Loading...
12-20-84SpMtg DECEMBER 20, 1984 A Special 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 4:05 P.M., Thursday, December 20, 1984. 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. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Considering whether the City wishes to undertake a remodeling of the existing Police facility or the consideration of a new facility (presentation by Digby Bridges); (2) Considering approval of agreement with Palm Beach County relative to the use of Catherine Strong Center by Community Action Council; (3) Considering Sign Code exemption for City facility identi- fication and directional signs; (4) Considering retroactive application of certain fire and life safety Code requirements; (5) Considering First Reading of Ordinance No. 110-84 establishing a separate Department of Planning; and, (6) Considering update of handicapped ordinance. 1. Mr. Digby Bridges, architect, made a presentation with regard to the police facility. They feel the gas station site opposite the Fire Station is the best site for such a building; they have the required parking, access, everything they need for the facility. The existing police station would be difficult to convert as the police could not operate out of it during conversion. They do not feel the Police Department could operate out of temporary trailers because of their communication needs; also this would be very, very costly. Mr. Mark Marsh, architect, presented two proposals: (A) the renovation and addition to the existing facility; and, (B) the new facility which would be sited on Atlantic Avenue. They have been work- ing with the City's consultant, Mr. Varner, and have used his guidelines as a basis to establish the sizes and locations of both proposals. Mr. Varner has reviewed the proposals and feels they have done an excellent job based on the time they were given. They have also received input from members of the Police Department. At this time Mr. Marsh gave a detailed description of Proposal A (existing site) and Proposal B (new site). Mr. David Pomfret, Cost Engineer, presented Council with a cost breakdown. He advised that Mr. Varner's square footage is somewhat less than what is shown here. He gave an outline of the various figures and how they arrived at them. He noted that there is a $700,000 cost difference between Proposals A and B; however, if they go with A they will not have a spare building. If they go with Proposal B, they will pay $700,000 more but will have the other building still standing, which is probably valued at $700,000 and which could be utilized or rented out. He feels this is an important point for Council to consider. Mr. Pomfret reiterated Mr. Bridges' concerns as to the difficulty and costs of relocating a police facility into temporary trailers. Mr. Bridges added that, in a planning sense, the new site for the police facility (Proposal B) on Atlantic Avenue could be the start of the upgrading of the entrance to Delray Beach. That is another point Council may want to consider. Mayor Campbell stated that they seem to be moving toward a determination for a possible bond issue in March 1985. Council con- curred. He added that they need to make some hard decisions with regard to the probable cost, plans and location. The City Attorney advised that they will need that information from those gentlemen by mid-January at the latest if they want a General Obligation Bond for a referendum on the March ballot. He will need to have the final resolution adopted and the bond format on the agenda to Jackie Winchester's office by the beginning of February to make the ballot. Upon question by Mayor Camp- bell, the City Attorney could not say, at this time, to what extent this would affect the taxpayer. At this time the architects answered questions from Council members with regard to design and layout of the new building. Discus- sion was had with regard to the pistol range; i.e., building a new one vs. updating the pistol range at the PBA building to meet certification requirements. Mr. Bird suggested that there are probably a couple of thousand feet that could be reduced without reducing the operational efficiency or the effectiveness of the department. He feels it is their obligation to do that in order to bring it down to as modest a price as possible for the sake of the taxpayers. Maybe they need to look at some alternatives, such as providing ventilation for the PBA pistol range as Opposed to building a new one. Mr. Bird expressed concern with regard to communications. Mr. Bridges advised that it is designed into the plans and is designed to handle all types of City dispatching as well as emergency dispatch- ing, such as a hurricane. Mr. Marsh advised that Mr. Varner will be making a presentation to them with regard to proposed communications. Mr. Bridges added that it can be broken down into more detail; this can be done within the three week period. Mr. Jackel stated that he would give final approval of Proposal B when Mr. Varner approves it. He too is concerned about costs and interest. Upon question by Mr. Jackel, Mr. Bird advised that for a twenty year amortization he came up with somewhere between .4 and .5 mills. Mayor Campbell commended the architects for an excellent job, but suggested it would be appropriate to try to trim the building down several thousand feet. Also, he would prefer a new facility as opposed to renovating the existing one. Council concurred. It was the consensus of Council to direct the architects to proceed to amend Proposal B and get back to Council as soon as possible. The City Manager advised that during the interim he will be meeting with Chief Kilgore because he (City Manager) has not yet re- viewed the plan or the layout. Upon the request of Mayor Campbell, Mr. Marsh outlined the locker room area in the proposed design. Mr. Bird noted that one of the easier places to trim is the free standing building which could go in later. Some investigation should be done by Chief Kilgore and his people with regard to upgrading the PBA pistol range. Further Council discussion was had regarding costs and land left open on the site. Mr. Bird moved to approve Proposal B in general format but that it be reduced after further consultation with Police staff, Mr. Varner and the City Manager, 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. Bird asked if the cost of demolishing the gas station is included in the list. Mr. Marsh advised that it is in there for $5,000; that includes pulling the tanks out. Mrs. Horen- burger asked if there is any possibility that gas station might be moved over to the rear of the Police Station on 1st Street. There has been some talk about turning the building itself into a recycling facility - 2 - 12/20/84 and she wonders if it might not cost just as much to move it as to demolish it. Mayor Campbell asked that they look into that. Mr. Bridges stated that he does not think it is a movable type structure. At this point the roll was called to the motion. 2. The City Attorney reported that Palm Beach County has re- quested to renew the agreement to lease the Catherine Strong Center for $1.00 a year for use by the Community Action Council. If Council ap- proves the agreement, they will use the current lease with three modi- fications: (1) they will seek enhanced insurance requirements; (2) some language changes in the hold harmless agreement; and, (3) for Palm Beach County to undertake some additional maintenance at the site, as opposed to the City doing it. Mr. Bird moved to approve an extension of the lease agree- ment with Palm Beach County relevant to the Catherine Strong Center subject to the modifications suggested by the City Attorney, 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. 3. The City Attorney reported that the specific request is to give the City Manager authority to approve of signs, located on City property, the rights-of-way adjacent to City property or the rights-of- way throughout town, which would identify City facilities such as the golf course. Further, to permit directional signs of that nature di- recting people to City facilities. The City Manager advised, for example, he has some very attractive warning signs with regard to work at the beach. They cannot afford not having those types of signs; therefore, they need this au- thority. Mr. Bird moved to instruct the City Attorney, effective as of today, to modify the Sign Ordinance to exempt City-owned facilities from the provisions of the Sign Code upon approval by the City Manager, and that that instruction should be effective immediately and will be ratified by the change to the ordinance, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horen- burger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 4. The City Attorney reported that a number of issues have arisen recently involving the life safety code which they recently adopted. One, there is some confusion about it. Secondly, they are in the process of enforcing some of the provisions in that code which apply to sprinkling of existing structures, commercial and residential. The question has arisen over whether or not Council really wants to do that and if they do, to what extent. There is a controversy right now which cannot wait until January; therefore, they need direction from Council tonight. If Council wishes them to change what they are doing, this would give them some time to draft and research it and bring it before Council in late January. Upon question by Mr. Jackel, Mayor Campbell explained that they are trying to bring existing buildings up to date with regard to the safety code. In so doing, several buildings have been cited for failure to conform to the current code. Council is to address that non-conformity and give direction to the City Attorney. Mr. Bird stated that when they do a zoning change, they do not make people tear down non-conforming structures. He thinks they would apply these provisions to existing structures under the same type of rules; i.e., if you expand more than 50% or if it is partially demol- ished, then you would have to meet all of the existing codes at that time in the reconstruction. It is a question of whether the retrofit benefit is proportionate to the cost; it does not seem to be. Upon question by Mr. Jackel, Mr. Bird explained that if you added 20%, that 20% would have to meet Code; however, you would not have to go back and retrofit the entire structure unless the renovation was in excess of 50%. - 3 - 12/20/84 Mr. Bird moved to direct the City Attorney to rescind the ordinance which adopted the 1978 Code, substituting in its place an ordinance enacting the 1978 Code effective as of the same date, but not making it applicable to buildings then in existence, providing however, that such buildings be forced to comply under terms similar to the ones for nonconforming use (50% increase in size, etc.) so that at some point in the future those buildings, if they were expanded substantially, would have to comply. Further, requiring that the inspections continue and that buildings be informed of their nonconformity with the Code so as to permit them the option, if they choose, to go ahead and comply for whatever additional safety that may provide them. For multi-owned facilities they should put in something in the nature of an affirmative action by a Condominium or Homeowners Association Board of Directors to affirmatively opt themselves out, 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. Mike Cato, Fire Marshall, stated that one of the items that began the retroactive issue was the smoke detector problem. The problem is not only a local ordinance. The 101 Life Safety Code is a State Statute and they are obligated to enforce State Statutes in their jurisdiction as well as local ordinances. The smoke detector requirements are within a State Statute. The second problem they came across was a Winn Dixie store which was not sprinkled and which was required to be sprinkled before they updated the Codes in 1978, even as an existing building. That wouldn't alleviate that prob- lem either because it is a State Statute. Mr. Bird explained that nothing in his motion is intended to override the State Statutes which is an administrative matter between the Fire Department and the City Attorney. Mr. Cato stated further that every one of the automobile dealerships that they've cited was built in violation of the Standard Building Codes, so they are not talking about retrofit there; they are in violation and always have been. Upon question by Mr. Bird, Mr. Cato stated that the Fire Department only started reviewing plans in 1972; most of these dealerships were upgraded or built just before then. The problem is that the Building Official was responsible to see that the sprinklers were installed. Mr. Bird suggested that Mr. Cato work that out with the City Attorney; it is not germaine to the motion on the floor which simply clarifies where you start applying the Code. Mr. Bird stated that eventually someone is going to bring the County Ordinance before them again. He wants staff to be aware that at that time he is going to want to know how many buildings in the City will be affected, what the cost will be and what the benefit will be from a fire standpoint, i.e., protection to our personnel, and a cost benefit analysis. At this point the roll was called to the motion. 5. Ordinance No. 110-84, establishing a separate Department of Planning, is before Council for consideration on First Reading. If passed, Public Hearing will be held at a Special Meeting on January 8, 1985. The City Manager recommended adoption of Ordinance No. 110-84. Based on his experience, he feels it is important that the Planning Department be established as a separate department reporting directly to the City Manager and that planning and management activities be closely related. The City Manager presented Ordinance No. 110-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-1.5, "MUNICIPAL DEPART- MENTS ENUMERATED", BY ADDING A NEW SUBSECTION (k) TO ESTABLISH A PLANNING DEPARTMENT AND RELETTERING OTHER SUBSECTIONS IN CONFORMITY THEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 4 - 12/20/84 The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 110-84 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 Mr. Weatherspoon, the City Manager explained that what they have now is a Planning Office which is a part of the Department of Development and Inspections. The Planning Officer is not accountable as a department head. With the adoption of this ordinance, this position would no longer be a Planning Officer but a Director of Planning accountable and reportable directly to the City Manager. Mr. Bird noted that many Planners would be reluc- tant to take the position if they were to be subordinate to some other department head; the City Manager concurred with that point. At this point the roll was called to the motion. 6. Mayor Campbell advised that at their last meeting the City Attorney reported on the Attorney General's opinion of their existing handicapped ordinance which was deemed by the AG to be unconstitutional or illegal. The City Attorney stated that they are in the process of reviewing and researching the AG's opinion with the assistance of the Florida League of Cities and have requested that the local delegation place this item on their hearing of the 14th. They have looked at whether or not they can utilize some of the provisions in Part 5 of Chapter 553 to see if another methodology could be utilized in that section based on the exemption. They are trying to get those declara- tions placed into a new form of ordinance, by citing different sections of the Statutes as being the basis for making their decision. Upon question by Mayor Campbell, the City Attorney advised that the new ordinance is in draft form only and has not been circu- lated. Mayor Campbell suggested that they consider the proposed changed ordinance on First Reading as soon as possible or that they go back and consider on First Reading the same ordinance which the AG has said is illegal. The third alternative is to forget the whole thing. Mr. Bird suggested that there is a fourth alternative; maybe the ordinance, as drafted, is not the best it could be. To pass an ordinance, requiring that all doorway openings be 30 inches clear in one-story homes up off the ground, such as those being built off Mili- tary Trail, seems to him to be flawed. Whether or not they can improve upon the ordinance may be a basis for consideration. He would have to vote no to a minor cosmetic change to the ordinance. Mrs. Horenburger stated that while she supports the concept of the ordinance, she is not sure this one addresses the real problems of handicapped people. She would like to see the Planning & Zoning Board review the entire matter of all Codes regarding entry, etc. Mrs. Horenburger moved that Council ask the Planning and Zoning Board to review the Codes with regard to handicapped accessibil- ity, seconded by Mr. Bird. Mr. Weatherspoon stated he does not want to see any more work done on the ordinance in its current format; however, he favors the concept. Mr. Jackel stated that within the next year the State is going to change the ordinance to be very similar to the County's ordi- nance. He referred to a column in the Miami Herald of December 9th regarding the action of Boca Raton; their City Attorney gave little regard to the AG opinion in this particular case. He also read the following lines from an editorial in today's Sun Sentinel: "People in wheelchairs often are denied privileges that the able bodied take for granted, such as finding room to get through a door inside a friend's house. Any legal barrier that prevents the wheelchair handicapped from - 5 - 12/20/84 moving around, thus diminishing their enjoyment of life, deserves to be promptly torn down". Mr. Jackel stated that it looks like Delray Beach will be the last City in the State to adopt this ordinance. He is not saying it is the perfect ordinance; however, the County, Boynton Beach and Boca Raton have passed it and he was hoping Delray Beach would too. He feels the motion on the floor is just another delaying tactic. Mr. Jackel stated that he was going to suggest that the City Attorney and Mayor get together and reword the old ordinance so that it will be more acceptable to the Attorney General and in a Court of law if they had to defend it and then bring it back to Council on January 15th for First Reading. Mayor Campbell stated that he would not be in favor of the motion on the floor because the Planning & Zoning Board cannot tell him anything he doesn't already know. He is ready to see this implemented immediately and would be wholeheartedly in favor of it with the amended language. Further, he feels Council needs to review other areas of their Code to address problems with regard to the handicapped. He would .rge Council to vote against the motion on the floor. ' Mrs. Horenburger withdrew her motion and Mr. Bird his sec- ond. Mrs. Horenburger suggested that problems, beyond this ordinance, relative to handicapped access into dwellings in this community be ~ddressed by the Planning & Zoning Board. The City Attorney advised that if Council wishes to require minimum door widths in single family homes and duplexes which are other- wise accessible on that floor, he can write the ordinance factually different. For example, a two story townhome with no elevator would not be required to have larger doors on the upper floor, but they would be required on the ground floor. Mr. Jackel noted that what the City Attorney has suggested is in line with the County ordinance in that it applies to the first floor only and to new construction. Mr. Jackel moved to prepare a handicapped ordinance whose substance is the same as the County Ordinance; he would like to see the City Attorney work together with the Mayor to reword that ordinance, the substance being the same, but to add some phrases which will be more acceptable to the Attorney General and any Court of Law, so in the event we are sued we can defend it; the ordinance to be effective April 15, 1985, with the First Reading on January 15th; also, that a letter or instruction go to the Planning and Zoning Board to begin consideration of handicapped access, in general, at their next regular meeting or workshop, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call, the following discussion was had: Mr. Weatherspoon stated he still has a problem with the ordinance in that it forces the citizens to make their doors wider and he feels they should have that option. Mr. Bird stated that he believes Boca Raton did not totally disregard the AG opinion but said something about trying to get the State law changed when the legislature goes into session. Mr. Jackel read a portion of a newspaper editorial as follows: "Smith's opinion is not a law but it can have a severe chilling upon the willing- ness of local governments to adopt such necessary ordinances or on the ability of those governments to sustain those ordinances against legal ~hallenges". At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 6:05 P.M. ATTEST: MAYOR - 6 - 12/20/84 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 20, 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. - 7 - 12/20/84