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05-08-84 MAY 8~ 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, May 8, 1984. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger (arrived 7:05 P.M.) Council Member Arthur Jackel Council Member Jimmy Weatherspoon (arrived 7:05 P.M.) 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 Mr. David Cauley, Direc- tor of Christian Education, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Jackel moved for approval of the minutes of the Regular meeting of April 24, 1984, seconded by Mr. Weatherspoon. Said motion passed unanimously. 5.a.1. Mrs. Jeanette Slavin, Rainberry Bay, spoke in regard to the condition of the bicycle path along Lake Ida Road, noting that it disap- pears intermittently and is in need of repair. She asked Council to consider having a line item of $25,000 in this year's budget to put in a bike path continutation based on 50/50 funding with the County; this will provide them with a bike path in good condition that goes from West Delray Beach to A1A. 5.a.2. Mr. Mark Stowe, 30 N.W. llth Street, read the following letter from the Chamber of Commerce into the record: "Dear 5]ayor and City Council, The 1984 Delray Affair was by all standards the best ever. We owe a great deal of thanks to the many individuals who made it so. First and foremost w~ would like to express our sincere thanks to members of the City Council for granting not only your endorsement, participation and support, but also allowing the generous use of the Adult Recreation Center for the wine and cheese event. This event raised several thousand dollars for the badly needed new holiday street decorations on Atlantic Avenue. Also we wish to commend the City Manager and staff members who were most helpful throughout the event. It is through this cooperative effort that the Delray Affair has grown to be one of the biggest and best events in South Florida." Mayor Campbell complimented the Chamber of Commerce for a very fine event and recognized Connie Tuttle and Paulette Burton for their contribution to the Delray Affair. 5.a.3. Mr. Ray Bender, 102 N.E. 17th Street, spoke in regard to the City's Code Enforcement policy. He requested that the City policy be changed back so that the Code Enforcement Officers would act on a com- plaint only basis and not at their own discretion. Mayor Campbell advised that they are seriously looking into the Code Enforcment area with regard to the procedural implementation of ordinances and the need for officers and what they will be doing. 5.b.1. Mr. Weatherspoon reported that after paying the expenditures incurred, his campaign account had a balance of $607.47. He and his committee decided to divide the money among two non-profit organizations whose work help the City; $303.00 for the Delray Beach Voters League and $304.47 for the Community Chest. He added that the Community Chest portion is to be used to help fund the newly formed after school program in Delray Beach. 5.b.2. Mr. Weatherspoon reported that last Saturday, on behalf of the Mayor and the City, he received a plague and flag in regard to Delray Beach being named "Tree City, USA". He presented these items to Council and the audience. 5.b.3. Mrs. Horenburger reported on her trip to Tallahassee and Senate Bill #948 regarding the 8th Street Bridge. She confirmed that they are going to ask Senator Johnson to pull that bill before the Deputy Secretary of the Department of Transportation can submit a nega- tive report to the Transportation Committee. Further, the bill was going to move and there is no point in their pursuing that avenue; they have some other avenues to look into. 5.b.4. Mrs. Horenburger moved to appoint Mayor Campbell to the Metropolitan Planning Organization, seconded by Mr. Jackel. Said motion passed unanimously. Mayor Campbell stated that the 8th Street Bridge is of particular concern to him. He has spoken to the City Manager about this and one of the eventualities they may have to look at is the fact that the City could end up with this bridge, the cost of maintenance of which is running $8,000 a month. They are going to have to try to raise some funds if they get stuck with it and he suggests they look into a bond issue and let the people of Delray vote on whether they echo the wishes of the State and the County, i.e., that they do not need the bridge. Mayor Campbell asked that the City Manager and City Attorney look into the preliminary steps to undertake consideration of such a bond issue. Mr. Bird suggested that, if they follow through on the Mayor's suggestion, the appropriate time to have such an election would be in November, when a greater portion of the bridge users might be in attendance. Mr. Bird advised that they have the alert from the Florida DOT concerning quantitative criteria for the evaluation of functional classifications of public roads. He suggested that Council direct the Administration to send their most persuasive lobbyists and that they as a Council and the City Administration be represented at the meeting to be held on Wednesday, May 23 at 10 AM at the West Palm Beach Courthouse. Mayor Campbell suggested that the citizenry attend this meeting as well. 5.b.5. Mr. Jackel referred to a letter dated April 23rd which he received from Alexander Simon, Jr., Chairman of the Coordinating Coun- cil, which deals with the beautification of the City, mainly City cor- ridors. Mr. Jackel read the following portion of the letter: "%;e are concerned about the effect of County pockets being deve- loped having obtained an annexation/utility agreement with the City of Delray Beach. It is felt that those developments that would be annexed be developed and constructed under certain City requirements. At the time a given parcel of land has been ap- proved for a water service/annexation agreement with the City for subsequent annexation, it is the Council's feeling and we so urge City Council, that those developments be required to obtain approvals from the City for landscaping, setback requirements, materials, height and colors. The City should have the right to approve of those improvements before they are constructed." Mr. Jackel added that he is in agreement with Mr. Simon's comments and suggests they make a motion to that effect or put this item on next week's workshop agenda. It was the consensus of Council to schedule this item for next week's workshop meeting. - 2 - 05/08/84 5.b.6. Mayor Campbell presented and read a proclamation proclaiming May 20, 1984 as "Jubilee Day" and the week beginning May 13, 1984 as "Jubilee Week". Mr. Spencer Pompey came forward to accept the proclama- tion. 5.c.1. The City Attorney stated that regarding Item 17 of the Consent Agenda, a new draft of Resolution No. 39-84, relative to the Enterprise Zone, has been distributed to Council; this draft gives a more accurate description of the geographic area and the new draft should be incorporated into Council's motion. Further, Ordinance No. 31-84 which is on the agenda as Item #27 has been split so there are two separate ordinances, Ord. No. 31-84 and the new one, Ord. No. 37-84. He requests that they add Ord. No. 37-84 on First Reading to be Item 27a on the agenda. The City Attorney requested that Item #12, Richard Block Property, be moved from the Consent Agenda to the Regular Agenda. Further, that under Item #19 of the Consent Agenda, the motion to adopt Resolution No. 41-84 be subject to those five conditions set forth in the May 1st letter from his office to David Baker who represents Fair- banks Cable. 5.c.2. The City Attorney reported that they are in the process of renegotiating the franchise agreement with Southern Bell. The central issue is whether or not they should request from Southern Bell a fran- chise fee this year vs. getting a discount on the City's phone bill which is what they have had in the past. They are looking for guidance from Council as to which way they want to negotiate. It was the consensus of Council to put this on the workshop agenda for next week. 5.c.3. The City Attorney reported that Council has been provided with Ordinance No. 36-84 which they may want to consider this evening on First Reading. It is the ordinance which increases the water rates and it is his understanding that the rates are increased 15% across the board on the capacity charges. He suggested that Council add this to the agenda as Item #32. 5.c.4. The City Attorney reported that Resolution No. 42-84, the budget amendment reflecting the increased revenues in the amount of about $75,000 from Federal Revenue Sharing, has been distributed to Council. Council may want to add this item to the agenda as Item 33. Mayor Campbell suggested they put this item on the Consent Agenda as Item 19a. Council concurred. 5.c.5. The City Attorney reported that this item involves a nui- sance abatement lien for lot mowing. The City did some lot mowing for Lake Ida Manor and the expenses incurred were $1,300 for the lot mowing with the additional administrative fee per lot for a total of about $3,600. Unfortunately, the current property owner was not the owner at the time the abatement procedure was commenced; therefore, the closing occurred prior to any lien being filed. Because of their concern over the enforcement of that lien, they have negotiated with the new owner who has agreed to reimburse the City for its out of pocket expenses plus the adminstrative fees for the single filing plus the filing fees in the amount of $1,358.10. Mr. Bird moved to accept the negotiated settlement, seconded by Mrs. Horenburger. Said motion passed unanimously. 5.d.1. The City Manager reported that an action taken earlier relative to the restaurant operations at the golf course requires Coun- cil endorsement. The operators have requested that they be allowed to close on Monday since there had been $4.00 taken in at 1:00 P.M. on Monday. The Administration agreed that it would be a good idea to allow them to close on Mondays at least until the end of September. Mr. Bird moved to endorse the Administration's position, seconded by Mr. Jackel. Said motion passed unanimously. - 3 - 05/08/84 5.d.2. The City Manager stated that at the last workshop Council made a request regarding the attendance of City Board and Committee members. An attendance roster has been prepared and distributed to Council for review. 5.d.3. The City Manager stated that they have a trailer behind City Hall which they have attempted to sell. They have yet to receive a price that Council is agreeable to. Presently they are looking at readvertising and are recommending that this trailer also be placed in their City auction. 5.d.4. The City Manager reported that several months ago Council instructed staff to secure proposals once they received architectural specifications for the pavillion at the beach. They have received three proposals ranging from a low of $28,500 to a high of $32,740. It was the consensus of Council to discuss this at the next workshop meeting. 5.d.5. The City Manager reported Council should have received a memorandum regarding the Water & Sewer Bond Issue financing. A large committee, including himself, the City Attorney, the Assistant City At- torney, the Finance Director, the Utilities Director, Bond Counsel from New York, Fiscal Advisor, the Underwriter, which Council selected, and their Engineering Consultant, met and went over a series of options available. The Committee's recommendation is to look at Option #2, the issuance of new money bonds and the refunding bonds together; this provides them with enough flexibility. Mr. Stanley Ross concurred with the City Manager's comments. Regarding Option #2, he added that when they do it all at one time there is no additional cost for the refunding. Mr. Bird moved to formally accept Option #2 and to instruct staff to proceed, seconded by Mr. Jackel. Said motion passed unani- mously. 5.d.6. The City Manager reported that he will soon be presenting Council with a date for the dedication of City Hall. 5.d.7. The City Manager reminded Council and Board members to be prepared for tomorrow night's softball game. 5.d.8. The City Manager reported that they have received an offer of $8,000 for the purchase of property, Lots 19 and 20, Block B, West- side Heights, located on N.W. 8th Avenue. If Council is interested in accepting the offer, the Administration suggests that Council authorize a reappraisal of the property. It was the consensus of Council to get an updated appraisal. Upon the request of Council, Mr. Willard Young agreed to prepare an update on the existing appraisal and to have it ready for Council at their next workshop meeting. 5.b.7. Mayor Campbell asked for an update on the deterioration of the dunes, the general condition of the beachfront and to what degree reconditioning might be necessary and the cost. Secondly, they need to look at some type of control of the beach area. He asked the City Manager to look into these items and report back to Council. Upon question by Mr. Jackel regarding Item 9, the City Attorney advised that he has some optional language to distribute to Council on Section 5, which is the effective date language. Council can phrase the motion to adopt Ordinance No. 29-84 on Second and FINAL Reading in the proper manner when they get to it. - 4 - 05/08/84 6. Mr. Bird moved for agenda approval subject to the new draft of Resolution No. 39-84 (Item 17), the addition of Item 27a, Ordinance No. 37-84 on First Reading, the removal of Item 12 from the Consent Agenda to be the first order of business on the Regular Agenda, Item 19 to be approved subject to the five conditions outlined in the City Attorney's letter of May 1st, the addition of Item 32, Ordinance No. 36-84 on First Reading, and the addition of Item 19a, Resolution No. 42-84, seconded by Mr. Jackel. Mr. Weatherspoon requested that Item 31, Ordinance No. 35-84 on First Reading, be moved forward to be the first item of business on the Regular Agenda. Mr. Bird noted that the revised Regular Agenda will then read 31, 12, 20. Mr. Bird amended the motion as requested, seconded by Mr. Jackel. Said motion passed unanimously. Mr. Bird left the Council Chambers at this time. PUBLIC HEARING 7. Ordinance No. 25-84 - Dumar Plaza Rezonin~. Ordinance No. 25-84, relative to rezoning a 1.63-acre parcel of land from RM-10 (Mul- tiple Family Dwelling) District to SAD (Special Activities) District), located east of Federal Highway between Avenue H and Avenue J, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration 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. 25-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES DISTRICT), BEING A 1.63 ACRE PARCEL OF LAND LOCATED EAST OF FEDERAL HIGHWAY BETWEEN AVENUE "H" AND AVENUE "J", SAID LAND BEING IN BLOCKS 27 AND 28 ACCORDING TO THE PLAT OF DEL RATON PARK SUBDIVI- SION, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AKA DUMAR PLAZA, A SUBDIVISION AS RECORDED IN PLAT BOOK 44, PAGES 188 AND 189 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE WEST 118 FEET OF DUMAR PLAZA, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 25-84 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. 25-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird returned to his seat at this time. 8. Ordinance No. 26-84 - Jaha Chicken Annexation. Ordinance No. 26-84, relative to annexing a 0.9-acre parcel subject to GC (General Commercial) District, located south of Gulfstream Boulevard between North Federal Highway and Dixie Highway, is before Council for con- sideration 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. - 5 - 05/08/84 The City Manager presented Ordinance No. 26-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED SOUTH OF GULFSTREAM BOULEVARD BETWEEN NORTH FEDERAL HIGHWAY AND DIXIE HIGHWAY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 26-84 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. 26-84 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. 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 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. 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 SUBSEC- TION 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. (Copy of Ordinance No. 29-84 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. Mr. Ron Ennis, representing Paralyzed Veterans of America, spoke in support of the minimum door width requirement and discussed the problems handicapped people have with getting through 24" doors. Mr. Dick Lancaster, VFW Member and permanently handicapped veteran, spoke in support of the minimum door width requirement and discussed the problem narrow doors create for the handicapped. Mrs. Greta Ennis spoke in support of the ordinance. Mr. Sam Markofsky, Disabled American Veterans, spoke in support of the ordinance. - 6 - 05/08/84 The public hearing was closed. The City Attorney stated that on First Reading the motion was to approve the ordinance on First Reading subject to the effec- tiveness being cleared by the Attorney General's Office. A question also arose as to the effectiveness from a technical standpoint, i.e., because they do not know when that AGO opinion will come back. The City Attorney presented three alternatives: (1) making the effectiveness subject to AGO permission; (2) adding language so that the ordinance would not become applicable until after the effective date and, in any event, would not apply to single family, duplex, hotels or motels who had pulled all their necessary building permits prior to the effective date; and (3) combining #1 and #2 above. Mr. Bird stated that at the time he suggested they get the AGO opinion, it was his understanding that this ordinance would not go into being until January 1, 1985, as mentioned by Mr. Ennis, which leaves adequate time for them to get a response from the AGO. Upon question by Mrs. Horenburger, the City Attorney advised that the origi- nal motion was that the ordinance was adopted on First Reading with the effectiveness to be subject to receiving an affirmative response from the AGO that the ordinance, as written, would be permissable in light of the provisions set forth in Chapter 553 Part 5, Handicapped Access Statutes. Mr. Bird noted that before they did not specify when it started and under what terms so it was unclear to the developer. Upon question by Mayor Campbell, the City Attorney advised that Alternative #2 only clarifies the applicability. Mrs. Horenburger moved for adoption of Ordinance No. 29-84 on Second and FINAL Reading incorporating the original motion on First Reading plus Alternative #2, seconded by Mr. Bird. 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. Before roll call the following discussion was had: Mr. Jackel stated that two years ago he brought up a motion regarding addi- tional beach parking for handicapped people along A1A; it was turned down by a previous Council. Last year he made a motion regarding an automatic door in City Hall; that was also turned down by a previous Council. The ordinance before them tonight is a good one. They do not require the Attorney General's opinion when they pass other ordinances and he questions why they are doing it in this case. He noted that the County Commission passed a similar ordinance without waiting for an opinion; the County was not concerned about the AG opinion of 1980. Mr. Jackel also questioned why they are so concerned about building permits. He intends to vote against the motion on the floor because he feels the attachments to the motion are needless delaying tactics. He urges Council to defeat this motion and to pass the ordinance as written without any additions effective January 1, 1985. Mrs. Horenburger stated that having spoken to the Attorney General's office about this last week, she feels they will receive a response within weeks, not months. Further, she feels it cannot hurt to get this opinion and have a clear and current view. The County's ordi- nance does not go into effect until January 1985 and she is sure they will have an AG response by then and their ordinance will be going into effect by that time. At this point the roll was called to the motion. - 7 - 05/08/84 CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 10. Water Service Outside the City - Florida Coast Bank of Palm Beach County. Council is to consider execution of a Water Service Agreement with Florida Coast Bank of Palm Beach County for property located at the northwest corner of Avenue "G" and Federal Highway in Del-Raton Park. The property is zoned CG (General Commercial) in the County and is designated C (Commercial) on the City's Land Use Plan. The proposed use is auto sales, leasing and repairs. This was approved by the Planning & Zoning Board by a vote of 6-0. 11. Water Service Outside the City - Burton and Barbara Ann Metsch. Council is to consider execution of a Water Service Agreement with Burton and Barbara Ann Metsch for a parcel of land located west of Germantown Road, between Georgia Street and Milfred Street. The prop- erty contains 2.4 acres and is designated I (Industrial) on the City's Land Use Plan. The proposed use is light industrial. This was approved by the Planning & Zoning Board by a vote of 4-0. 13. Developers Utility Service Agreement - Dimentional Builders & Associates, Ltd. Council is to consider authorizing execution of an agreement with Dimentional Builders & Associates, Ltd., for water and sewer service to Rainberry Bay, Section 8. $3,200 ($62.50 per living unit for sewer and $37.50 per living unit for water = $100 x 32 living units) will be paid to the City at a time spelled out in the agreement. Approval is recommended. 14. Rezonin~ Request - South of Tropic Boulevard~ between Federal Hi~hwa~ and Florida Boulevard (Botos). Resolution No. 36-84, requesting permisslon from the Palm Beach County Board of Commissioners to rezone Lots 1, 2, 45 and 46, Block 37 and a portion of Frederick Boulevard, Del-Raton Park to be annexed from RM (Residential Medium Density) in part and CG (General Commercial) in part (County) to SC (Specialized Commercial)(City), is before Council for consideration. This was ap- proved by the Planning & Zoning Board by a vote of 6-0. The caption of Resolution No. 36-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RM-RESIDEN- TIAL MEDIUM DENSITY, IN PART, AND CG-GENERAL COMMERCIAL, IN PART, TO THE CITY'S ZONING CLASSIFICATION SC (SPECIAL- IZED COMMERCIAL) DISTRICT. (Copy of Resolution No. 36-84 is on file in the official Resolution Book) 15. Rezonin~ Request - South of Tropic Boulevard~ between Federal Highway and Florida Boulevard (Botos). Resolution No. 37-84, requesting permission from the Palm Beach County Board of Commissioners to rezone Lots 12 through 18 and 29 through 35, Block 37, Lots 1 and 4, Block 21 and portions of Frederick Boulevard and Avenue B, Del-Raton Park to be annexed from RM (Residential Medium Density) in part and CG (General Commercial) in part (County) to SC (Specialized Commercial) (City), is before Council for consideration. The Planning & Zoning Board approved this by a vote of 6-0. The caption of Resolution No. 37-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RM-RESIDEN- TIAL MEDIUM DENSITY, IN PART, AND CG-GENERAL COMMERCIAL, IN PART, TO THE CITY'S ZONING CLASSIFICATION SC (SPECIAL- IZED COMMERCIAL) DISTRICT. - 8 - 05~08/84 (Copy of Resolution No. 37-84 is on file in the official Resolution Book) 16. Nuisance Abatement. Resolution No. 38-84, assessing costs on three properties in accordance with Sections 13-12 and 13-13 of the Code, is before Council for consideration. The caption of Resolution No. 38-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 38-84 is on file in the official Resolution Book) 17. Expansion of Delray Beach Enterprise Zone. Resolution No. 39-84, approving expansion of the geographic area within the City limits as an enterprise zone and authorizing application for such expanded enterprise zone, is before Council for consideration. The caption of Resolution No. 39-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, FINDING THE NECESSITY FOR AND APPROVING AN EXPANSION OF THE GEOGRAPHIC AREA WITHIN THE CITY LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA, AS AN ENTER- PRISE ZONE; PROVIDING FOR APPLICATION FOR SUCH EXPANDED ENTERPRISE ZONE. (Copy of Resolution No. 39-84 is on file in the official Resolution Book) 18. Industrial Revenue Bonds. Resolution No. 40-84, declaring the City's desires and availability to act as the local agency for issuance of revenue bonds, is before Council for consideration. The caption of Resolution No. 40-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE CITY OF DELRAY BEACH'S DESIRE AND AVAILABILITY OF THE CITY OF DELRAY BEACH TO ACT AS THE LOCAL AGENCY FOR ISSUANCE OF RE VENUE BONDS PURSUANT TO THE "FLORIDA INDUSTRIAL DEVELOPMENT FINANCING ACT", AND ENCOURAGING APPLICATIONS BE MADE TO THE CITY OF DELRAY BEACH BY PERSONS PROPOSING QUALIFIED PROJECTS; PROVIDING FOR COPIES OF THIS RESOLUTION. (Copy of Resolution No. 40-84 is on file in the official Resolution Book) 19. Transfer of Cable Television Franchise. Resolution No. 41-84, authorizing transfer of the cable television franchise from Fairbanks Cable of Florida, Inc., an Indiana Corporation, to Fairbanks Communications, Inc., an Indiana Corporation, is before Council for consideration. Approval is recommended subject to the following con- ditions: 1. A statement signed by the President or Vice-President of Fairbanks Communications, Inc., indicating that it accepts and agrees to be bound by the terms and conditions of the franchise agreement which Fairbanks Cable of Florida, Inc. has with the City of Delray Beach. - 9 - 05/08/84 2. A copy of the document filed with the incorporating state indicating the alteration in corporate structure. 3. The name of the Florida agent for service of process. 4. A current Certificate of Insurance in the name of Fairbanks Communications, Inc., evidencing compliance with the insur- ance requirements in the franchise agreement and providing the City with 30 day mandatory notice of cancellation of the policy. 5. We will also require that the bond be provided in the name of Fairbanks Communications, Inc. The caption of Resolution No. 41-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH PURSUANT TO CHAPTER 10, SECTION 10-18 AUTHORIZING A TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM FAIRBANKS CABLE OF FLORIDA, INCORPORATED, AN INDIANA CORPORATION, TO FAIRBANKS COMMUNICATIONS, INCORPORATED, AN INDIANA CORPORATION. (Copy of Resolution No. 41-84 is on file in the official Resolution Book) 19a. Budget Amendment. Resolution No. 42-84, amending Section 1 of Resolution No. 85-83, is before Council for consideration. The caption of Resolution No. 42-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 1 OF RESOLUTION NO. 85-83 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE lST DAY OF OCTOBER, 1983, TO THE 30TH DAY OF SEPTEMBER, 1984; AND PRESCRIBED THE TERMS, CONDITIONS, AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT, TO MODIFY THE FEDERAL REVENUE SHARING FUND; TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCE AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCONSISTENCY; PROVIDING AN EFFECTIVE DATE. (Copy of ResOlution No. 42-84 is on file in the official Resolution Book) Mr. Bird moved for adoption of the Consent Agenda with the exception of Item 12 which has been moved to the Regular Agenda and with the addition of Item 19a and added language to Item 19, seconded by Mrs. Horenburger. Said motion passed unanimously. REGULAR AGENDA 31. Ordinance No. 35-84 - Zonin~ Ordinance Amendment - Definition of Family. Ordinance No. 35-84, amending Chapter 30 "Zoning" of the Code of Ordinances to modify the definition of family, is before Council for consideration on First Reading. If passed, a Public Hearing will be held on May 22nd. The City Manager presented Ordinance No. 35-84: 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 30-1, "DEFINITIONS", SUBSECTION 33, "FAMILY", TO MODIFY THE DEFINITION OF "FAMILY" TO MEAN THAT THE NUMBER OF PERSONS OCCUPYING A SINGLE DWELLING UNIT SHALL CONTAIN NO MORE THAN THREE ADULTS IN THE TOTAL OF FIVE UNRELATED PERSONS PERMITTED PER "FAMILY" AND TO EXCLUDE FOSTER CHILDREN FROM SAID LIMITATIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 10 - 05/08/84 The City Attorney read the caption of the ordinance. Mr. Jackel questioned whether a single family dwelling would include an organization such as The Haven or The South County Drug Abuse Center. Mrs. Horenburger stated that those are board and care homes, not single family dwelling units. Mr. Jackel stated that there are some single family homes occupied by unrelated adults who are undergoing psychological treatment; he questions this. Mayor Campbell stated that they are not single family and they have to have conditional use ap- proval, hrs. Horenburger added that there is legislation being proposed at the State level regarding an overview of municipality zoning codes in order to provide the type of housing Mr. Jackel is talking about and to overstep local zoning codes for that kind of use. She does not think they have a problem in that particular area as the Single Family zoning code provides for conditional use for educational type facilities. She feels this particular ordinance is a tool they can use to keep and preserve the nature of their single family dwelling districts. Mr. Weatherspoon stated that he supports the concept of the ordinance; however, a reduction from five to three adults concerns him. Over the last three to four years, they have only had four reported cases of this. Acknowledging the fact that there are some homes with more than three unrelated adults living in them, those people are not living that way because they would like to be. They have a housing shortage in Delray Beach, especially in the black community. Further, he questions the enforcability of this ordinance. Mr. Campbell stated that he believes this ordinance is in the best interest of the community. Although it may not be fully en- forcable at this time, he does not feel that is necessarily a reason to diminish its importance. The City Attorney advised Council that they have some con- cerns over the ability to have this kind of ordinance withstand a con- stitutional attack because of the allegations of invasion of privacy. Most Court cases have upheld ordinances of this nature; however, there is one case out of California that struck an ordinance of five unrelated persons on the basis of a privacy amendment that they have in their State Constitution which is very close to the privacy amendment Florida has in its State Constitution. Secondly, a subject for concern is what they will do about those people who currently have five adults in a single family house after the effective date of this ordinance; will they become a nonconforming use and can they continue to live in that manner until the use expires, the same as other non-conforming uses expire. The question that will come up is "what constitutes the non- conformity", the actual number of individuals or the exact indivuals who lived there at the time this became effective. This question may have to be addressed in the future. Upon question by Mr. Alfred Straghn, the City Attorney advised that in the past the ordinance has been enforced on a complaint only basis. Mrs. Horenburger moved for the adoption of Ordinance No. 35-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. 12. Richard Block Property. Council is to consider acceptance of the Richard Block property donation deed. The City Attorney stated that Council directed his office to negotiate with Mr. Block's attorney some of the conditions which were set forth in the prior deed which they had concerns about. Mr. Block and his attorney have agreed to the following: to delete the ingress/ egress restriction restricting it only to our employees; to delete the restriction which meant ingress/egress only over the currently existing bridge; to delete the reference to the municipal golf course being just that it is City property currently; to the reference that if the City fails to use or operate the golf course on the westerly parcel of prop- erty that it would revert back. The City Attorney advised that the deed - 11 - 05~08~84 would now be a fee-simple transfer to the City with two conditions: (1) that ingress and egress to the property be only from the westerly tract; i.e. the golf course side, not from Congress Avenue; and (2) there is a reverter provision in the deed which says that should the City ever not use the property for a public purpose or purposes then at that time it would revert back to the grantors. These conditions do not concern him from a legal standpoint, only from a policy standpoint. The City Attorney further stated that he was asked to check with neighboring cities regarding the reverter phrase. The City Attor- ney of Boca Raton has confirmed that Boca recently took some property subject to it being used for municipal park purposes, so there is some precedent for acceptance of deeds of that nature. If this is accept- able, a motion to accept the deed in this form would be proper at this time. His office will then send it to Mr. Block to be executed and bring it back to Council for final authorization. Mr. Bird moved to accept the deed in this form, seconded by Mr. Jackel. Said motion passed unanimously. 20. Appointments - Internal Audit Committee. Council is to consider the appointments of David Nathanson and Paul Friedman as regu- lar members of the Internal Audit Committee to terms ending April 27, 1986. Mr. Jackel moved to appoint Mr. Nathanson and Mr. Friedman as regular members of the Internal Audit Committee to terms ending April 27, 1986, seconded by Mr. Bird. Mr. Bird noted that there are some vacant alternate posi- tions on that board and he would like to add the name of former Mayor Willard Young to be considered for one of those positions if he is willing. Mr. Jackel amended his motion to include the appointment of Mr. Young as an alternate member of the IAC to a term expiring April 27, 1986, seconded by Mr. Bird. Said motion passed unanimously. 21. Appointments - Board of Adjustment. Council is to consider appointments of two alternate members to the Board of Adjustment to terms ending March 15, 1985 and March 15, 1986. Mrs. Horenburger moved to appoint Mr. Steven Rubin and Mr. Sid Soloway to the two alternate positions, seconded by Mr. Bird. Said motion passed unanimously. 22. South County Dru~ Rehabilitation Center. Council is to consider appropriating $6,000 for the South County Drug Rehabilitation Center, with funds to come from Federal Revenue Sharing. Mr. Bird moved for approval, seconded by Mrs. Horenburger. Said motion passed unanimously. 23. City Hall Parkin~ Lot. Council is to consider appropriating $25,000 for the City Hall parking lot, with funds to come from Federal Revenue Sharing. Mr. Bird moved for approval, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horen- burger - Yes; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 3 to 2 vote. Before roll call, Mayor Campbell stated that he is not in favor of this at this time. He thought they were going to try to limit consideration of City Hall parking expansion to the $50,000 as was allocated instead of invading their Federal Revenue Sharing with an additional $25,000. - 12 - 05/08/84 Mr. Bird stated that his understanding was that they did not want to invade the resurfacing funds and this funding would avoid that problem. Mr. Campbell stated that he does not want to invade any funds; he wants to stay within the $50,000 limitation and suggests they have Mr. Church draw up an appropriate plan within the $50,000 amount. Further Council discussion was had at this time. Mr. Jackel suggested they ask Mr. Church to submit two or three plans at workshop next week for discussion. At this point the roll was called to the motion. It was the consensus of Council to discuss this item at next week's workshop meeting. 24. Type of Vehicles - Fire Department. Council is to consider whether they need to change the type of vehicles being used in the Fire Department to go from the present two vehicles per call with EMS and pumper to one vehicle with three or four people (being a combination vehicle). Mayor Campbell advised that Chief Jackson had recommended against making any changes in the type of vehicles being used. Mr. Jackel moved to approve Chief Jackson's recommendation to keep the two vehicles per call with EMS and pumper, seconded by Mr. Weatherspoon. 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 City Manager stated that if this motion passes, he would like to direct the Fire Chief to look at alter- natives as they move through the phase out process. It's most feasible to keep it the way it is at this time; however, this equipment will have to be phased out over a period of time. In the near future they will have to look at what kind of capital program they will have for replace- ment of vehicles or more cost effective operations. At this point the roll was called to the motion. 25. Personnel - Fire Department. Council is to consider ap- proval of six additional personnel for the Fire Department needed in order to round out a full shift because of excessive overtime and loss of time due to Kelley days. Upon comment by Mr. Jackel, Mayor Campbell advised that they are appropriating money already in the budget for the remainder of the current year. Mr. Jackel moved for approval of six additional personnel for the fire department, seconded by Mrs. Horenburger. Said motion passed unanimously. Before roll call, Mr. Bird suggested they direct the City Manager to go back and relook at the alternatives. Mayor Campbell asked the City Manager to look into what is being done elsewhere with regard to the number of personnel and alternate services. At this point the roll was called to the motion. 26. Ordinance No. 30-84 - Zoning Ordinance Amendment - Professional Offices within the RM-15 Zoning District. Ordinance No. 30-84, amending Chapter 30 "Zoning" of the Code of Ordinances to allow professional office uses as currently allowed in the RM-10 (Multiple Family Dwelling) District, is before Council for consideration on First Reading. If passed, Public Hearing will held on May 22nd. The City Manager presented Ordinance No. 30-84: 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 BY AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT" - 13 - 05/08/84 (C) "CONDITIONAL USES" TO ALLOW PROFESSIONAL OFFICE USES AS CURRENTLY ALLOWED IN THE RM-10 (MULTIPLE FAMILY DWELL- ING DISTRICT; 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. 30-84 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 27. Ordinance No. 31-84 - Zoning Ordinance Amendment - Townhouses and Townhouse Developments. Ordinance No. 31-84, amending Chapter 30 "Zoning" of the Code of Ordinances to revise the townhouse regulations to make them more flexible in terms of the property that can be con- veyed, is before Council for consideration on First Reading. If passed, Public Hearing will be held on May 22nd. The City Manager presented Ordinance No. 31-84: 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 30-1, "DEFINITIONS", SUBSECTION (84) TO CLARIFY THE DEFINITION OF STREET LINE TO INCLUDE THE RIGHT-OF-WAY LINE, EASEMENT LINE AND THE EDGE OF PAVEMENT OR EDGE OF TRAVELWAY; AMEND- ING SUBSECTION (89) TO CLARIFY THE DEFINITION OF T~NHOUSE TO REQUIRE THAT SUCH "TOWNHOUSES" BE CON- VEYED ALONG WITH THE LOT OCCUPIED BY THE DWELLING UNIT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 31-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Attorney asked the purpose of the modification to the townhouse definition; is it the intention of Council to require that townhouses be conveyed with fee-simple ownership of the lot or, in order to qualify as being a townhouse, does the lot have to be conveyed along with the unit. Mr. McDaniel, Planning Director, replied that the latter is correct according to the Chief Building Official's interpretation. If a townhouse does not have property con- veyed along with it, it is an apartment. They are asking that their townhouse regulations be made a little more flexible so that people can buy and sell property along with their multiple family unit. The City Attorney stated, that being the case, he has some concern about their legal ability to adopt this particular ordinance. Mayor Campbell asked the City Attorney to investigate his concern and get back to them at workshop, for discussion between First and Second Reading. At this point the roll was called to the motion. 27a. Ordinance No. 37-84 - Zoning Ordinance Amendment - Townhouses and Townhouse Developments. Ordinance No. 37-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to Townhouses and Townhouse Developments, is before Council for consideration on First Reading. If passed, Public Hearing will be held on May 22nd. The City Manager presented Ordinance No. 37-84: 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 - 14 - 05/08/84 AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY REPEALING SUB-PARAGRAPH (P) "TOWNHOUSES AND TOWNHOUSE DE VELOPMENTS" AND ENACTING A NEW SUB- PA RAGRA PH ( P ); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 37-84 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 28. Ordinance No. 32-84 - Botos Annexation (Lots 1~ 2, 45 and 46, Block 37 and a portion of Frederick Boulevard~ Del-Raton Park. Ordinance No. 32-84, relative to annexing a 0.37-acre parcel, subject to SC (Specialized Commercial) District located south of Tropic Boulevard, between Federal Highway and Florida Boulevard, is before Council for consideration on First Reading. If passed, Public Hearing will be held on June 12th. The City Manager presented Ordinance No. 32-84: AN ORDINANCE OF THE CItY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1, 2, 45 AND 46, BLOCK 37, DEL-RATON PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA IN PLAT BOOK 14, PAGE 9 AND THE ABUTTING PORTION FORMERLY A PART OF FREDERICK BOULEVARD, SAID LAND IS LOCATED SOUTH OF TROPIC BOULEVARD, BETWEEN FEDERAL HIGHWAY AND FLORIDA BOULEVARD, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THERE- OF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 32-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 29. Ordinance No. 33-84 - Botos Annexation (Lots 1 and 4~ Block 21, Lots 12 through 18 and 29 through 35~ Block 37 and portions of Fred- erick Boulevard and Avenue B~ Del-Raton Park. Ordinance No. 33-84, relative to annexing a 1.27-acre parcel subject to SC (Specialized Commercial) District located south of Tropic Boulevard, between Federal Highway and Florida Boulevard, is before Council for consideration on First Reading. If passed, Public Hearing will be held June 12th. The City Manager presented Ordinance No. 33-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 AND 4, BLOCK 21 AND LOTS 12 THROUGH 18, INCLUSIVE, AND LOTS 29 THROUGH 35, INCLUSIVE, BLOCK 37 AND THE ABUTTING PORTIONS OF FREDERICK BOULEVARD AND AVENUE B, DEL-RATON PARK, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND IS LOCATED SOUTH OF TROPIC BOULEVARD, BETWEEN FEDERAL HIGHWAY AND FLORIDA BOULEVARD, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 15 - 05/08/84 Mr. Bird moved for the adoption of Ordinance No. 33-84 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 30. Ordinance No. 34-84- Internal Audit Committee Qualifications. Ordinance No. 34-84, amending Chapter 2 "Administration" of the Code of Ordinances to expand the qualifications of members of the IAC to include persons with expertise applicable to personnel matters, business adminis- tration or management, is before Council for consideration on First Reading. If passed, Public Hearing will be held on May 22nd. The City Manager presented Ordinance No. 34-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA , AMENDING CHAPTER 2, "ADMINISTRATION" , ARTICLE IV, "INTERNAL AUDIT COMMITTEE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-72 "QUALIFICATIONS OF MEMBERS", TO EXPAND THE QUALIFICATIONS OF MEMBERS TO INCLUDE PERSONS WITR EXPERTISE APPLICABLE TO PERSONNEL MATTERS, BUSINESS ADMINISTRATION OR MANAGEMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 34-84 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. 32. Ordinance No. 36-84 - Water and Sewer Rates. Ordinance No. 36-84, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to rates, is before Council for consideration on First Reading. If passed, Public Hearing will be held on May 22nd. The City Manager presented Ordinance No. 36-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", ARTICLE II, "WATER SERVICE", DIVISION 1, "GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-18, "RATES", SUBSECTION (b), "MONTHLY RATES", PROVIDING FOR WATER SERVICE RATES FOR BOTH RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON CERTAIN CUSTOMER CAPACITY AND COMMODITY CHARGES TO INCREASE SAID CAPACITY CHARGES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 36-84 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Upon question by Mr. Jackel, the City Attorney advised that this ordinance changes the capacity charges, not commodity charges. Upon further question, he advised that to his knowledge this change will give them sufficient funds to take care of their new bond issue. Mr. Jackel questioned how a 15% increase in the capacity charge will take care of it. Mr. Huddleston, Finance Director, explained that this ordi- nance calls for a raise of $3.48 per month for each individual unit on a residential unit. Actually, it is more than a 15% increase in capacity but it amounts to a 15% increase in your total bill. - 16 - 05/08/84 Mr. Jackel noted that he has been plagued by citizen com- plaints regarding the capacity charge; for example, those people who leave the City for six months come back and are faced with a large bill and they have not used any water. Adoption of this ordinance would seem to compound the problem. Mr. Bird stated that they are building capacity because they must reserve that space in the sewer plant for those people whether they are here or not. The cost involved in maintaining that space should be borne by all of them with regard to what portion of the plant they put a demand on, whether the demand is for one week, one month or the entire year. Mr. Jackel stated that they seem to be penalizing people who live here now as well as the future homeowners. Mr. Bird stated that they are changing connection fees to balance that load appropriately; fur- ther, they indeed are direct contributors to part of the problem which is going to be resolved by the bond issue. Mr. Jackel stated that he understands the need to increase the fees but feels it is not being done equitably. At this point the roll was called to the motion. 19a. The City Attorney stated that he does not have his Statutes with him; however, for Resolution No. 42-84, which was adopted as Con- sent Agenda Item #19A, they may need to have read the caption of the resolution. He suggests that he read the caption and Council readopt it in order to be certain it's done properly. The City Attorney read the caption of Resolution No. 42-84. Mr. Bird moved for the adoption of Resolution No. 42-84, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 9:15 P.M. ~ City ~lerk ATTEST: MAYOR 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 May 8, 1984, which minutes were formally approved and adopted by the City Council on 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. - 17 - 05/08/84