. Bird stated he recalls a meeting, approximately three years ago, when this specific issue came before Council. He would be interested to have, for the workshop meeting, Council's expression at that time. 31. $12,000,000 Water and Sewer Revenue Bonds. Resolution No. 35-84, authorizing the issuance of $12,000,000 Water and Sewer Revenue Bonds, Series 1984, is before Council for consideration. Mayor Campbell stated this was discussed at workshop and they were considering whether or not to go the negotiated route or the open bid route. If they decide to go the negotiated route it would be appropriate not to adopt this resolution at this time; they would enter into an agreement with the underwriters to work with the staff of the City in order to review the bonding requirements and possibly rewrite or have direct input into the language of the resolution. At that time, the underwriter would make its proposal to the City for the bonds. If they do not like the proposal they could reject it with no obligation to the underwriting company. The City Attorney advised it is not necessary for them to take any action on this resolution, but that is assuming Council wishes to leave all potential variables open to deal with the covenants of the new bond. This would lock them into the same covenants as they have had since 1963. Mr. Jackel stated he would not like to be locked in; how- ever, on the other hand there is a time element and it takes a certain amount of time to validate the bonds. He can see no reason why they cannot approve the resolution and if necessary amend it at a later date. It was the consensus of Council to go the negotiated route. Mr. Jackel stated he feels if they try the negotiated sale method they should ask for proposals now. Mr. Bird stated that if they start down the road to valida- tion, assuming there are some changes they find desirable, and then go to a negotiated sale, it can still occur during validation. You can sell bonds subject to a lot of things. However, if you decide to change the bond covenant, then go to validation and competitive bid, that is where the delay occurs. Mayor Campbell stated he feels it would be appropriate to designate the underwriter, perhaps at the next workshop meeting, and allow the other underwriters who are interested in entering into this negotiation to make a presentation to Council at that time. Council can then select which one shall be the underwriter to work with the staff on the review of the resolution. Mr. Bird stated that time is of the essence and suggested they have a special workshop meeting. It was the consensus of Council to have a special workshop meeting on Friday, April 27th at 4:00 P.M. 16. Conditional Use Approval - Crystal Water Company. Council is to consider a request for conditional use approval for Crystal Water Company, an existing natural resource utility, located west of Swinton Avenue between S.W. 7th Street and S.W. 8th Street. This was approved 5-1 (Wallin dissenting and Ellis abstaining), subject to the following conditions: - 14 - 04/24/84 (1) That the only use to be permitted hereunder is a natural resource utility; and (2) That the following landscaping improvements be made to the site: (1) A hedge along the south and west property lines be planted; and (2) ten trees, preferably Palms, be planted along the Swinton Avenue front property line, at no less than 30 feet on center. Mrs. Horenburger stated that after reviewing this item with several Planning and Zoning Board members, Mr. Power and the City Hor- ticulturist, they decided to ask that a modification be made to the second condition. The board members were not aware there was a hedge along the fence that exists and they decided to amend the condition to read "place two clumps of three palm trees, minimum of six feet in height, in grass area on each side of front entrance walk, continue hedging, minimum of three feet in height along the east chain link fence to match the existing hedge material and continue around south and west". Mr. Bird stated he cannot understand why, if under the present code they require that a parking lot be screened, the parking lot for the vehicles is not hedged. Upon question by Mr. Bird, Mr. McDaniel stated when this came before the Planning and Zoning Board there was a request that the requirement for a site plan modification be waived. There were no landscaping plans submitted and in final discussion it was decided that some additional landscaping needed to be provided. He suggested that the easiest way to handle Mr. Bird's concern would be to ask that the landscaping on the site be brought up to code, a landscaping plan be submitted and approved by the City Horticulturist. Mrs. Horenburger stated her concern is that if the owner is required to bring his property up to code, the parking lot would have to be completely redone and the configuration changed. Mr. McDaniel stated he would request that a landscaping plan be submitted bringing the site as much as is reasonably possible up to code, without requiring a lot of unnecessary extra reconstruction of an existing parking area. Mr. Bird suggested they approve Mrs. Horenburger's alter- native language, not stipulate it, but rather suggest that staff be given the option to get a landscape plan which comes as close to code as possible, and at a minimum, as an alternative, accept the language which has already been proposed. Mr. Bird moved to accept the conditional use approval re- quest, subject to the limitations shown in Mr. McDaniel's memorandum of April 17th, subject to a minimum landscape improvement as delineated by Mrs. Horenburger, but referring the matter to staff for a landscape plan with an attempt to bring it closer to code than that minimum require- ment, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mayor Campbell declared the meeting adjourned at 9:40 P.M. ATTEST: MAYOR - 15 - 04/24/84 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 April 24, 1984, which minutes were for- mally 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. - 16 - 04/24/84