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05-22-84 MAY 22, 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 7:07 P.M., Tuesday, May 22, 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. Arthur Arvay, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger requested that Item 5.b.3. of the May 8th minutes be amended as indicated on the new page distributed to Council. Mr. Jackel moved for approval of the minutes of the Regular Meeting of May 8, 1984, as amended, and the Special Meeting of April 27, 1984, seconded by Mrs. Horenburger. Said motion passed unanimously. 5.a.1. Mrs. ~layne Olin~er, 5902 Old Ocean Boulevard, Ocean Ridge, representing P.A.C.T. (People Against Crime Together), stated that they are trying to see victims protected and outlined the group's objectives. 5.a.2. Mr. Irwin Ives, 1120 Mahogany Way, representing the Delray Beach Democratic Club, stated it is their desire to change the present voting process for Council Members to the single member districts meth- od. They would like Council to consider this proposal at a workshop meeting so the citizens can become aware of the need for this. Mayor Campbell requested this be placed on the workshop meeting agenda of June 19th. 5.a.3. Mr. Lloyd Gray, representing Van Waters and Rogers, 1055 S.W. 15th Avenue, stated they have been before the Community Appearance Board twice and both times their corporate sign has been denied. They are requesting that their sign, which is known throughout the country, be allowed. Upon question by the City Attorney as to whether or not they have filed a written notice of appeal, within 30 days of the denial, Mr. Gray replied they have not. The City Attorney advised if it is the consensus of Council to hear this petition tonight it will take a formal waiver. Mr. Bird moved to formally waive the notice of appeal re- quirements, 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 requested that this be placed as first item on the regular agenda as Item 23.a. 5.b.1. Mr. Jackel requested that, at next week's special meeting scheduled for May 29th, they also consider the operation of the golf course. Mayor Campbell requested that the City Manager place this as second item on the agenda for May 29th and contact a few of the parties who would be interested in attending that meeting. 5.b.2. Mayor Campbell presented a proclamation proclaiming the week beginning June 3, 1984 as "National Safe Boating Week in Delray Beach". Commander Eric Meyer came forward and accepted the Proclama- tion. 5.b.3. Mayor Campbell made reference to the south beach vegetation restoration problem and inquired if the cost estimates are ready. The City Manager advised they are still looking into this and it will be placed on an agenda for consideration. 5.b.4. Mayor Campbell advised that the County won their law suit regarding road impact fees. Not having seen any affirmative action on the part of the County officials in trying to implement or collect the fees, and recognizing that these fees are needed in Delray Beach, he feels it is incumbent upon Delray Beach to begin the process and begin collecting the fees. The City Manager advised he has a tentative figure of 1.35 million dollars; this represents the amount of money which has been obligated by developers, builders and homeowners to be remitted to the City as road impact fees. Mayor Campbell suggested that they direct staff to begin the process to send out demand letters, to all of the people who entered into those agreements, stating that it is now time to pay and have them sent out in the first two weeks in June. Mr. Jackel moved to direct staff as suggested by Mayor Campbell, seconded by Mr. Weatherspoon. Said motion passed unanimously. Mr. Weatherspoon advised he talked to County Commissioner Dorothy Wilkin last week and was advised they should be collecting the fees as the other municipalities in the area are already in the process of doing so. 5.d.1. The City Manager advised that Council has been furnished an appraisal report on Lots 19 and 20, West Side Heights and Lots 2, 3 and 4, Golfview Estates; he questioned what direction Council wishes to proceed. The City Attorney advised that, with regard to Lots 2, 3 and 4, Golfview Estates, they had received an offer which was withdrawn. It is up to Council to decide if they would like staff to notify the per- sons involved that the appraisal is in and find out if they wish to reoffer. With regard to Lots 19 and 20, West Side Heights, they do have an offer pending of $8,000. If Council believes that that amount is something they would accept then he would suggest that they direct staff to begin the process for the sale of the real property. Mr. Bird moved to accept the offer of $8,000, subject to going through the process for confirmation, 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: mr. Jackel suggested that Council consider advertising these two parcels for sale as he would like to see more than one offer. The City Attorney advised he would not execute any contract until a public hearing was held; this motion is not binding upon the City until after the hearing. Council will be accepting the offer subject to confirmation at a hearing to be held some time in June. - 2 - 05/22/84 At this point the roll was called to the motion. Mayor Campbell suggested that the City Manager send a letter to the persons involved with the other parcel to see if they are still interested. 5.d.2. The City Manager advised he will have prepared for the next regular meeting a traffic control agreement with Palm Beach County for a signal on Linton Boulevard and S.W. 4th Avenue. This will require action to authorize the execution of the contract and is standard pro- cedure. Mrs. Horenburger moved to accept the contract, subject to approval by the City Attorney, seconded by Mr. Bird. Said motion passed unanimously. 6. Mrs. Horenburger moved that Item 10 by removed from the agenda until such time as the Planning and Zoning Board brings to Coun- cil the adult congregate living facility amended proposal, seconded by Mr. Bird. Said motion passed unanimously. Mr. Bird moved to approve the agenda with the removal of Item 10 and the addition of Item 23.a. to be first item on the Regular Agenda, seconded by Mr. Jackel. Said motion passed unanimously. PUBLIC HEARING 7. Ordinance No. 30-84 - Zonin~ Ordinance Amendment - Profes- sional Offices within the RM-15 Zonin~ District. Ordinance No. 30-84, amending Chapter 30 "Zoning" of the Code of Ordinances to allow profes- sional office uses as currently allowed in the RM-10 (Multiple Family Dwelling) District, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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" (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. 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. Elizabeth Matthews, 1024 White Drive, stated a great deal of the beach front is zoned RM-15. She feels that as there is so much single family throughout that area it would be a great injustice to allow professional offices to be built. If the intent of the Planning and Zoning Board is to find an area to put professional office build- ings, she would suggest they decide where they would like to put them, then do a pendage to a zoning area. As to the fact that it would be a conditional use, she feels this is not enough of a safeguard. Mr. Willard Young, 220 MacFarlane Drive, concurred with Mrs. Matthews and stated he feels another area to be considered is the park- ing; most of the lots in this area do not have facilities for parking. There are plenty of areas within the City where this professional type of building could be constructed without deteriorating the property values. Mr. Joseph Bell, 140 Venetian Drive, stated his friends and neighbors would object very strongly to having this area any more than ~esidential. - 3 - 05/22/84 The public hearing was closed. Mr. Bird moved a change to the amendment be considered by Planning and Zoning and have it returned to them, seconded by Mrs. Horenburger. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird stated that, in the rewrite of the zoning code, consideration is being given to a professional office zoning category. He suggested that they think about those areas of multi-family which would lend themselves to both uses; these areas could be given an RM-10/Professional Office classification, with the understanding that professional office is still a conditional use. Ordinance No. 31-84 - Zoning Ordinance Amendment - Town- houses and Townhouse Developments. Ordinance No. 31-84, amending Chapter 30 "Zoning" of the Code of Ordinances to clarify the definition of townhouse to require that townhouses be conveyed along with the lot occupied by the dwelling unit, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 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; AMENDING SUBSECTION (89) TO CLARIFY THE DEFINITION OF TOWNHOUSE TO REQUIRE THAT SUCH "TOWN- HOUSES" BE CONVEYED ALONG WITH THE LOT OCCUPIED BY THE DWELLING UNIT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 31-84 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. 31-84 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. 34-84 - Internal Audit Committee Qualifica- tions. 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 administration or management, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 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 WITH EXPERTISE APPLICABLE TO PERSONNEL MATTERS, BUSINESS ADMINISTRATION OR MANAGEMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 4 - 05/22/84 (Copy of Ordinance No. 34-84 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. Bird moved for the adoption of Ordinance No. 34-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 36-84 - Amendin~ Code - Water Rate Char~es. Ordinance No. 36-84, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to increasing water rate charges, 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. 36-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "WATER AND SEWERS", ARTICLE II, "%~TER 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. (Copy of Ordinance No. 36-84 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. Server, 412 S.E. 4th Avenue, questioned why it is always the resident who is hit with high bills and not the builders. Mayor Campbell advised that the increased rates are being mandated because Delray Beach is getting ready to levy a revenue bond; the revenue bond is mandated because Delray Beach is under a moratorium and has to expand its facilities. According to the revenue bond theory the money must be raised from the services and there are only two ways to generally raise the money; either from general ad valorem taxation or from the fees which are collected. It has been recommended that the easiest way to do this is a user rate increase. Mr. Dan Doherty questioned what determines the sewer rates. Mr. Bird explained the methodology used in determining the sewer rates. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 36-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: - 5 - 05/22/84 Mr. Jackel stated too big a burden has been placed on the capacity charge and not on the commodity charge. He feels the Director of Public Utilities and the Director of Finance should get together and review the whole situation; one thing they should look at is the need for conservation. One means of conservation is charging more to big users and be more lenient with the small users. He also feels this ordinance is not equitable as the charge is a flat fee. He understands that the City needs to expand the system right now; however, he wishes Council would consider that it be done more equitably by rejecting the motion and applying a percentage to every homeowner. Mr. Weatherspoon stated obviously a family of two will use less water than a family of six; however, they may be less able to pay a higher rate. Mr. Bird stated to properly address Mr. Jackel's points they should workshop this item; however, to properly address the need they should pass this ordinance tonight. If, at a later time, they find the formula is inaccurate all they have to do is recast the numbers and come up with another formula which would come up with the same amount of dollars. At this point the roll was called to the motion. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 12. Pre-Construction and Final Acceptance - Beach Profiles. Council is to consider authorizing Arthur V. Strock & Associates, Inc., to conduct pre-construction and final acceptance of beach profiles for the 1984 beach maintenance nourishment project in the amount of $14,150. Funds are to come from the erosion control fund. Approval is recom- mended. 13. Conditional Use and Site Plan Approval Extension - Plaza Delra¥. Council is to consider a request for an 18-month extension to December 14, 1985 of the conditional use and site plan approval for Plaza Delray, an approved 100,000 square foot unbuilt office building, located south of Linton Boulevard between Congress Avenue and 1-95. This was approved 6-1 (Wallin dissenting), subject to the following conditions: (1) Conditions of the approval granted by City Council on December 14, 1982, except as sub- sequently modified; (2) Condition of final plat approval granted by City Council on April 12, 1983; and (3) That the time limitation of the conditional use and site plan approval pursuant to Sec. 30-21(E) and Sec. 30-22(E) of the Zoning Code expire on December 14, 1985. 14. Final Plat Approval - Tro~ic Isle, Section Six. Council is to consider approval of final plat for Tropic Isle, Section Six, located on the south side of Evergreen Drive, adjacent to Tropic Bay Condo- minium. This was approved 7-0 by the Planning and Zoning Board, subject to the following conditions: (1) Director of Public Utilities' memorandum of March 14, 1984; and (2) That a letter be sent to the Tropic Isle Civic Association informing them of the date that this request will be considered by City Council. A copy of this letter is attached. 15. Final Plat Approval - Tro~ic Islet Section Seven. Council is to consider approval of final plat for Tropic Isle, Section Seven, located east of Tropic Bay Condominium, between Fern Drive and the Lisbon Canal. This was approved 7-0 by the Planning and Zoning Board, subject to the following condition: - 6 - 05/22/84 (1) Director of Public Utilities' memorandum of April 18, 1984. 16. Fine and Coarse Paper - All City Departments. Council is to consider award of contracts for coarse paper products to be split among three bidders; St. Lucie Paper, Palm Beach Paper Company and Cleveland Cotton Products in the approximate amount of $22,082.92. Consider award of contracts for fine paper products to be split among two bidders; Decora and Jim Walters-Knight Division in the approximate amount of $7,084.00. Funds are to come from each department's expense fund for office supplies. Approval is recommended. 17. City Hall Parkin~ Lot. Council is to consider award of a contract for Phase I to Campanella Corporation in the amount of $37,305 to rework and resurface existing northeast and northwest parking lots and install drainage. The City's portion of the work is $8,000 for a total cost of approximately $45,000. Approval is recommended. 18. Request for Solicitation of Funds - Palm Beach TRY Center. Council is to consider approving solicitation of funds from June 1 through June 15, 1984. Approval is recommended. 19. Odor Control Evaluation Study. Council is to consider authorizing an odor control study for the wastewater collection system throughout the City by Russell & Axon at an estimated cost of $17,460. This does not include payment of map services which are estimated at $1,560 and paid directly to the lab by the City. Funds are to come from the 1983-84 budget. Approval is recommended. 20. Relocation of Force Main 60. Council is to consider au- thorizing engineering services by Russell & Axon in preparation of plans and specifications for the extension of Force Main 60 from Military Trail to Dover Road. Construction cost for the project is estimated at approximately $175,000 with Russell & Axon fees at $27,400. Funds are to come from the 1983-84 budget. Approval is recommended. 21. Rezonin~ Request - North of Avenue "L" between South Federal Hi~hwa~ and Dixie Highway (Sherwood Honda). Resolution No. 43-84, requesting permission from the Palm Beach County Board of Commissioners to rezone a 4.69-acre parcel to be annexed from CG (General Commercial) (County) to SC (Specialized Commercial)(City), is before Council for consideration. The caption of Resolution No. 43-84 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 CG-GENERAL COMMERCIAL TO THE CITY'S ZONING CLASSIFICATION SC (SPE- CIALIZED COMMERCIAL) DISTRICT. (Copy of Resolution No. 43-84 is on file in the official Resolution Book) 22. Amendment No. 4 to Refuse Contract. Council is to consider authorizing execution of Amendment No. 4 to the Refuse Contract. 23. Beach Pavilion. Council is to consider award of a contract for the beach pavilion to the low bidder, Brown and Bush, Inc., in the amount of $28,500. Funding could come from the Beach Restoration Fund, $15,488 of which was transferred from the 1982-83 Parks and Recreation operating budget. Mr. Bird moved for approval of the Consent Agenda, seconded by Mrs. Horenburger. Said motion passed unanimously. - 7 - 05/22/84 REGULAR AGENDA 23a. Appeal from Decision of Community ADpearance Board. Mr. Lloyd Gray, representing Van Waters and Rogers, stated their company has a corporate color and they are requesting permission to be able to erect their sign which is 4 feet by 16 feet and allowable under the present code. Mrs. Suzanne Bird, member of the CAB, stated the Board unanimously approved a sign for this company; however, they felt a unifying factor was very important. This sign happens to be the first one in this particular building and they considered setting a precedent which could be universally applied to all future tenants. The Board felt this sign could lend itself more to neutral colors and would not therefore clash with any other signs placed on the building. Mrs. Alice Finst, member of the CAB, stated this building is setting the tone for S.W. 10th Street and unless there is some kind of consistent signage they could end up with multi-colored signs which could clash with each other. Mr. Stanley Katz, 1421 S.W. 27th Avenue, questioned whether or not this sign is visible from 1-95. If the sign is not, then he feels this is being discussed for no reason. However, if it is visible it will destroy the impression of the City. Upon question by Mr. Weatherspoon, Mayor Campbell clarified that the Board wanted to have some uniformity in the main signs on the building and did not feel that the corporate colors of this company would be the type of uniformity acceptable to all the other tenants. Mr. Jackel stated he feels the company should go back to the Community Appearance Board to try and work something out which would be pleasing to them both. Mr. Jackel moved to uphold the decision of the Community Appearance Board, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated he cannot understand why, if this is the first sign going up, the other tenants could not follow this one. Mayor Campbell stated if the landlord would like to commit himself to the colors of this sign on the rest of the building he would entertain Van Waters and Rogers sign; if not, he would uphold the CAB's decision. At this point the roll was called to the motion. 24. ADpointments - Delray Beach Human Relations Committee. Council is to consider ratifying the appointments of Alfred Straghn, Gertrude Green and William Whigham as members of the Delray Beach Human Relations Committee to terms ending March 15, 1986. Mr. Bird moved to ratify the appointments of Alfred Straghn, Gertrude Green and William Whigham as members of the Delray Beach Human Relations Committee to terms ending March 15, 1986, seconded by Mrs. Horenburger. Said motion passed unanimously. 25. Water and Sewer Service west of Military Trail. Council is to consider adoption of policy allowing water and sewer service to the E-3 Canal. - 8 - 05/22/84 Mayor Campbell stated it is his understanding that at one time the City had decided not to extend water service beyond the center line of Military Trail. At their workshop meeting, there was some discussion relative to recognizing the western reserve area of Delray Beach as being the E-3 canal and having a policy of conforming the water service policy to the boundaries of the reserve area. One of the per- tinent points of consideration was that this would not adversely affect the City's ability to service the needs of the community. Mr. Bird stated, if they do consider making the E-3 canal the western boundary, then they should have a water service delivery area which is identical to that of the sewer service area. Mrs. Horenburger questioned, with regard to the additional charge because of the sewer bond, if the charge will be placed on these users also. The City Manager stated the outside City rates vary from community to community. He has seen them as high as 100%; however, you have to have a reason to justify that 100% when you relate to the sewer service. The City Attorney stated that, basically, the City is per- mitted to charge 125% to outside users without doing any calculations. However, you can charge up to another 25% if you can justify the ad- ditional cost. Mr. Robert Stump, 2726 Carnation Court, stated that the Coalition for Good Government has always taken a position of being opposed to offering water to developers in County pockets unless they are willing to agree to annexation. He questioned how many units would be serviced by extending the water service. It was stated there would be approximately 4,000 units serviced. Upon question by Mrs. Horenburger, the City Attorney stated they have had those people, who did receive water service prior to Council imposing a policy, execute the City's standard form water ser- vice agreements. Those agreements have within them a voluntary petition for annexation which would then be available to Council to exercise their option at some point in the future. Mr. Jackel stated he does not want to see the City extended any further. If you take this area into consideration and give them water service to the E-3 canal, the proposed water plant expansion will not last ten or twelve years. He does not see any advantage to the City, financially or in any other way, if they expand the water service. Mrs. Horenburger moved to direct staff to look into the rate being charged to out of City service and upon a decision by this Council of what that charge will be, that .they consider a policy of allowing water and sewer service to the E-3 Canal, seconded by Mr. Bird. Mr. Bird suggested that the wording of the motion might include in no case less than 125%. Mrs. Horenburger amended her motion as advised by Mr. Bird, Mr. Bird amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; ~ayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 26. Palm Beach County Municipal League Representative. Council is to consider the appointment of a Council Member as the City's Voting Representative to the Palm Beach County Municipal League. Mr. Bird moved to appoint Mrs. Horenburger as the City's Voting Representative to the Palm Beach County Municipal League, sec- onded by Mr. Jackel. Said motion passed unanimously. - 9 - 05/22/84 27. Ordinance No. 37-84 - Zoning Ordinance Amendment - Town- houses and Townhouse Developments. Ordinance No. 37-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to site and individual townhouse lot requirements, is before Council for considera- tion on First Reading. If passed, a Public Hearing will be held June 12th. 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 AMENDING SECTION 30 -17 "SUPPLEMENTARY REGULATIONS" BY REPEALING SUB-PARAGRAPH (P) "TOWNHOUSES AND TO~WNHOUSE DEVELOPMENTS" AND ENACTING A NEW SUB-PARAGRAPH (P) "TOWN- HOUSES AND TOWNHOUSE DEVELOPMENTS" TO PROVIDE REGULATIONS RELATIVE TO SITE REQUIREMENTS, LOT REQUIREMENTS, LENGTH OF T~NHOUSE ROWS AND SUPPLEMENTARY PROVISIONS REGARDING "CIRCULATION"; 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. 37-84 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. ~eatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell left the Council Chambers at this time. Vice-Mayor Weatherspoon took the chair. 28. Ordinance No. 38-84 - Gulfstream Building Rezonin~, Condi- tional Use and Site Plan Approval. Ordinance No. 38-84, rezoning a 1.39-acre parcel, subject to SAD (Special Activities District) and the further conditional use and site and development plan approval for the Gulfstream Building, is before Council for consideration on First Read- ing. The property is located at the northwest corner of N.E. 8th Street and Andrews Avenue. If passed, a Public Hearing will be held June 26th. The City Manager presented Ordinance No. 38-84: 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 1.39 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF N.E. 8TH STREET AND ANDREWS AVENUE, SAID LAND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Jackel stated he intends to vote against this ordinance with the proviso that Council, if they agree, send it back for further study to the Planning and Zoning Board to create an area of less den- sity. Mr. Robert Stump, representing the Coalition for Good Govern- ment, stated, for the record, they support the right of any individual, serving the City Government, to protect their personal interests. In this particular case the Planning and Zoning Board and the Board of Adjustment became enmeshed in an issue to the extent that the Board of Adjustment made a decision contingent upon a decision of the Planning and Zoning Board. It is his understanding there must be a proven hard- ship in granting a variance; this raises a question as to what criteria was used by the Board of Adjustment in granting the height variance. From what data has been presented they do not believe there is suffi- cient cause to grant a variance based on hardship. Moreover, they think it would establish a bad precedent. - 10 - 05/22/84 Mr. Stump stated the Coalition is requesting that Council deny this application for site plan approval. They would also like to suggest that Council sit down with the members of the Planning and Zoning Board and the Board of Adjustment to review with them their duties and responsibilities and to redefine what criteria should be used in granting hardship variances. Mr. Digby Bridges, representing the Gulfstream Building, stated with regard to the height variance, the building has in it all the starter bars for a fifth floor, which would have been added had the economics at the time been right. He presented drawings of the proposed building to Council and explained the proposed changes. In summation, Mr. Bridges stated that the building, with a mansard roof, will not affect the height at all and will be a great asset to that particular area of Delray. Mr. David Cohen, member of the Delray Beach Democratic Club, stated they are very interested in the beauty and welfare of Delray Beach. They feel the owners of this building are taking an ugly building and making it beautiful. Mr. Sam Schwimer, 1051 Orange Terrace, stated he feels if Council grants this change in zoning they will violate the intent of the height ordinance; eventually, you will have additional special excep- tions and elimination of the height ordinance. He requested that Coun- cil vote against this item. Mr. Richard McCracken, general partner of the Gulfstream Building, stated the building, as it exists now, can stand on its own two feet; however, they could not economically justify the expenditures in remodelling unless they have some kind of added income source. Upon question by Mrs. Horenburger, Mr. Bridges stated there are presently 101 parking spaces. Under RM-10 conditional use, with the expansion, they would be required to have 118 spaces; they will be providing 95. Mr. Jackel moved for the adoption of Ordinance No. 38-84 on First Reading. Said motion died for lack of a second. Mr. Jackel moved that this be returned to the Planning and Zoning Board for further study to consider a lower density usage. Said motion died for lack of a second. Mr. Bird stated he agrees with everything the developer has said about enhancement; however, he was involved in the petition for the height ordinance and that is his problem in granting the SAD. Mrs. Horenburger stated her problem in granting this peti- tion is that Council is left with making a decision which was basically a decision of the Board of Adjustment; they did not make a clear and defined decision. She also has a problem with the parking situation and is not prepared to make a decision on this tonight. Mr. Bird moved to table this item and instruct the Admin- istration to bring it back to the next workshop meeting and reschedule for a formal meeting at the next regular meeting of Council, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 29. Ordinance No. 39-84 - Changing the City's Land Use Plan Designation (Botos). Ordinance No. 39-84, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Lots 29 through 46, Block 37, Del-Raton Park, located south of Tropic Boulevard between Federal Highway and Dixie Boulevard, is before Council for consideration on First Reading. If passed, a Public Hearing will be held June 26th. - 11 - 05/22/84 The City Manager presented Ordinance No. 39-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOTS 29 THROUGH 46, INCLUSIVE, BLOCK 37, DEL-RATON PARK, 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, PAGES 9 AND 10, LOCATED SOUTH OF TROPIC BOULEVARD BETWEEN FEDERAL HIGHWAY AND FLORIDA BOULEVARD, FROM MF-15 MULTIPLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 39-84 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 30. Ordinance No. 40-84 - Botos Rezonin~. Ordinance No. 40-84, rezoning Lots 36 through 44, Block 37, Del-Raton Park, 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, a Public Hearing will be held June 26th. The City Manager presented Ordinance No. 40-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R/~-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECIAL- IZED COMMERCIAL) DISTRICT, LOTS 36 THROUGH 44, INCLUSIVE, BLOCK 37, DEL-RATON PARK, 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, PAGES 9 AND 10. SAID LAND IS LOCATED SOUTH OF TROPIC BOULEVARD BETWEEN FEDERAL HIGHWAY AND FLORIDA BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 198 3" . The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 40-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 31. Ordinance No. 41-84 - Amendin~ Code - Junk Vehicles. Ordinance No. 41-84, amending Chapter 14 "Junk, Junkyards and Automotive Repairs" of the Code of Ordinances relative to abandoned, wrecked, junked vehicles on private or public property, is before Council for consideration on First Reading. If passed, a Public Hearing will be held June 12th. The City Manager presented Ordinance No. 41-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14, "JUNK, JUNKYARDS AND AUTOMOTIVE REPAIRS" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 14-2, "ABANDONED, WRECKED, JUNKED VEHICLES ON PRIVATE OR PUBLIC PROPERTY" , SUBSECTION ( a ) , "PROHIBITED" , TO ESTABLISH THAT A MOTOR VEHICLE IS IN AN INOPERATIVE AND/OR ABAN- DONED CONDITION IF SAID MOTOR VEHICLE DOES NOT HAVE A VALID AND CURRENT MOTOR VEHICLE LICENSE AFFIXED THEREON IN EXCESS OF FIVE CALENDAR DAYS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 12 - 05/22/84 The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 41-84 on First Reading, seconded by Mrs. Horenburger. Before roll call the following discussion was had: Upon question by Mr. Bird, the City Attorney stated it is his understanding, of the way the ordinance is to operate, that if the Code Officer finds a vehicle with an invalid or expired license tag, five days later he may cite that vehicle as being inoperative or aban- doned. This ordinance would al so apply to col lectors and dealers. Mr. Bird suggested an amendment to this ordinance, on first reading, which would specifically exempt those businesses holding a valid license in the City and whose property is their premise of busi- ness. He suggested that Council instruct the City Attorney to amend the ordinance to include another paragraph which would exempt those busi- nesses, which are duly licensed within the City of Delray Beach, for the sale of new or used vehicles. The City Attorney stated he could reread the caption of the ordinance with something to that effect. The City Attorney read the revised caption of Ordinance No. 41-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14, "JUNK, JUNKYARDS AND AUTOMOTIVE REPAIRS ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 14-2, "ABANDONED, WRECKED, JUNKED VEHICLES ON PRIVATE OR PUBLIC PROPERTY", SUBSECTION (a), "PROHIBITED", TO ESTABLISH A PRESUMPTION TRAT A MOTOR VEHICLE, EXCEPT THOSE MOTOR VEHICLES LOCATED ON PROPERTY OWNED OR LEASED BY A BUSI- NESS HOLDING A CURRENT, VALID OCCUPATIONAL LICENSE FOR AUTOMOTIVE DEALERS, NEW OR USED, SHALL BE DECLARED IN AN INOPERATIVE AND/OR ABANDONED CONDITION IF SAID MOTOR VEHICLE DOES NOT HAVE A VALID AND CURRENT MOTOR VEHICLE LICENSE AFFIXED THEREON IN EXCESS OF FIVE CALENDAR DAYS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Mr. Jackel moved for the adoption of amended Ordinance No. 41-84, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Council Chambers at this time. 32. Ordinance No. 42-84 - Sherwood Honda Annexation. Ordinance No. 42-84, relative to annexing a 4.69-acre parcel, subject to SC (Spe- cialized Commercial), located north of Avenue "L" between South Federal Highway and Dixie Highway, is before Council for consideration on First Reading. If passed, a Public Hearing will be held June 26th. The City Manager presented Ordinance No. 42-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 36 THRU 46, INCLUSIVE, BLOCK 3; LOTS 1 THRU 44, IN- CLUSIVE, BLOCK 9; THAT 10 FOOT ALLEY RIGHT OF WAY IN BLOCK 9 LYING WEST OF LOTS 11 AND 44 AND EAST OF LOTS 1 THRU 10, INCLUSIVE; THAT 10 FOOT ALLEY RIGHT OF WAY IN BLOCK 9 LYING EAST OF LOTS 22 AND 33 AND WEST OF LOTS 23 THRU 32, INCLUSIVE; THAT PART OF THE SOUTH HALF OF THE RIGHT OF WAY FOR AVENUE J LYING EAST OF DIXIE BLVD. AND WEST OF U.S. HIGHWAY NO. 1; LESS THE EAST 2 FEET OF LOTS 23 THRU 32, BLOCK 9, FOR ROAD RIGHT OF WAY, ALL IN DEL RATON PARK, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE - 13 - 05/22/84 PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND IS LOCATED NORTH OF AVENUE "L" BETWEEN SOUTH FEDERAL HIGHWAY AND DIXIE HIGHWAY, 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. Mr. Bird moved for the adoption of Ordinance No. 42-84 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. 33. Ordinance No. 43-84 - Amending Code - Sewer Rate Charges. Ordinance No. 43-84, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to increasing sewer rate charges, is before Council for consideration on First Reading. If passed, a Public Hearing will be held June 12th. The City Manager presented Ordinance No. 43-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "WATER AND SEWERS ", ARTICLE III, "SEWERS AND SEWAGE DISPOSAL", DIVISION I, "GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-63, "SER- VICE RATES AND CHARGES IMPOSED", SUBSECTION (a) , "RES- IDENTIAL DWELLING UNITS", PROVIDING FOR SEWER SERVICE RATES AND CHARGES FOR RESIDENTIAL DWELLING UNITS; AND SUBSECTION (b) , "NONRESIDENTIAL/COMMERCIAL UNITS" , PRO- VIDING FOR SEWER SERVICE RATES AND CHARGES FOR NON- RESIDENTIAL/COMMERCIAL UNITS, BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON CERTAIN CAPACITY AND COMMODITY CHARGES TO INCREASE SAID CAPACITY CHARGES; 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. 43-84 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mayor Campbell declared the meeting adjourned at 10:05 P.M. ATTEST: ~Clerk 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 22, 1984, which minutes were for- really approved and adopted by the City Council on ~ /~. /~ . ' y City Clerk - 14 - 05/22/84 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. - 15 - 05/22/84