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07-10-84 JULY 10~ 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 7:03 P.M., Tuesday, July 10, 1984. 1. Roll call showed: Present - Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Council Member Malcolm T. Bird Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John W. Hadlock, Church of the Nazarene. 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 June 26, 1984 and the Special Meeting of June 19, 1984, seconded by Mrs. Horenburger. Said motion passed unanimously. 5.a.1. Reverend C.L. Wright, Daughters of Zion 7th Day Adventist Church, stated they would like to use City property for a tent revival. They are interested in using either Pompey Park or the vacant land which is situated in front of the Police Station. He was told they would have to go out into the community with a petition to see if there would be any opposition to such a meeting. They conducted the survey and he is here tonight for Council's decision. The City Manager stated there are some concerns, the first being the length of time requested. It has been Council's position of only granting permission for two weeks at a time and then reviewing it after that and extending it for a maximum of four weeks. The other concern is that it is his understanding they do not permit religious events in recreational facilities. Mr. Weatherspoon stated there is a conflict of dates as the Roots Cultural Festival, who use Pompey Park, will be holding their event from July 25th through August 12th. Reverend Wright requested that Council consider the parcel of land on Atlantic Avenue. Mayor Campbell stated he has some concerns about the longev- ity of the tent as it would appear they were allowing temporary build- ings on City property. The City Manager advised that an official permit has not been filed for, nor has the liability bond, which would be required as it is being held on City property. Mrs. Horenburger questioned, that since the City receives a rental fee on City buildings, would they have a problem setting a policy on allowing City land to be used without compensation. The City Attor- ney advised there would be no problem; however, he would suggest that they require some sort of refundable bond for cleanup. Upon question by Mayor Campbell, the City Manager stated the church would have to apply for the permit, the tent would then be in- spected by the Building Department and the Fire Department and then it would come before Council for final approval of the permit. Mayor Campbell stated that if Reverend Wright applies for the permit this week and has all the necessary information Council will have a Special Meeting next week. 5.a.2. Mr. Sam Portnay, 1350 High Point %~y, stated for almost two years they have been discussing the problem with Highland Beach. He feels the City is losing a lot of money and that an effort should be made to have the verdict very shortly. 5.a.3. Mr. Richard Miller, 4573 Palm Ridge Boulevard, stated he is representing the citizens who are concerned about the proposed zoning change of a parcel of property on Barwick Road. They know this is not on tonight's agenda; however, they would like to have enough time to speak to this issue. Most of the people who live near the proposed property are in the County and are not familiar with the City's rezoning procedures. Mayor Campbell outlined the various boards this item will have to be presented to before it reaches Council for a final decision and the time element involved. 5.b.1. Mr. Jackel stated that about two months ago Council re- quested a study be made regarding the water and sewer rate increase. He questioned what progress is being made regarding that study. The City Manager advised that Mr. Huddleston was assigned the responsibility of putting the study together; however, there was a pause to finish the budget so, hopefully, the study will be completed by the end of the month. 5.b.2. Mr. Jackel stated he would like to know what steps are being taken to replace the Code Enforcement Officer. The City Manager advised that the Personnel Department has advertised the position and Mr. Johnson has been conducting interviews. Hopefully, Mr. Johnson will have a recommendation within the next two weeks. 5.b.3. Mr. Weatherspoon stated he read an article in the newspaper which indicated that the crime rate in Delray Beach is somewhat higher than our neighboring cities. If the Police Department is aware that a particular area has more crime he questioned why there are not more arrests. 5.b.4. Mr. Weatherspoon questioned whether the study being done in the western sector of the City regarding drainage has been completed. The City Manager advised that it has not. 5.b.5. Mayor Campbell requested that the City Attorney look into what it would entail if the City, in addition to the normal method of code enforcement, were also to give out citations and make people appear in County Court. 5.b.6. Mayor Campbell stated that a few weeks ago Council was con- sidering Mr. David Cohen as an alternate to the Code Enforcement Board. This is not on tonight's agenda; however, Mr. Cohen has indicated his willingness to serve on the board. Hr. Jackel moved to appoint Mr. David Cohen as an alternate member to the Code Enforcement Board effective immediately, seconded by Mr. Weatherspoon. Said motion passed unanimously. 5.b.7. Mr. Jackel stated that some time ago Council asked the Planning and Zoning Board to develop an ordinance regarding satellite dishes. A sub-committee was appointed to study this; however, nothing ever became of it. He would like this studied again so that Council can review it and pass such an ordinance. The City Manager advised he has contacted the city manager of a town where such an ordinance is in effect and should be receiving a copy of the ordinance they adopted. 5.b.8. Mayor Campbell stated that on the agenda there is an item relative to an easement abandonment in Chatelaine. He questioned wheth- er or not it is the policy of the City to receive compensation whenever they give up easement rights and/or rights-of-way. The City Attorney advised that generally the City does not. - 2 - 07/10/84 Mayor Campbell stated he would like the City Attorney to look into adopting a position whereby when they routinely do this there is at least some nominal consideration to the City for abandoning rights-of-way. Mr. Jackel stated Council should review this at a workshop meeting and, if such a policy is set, it should apply in the future. With regard to Chatelaine, he feels this should go through and they should not be penalized. Mayor Campbell requested that the City Manager and the City Attorney look into this as a possible change in policy and have it on a workshop agenda in two to three weeks. 5.c.1. The City Attorney advised that a memorandum was furnished Council today relative to the platting requirements for the Ocean Reach Apartments. Basically, the developers are in a bind and in order to accommodate their time frame problem they are requesting that Council waive the technical procedure requirements. Also, that by motion they authorize the conditional issuance of building permits, prior to plat- ting, with the condition that no certificates of occupancy be issued until the platting is finally and formally approved by Council. Upon question by Mr. Jackel, Mr. Michael Botos, representing the developer, explained why they feel this is necessary. The City Attorney advised that this hardship was created by the City not the developer. Mrs. Horenburger moved to authorize the conditional issuance of building permits, prior to platting, with the condition that no certificates of occupancy be issued until the platting is approved by Council, seconded by Mr. Weatherspoon. Said motion passed unanimously. 5.c.2. The City Attorney advised that Council has been furnished copies of two letters from Mike McDaniel to Frank Gargiulo of the Palm Beach County Health Department, confirming the availability of water to two locations east of Military Trail. This was inadvertently left off tonight's agenda and is before Council for their approval of the letters and formal confirmation that water service will be provided at the subject locations. Mayor Campbell suggested this item be added to the Consent Agenda as item 24.a. 5.d.1. The City Manager requested that item 22 on the Consent Agenda be removed and also items 27, 28 and 30 be removed from the Regular Agenda. Regarding item 30, the City Manager explained that this item was approved by the Planning and Zoning Board subject to the condition that all staff comments be resolved before the petition is forwarded for Council consideration. As of this afternoon they have not received comments from the developer that all the comments of the Planning and Zoning Board had been addressed. Since these have not been addressed he is requesting that this be removed from the agenda. 5.d.2. The City Manager advised Council that his office will be putting out an invitation to submit engineering qualifications to pro- vide on-going engineering for the City. It will probably be September 25th before a recommendation will be made to Council. 5.d.3. The City Manager advised that, relative to Barwick Park, they have now received a schedule and he will be furnishing Council copies of the memorandum from the Director of Parks and Recreation. He further advised that Mr. Winters will be going to Tallahassee to request another grant in the amount of $187,000. 6. Mr. Jackel moved for agenda approval with the addition of item 24.a. to the Consent Agenda, the removal of item 22 from the Con- sent Agenda and the removal of items 27, 28 and 30 from the Regular Agenda, seconded by Mrs. Horenburger. Said motion passed unanimously. - 3 - 07/10/84 PUBLIC HEARING 7. Ordinance No. 47-84 - Zonin~ Ordinance Amendment - Adult Con~re~ate Livin~ Facilities. Ordinance No. 47-84, amending Chapter 30 "Zoning" of. the Code of Ordinances to reduce the frontage requirement for adult congregate living facilities when proposed in a commercial zoning 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. 47-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING" SECTION 30-17, "SUPPLEMENTARY REGULATIONS" SUBSECTION (T) ADULT CONGREGATE LIVING FACILITIES" (4), OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO REDUCE THE FRONTAGE REQUIREMENT FOR ADULT CONGREGATE LIVING FACILITIES WHEN PROPOSED IN A COMMERCIAL ZONING DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 47-84 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. 47-84 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. 8. Ordinance No. 48-84 - Zonin~ Ordinance Amendment - POI Professional~ Office and Institutional District. Ordinance No. 48-84, amending Chapter 30 "Zoning" of the Code of Ordinances to create the POI District, is before Council for consideration on Second and FINAL Read- ing. 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. 48-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANC~;S OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW SECTION 30 -15.3, "POI PROFESSIONAL, OF- FICE, AND INSTITUTIONAL DISTRICT" , PROVIDING FOR THE PURPOSE OF SAID POI DISTRICT; PROVIDING FOR THE PERMITTED AND CONDITIONAL USES IN SAID POI DISTRICT; PROVIDING FOR CRITERIA FOR LOT DI~iENSIONS AND SITE AREA WITHIN SAID POI DISTRICT; PROVIDING FOR BUILDING SETBACKS, GROUND FLOOR BUILDING AREA, TOTAL FLOOR AREA, BUILDING HEIGHT, PARKING AND LOADING REGULATIONS, WALLS AND FENCES, LANDSCAPING, SIGNS, AND SPECIAL REGULATIONS FOR SAID POI DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 48-84 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. - 4 - 07/10/84 Mrs. Horenburger moved for the adoption of Ordinance No. 48-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 49-84 - Zoning Ordinance Amendment - RL Low to Medium Density Dwelling District. Ordinance No. 49-84, amending Chap- ter 30 "Zoning" of the Code of Ordinances to create the RL dwelling district, is before Council for consideration on Second and FINAL Read- ing. 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. 49-84: 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, ENACTING A NEW SECTION 30-5.5, "RL LOW TO MEDIUM DENSITY DWELLING DISTRICT", PROVIDING FOR THE PURPOSE OF SAID RL DISTRICT; PROVIDING FOR THE PERMITTED AND CONDITIONAL USES IN SAID RL DISTRICT; PROVIDING FOR CRITERIA FOR LOT DIMENSIONS, SITE AREA, AND DENSITY COMPUTATION WITHIN SAID RL DISTRICT, INCLUDING DENSITY AND SITE AREA, MIN- IMUM DIMENSIONS, EXCEPTIONS, DUPLEX CRITERIA; PROVIDING FOR AGGREGATE FLOOR AREA FOR ALL MULTIPLE FAMILY DWELLING UNITS IN SAID RL DISTRICT; PROVIDING FOR BUILDING SET- BACKS, GROUND FLOOR BUILDING AREA, TOTAL FLOOR AREA, BUILDING HEIGHT, PARKING AND LOADING REGULATIONS, WALLS AND FENCES, LANDSCAPING, SIGNS, TOWNHOUSES AND TOWNHOUSE DEVELOPMENT, AND MINIMUM SPACING BETWEEN BUILDINGS RE- QUIREMENTS; PROVIDING FOR SPECIAL REGULATIONS, PARK AND RECREATION LAND DEDICATION, AND PERFORMANCE STANDARDS FOR SAID RL DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 49-84 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. 49-84 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. 10. Ordinance No. 51-84 - Clean Indoor Air. Ordinance No. 51-84, repealing Ordinance No. 86-80 making Palm Beach County's "Clean Indoor Air Ordinance" in effect and operative within the City limits, 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. 51-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 86-80 OF THE CITY OF DELRAY BEACH, FLORIDA, WHICH HAD EXEMPTED THE CITY OF DELRAY BEACH FROM THE OPERATION AND EFFECT OF PALM BEACH COUNTY'S "CLEAN INDOOR AIR ORDINANCE" (ORDINANCE NO. 80-10 ), AND THUS NOW MAKING SAID PALM BEACH COUNTY "CLEAN INDOOR AIR ORDINANCE" IN EFFECT AND OPERATIVE WITHIN THE MUNICIPAL LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA UPON THE ADOPTION OF THIS ORDINANCE ON SECOND AND FINAL READING; PROVIDING FOR NON-CODIFICATION OF THIS ORDI- NANCE; PROVIDING AN EFFECTIVE DATE. - 5 - 07/10/84 (Copy of Ordinance No. 51-84 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. 51-84 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. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 11. Ratification of Sale of Surplus Property. Council is to consider ratifying the sale of surplus property. An auction was held on July 7th at 10:00 a.m. for the sale of surplus City property. All items were sold to the highest bidder and a total of $25,982.02 was realized from the sale. Approval is recommended. 12. Final Plat Approval - Harbor Club. Council is to consider a request for final plat approval for Harbor Club, an approved 14-unit multiple family project. The property is located on the west side of Florida Boulevard between Avenue "L" and LaMat Avenue. This was ap- proved 5-0 by the Planning and Zoning Board. 13. Conditional Use Approval - Mariposa. Council is to con- sider a request for conditional use approval for Mariposa, a proposed adult congregate living facility located at the northwest corner of S.E. 1st Avenue and S.E. 1st Street. This was approved 5-0 by the Planning and Zoning Board, subject to the following conditions: (1) That the lease agreement setting aside for parking property to the north of the subject site, and approved by the Assistant City Attor- ney in her memorandum of June 22, 1984, be recorded upon approval of this conditional use by City Council; (2) That at least six (6) stabilized sod parking spaces be provided on the leased property in accordance with City parking standards; (3) That this facility have no more then five (5) sleeping rooms; (4) That improvements to the site be completed in accordance with the approved site plans; (5) That the only conditional use to be permitted hereunder is as an adult congregate living facility; (6) That all improvements, including the stabilized parking on the leased property, be completed within one year pursuant to Section 30-21(E) of the Zoning Code; (7) That five (5') feet for right-of-way on S.E. 1st Avenue be dedicated at such time as S.E. 1st Avenue is widened; (8) That the requirement for the construction of a sidewalk on S.E. 1st Street be waived; and (9) That Ordinance No. 47-84, reducing the minimum frontage requirement for adult congregate living facilities located in commercial zoning dis- tricts from 100 feet to 75 feet, be adopted by City Council. 14. Granting of Easement between A1A and Andrews Avenue. Council is to consider granting a five foot easement to Florida Power and Light across the north side of City parking lot (north of Holiday Inn) to re-establish an overhead feeder tie connecting existing facil- ities. Approval is recommended._ 6 - 07/10/84 15. Time Limit Extension Approval - Pelican Harbor. Council is to consider a request for a one-year extension of the time limit for construction of the pool and tennis courts at Pelican Harbor, located east of South Federal Highway between the C-15 Canal and Tropic Isle Drive. Site plan approval was conditioned upon these improvements being completed within nine months of the date of approval or by September 13, 1984. This was approved 5-0 by the Planning and Zoning Board, subject to the condition that the pool and tennis courts be constructed before or in conjunction with the apartments to the west (Pelican Pointe). 16. Adoption of the City's Sign Code. Resolution No. 51-84, urging the Palm Beach County Board of Commissioners to adopt Chapter 9 "Buildings and Construction" of the Code of Ordinances on properties under their jurisdiction within the City's corporate limits and reserve area, is before Council for consideration. The caption of Resolution No. 51-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE COUNTY COMMISSION OF PALM BEACH COUNTY, FLORIDA, URGING THE COUNTY COMMISSION TO IMME- DIATELY ADOPT CHAPTER 9, "BUILDINGS AND CONSTRUCTION", ARTICLE VII, "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA (WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN), AND MAKE SAME APPLICABLE THROUGHOUT PAL~] BEACH COUNTY, BUT AT A MINIMUM TO THOSE COUNTY ENCLAVES OR "POCKETS" FOUND WITHIN THE GENERAL NORTH, SOUTH, EAST AND WEST BOUNDARIES OF THE CITY OF DELRAY BEACH; AUTHORIZING AND DIRECTING THE CITY CLERK TO FURNISH CERTIFIED COPIES OF THIS RESOLUTION TO THE COUNTY COMMISSION OF PALM BEACH COUNTY INDIVIDUALLY, THE COUNTY ADMINISTRATOR, COUNTY ATTORNEY, AND ALL OTHER APPROPRIATE OFFICES AND AGENCIES. (Copy of Resolution No. 51-84 is on file in the official Resolution Book) 17. Abandonment of Easement -Chatelaine Subdivision. Resolu- tion No. 52-84, vacating and abandoning the east six feet of a 12 foot utility easement within Lot 26, Block 8 of the Chatelaine Subdivision (Earl and Kate Shelton, applicants), is before Council for considera- tion. The caption of Resolution No. 52-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE EAST SIX FEET OF A TWELVE FOOT UTILITY EASEMENT WITHIN LOT 26, BLOCK 8, PLAT NO. 1, CHATELAINE SUBDIVISION, AS RECORDED IN PLAT BOOK 29, PAGES 94 AND 95 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 52-84 is on file in the official Resolution Book) 18. Abandonment of Service Lane - Northeast corner of East Atlantic Avenue and N.E. 7th Avenue. Resolution No. 53-84, abandoning a 10 foot service lane within Block 124 at the Carteret Savings and Loan Association, is before Council for consideration. The caption of Resolution No. 53-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT CERTAIN 10 FOOT SERVICE LANE AS SHOWN ON THE PLAT OF SUBDIVISION OF BLOCK 124, DELRAY BEACH, FLORIDA, AS RECORDED IN PLAT BOOK 18, PAGE 91, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID SERVICE LANE LYING NORTH OF LOT 10 AND SOUTH OF LOT 5 AND THE EASTERLY PROJECTION OF THE SOUTH LINE OF LOT 5, AS SHO%~ ON SAID PLAT. - 7 - 07/10/84 (Copy of Resolution No. 53-84 is on file in the official Resolution Book) 19. Acceptance of Easement Deed - Northeast Corner of East Atlantic Avenue and N.E. 7th Avenue. Council is to consider acceptance of an easement deed for the existing sewage force main and electric utilities at the Carteret Savings and Loan Association. The executed easement deed will be granted to the City in place of the abandoned service lane. This was approved 5-0 by the Planning and Zoning Board. 20. Traffic Signals. Resolution No. 54-84, requesting Palm Beach County to take over maintenance and operation of all traffic signals, including the City signals, within the City of Delray Beach, is before Council for consideration. The caption of Resolution No. 54-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT PALM BEACH COUNTY ASSUME THE MAINTENANCE AND OPERATION OF ALL TRAFFIC SIGNALS WITHIN THE CITY OF DELRAY BEACH, COMMENCING OCTOBER 1, 1984; PROVIDING FOR FURNISHING COPIES OF THIS RESOLU- TION. (Copy of Resolution No. 54-84 is on file in the official Resolution Book) 21. Water Service Outside the City - Harold T. and Elaine P. Sorensen. Council is to consider execution of a water service agree- ment for property located at the southwest corner of N.W. llth Street and N.W. 6th Avenue. The property is zoned RS (Residential Single Family) in the County and is designated SF (Single Family) in the City. This is a single family residence. This was approved 5-0 by the Plan- ning and Zoning Board. 23. Seneca Group - Sign Variance. Council is to consider authorizing the Building Department to waive the fee for setback var- lance at the Board of Adjustment. 24. Amended Agreement - Pelican Harbor, Phase Four. Council is to consider approval of and authorization to execute Amended Agreement for Letter of Credit, Completion of Subdivision Improvements and Guar- antee between the City and Pelican South, Inc., for Pelican Harbor, Phase Four. 24.a. %~ter Service - (Dr. Angel's Veterinar~ Hospital and George Powell). Council is to consider approval of the letters dated July 9, 1984 from Mike McDaniel to Mr. Frank Gargiulo, Palm Beach County Health Department, and formal confirmation that water service will be provided at the subject locations. Mr. Jackel moved for the adoption of the Consent Agenda, seconded by Mr. Weatherspoon. Said motion passed unanimously. REGULAR AGENDA 25. Appointment - Planning & Zoning Board. Council is to consider the appointment of a member to the Planning and Zoning Board to a term ending September 24, 1984. Mr. Jackel moved to appoint Mr. Jack Kellerman to the Plan- ning and Zoning Board, effectively immediately, to a term ending Septem- ber 24, 1984, seconded by Mrs. Horenburger. Said motion passed unani- mously. 26. Appeal to decision of Community Appearance Board - Mobil Oil. Council is to consider an appeal of the CAB decision regarding the appearance of the Mobil station at Avenue "L" and Federal Highway. Mr. Jackel stated that this item was denied by the Community Appearance Board and apparently Mobil Oil does not see fit to appear before Council to appeal their decision. - 8 - 07/10/84 Mr. Jackel moved to uphold the decision of the Community Appearance Board, seconded by Mrs. Horenburger. Said motion passed unanimously. 29. Ordinance No. 41-84 - Junk Vehicles. Ordinance No. 41-84, amending Chapter 14 "Junk, Junkyards and Automotive Repairs" of the Code of Ordinances relative to abandoned, wrecked or junked vehicles on private or public property, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 24th. 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, WRLCKED, JUNKED VEHICLES ON PRIVATE OR PUBLIC PROPERTY", SUBSECTION (a), "PROHIBITED", TO DEEM A MOTOR VEHICLE INOPERATIVE AND/OR ABANDONED IF A VALID AND CURRENT MOTOR VEHICLE LICENSE IS NOT AFFIXED THERETO IN EXCESS OF THIRTY (30) CALENDAR DAYS; PROVIDING THAT THIS SECTION NOT APPLY TO MOTOR VEHICLES LOCATED ON PROPERTY ~NED OR LEASED BY AUTOMOTIVE DEALERS, NEW OR USED, POSSESSING A CURRENT, VALID, OCCUPATIONAL LICENSE; NOR SHALL THIS SECTION APPLY TO ANY ANTIQUE OR COLLECTOR VEHICLE REGISTERED WITH THE STATE OF FLORIDA; PROVIDING A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. 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. 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. The City Attorney advised he has received a request from Mr. Roger Saberson to be able to address item 30. He was not present ear- lier on this evening and is here representing Hanover Square. Mayor Campbell stated they will put this item back on the agenda. 30. Final Plat Approval - Hanover Square~ Phase I. Council is to consider final plat approval for Hanover Square, an approved lll-unit single family development located north of West Atlantic Avenue between High Point Boulevard and Hamlet Drive, if extended north. This was approved 5-0 by the Planning and Zoning Board, subject to the following conditions: (1) Approval of Palm Beach County Health Department is required for water and sewer. (2) Dedicate landscape buffer area. (3) Set invert at 26A above bottom of retention pond. (4) Add sidewalk along Atlantic Avenue. (5) Inlet grate elevations may not exceed hydraulic gradient elevation. Mr. Roger Saberson, representing Hanover Square, stated they are requesting that Council approve the final plat, subject to the applicant completing each of the conditions. The applicant does not object to complying with the conditions, it is just a matter of timing. The City would be in no different a position approving this condi- tionally than they would be if they waited for the conditions to be completed and then approve the final plat. The conditions which have not been complied with are fairly simple to get completed and he feels this is even more of a reason why Council should approve this item conditionally. - 9 - 07/10/84 ~rs. Horenburger moved to approve final plat approval, subject to compliance of the five conditions set forth in the memorandum dated July 10th from the Engineering Department, seconded by Mr. Jackel. Said motion passed unanimously. Mayor Campbell declared the meeting adjourned at 8:15 P.M.  t City Clerk 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 July 10, 1984, which minutes were for- mally approved and adopted by the City Council on~~ ~./~.~. · 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. - 10 - 07/10/84