Loading...
12-11-84 DECEMBER 11~ 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 7:05 P.M., Tuesday, December 11, 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 Reverend Tom Clayton, First Baptist 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 November 27, 1984 and Special Meeting of November 20, 1984, 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. 5.a.1. Mrs. Feldman, Pines of Delray East, advised that on the "S" curve on Homewood Boulevard the striping is very hard to see at night. There is a lot of traffic from Lowson and Linton Boulevards going north and from Atlantic Avenue going south. She suggested that consideration be given to putting reflectors on that "S" curve. 5.b.1. Mr. Weatherspoon asked for a status report on the list of proposed projects to be funded from the impact fund. The City Manager advised that this will be presented to Council at their first workshop meeting in January. 5.b.2. Mrs. Horenburger, the City's representative on the Palm Beach County-wide Beaches and Shores Council, reported on the proposed Interlocal Agreement. She believes that the City's interests are pro- tected and she needs to bring back Council's opinion at their next meeting in early January. The City Attorney advised that he has a concern over whether or not Council wants to enter into an agreement which requires them to submit all future projects to be done, seaward of the coastal construc- tion setback line, to an agency for approval. Although it may not have an effect on whether a project goes forward, it may be taken into con- sideration by the County in funding the project. That is a policy question and if Council wishes to participate in such an agreement, he suggests that the motion to enter into it be subject to them working out some details on language to protect the City's interests as much as possible. Mayor Campbell stated that if the City is not willing to participate with their neighbors in trying to solve a common problem, the County may be remiss is funding them in the future anyway. Mrs. Horenburger advised that, when she expressed that same concern, she was told that once the agreement is in place for the muni- cipalities, everyone would be participating and would have to submit those plans whether or not they signed into the agreement. Further, she advised that the tough question was who will be a part of the agreement. Some wanted to see all municipalities in the County represented; how- ever, they were able to see to it that the non-coastal communities were represented by the Municipal League as one voting member. Upon question by Mr. Weatherspoon, Mrs. Horenburger advised that the primary purpose of this agreement is to share information and, hopefully, cut down the cost of doing these beach projects. Mr. Bird stated he perceives the next step to be some sort of taxing district and he has a concern as to whether or not this would jeopardize their ability to get requisite funds to renourish their beach. This concern doesn't have to preclude their conceptual approval tonight. Mrs. Horenburger stated that a taxing district would have to go on the ballot to be imposed. This is just a first step to see if they can cooperate and have all the coastal areas benefit by it. Mr. Bird moved that Council authorize Council Member Horen- burger to inform the committee of their conceptual approval subject to legal technicalities to be worked out among staff attorneys, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Jackel stated that he does not like the idea of one vote per City and he wonders what they have to gain by this. He noted that the City's cost was about zero and he questions how it will be cheaper for the City this way. Also, he would like to re- serve the right to say no to a taxing district for the whole County. Mrs. Horenburger stated that they might have more to lose than gain by not entering into this. A number of people in the County are quite concerned and she, for one, feels it is important in the same way as the Water Management District. Eventually they might even see a tri-county effort at beach preservation. In response to Mr. Jackel's second question, Mr. Bird noted that one of the items was the immobilization fee to bring the equipment here, some $600,000. It doesn't cost anymore to mobilize that equipment and bring it here to do Delray Beach and Boynton Beach simultaneously. At this point the roll was called to the motion. 5.b.3. Mr. Bird recognized the incoming President of the Chamber of Commerce and thanked the Chamber for brightening up the City streets. He wished all a peaceful New Year and happy holiday. 5.b.4. Mr. Jackel requested that Item 10 be moved to be the first item on the Regular Agenda. 5.b.5. Mayor Campbell advised there is a need for an engineer on the Board of Construction Appeals and recommended the appointment of Mr. James Suddarth, engineer, who has expressed an interest to serve. Mr. Jackel moved to appoint Mr. Suddarth to the Board of Construction Appeals, 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. 5.b.6. Mayor Campbell stated that consideration needs to be given to the upgrading of the City's cemetery and he requested that staff come before Council at the first workshop in January with a report on the cemetery status and projected changes or solutions to the problems. The City Manager stated that before the next workshop there will be changes already instituted at the cemetery based on simple and practical management techniques. 5.c.1. The City Attorney advised that today Mr. House, the selected licensee for the golf course, finalized initialing all of the documents and they have worked out all of the final language on the agreement in accordance with Council's direction. Therefore, Mr. House will be beginning operation on January 1, 1985, before Council's next meeting, and Council will be provided with copies of the executed documents after they are signed by the Mayor tomorrow. - 2 - 12/11/84 Mayor Campbell asked if, in conjunction with that, there will be some anticipated unallocated operating funds. The City Manager replied yes, the funds that are there will be held in the enterprise fund as a security against the bonded indebtedness. The City Attorney added that they are not prohibited from using those funds for other things under that bond. In addition, there will be inventory sold which is expected to be in excess of $100,000. Upon question by Mayor Campbell regarding salaries, the City Manager stated that that will be dependent upon the negotiations with Mr. House relative to employees and how many will be retained, transferred within the City or laid off. Once they know that, they can estimate how much they will have to pay out in unemployment compensa- tion, etc. It will probably be the end of February before they will have those kinds of figures. Now, they can only project. Mayor Camp- bell stated he would like to know those figures in order to determine if it would be appropriate to reallocate some of those funds. 5.d.1. The City Manager advised that he received a memorandum from Mr. Pontek relative to the leak at McFarlane and Venetian and the Lift Station #17 status report. According to this report, the leak at Mac- Farlane and Venetian was not a sewer backup but a leak from a water line. Mr. Pontek and Mr. Blanton indicate in their report that there was no raw sewage emitted from Lift Station #17. This is not to say that there was not some storm water backup because there could have been; however, according to the engineers and inspector, there was no bypassing of the system. Mr. Clay Blanton, Russell & Axon, stated that this situation occurred over Thanksgiving weekend at which time Lift Station #17 was off line as they are renovating it. The sewer that goes into #17 was blocked off and they were using pumps to bypass the system. When they had the flood tides, they had about 1½ feet of water over the Lift Station itself. There was no discharge from the station; however, with the water that high, there may have been some out of some of the man- holes in the area. Upon question by Mr. Campbell, Mr. Blanton further stated that there is a stool sewer in that area that was backed up. There is also a sanitary sewer that comes down to Lift Station #17 which receives sewage from Highland Beach. Two of the lift stations in Highland Beach were under water so there was a tremendous amount of flow into that sewer. They went down and took bacteriological samples at the site of the standing water and the samples, which were taken two days after the storm floods, indicated that there was no problem with sewage at that time. Upon question by Mayor Campbell, Mr. Blanton stated that the situation could happen again; however, in the renovation of the lift station they are putting in water tight covers and provisions to keep the electrical equipment above ground so they get no inflow. Also, they've made provisions to be on 24 hour call and the contractor has installed a telephone in his and his superintendent's car. They've assembled an emergency bypass connection which can be hooked to the City's six inch sewage pump. Upon further question, he explained that Lift Station #17 is a very old lift station and the pumps there were about to fail which is why they are renovating it at this time. Upon question by Mr. Weatherspoon, Mr. Blanton advised that the problem occurred on the Saturday of Thanksgiving weekend; however, he was not aware of it until that Monday morning and that is why the samples were taken two days later. Mrs. Joseph Bell, 140 Venetian Drive, stated that the backup was not just rain water but sewage which smelled badly and she resents being called a liar. Their main concern is the fact that they could not reach anybody in authority. Upon question by Mayor Campbell, the City Manager advised that Council, the Police Department and himself will have a complete updated list of emergency numbers for every person in the chain of command. The normal emergency number is in the telephone directory and the police department can be contacted. He assures that this system will work. - 3 - 12/11/84 Mayor Campbell offered an apology to Mrs. Bell and her neighbors for any inconvenience and stated that, hopefully, this situ- ation will not happen again in the future. Mrs. Elizabeth Matthews, 1024 White Drive, asked if this system includes an emergency response to problems other than water and sewer. The City Manager replied, yes, it would be applicable to all City departments. 5.d.2. The City Manager reported that they have a series of bids to build a solid soundproof wall to separate the Council Chambers and the lobby for about $3,980; that would include the wall, new doors and new hardware. Mr. Bird moved for approval of the new wall with funds to come from the Contingency Account, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 3 to 2 vote. Before roll call the following discussion was had: Upon question by Mr. Jackel, the City Manager advised that the new wall will meet the Fire Code. Mayor Campbell stated that because they often have an overflow of people at their meetings, he would rather not see a solid wall but something with the ability to open up. Mr. Jim Johnson advised that that type of soundproof partition is usually quite expensive, about $100 a foot, and they would still need two sets of doors for exits. Mr. Weatherspoon suggested adding padding to the existing wall. Mrs. Horen- burger suggested they workshop this. Mr. Jackel felt that the staff should review this and come back to Council with a better suggestion. The City Manager advised that they have already given Council the best recommendation for the cheapest cost; however, if it is Council's de- sire, they will come up with another alternative. At this point the roll was called to the motion. 5.d.3. The City Manager stated that Council has been provided with a memorandum from the City's horticulturist with a series of recom- mendations regarding landscaping and irrigation concepts for Linton Boulevard. Council may wish to review them tonight or refer this to workshop. He outlined some of the alternatives and opinions. Some people at the Farm Bureau have recommended that they try the leaky pipe system on a test area and they are looking into doing the test across from Delray Mall on Federal Highway. He tends to agree with the City's horticulturist, Mrs. Davilla, that the best approach is the mist system. They can get an irrigation system design for roughly $600 and it is his recommendation to go ahead with that. Mr. Bird asked the City Manager to have Mrs. Davilla contact the developer involved with regard to the offer of mature trees, i.e. to see if any or all of the trees available will be usable. It was the consensus of Council to proceed with the irriga- tion design. 5.d.4. The City Manager reported that they are still working on the complaint regarding Marina Delray on Venetian Drive. They checked it in November and the decibel reading was all right; however, that will be rechecked. Mayor Campbell stated that if the decibel level is still satisfactory, they may need to review the acceptable decibel levels in the Code. 5.b.7. Mayor Campbell publicly thanked the Historical Society for providing the display of pictures on the walls of the City Hall lobby. 5.d.5. The City Manager thanked the Morikami Museum for donating the Christmas tree and handmade decorations for display in City Hall. - 4 - 12/11/84 6. Mr. Jackel moved for agenda approval with Item 10 being moved to be the first item on the regular agenda, renumbering Item 10 to be 19.a. and renumbering Item 19 to be 19.b., seconded by Mr. Weather- spoon. 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. PUBLIC HEARING 7. Ordinance No. 102-84 - Zoning Ordinance Amendment - Defini- tion of Setbacks. Ordinance No. 102-84, amending Chapter 30 "Zoning" of the Code of Ordinances to provide that setbacks may also be taken from the boundary lines of a building site joined by a Unity of Title, 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. 102-84: 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" (78) "SETBACK" TO PROVIDE THAT SETBACKS MAY ALSO BE TAKEN FROM THE BOUNDARY LINES OF A BUILDING SITE JOINED BY A UNITY OF TITLE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 102-84 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. 102-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 103-84 - Zoning Ordinance Amendment - Non-Con- forming Structures. Ordinance No. 103-84, amending Chapter 30 "Zoning" of the Code of Ordinances to clarify the application of non-conforming restrictions to the enlargement of any portion of a structure that extends above the maximum height, 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. 103-84: 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 30-24(D) "NON-CONFORMING STRUCTURES", BY AMENDING SUBSECTION (1) TO CLARIFY THE APPLICATION OF NON-CONFORMING RESTRICTIONS TO THE ENLARGEMENT OF ANdY PORTION OF A STRUCTURE THAT EXTENDS ABOVE THE MAXIMUM HEIGHT; 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. - 5 - 12/11/84 Mr. Bird advised that he has a substitute ordinance which states that enlargement of any portion of a structure that extends above the maximum height allowed by the zoning district in which the building is located shall be construed as increasing its non-conformity, and, therefore, not permitted under this section. It is his intention to vote no on the ordinance before them and ask that this ordinance be substituted in its place. That was the intent of Council when they asked that the ordinance be drafted and he believes it is still the intent. Upon question by Mayor Campbell, Mr. Bird clarified that the ordinance as listed on the agenda seems to mandate that you increase non-conformity. Their intention was to clearly state that an increase in non-conformity was undesirable. The City Attorney added that the ordinance Mr. Bird just read is the exact opposite of the one on the agenda. The consensus of Council was to vote down the current ordi- nance and take under consideration the proposed ordinance as read by Mr. Bi rd. Mr. Sidney Soloway, 1835 N.W. 13th Street, stated he was concerned that this was the opening wedge to do away with the 45' height limit and he is glad to see it is not. Mr. Max Hirsher, 1305 N.W. 29th Avenue, concurred with Mr. Soloway's comments, and stated that the way the ordinance read it would seem to allow skyscrapers. Upon question by Mr. Robert Stump, Mr. Bird explained that Council's intention was to draft an ordinance to preclude permitting every roof with something piercing it to be expanded. The ordinance before them does not do that; the substitute ordinance would. Mr. Stump commended Council for their course of action. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 103-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird -No; Mrs. Horenburger- No; Mr. Jackel - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 5 to 0 vote. The City Attorney advised that the ordinance will be back on the agenda for First Reading in the new form, probably on January 15, 1985. CONSENT AGENDA 9. Final Plat Approval - Southridqe Condominium. Council is to consider a request for final plat approval for Southridge Condominium, an approved 37-unit multiple family project, located at the northeast corner of Linton Boulevard and S.W. 8th Avenue, just west of the fire station. The Planning and Zoning Board approved this by a 4-0 vote subject to the original site plan condition that S.W. 8th Avenue between Linton Boulevard and Benjamin Avenue be brought up to City Engineering standards. 11. Delray Affair. Council is to consider approval and endorse- ment of the Delray Affair to be held April 12th, 13th and 14, 1985. Approval is recommended. 12. Rotary Mowers for Parks & Recreation Department and Cemetery Fund. Council is to consider: (a) award of a contract to the following low bidders for mowers, etc. Unit Vendor Item Price Total Hector Turf One weedeater $1,000 $1,000 " One sod cutter 1,845 1,845 " Two hedge trimmers 235 470 - 6 - 12/11/84 Unit Vendor Item Price Tota 1 Norman's Ten edgers 268 2,680 " Eight mowers 475 3,800 DeBra One riding mower 7,049 7,049 " One riding mower 6,995 6~995 Total $23,839 (b) award of a contract to One Stop Lawn and Turf, the second lowest bidder in the amount of $3,640 for a Yazoo riding mower for use at the cemetery to replace one that was stolen. Total funds in the amount of $27,479 are to come from the 1983/84 budget. Approval is recommended. 13. Vehicle for Police Department. Council is to consider award of a contract to Dan Burns Oldsmobile for one 1985 Delta 88 in the amount of $11,510. Funds are to come from the 1984/85 budget. Approval is recommended. 14. Vehicles for Police Department. Council is to consider award of a State contract to Peacock Dodge, Daytona Beach for 10 police package vehicles in the amount of $92,673.50 with funds to come from the 1984/85 budget. Approval is recommended. 15. Change Order - Water Treatment Plant Operational Improvements. Council is to consider approval of Change Order No. 1 from Intercounty Construction Corporation decreasing the original contract price by $847.00 for a total price of $108,853. Approval is recommended. 16. Frederick Boulevard Extension. Council is to consider award of a contract to the low bidder, Campanella Corporation for the Fred- erick Boulevard extension in the amount of $15,472.75. $12,000 is available in the 1984/85 budget and the balance can be allocated from the General Fund Unappropriated Fund Balance. Approval is recommended. 17. Conditional Permit Agreement - Lake Worth Drainage District. Council is to consider approving execution of a 99-year conditional permit agreement between the City and Lake Worth Drainage District for construction of one 20" watermain over E-4 Canal and payment by the City of $300. Approval is recommended. 18. Nuisance Abatement. Resolution No. 96-84, assessing costs for abating nuisances in accordance with Sections 13-12 and 13-13 on 11 parcels, is before Council for consideration. The caption of Resolution No. 96-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 96-84 is on file in the official Resolution Book) Mrs. Horenburger moved for approval of the Consent Agenda with Item 10 removed, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Weatherspoon asked if they have in- surance to cover the lawnmower which was stolen from the cemetery. Mr. Bird advised that they are self-insured. - 7 - 12/11/84 At this point the roll was called to the motion. REGULAR AGENDA 19.a. Site Plan Approval - Atlantic Plaza. Council is to consider a request for site plan approval for Atlantic Plaza, a proposed office and retail development containing 80,000 square feet located at the northeast corner of East Atlantic Avenue and N.E. 7th Avenue. The Planning & Zoning Board unanimously approved this subject to the fol- lowing conditions: (1) That City Council approve the connection from the Atlantic Plaza parking lot to the Adult Recreation Center parking lot; (2) That an in lieu of payment be made for the parking spaces that are not provided in accordance with Section 30-13(J) of the Zoning Code; (3) Engineering Division's memorandum of November 26, 1984; (4) Building Department's memorandum of November 26, 1984; (5) City Horticulturist's memorandum of November 21, 1984; (6) That the Fire Marshal's approval be obtained for the fire hydrant layout; (7) That all improvements be completed in accordance with the approved plans, except as modified by the above conditions; and, (8) That the time limitation of this approval be eighteen (18) months pursuant to Section 30-22(E) of the Zoning Code. Mr. Simon presented a rendering and gave a presentation. He described the property boundaries and the building, explaining that it is a four story building and covers approximately 23% of the land area. The first floor is for retail and three stories are for offices. It contains approximately 80,000 square feet, 39,000 of which are on the first floor. He advised further that they already have approval from the Utility, Traffic, Fire and Planning Departments and have been en- dorsed by the Chamber of Commerce, the DDA, the Atlantic Avenue Task Force and Merchants Association. Upon question by Mayor Campbell, Mr. Simon advised that they are on the agenda for tomorrow night's CAB meeting for preliminary review. Upon question by Mr. Jackel, he advised that there will be ample screening between the front parking area and the street. Further, that the building will have a stucco type surface and they have not decided on the exact color; they are thinking of sort of a buff, egg- shell with Spanish tile. Mr. Bird moved to approve the site plan requiring that the developer satisfy the various codes and ordinances with regard to park- ing, signage, etc., seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mrs. Horenburger expressed concern about the possible shared use of the parking in the City Park and the fact that they might see trampled bushes, etc. Mayor Campbell advised that the walk area will be open. At this point the roll was called to the motion. 19.b. ApDeal to Decision of the En~ineerin~ Department - Pelican Harbor Marina. Council is to consider the appeal of the Engineering Department's decision regarding the marina variance application for the Pelican Harbor Marina. The City Attorney pointed out that this is an appeal through Sec. 9-534 relative to standards dealing with docks, etc. It requires an appeal to be filed in writing 10 days after the decision by the Engineering Department. In this case, the decision was dated November 19, 1984 and their appeal letter was dated December 5, 1984; this ex- ceeds the 10 days and they have probably waived their right of appeal. - 8 - 12/11/84 Mr. Bird moved to accept the appeal, seconded by Mr. Weather- spoon. 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. Mr. Erling introduced Mr. Spina, architect. Mr. Spina made a presentation and presented renderings. They have modified their original request and the proposed design shows no setback to the east property boundary. In addition, the modification requests a variance of the standard 25' maximum extension of pier or dolphin pile from the canal right-of-way line. The proposed design reflects 27' pier length and 45' dolphin extension from the property line for type A slips, and 37' dolphin extension for type B slips. Mr. Church pointed out that they usually request 25' from the property line to be clear at each side. Mr. Spina noted that the property owner at the east end of the property has written a letter indicating no objection to the docks as proposed. Mr. Bird moved to grant the variance including the setback waiver, seconded by Mrs. Horenburger. Mr. Spina added that they would like to address the pumping station for pumping out boats. They are requesting a waiver from the sewage pumpout requirement. They are providing the water and sewer for the maintenance of the boats, but not for living on the boats. Mr. Bird amended his motion to include a waiver on the pump station, providing that the documents would reflect no living on the boat, seconded by Mrs. Horengburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mr. Jackel, Mr. Spina advised that this is for the benefit of the residents of Pelican Harbor. At this point the roll was called to the motion. 20. Appeal to Decision of Community Appearance Board - Business Products, Associates~ Inc. Council is to consider the appeal of the CAB decision regarding the sign to be located at Business Products Associ- ates, Inc., 321 North Congress Avenue, Bay No. 6. Mr. Steve Rubin, attorney for applicant, reported that the applicant has complied with all of the CAB requirements except one. The CAB wants the sign copy to read "Business Machines" or "Business Equip- ment'' as opposed to the applicant's desired language of "Copiers, Type- writers and Calculators". Mr. Jay Herman, Business Products Associates, gave a pres- entation. They contracted with a company in Delray Beach called Sign Graphics and Mr. Peter Santamaria of that company appeared before the CAB one month ago. Mr. Herman presented a sample of the original sign presentation which was 2%' by 14' and advised that they reduced it to 2' by 12' as requested by the CAB. The Board then objected to the content of the sign. Mr. Herman presented to Council a list of about 25 various types of office equipment, noting that the only products on that list which they sell and service are copiers, calculators and typewriters. Mrs. Alice Finst, CAB, stated that the first time this sign appeared before the Board, they felt it had a lot of elaborate copy on it and that it was not laid out well and they sent the applicant back to come up with another plan. The applicant said that he had to put the name diagonally across the sign. Once again, they felt it had elabora- tive copy in that the carpet store next door might want to put up "Rug Padding, Tack Strips, Room Supplies, etc." The main problem, however, was that the sign appeared cluttered and not in keeping with what she personally feels is the excellent style of that new building on Congress Avenue. - 9 - 12/11/84 Mr. Herman pointed out that the cost of this sign is $1600 and he would not spend that kind of money on a sign that isn't nice looking. The sign will be an asset to the community and will beautify the building it goes on. Mr. Bird asked if the CAB's concern was with what the words say or the fact that they made the sign cluttered. Mrs. Finst replied it was both; they gave the applicant the option to summarize the ser- vices he was giving. Mr. Peter Santamaria, Sign Graphics, stated that some busi- nesses such as "Beauty Supply" or "Meat Market" can have summarized signs which clearly indicate the service they provide; however, "busi- ness machines" is very vague in that it covers a lot of ground. That is the reason they would like to put in the three words "copiers, calcula- tors and typewriters". If they have to delete one word, they would be willing to delete "calculators". Mrs. Finst stated that the applicant is entitled to a cer- tain amount of advertising in his window, so he is not being told he cannot give information as to what he has inside. Their concern is with the row of signs on the building being neat and in conformity. Mrs. Horenburger moved to uphold the opinion of the Com- munity Appearance Board on this matter, seconded by Mr. Jackel. Mr. Weatherspoon felt that there was nothing wrong with the sign, that it is not out of line with regard to City Codes, and that they should allow it. Mr. Jackel disagreed and noted that the CAB voted unanimously against it. The City Attorney cautioned Council that based upon the concession made by the applicant to eliminate one of three words on the sign, something in the nature of "copiers and typewriters", and assuming that it is substantially the same area to be covered with the lettering on the sign as that lettering which the Board proposed, Council should note that they may be getting into an area they should not. Mrs. Horenburger pointed out that the motion on the floor is to uphold the CAB's opinion, which opinion addresses the sign which was presented to them tonight. The compromise that was suggested is some- thing she feels the applicant will need to take back to the CAB. Mayor Campbell added that if Council upholds the CAB decision, it should not preclude the applicant from going back before the CAB and making further changes or negotiations. The City Attorney advised that he sees no reason why an applicant who comes before Council on appeal cannot modify an applica- tion before Council votes; it would be binding. Mr. Bird made a substitute motion that the sign as presented with the elimination of the word "calculators" be approved, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Attorney advised that this is subject to the dimensions being the same. At this point the roll was called to the motion. 21. Ordinance No. 97-84 - Amending Code - Pensions~ Police and Firemen. Ordinance No. 97-84, amending Chapter 18 "Pensions and Retire- ment'' of the Code of Ordinances relative to disability retirement provi- sions, is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 15, 1985. The City Manager presented Ordinance No. 97-84: - 10 - 12/11/84 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RE- TIREMENT'', ARTICLE III, "PENSIONS FOR POLICE AND FIRE- MEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 18 -53(1), "MEDICAL BOARD", BY REPEALING SECTION 18-48(5), "DISABILITY", AND ENACTING A NEW SECTION 18-48 (5), "DISABILITY RETIREMENT PROVISIONS" TO PROVIDE FOR PROCEDURES, QUALIFICATIONS, AND ELIGIBILITY FOR DISABILITY PENSIONS FOR POLICE OFFI- CERS AND FIREFIGHTERS; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 97-84 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. 22. Ordinance No. 105-84 - Amendin~ Code - Pensions for General Employees. Ordinance No. 105-84, amending Chapter 18 "Pensions and Retirement" of the Code of Ordinances relative to eligibility, parti- cipation and service, is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 15, 1985. The City Manager presented Ordinance No. 105-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSION AND RETIRE- MENT'', 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", BY REPEALING SECTION 18-79, "ELIGIBILITY; PARTICIPATION" AND ENACTING A NEW SECTION 18-79, "ELIGI- BILITY; PARTICIPATION" WHICH DEFINES "EMPLOYEE"; SETS FORTH THE DATE OF PARTICIPATION FOR EACH EMPLOYEE IN THE PENSION PLAN; MAKES THE PLAN MANDATORY, BUT PROVIDES THAT CERTAIN EMPLOYEES SHALL HAVE AN OPTION OF WHETHER TO PARTICIPATE IN THE PLAN; PROVIDES THAT PARTICIPANTS MAY UNDER CERTAIN CIRCUMSTANCES BE ENTITLED TO DISABILITY BENEFITS AND THAT THE BENEFICIARIES OF CERTAIN PARTICI- PANTS MAY BE ENTITLED TO DEATH BENEFITS; THAT SECTION 18-80, "SERVICE", IS REPEALED AND A NEW SECTION 18-80, "SERVICE", IS ENACTED TO DEFINE "SERVICE" FOR PURPOSES OF BENEFIT CALCULATIONS AND TO PROVIDE THAT THE PERIOD OF SERVICE MAY BE MODIFIED BY THE PARTICIPANT'S BUYING BACK CERTAIN PERIODS OF UNEMPLOYMENT OR EXCLUSION FROM THE PLAN; BY AMENDING SECTION 18-82, "CREDITED SERVICE", TO DEFINE CREDITED SERVICE FOR PURPOSES OF CALCULATING NORMAL RETIREMENT DATE; TO DEFINE CREDITED SERVICE FOR PURPOSES OF BENEFIT CALCULATION; TO ALLOW FOR THE RE- PURCHASE OF PREVIOUS EMPLOYMENT PERIODS AS WELL AS ANY TIME PERIODS DURING WHICH AN EMPLOYEE OR FORMER EMPLOYEE WHO RETIRED FROM THE CITY DURING THE PAST YEAR WAS EX- CLUDED FROM THE PLAN; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 105-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mrs. Horenburger, the City Attorney advised that they adopted an amendment close to this some time ago; this one further clarifies some of the provisions. - 11 - 12/11/84 At this point the roll was called to the motion. 23. Ordinance No. 106-84 - Zoning Ordinance Amendment - Off-Street Parking Regulations. Ordinance No. 106-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to off-street parking is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 15, 1985. The City Manager presented Ordinance No. 106-84: 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 -18 "OFF-STREET PARKING REGULA- TIONS'' AND ENACTING A NEW SECTION 30-18 "OFF-STREET PARKING REGULATIONS" TO PROVIDE FOR (A) "INTENT AND PURPOSE"; (B) "GENERAL REQUIREMENTS" , INCLUDING ( 1 ) APPLICABILITY OF REQUIREMENTS, (2) SITE PLAN REQUIRE- MENTS, (3) OPERATION AND MAINTENANCE, (4) LOCATION OF OFF-STREET PARKING SPACES, (5) MULTIPLE USES, (6) COM- PACT, LONG-TERM, AND STANDARD PARKING; (C) "DESIGN AND LANDSCAPING" , INCLUDING (1) DRIVEWAYS, PARKING ACCESS, BACKOUT PARKING, DEAD-END PARKING, (2) PARKING SURFACES AND DRAINAGE, (3) MARKING, SIGNING, AND LIGHTING, (4) LANDSCAPING, (5) PARKING GEOMETRICS; (D) "PARKING RE- QUIREMENTS" , FOR ( 1 ) RESIDENTIAL, ( 2 ) COMMERCIAL, ( 3 ) INDUSTRIAL, ( 4 ) MISCELLANEOUS USES, ( 5 ) HANDICAPPED PARKING, (6) BICYCLE PARKING, (7) FRACTIONS, (8) USES NOT SPECIFICALLY MENTIONED; (E) "SPECIAL REGULATIONS", RELA- TIVE TO (1) AUTOMOBILE DEALERSHIPS, (2) GASOLINE STA- TIONS; (F) "ADMINISTRATIVE RELIEF", INCLUDING (1) AP- PROVAL FOR ADMINISTRATIVE RELIEF, (2) ITEMS FOR WHICH ADMINISTRATIVE RELIEF MAY BE APPROVED; PROVIDING A GEN- ERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 106-84 on First Reading, seconded by Mr. Bird. Mrs. Horenburger stated that an excel lent study has been done by the Planning & Zoning Board; however, she has some questions about the shared parking and feels that issue should be revisited by the Planning & Zoning Board. Mr. Bird concurred and added that the Planning & Zoning Board Chairman has suggested that Council return it to them for rereview, to take the information that was not available at the time this document was drafted. For the record, he feels they are heading in the right direction and this study or some modification of it needs to be implemented in Delray Beach. Mr. Bird made a substitute motion to remand Item 23., Ordi- nance No. 106-84 and Item 24, Ordinance No. 107-84, back to the Planning & Zoning Board, to ask them to rereview it and either reconfirm that they are comfortable with it or make whatever amendments they think are appropriate, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Jackel asked Mr. McDaniel, Planning Director, for his opinion. Mr. McDaniel agreed that the parking ordi- nance is moving in the right direction; the shared parking idea has merit. It attempts to address those situations where two different types of activities have different peak hours of demand for parking. The Montgomery County study shows that they have a different situation there than what we have here. Perhaps, the percentages need to be adjusted to reflect the situation in this community. They might also want to tighten it up in other directions. It is not clear right now whether it would apply to shopping centers or the central business district. Those are issues which need further exploration and the ordinance does need some adjustments. - 12 - 12/11/84 At this point the roll was called to the motion. Mayor Campbell commended Mr. McDaniel, who will be leaving the City, for a job well done and wished him luck in Tallahassee. 24. Ordinance No. 107-84 - Zoning Ordinance Amendment - Parkin~ Regulations for the CBD (Central Business District). See motion on Item #23. 25. Ordinance No. 108-84 - Amending Code Responsibility for City Marina Administration. Ordinance No. 108-84, amending Chapter 8 "Boats and Boating" of the Code of Ordinances relative to transferring the responsibility of the City Marina administration from the Finance De- partment to the Parks & Recreation Department, is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 15, 1985. The City Manager presented Ordinance No. 108-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "BOATS AND BOATING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "ANCHORING AND MOORING", DIVISION 2, "CITY MARINA" , SECTION 8-41, "ADMINISTRA- TION'' TO MAKE A TECHNICAL CORRECTION TO THE LANGUAGE SET FORTH THEREIN TO SHOW THAT THE RESPONSIBILITY OF THE CITY MARINA ADMINISTRATION HAS BEEN TRANSFERRED TO THE JURIS- DICTION OF THE PARKS AND RECREATION DEPARTMENT; 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. 108-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird noted that a citizen recently suggested that the City get out of the Marina business altogether. He asked the Administration to come back to Council with a report on the desirability and a mechanism by which they might accomplish that goal. Mayor Campbell noted that the Atlantic Avenue Task Force is considering the possibility of adding to the parking spaces in the downtown area to lure people who use the Intracoastal Waterway to park their boats and partake of services along the avenue. The City Manager stated that they need to discuss the Marina at a workshop because it needs serious con- sideration. At this point the roll was called to the motion. 26.... Discussion relative to land swap - Wastewater Treatment Plant. Mayor Campbell reported that he received a letter from Boynton Beach stating that they did not want to swap any land but rather buy the property, and that if Delray Beach could not afford it, they would loan us the money. The question is does the City want to undertake a pro- posal to purchase the property; if so, do they want to pay for it out of their funds or would they like to borrow from Boynton Beach. The consensus of Council was that they do not want to ac- quire any additional property for the Wastewater Treatment Plant. Mr. Bird noted that a couple of alternatives have been suggested to him and he would like to explore them with the help of the City Attorney's office. He doesn't have the information tonight but if Council would be willing to have a quick meeting during the holiday season, he would appreciate it. - 13 - 12/11/84 Mayor Campbell asked that a letter be prepared and sent to the City of Boynton Beach stating this City's position and thanking them for their offer. Further, to inform them we are looking into other options. Upon question by Mrs. Horenburger, Mayor Campbell advised that the City of Boynton feels there will be a need for additional property in the future for plant use and/or expansion; however, no one from Boynton has given them the basis for that. As a member of the Techncial Advisory Board at the plant, Mr. Bird stated that he asked that same question. Someone suggested they might want to do composting there. Some felt they might do land spreading there. %~at they have in Delray Beach is a situation where the citizens' input clearly limits the potential uses of that site. Mr. Bird further discussed their position adding that he is still of the opinion that they should enter into a land swap if one is available. It was the consensus of Council to have the City Manager prepare a letter of response to the City of Boynton Beach. Mayor Campbell stated that they will take this under further consideration at an appropriate meeting; perhaps a special meeting before their next regular meeting in Janauary if Mr. Bird has sufficient information for alternatives. 27. Status report - Ordinance No. 29-84 relative to handicapped access (City Attorney). The City Attorney reported that Ordinance No. 29-84, aka the Handicapped Access Ordinance, was adopted by City Council in April and May of 1984 on the condition that they receive an affirma- tive approval from the Attorney General's office as to its lawfulness. They have now received a formal opinion (Formal Opinion #84-102) from the AG's office dated December 3, 1984, and it is their position that a municipality is not authorized to adopt an ordinance increasing minimum door widths for interior doors in single family dwellings and duplexes. Essentially, the City's ordinance is not lawful in their opinion. The State has preempted local governments from enacting such an ordinance. As they did not get affirmative approval from the AG's office, the motion to adopt Ordinance No. 29-84 is not effective. Copies of this AG opinion have been provided to the County and neighboring communities. The County found it serious enough to reevaluate their position relative to their ordinance which is supposed to go into effect on January 1st. Mr. Inness stated that no other jurisdiction is panicking after receiving this. He understands there is a fear of being sued and stated that he has it on record that the builders in this county will not institute suit against the City; that they support this ordinance. He further stated that 553.79 of the 1981 State Building Code gives the City the power to amend the Building Code more stringently than the State. Council must consider that this is in the best interest of the City and he urges Council to adopt the ordinance. Mr. Jack Filish, Delray Beach Veterans Council, urged City Council to adopt Ordinance No. 29-84. Mr. Hannin, Palm Beach County Veterans Council, spoke in support of the adoption of Ordinance No. 29-84 and asked that they give it deep consideration. Mr. Jackel stated that as he recalls, they asked for the opinion of the AG, not the approval. According to the State Building Code 553.79-4 it says that "the State minimum building codes after the effective date of their adoption pursuant to the provisions of this part may be modified by local governments to require more stringent standards than those specified in the State minimum building codes". He stated there is the constant threat of a lawsuit and he agrees with Mr. Inness in that he does not think it will happen and that they should not be scared off by it. The Chairman of the County Commission wrote a letter to every Mayor in the County requesting that they approve this ordi- nance. Mr. Jackel read portions of that letter aloud. Until it is tested in a Court of law, he feels they should not be overly concerned with the AG's opinion. It did not deter the County, Boynton Beach and he does not think it will deter Boca Raton. He requests that Council consider adopting the ordinance tonight. - 14 - 12/11/84 For the sake of clarity, the City Attorney suggested that they give the ordinance a new number and consider it tonight on First Reading. The City Manager presented Ordinance No. 109-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- ''BUILDING CODE" OF THE CODE OF STRUCTION", ARTICLE II, , ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 9-1 7, "AMENDMENTS AND ADDITIONS TO CODE" TO , INCLUDE AMENDMENTS TO SECTION 508 OF THE STANDARD BUILD- ING CODE, BY ADDING A NEW SUBSECTION 508.1 "APPLICATION", TO REFER TO SUBSECTION 508.4(g) FOR APPLICATION OF SINGLE FAMILY UNITS AND DUPLEXES; BY ADDING A NEW SUBSECTION 508.4(g), TO ADD MINIMUM DOOR WIDTH REQUIREMENTS FOR D%~LLING UNITS INCLUDING SINGLE FAMILY UNITS AND DU- PLEXES, AND HOTELS AND MOTELS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 109-84 (formerly Ordinance No. 29-84) on First Reading, seconded by Mrs. Horen- burger. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 4 to 1 vote. Before roll call the following discussion was had: Upon question by Mrs. Horenburger, the City Attorney advised that if passed tonight, Second Reading will come up on January 15th at the earliest. The effective date would be ten days thereafter and any one who had not pulled their building permits by January 25th would have to comply. Since they have a crowded agenda for January 15th, Mrs. Horenburger requested that Second Reading be put on the January 29th agenda instead. Mayor Campbell stated that until a Court of Law overturns an AG opinion, it has the same efficacy as the opinion of a Court. Accord- ing to his training and history, they are obligated to abide by AG opinions. He does not feel they should disregard the probability of a lawsuit lightly; he feels it is a real probability. He feels there may be another way to accomplish this; "there is a determination by the local governing body of a need to strengthen the requirements of the State minimum building codes adopted .... ". This is something needed in our area much more than might be needed in an area with fewer elderly and disabled people. He feels they should look into adjusting the ordinance so that they might escape the illegal situation. Right now he will vote against it. He suggests that staff rewrite the ordinance in hope that they might do so without being under the purview of this AG opinion. Mr. Weatherspoon felt that this ordinance is unfair in that it pins the burden of widening doors on everyone else. He is not in favor of it as written. Mrs. Horenburger agreed with Mayor Campbell's comments and would like to see them review the Building Code. Mr. Jackel stated, if it's possible to rewrite the ordinance, he would concur. The City Attorney advised that this will require a different ordinance on First Reading. Regarding the provision referred to by Mayor Campbell, he has a better hope for lobbying the legislature than utilizing that Statutory provision. At this point the roll was called to the motion. Mayor Campbell asked that the City Attorney's office relook at this in light of the comments made this evening and report back to Council as soon as possible. - 15 - 12/11/84 Mayor Campbell declared the meeting adjourned at 9:45 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 December 11, 1984, which minutes were formally 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. - 16 - 12/11/84