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08-28-84 AUGUST 28~ 1984 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jimmy Weatherspoon in the Council Chambers at City Hall at 7:02 P.M., Tuesday, August 28, 1984. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Arthur Jackel Vice-Mayor Jimmy Weatherspoon Mayor Doak S. Campbell (Arrived 8:43 P.M.) Absent - Council Member Marie Horenburger Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Gerald Dingman, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the Regular Meeting of August 14, 1984 and the Special Meetings of August 7, 1984 and August 17, 1984, seconded by Mr. Jackel. Said motion passed unan- imously. 5.a.1. Mr. Saul Horne, 801 N.W. 26th Avenue, stated Council should not consider leasing the golf course; instead, they should hire a ca- pable manager. He feels they received unimpressive applications for the Golf Course Manager's job because the salary range was such that no self respecting, capable individual would reply to the advertisement. 5.a.2. Mr. Jack Pitts, 1109 Beach Drive, stated he is before Coun- cil, on behalf of a friend, to complain about the condition of the cemetery. He suggested that in addition to taking a look at it, they might also consider having the police go by there more frequently. Mr. Bird stated they were looking at proposals on the cem- etery and questioned whether they have received any information. The City Manager advised they have received some information and he will try to schedule this for the next workshop. 5.b.1. Mr. Jackel stated that three months ago he requested a study be made of the water and sewer rate structure. To date he has received no information and requested that the City Manager produce the results of that study. 5.b.2. Vice-Mayor Weatherspoon read a proclamation proclaiming the month of September as "Safety through Songs Month". 5.b.3. Vice-Mayor Weatherspoon read a proclamation proclaiming 1984 as "Year of the Family". 5.c.1. The City Attorney advised Council that they will have a draft of the golf course licence agreement on next week's agenda. 5.c.2. The City Attorney advised that Ordinance No. 38-84, which was scheduled to be on tonight's agenda for second and final reading, will now be postponed until September llth. However, due to the fact that it was mentioned on a previous agenda to be on tonight's agenda, he is requesting that Council formally make the motion to postpone the second and final reading and public hearing of Ordinance No. 38-84 until Tuesday, September llth at 5:00 P.M. Mr. Bird moved to postpone the second and final reading and public hearing of Ordinance No. 38-84 until Tuesday, September llth at 5:00 P.M., seconded by Mr. Jackel. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Jackel stated he objects to a public hearing being held at 5:00 P.M. when there will a public hearing on the budget that same evening at 7:00 P.M. Mr. Bird advised the Statutes state that budget hearings should be for the subject of the budget and only the budget. There are also quite a number of other bodies who hold budget hearings and they cannot be on the same day. At this point the roll was called to the motion. 5.d.1. The City Manager advised that Council has been furnished a memorandum from Mr. Pontek relative to paving repairs in the manhole rehabilitation project. The project is bigger than first anticipated and Mr. Pontek is recommending that the contract be added to in the amount of $20,700 for the repaving of the nine manhole sites. Mr. Jackel moved to increase the amount being paid to H & H Engineering by the amount of $20,700 to repave nine manholes, seconded by Mr. Bird. Mr. Bird amended the motion to include the source of funding to come from the Sewer Fund, seconded by Mr. Jackel. Said motion passed unanimously. 5.d.2. The City Manager stated several weeks ago Council requested that the Administration secure proposals from police consultants for the Police Department facility. He has received three proposals and is recommending that Council review these at the September 18th workshop meeting. He has also been advised that, in order to meet with a poten- tial schedule in the spring, Council should be considering the selection of an architect to work in conjunction with the consultant. Upon question by Mr. Bird, Chief Kilgore advised they have a building which they thought they could add onto; however, they feel they should be looking towards the future and have the proper people come in and conduct the study. 5.d.3. The City Manager advised he has received a letter of intent to purchase City Parcel #80 from the Ural American Mortgage Company. The purchase price ranges from $130,500 to $174,000 depending on how the property is zoned and its future use. He will furnish Council copies of the letter for their review. 5.d.4. The City Manager advised he has received a request from Carolyn Young and William Young for consideration of the sale of Lots 21 and 22, Block B, West Side Heights. The City Attorney stated this is a two-fold issue. Ms. Young wishes to purchase the two lots; in addition to that she has an offer to permit the City to acquire from her Lot 2, Block 2, J.G. Fenno Subdivision. This lot was the subject of discussion back in December, 1981 and involved an allegation that a portion of a right-of-way en- croached upon that lot. Council directed that the City Attorney's Office negotiate a resolution of the issue with the Attorney representing the then owner. Ms. Young is apparently now the owner of that particular lot and is offering that the City either purchase this lot from her and sell her the City's two lots or swap them. He is bringing this item before Council for further direction as to whether or not they wish to look into the proposition further or have the three lots respectively appraised. Mr. Bird stated he would like to study this issue and the preliminary step would be to find out whether or not the City-owned lots in question are excess properties. He requested that the Administration investigate to make sure they are excess and then perhaps they could workshop this matter. - 2 - 8/28/84 The City Attorney stated he feels it needs to be made clear, for the record and any Council members, that the meeting which is to occur on September llth at 7:00 P.M. is scheduled and must be at the regular meeting time. The meeting which will occur at 5:00 P.M. is to be a special meeting; therefore, it must be delineated on the agenda specifically those items which are going to be discussed. If Council has any items to be added to that special meeting they should have them submitted by September 6th or 7th. 6. Mr. Bird requested that items 9 through 14 be moved to the last items of the regular agenda. Mr. Bird moved that items 7 and 8 be removed from the agenda and items 9 through 14 be moved to the end of the regular agenda follow- ing item 31, seconded by Mr. Jackel. Said motion passed unanimously. The City Attorney advised that since items 7 and 8 have been advertised for a public hearing tonight and have yet to be readvertised Council should move Ordinance No. 53-84 and Ordinance No. 54-84 for second and final reading and public hearing to be held at 7:00 P.M., in the City Council Chambers on Tuesday, September 25, 1984. Mr. Jackel moved that the second and final reading and public hearing on Ordinance No. 53-84 and Ordinance No. 54-84 be held at 7:00 P.M., in the City Council Chambers on Tuesday, September 25, 1984, seconded by Mr. Bird. Said motion passed unanimously. PUBLIC HEARING 15. Ordinance No. 66-84 - Site Plan Modification - South Delray Shopping Plaza~ Phase II. Ordinance No. 66-84, amending Ordinance No. 64-83 which established an SAD (Special Activities District) for South Delray Shopping Plaza, Phase II relative to conversion of 16 duplexes (32 units) to a 40-unit multiple family project being developed, 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. 66-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2 OF ORDINANCE NO. 64-8 3, WHICH ESTABLISHED AN SAD (SPECIAL ACTIVITIES DISTRICT) FOR PROPERTY LOCATED NORTH OF AVENUE "L" , BETWEEN FLORIDA BOULEVARD AND SOUTH FEDERAL HIGHWAY, BY ENACTING A NEW SUBSECTION (n) RELATIVE TO THE RESIDENTIAL PORTION OF THE SITE PLAN ALLOWING THE CONVERSION OF THE 16 DUPLEX STRUCTURES (32 UNITS) TO A 40 UNIT MULTIPLE FAMILY PROJECT BEING DEVELOPED IN ACCORDANCE WITH THE CONDITIONS LISTED IN PARAGRAPHS (a) THROUGH (m) OF ORDI- NANCE NO. 64-83, EXCEPT AS MODIFIED TO: (1) CHANGE THE PLAT NAME TO SOUTH DELRAY SHOPPING PLAZA, PHASE II, (2) APPROVAL OF WATER AND SEWER SYSTEM LAYOUT BY PUBLIC UTILITIES DEPARTMENT, AND (3) PROVIDING REQUIREMENTS FOR INTERIOR TREES; BY REPEALING SECTION 3 AND ENACTING A NEW SECTION 3 RELATIVE TO REDESIGNATING THE APPROVED SITE PLAN AND COMPLETION OF THE PROJECT IN ACCORDANCE WITH THE APPROVED SITE AND DEVELOPMENT PLANS; SAID LAND BEING ALL OF BLOCKS 29, 30, 31 AND 33 OF DEL-RATON PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 66-84 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. - 3 - 8/28/84 Mr. Jack Pitts stated he is beginning to oppose the SAD zoning classification and feels Council should reconsider it before granting any more. Mr. Robert Stump, 2726 Carnation Court, stated he was under the impression that the developer of this shopping center had agreed to a buffer zone between the back property line and Frederick Boulevard and also that the land would be zoned for duplexes. He questioned why the developer wants to increase the density and there is a sudden change of plan. Mr. Jackel advised the developer is doing away with an internal road which gives him more property and allows him to build more homes; the density will not be increased. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 66-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 16. Tent Permit Request - Daughters of Zion Seventh-Day Adven- tist Church. Council is to consider a request for a 40x60 foot tent to be erected at the Daughters of Zion Seventh-Day Adventist Church located on S.W. 10th Street and S.W. 6th Avenue from August 28 through September 8, 1984. Approval is recommended. 17. Site Plan Approval - Rainberr¥ Bay, Section 10. Council is to consider a request for site plan approval for Rainberry Bay, Section 10, a proposed 60-unit multiple family project located within the Rain- berry Bay Development on the north side of Lake Ida Road, between Davis Road and Barwick Road. This was approved 7-0 by the Planning and Zoning Board, subject to the following conditions: (1) Engineering Division's memorandum of August 8, 1984; (2) City Horticulturist's memorandum of August 13, 1984; (3) That all improvements be completed in accordance with the approved site plans; and (4) That the time limitation of this approval be eighteen (18) months pursuant to Sectio~ 30-22(E) of the Zoning Code. 18. Final Plat Approval - Ocean Cay. Council is to consider a request for final plat approval for Ocean Cay, an approved 13-unit multiple family project, located on the west side of A1A between Vista Del Mar Drive and Atlantic Avenue. This was approved 7-0 by the Plan- ning and Zoning Board. 19. 1984 Beach Renourishment Project. Council is to consider authorizing Arthur V. Strock & Associates, Inc., to proceed with Phase II and Phase III of the Environmental Monitoring Program for the 1984 Beach Renourishment Project. The Department of Natural Resources is preparing a contract which will include 75% of the environmental mon- itoring costs which are not covered by Corps of Engineers' funding. The estimated cost of Phase II is $113,565 and Phase III is $37,510. The City's share will amount to $37,769, with funds to come from the Erosion Control Fund. Approval is recommended. 20. Annexation Request - Northeast corner of 1-95 and Linton Boulevard (William L. and Kathleen S. Wallace). Resolution No. 63-84, requesting permission from the Palm Beach County Board of Commissioners to rezone a 7.29-acre parcel, is before Council for consideration. It is zoned CG (General Commercial) in the County and is designated C (Com- mercial) on the City's Land Use Plan. - 4 - 8/28/84 The caption of Resolution No. 63-84 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. 63-84 is on file in the official Resolution Book) 21. Annexation Request - Northeast Corner of 1-95 and Linton Boulevard (William L. Wallace). Resolution No. 64-84, requesting permission from the Palm Beach County Board of Commissioners to rezone a 2.78-acre parcel, is before Council for consideration. It is zoned RH (Residential High Density) in the County and is designated I (Indus- trial) on the City's Land Use Plan. The caption of Resolution No. 64-84 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 RH (RES- IDENTIAL HIGH DENSITY) TO THE CITY'S ZONING CLASSIFICA- TION LI (LIGHT INDUSTRIAL) DISTRICT. (Copy of Resolution No. 64-84 is on file in the official Resolution Book) Mr. Jackel moved for adoption of the Consent Agenda, sec- onded by Mr. Bird. Said motion passed unanimously. REGULAR AGENDA 22. N.W. 5th Avenue Improvements. Council is to consider award of a contract to Campanella Corporation in the amount of $407,312.56 for road and sidewalk improvements to N.W. 5th Avenue. The Planning Direc- tor recommends approval, subject to the following conditions: (1) Reissuance of a wage decision for the project by the U.S. Department of Labor; (2) Acceptance by Campanella Corporation of the wage rates in the new wage decision; and (3) Incorporation of the wage decision in the con- tract before it is executed. Mr. Bird moved to award a contract to Campanella Corporation in the amount of $407,312.56 for road and sidewalk improvements to N.W. 5th Avenue, funds to come from Community Development and the Job Bill, seconded by Mr. Jackel. Said motion passed unanimously. 23. N.W. 5th Avenue Improvements. Council is to consider extension of agreement dated November 22, 1983 between the City and Barker, Osha & Anderson, Inc., for the performance of engineering and resident inspection service for the N.W. 5th Avenue improvements, in accordance with letter and fee schedule from Jeff Renault dated August 14, 1984. Mr. Bird moved to extend the agreement dated November 22, 1983 between the City and Barker, Osha & Anderson, Inc., for the per- formance of engineering and resident inspection service for the N.W. 5th Avenue improvements, in accordance with letter and fee schedule from Jeff Renault dated August 14, 1984, seconded by Mr. Jackel. Said motion passed unanimously. - 5 - 8/28/84 24. Site Plan Approval - Sherwood Pontiac. Council is to consider a request for site plan approval for Sherwood Pontiac, an existing automobile dealership to allow the addition of a 8,720 square foot paint and body shop. The property is located north of LaMat Av- enue, between Dixie Highway and South Federal Highway. This was ap- proved 7-0 by the Planning and Zoning Board, subject to the following conditions: (1) Engineering Division's memorandum of August 9, 1984; (2) Director of Development & Inspection/Chief Building Official's memorandum of August 14, 1984; (3) City Horticulturist's memorandum of August 13, 1984; (4) That all improvements be completed in accordance with the approved site plans, except as modified by the above conditions; and (5) That the time limitation of this approval be eighteen (18) months pursuant to Section 30-22(E) of the Zoning Code. Mr. Bird moved for site plan approval for Sherwood Pontiac, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Jackel stated that two weeks ago they approved a site plan for Lincoln Mercury and at that time he pointed out that he was uncomfortable that the right-of-way they were giving was only 25 feet. Other dealerships in that area have given 50 foot rights-of-way and he feels that Council should be consistent in their policies. Mr. Digby Bridges, representing Sherwood Pontiac, stated his client feels they no longer wish to give the 50 feet right-of-way and is requesting that they only give 25 feet as did Lincoln Mercury. Mr. Bird amended his motion to allow Sherwood Pontiac to only give a 25 foot right-of-way, Mr. Jackel amended his second. Mr. Robert Stump questioned what kind of liability Council is setting up for the taxpayers of the City; he feels they made a very unwise decision in granting a 25 foot right-of-way to Lincoln Mercury and have left the taxpayers with a tax burden. At this point the roll was called to the motion. 25. Extension Request - The Harbour's Edge. Council is to consider a request for a four month extension of the time period in which the developer retains the option to substitute The Harbour's Edge site plan, a 276-unit life care facility for the Old Harbor site plan, a 304-unit condominium project. This option will expire on August 30, 1984. The property is located at the northwest corner of Linton Boul- evard and the Intracoastal Waterway. The Planning and Zoning Board recommends denial. Mr. Richard Siemens, developer of Harbour's Edge, stated this project has been delayed because of modifications made to the State Statutes and the Congress' Tax Reform Act. They are trying to work out the problems; however, if they cannot be resolved they do have another arrangement whereby they will modify the existing occupancy agreements and close the financing. Mr. Jackel stated he feels Mr. Siemens is not requesting the extension for his own benefit but because the Federal Government changed their regulations and this is causing a delay. Mr. Jackel moved to approve a four month extension, seconded by Mr. Bird. Said motion passed unanimously. - 6 - 8/28/84 26. Ordinance No. 55-84 - Zoning Ordinance Amendment - Special Setback Requirements. Ordinance No. 55-84, amending Chapter 30 "Zon- ing" of the Code of Ordinances relative to establishing a setback of 30 feet on both sides of Linton Boulevard; 30 feet on both sides of Con- gress Avenue and 30 feet on both sides of Military Trail, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 25th. The City Manager presented Ordinance No. 55-84: 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 REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS" (M) RELATING TO ESTABLISHING A SETBACK OF THIRTY (30) FEET ON BOTH SIDES OF LINTON BOULEVARD, AND ENACTING A NEW SEC- TION 30-16 "SPECIAL SETBACK PROVISIONS" (M) RELATING TO ESTABLISHING A SETBACK OF THIRTY (30) FEET ON BOTH SIDES OF LINTON BOULEVARD; AMENDING SECTION 30-16 (N) TO RE- LETTER SAID SUBSECTION AS SECTION 30-16 (P); ENACTING A NEW SECTION 30-16 (N) TO ESTABLISH A SETBACK OF THIRTY (30) FEET ON BOTH SIDES OF CONGRESS AVENUE; AND ENACTING A NEW SECTION 30-16 (0) TO ESTABLISH A SETBACK OF THIRTY (30) FEET ON BOTH SIDES OF MILITARY TRAIL; 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. Bird moved for adoption of Ordinance No. 55-84 on First Reading, seconded by Mr. Jackel. Mr. Bird stated, the way he reads this ordinance, 10 feet of land must be landscaped; instead of trying to increase the landscaping he feels they may be reducing it which was not the intention of the ordinance. Mr. Sam Schwimer, 1061 Orange Terrace, stated he is not sure how this ordinance will affect the Pines of Delray. Linton Boulevard is presently being widened to four lanes and a good part of the land has already been taken away. There are plans to widen this road to six lanes and if they do so how will this affect people's homes if this setback requirement of 30 feet is enforced. Mr. Jack Frieder, 1425 S.W. 27th Avenue, stated his develop- ment has areas along Linton Boulevard which are less than 25 feet from the road and would be greatly affected by this ordinance. Mr. Bird stated he feels this ordinance should be returned to a workshop to have it reconsidered. Mr. Bird withdrew his motion, Mr. Jackel withdrew his second. Mr. Jackel moved to refer this item back to the Planning and Zoning Board for further study, seconded by Mr. Bird. Said motion passed unanimously. 27. Ordinance No. 67-84 - Amending Code - Pensions for General Employees. Ordinance No. 67-84, amending Chapter 18 "Pension and Retire- ment'' of the Code of Ordinances relative to pensions for general em- ployees, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 25th. - 7 - 8/28/84 The City Manager presented Ordinance No. 67-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18 "PENSION AND RETIRE- ~IENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE IV, "PENSIONS FOR GENERAL EMPLOYEES", DIVISION 2, "ELIGIBILITY; PARTICIPA- TION; SERVICE ", SECTION 18-79, "ELIGIBILITY; PARTICIPA- TION'', TO ELIMINATE MAXIMUM AGE RESTRICTIONS FOR ELIGIBIL- ITY; BY AMENDING SECTION 18-80, "SERVICE", TO ALLOW SERVICE CREDIT FOR PARTICIPATION AT ANY AGE; BY AMENDING SECTION 18-82, "CREDITED SERVICE", TO ALLOW REPAYMENT UNDER CERTAIN CIRCUMSTANCE; BY ENACTING A NEW SECTION 18-83, "ACTUARIAL EQUI VALENCE" , TO DEFINE ACTUARIAL EQUIVALENCE; BY AMENDING DIVISION 3, "MISCELLANEOUS PROVISION REGARDING THE PLAN", SECTION 18-93, "PARTIC- IPANT'S CONTRIBUTION ACCOUNT", TO ALLOW CONTRIBUTIONS FOR PARTICIPATION AT ANY AGE; BY AMENDING DIVISION 4, "BASIS, AMOUNT AND PAYMENT OF RETIREMENT INCOME", TO COUNT SALARY EARNED FOR PARTICIPATION AT ANY AGE; BY AMENDING SECTION 18-110, "NORMAL RETIREMENT AND RETIREMENT INCOME ", TO REFLECT CREDITED SERVICE AFTER AGE 60; BY AMENDING SEC- TION 18-111, "EARLY RETIREMENT AND RETIREMENT INCOME ", TO INTRODUCE NEW EARLY RETIREMENT FACTORS; BY AMENDING SECTION 18-113(A), "BENEFIT ON TERMINATION OF SERVICE AND ON DEATH AFTER TERMINATION OF SERVICE", TO CHANGE METHOD OF CALCULATION OF VESTING BENEFIT; BY AMENDING SECTION 18-115, "LUMP-SUM PAYMENT OF SMALL RETIREMENT INCOME", TO RECOGNIZE NEW DEFINITION OF ACTUARIAL EQUIVALENCE; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 67-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 28. Ordinance No. 68-84 - Zoning Ordinance Amendment - Recrea- tional Vehicles. Ordinance No. 68-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to regulations for the parking, storing or keeping of commercial vehicles, boats, buses, trailers and trucks, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 25th. The City Manager presented Ordinance No. 68-84: 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 30-20, "REGULATIONS FOR THE PARKING, STORING OR KEEPING OF COMMERCIAL VEHICLES, BOATS, BUSES, TRAILERS AND TRUCKS" , BY REPEALING SECTION 30-20 (B), "DEFINITIONS" , AND ENACTING A NEW SECTION 30-20 (B) , "DEFINITIONS", WHICH DEFINES TERMS FOR PURPOSES OF THIS CHAPTER, INCLUDING BOAT; BOAT TRAILER; BUS, POLE TRAILER, SEMI-TRAILER, TRAILER, TRAILER COACH, TRUCK, AND TRUCK TRAILER; CAMPER; CAP; CHASSIS CAMPER; INDUSTRIAL EQUIP- MENT; OWNER; PICKUP TRUCK; RECREATIONAL VEHICLE; AND RESIDENTIAL DISTRICTS; AND BY AMENDING SECTION 30-20 (E), "PERMITTED PARKING" , SUBSECTION ( 2 ) (b) TO ALTER THE SCREENING REQUIREMENTS FOR BOATS, BOAT TRAILERS AND RECREATIONAL VEHICLES; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 68-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. - 8 - 8/28/84 29. Ordinance No. 69-84 - William L. and Kathleen S. Wallace Annexation. Ordinance No. 69-84, relative to annexing a 7.29-acre parcel, subject to SC (Specialized Commercial) zoning district, located at the northeast corner of 1-95 and Linton Boulevard, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 25th. The City Manager presented Ordinance No. 69-84: 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF 1-95 AND LINTON BOULEVARD; RE- DEFINING 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 adoption of Ordinance No. 69-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 30. Ordinance No. 70-84 - William L. Wallace Annexation. Ordinance No. 70-84, relative to annexing a 2.78-acre parcel, subject to LI (Light Industrial) zoning district, located at the northeast corner of 1-95 and Linton Boulevard, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 25th. The City Manager presented Ordinance No. 70-84: 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF 1-95 AND LINTON BOULEVARD; RE- DEFINING 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. Jackel moved for adoption of Ordinance No. 70-84 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 31. Agreement between the City~ Palm Beach County and LIR Devel- opment Company. Council is to consider authorizing execution of agree- ment between the City, Palm Beach County and LIR Development Company to accept a contribution of $250,000 from LIR Development Company in lieu of and in addition to the County's Fair Share or Road Impact Fees for the purpose of widening Linton Boulevard to six lanes. The City Attorney advised this item is on the agenda at the request of Mr. Chapin who is the attorney representing LIR Development Company. There is now a third draft of the proposed agreement which incorporates all but one of the requested changes which he (City Attor- ney) proposed. - 9 - 8/28/84 Mr. Robert Chapin stated LIR Development Company has agreed to pay $250,000 to the City for the improvements and widening of Linton Boulevard. Normally, this agreement would be with the County; however, it was requested by John Walker, Engineering Department, that the City be included. The agreement provides that (a) LIR Development Company will pay the money, (b) the City will exercise its best efforts to collect the uncollected road impact fees, (c) the County will exercise its best efforts to award a contract for the widening of Linton Boul- evard on or before July 1, 1985 and (d) the County will agree that the funds from these uncollected road impact fees will be first used for this project. The City Attorney's only question is whether or not the City should agree to exercise its best efforts. He feels by adding this phrase to the agreement they are not adding any legal obligation or further duty on behalf of the City. Mayor Campbell arrived at this time and took the Chair. Mr. Bird stated he has trouble with the term "best efforts"; who can define what the City's best efforts will be? He questioned why the City has to use the term and why they cannot specify in the agree- ment that the City shall be responsible for maintaining records of who the fees are owed by, send out the notices and if after second notice no collection has been effected that the responsibility for legal action shall be the County's. Mayor Campbell stated he feels "best efforts" is a very clear statement; if you go too much further you may be binding the City in trying to define what best efforts are and in this case he feels it is best left ambiguous. Mr. Jackel stated, normally,-he would agree with Mr. Bird's comments; however, he feels the wording is proper and cannot forsee any lawsuits against the City for not exercising their best efforts. Mr. Jackel moved to authorize execution of an agreement between the City, Palm Beach County and LIR Development Company to accept a contribution of $250,000 from LIR Development Company in lieu of and in addition to the County's Fair Share or Road Impact Fees for the purpose of widening Linton Boulevard to six lanes, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Bird stated, for the record, that his objection is only for technical not substantive reasons. The City Attorney advised the motion should be as to the third and most recent draft. Mr. Jackel amended his motion to include that the agreement is as to the third and most recent draft, Mr. Weatherspoon amended his second. At this point the roll was called to the motion. 9. Ordinance No. 60-84 - Amended Code - Board of Construction A~peals. Ordinance No. 60-84, amending Chapter 9 "Buildings and Con- struction'' of the Code of Ordinances limiting the duration of terms of office on the Board of Construction Appeals from three years to two years and that no member may serve more than two successive terms, 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. - 10 - 8/28/84 The City Manager presented Ordinance No. 60-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE XVII, "BOARD OF CONSTRUCTION AP- PEALS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-564, "TERMS OF OFFICE; REMOVAL; VACANCIES", TO LIMIT THE DURATION OF TERMS OF OFFICE FROM THREE (3) YEARS TO TWO (2) YEARS; PROVIDING FURTHER THAT NO MEMBER MAY SERVE MORE THAN TWO (2) SUCCESSIVE TERMS; PROVIDING A SAVING CLAUSE; PRO- VIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 60-84 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mrs. Alice Finst, 707 Place Tavant, stated she is speaking not only to this item but also to the following ordinances which limit terms on boards. She stated that having people on boards for an unlim- ited time gives it continuity and stability. By limiting terms on boards Council will have a hard time filling the specified occupations on some boards. The public hearing was closed. Mr. Weatherspoon stated he shares Mrs. Finst's concern that they may have difficulty in appointing people with certain occupations to the boards. He would like to see a stipulation added to the ordi- nances that if a term has expired and they cannot find a qualified person to fill the position then the person whose term has just expired can serve another term. Mr. Bird moved for the adoption of Ordinance No. 60-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 10. Ordinance No. 61-84 - Amending Code - Planning and Zoning Board. Ordinance No. 61-84, amending Chapter 19 "Planning and Zoning Generally" of the Code of Ordinances relative to reducing the duration of terms in office from three years to two years for the Planning and Zoning Board and that no member may serve more than two successive terms, 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. 61-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 19, "PLANNING AND ZONING GENERALLY", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 19-3, "APPOINTMENT OF BOARD; TERM OF OFFICE", TO REDUCE THE DURATION OF TERMS IN OFFICE FROM THREE (3) YEARS TO TWO (2) YEARS; PROVIDING FURTHER THAT NO MEMBER MAY SERVE MORE THAN TWO (2) SUCCESSIVE TERMS; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- ~ITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 61-84 is on file in the official Ordinance Book) - 11 - 8/28/84 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. 61-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 11. Ordinance No. 62-84 - Amendin~ Code - Internal Audit Com- mi---~tee. Ordinance No. 62-84, amending Chapter 2 "Administration" of the Code of Ordinances relative to providing for limitation on succes- sive terms to two terms on the Internal Audit Committee, 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. 62-84: 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 2-71, "TERMS OF OFFICE" TO PROVIDE FOR , A LIMITATION ON SUCCESSIVE TERMS TO TWO (2) TERMS ON THE INTERNAL AUDIT COMMITTEE; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 62-84 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. 62-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 12. Ordinance No. 63-84 - Am~ndin~ Code - Community Appearance Board. Ordinance No. 63-84, amending Chapter 9 "Buildings and Con- struction'' of the Code of Ordinances to provide that no member of the Community Appearance Board may serve more than two successive terms, 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. 63-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION", ARTICLE IX, "COMMUNITY APPEARANCE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-337, "BOARD CREATED; MEMBERS, TERMS APPOINTMENTS" TO PROVIDE THAT NO MEMBER MAY SERVE MORE , THAN TWO (2) SUCCESSIVE TERMS; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 63-84 is on file in the official Ordinance Book) - 12 - 8/28/84 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. 63-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 13. Ordinance No. 64-84 - Zoning Ordinance Amendment - Board of Adjustment. Ordinance No. 64-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to reducing the number of alternates com- posing the Board of Adjustment from five to two, 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. 64-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING ORDINANCE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-25, "BOARD OF ADJUST- MENT'', SUBSECTION (B) , "COMPOSITION, COMPENSATION, TERMS, VACANCIES" TO REDUCE THE NUMBER OF ALTERNATES COMPOSING THE BOARD FROM FIVE (5) TO ~O (2) ALTERNATE MEMBERS; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 64-84 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. 64-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as fol lows: Mr. Bird - Yes; Mr. Ja cke 1 - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 14. Ordinance No. 65-84 - Amending Code - Code Enforcement Board. Ordinance No. 65-84, amending Chapter 2 "Administration" of the Code of Ordinances to broaden the requirements for the qualification of members of the Code Enforcement Board, is before Council for considera- tion 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. 65-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" , ARTICLE VI, "CODES ENFORCEMENT" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-104, "CODES ENFORCEMENT BOARD ESTABLISHED", SUBSECTION (b), "QUALIFICATION OF MEMBERS" TO BROADEN THE REQUIREMENTS FOR THE QUALIFICATION OF MEMBERS ON THE BOARD; AND BY AMENDING SUBSECTION (d) , "VACANCIES AND REAPPOINTMENT" , TO CORRECT A TYPOGRAPHICAL ERROR; PRO- VIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 65-84 is on file in the official Ordinance Book) - 13 - 8~28/84 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. Weatherspoon moved for the adoption of Ordinance No. 65-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird- Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Jackel stated he would like to see the broadening of requirements on many of the City's boards and committees. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 9:20 P.M.  City C 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 August 28, 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. - 14 - 8/28/84