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04-27-82 APRIL 27, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:05 P.M., Tuesday, April 27, 1982. Mayor Young acknowledged and introduced the honor students from Atlantic High School who participated in the "Youth In Government Day" activities of April 27, 1982. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Rabbi Samuel Silver of Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Blair moved for approval of the minutes of the regular meeting of April 13, 1982, seconded by Mr. Jackel. Said motion passed unanimously. 5.a.1. Mr. John Donovan, 1515 Gallinule Drive, advised Council that he has been asked by the Homeowners Association and the citizens of Bass Creek to address them tonight concerning the conditions on the Dunlin and Hungerford Canals. A petition has been submitted and they are requesting that action be taken to abate the nuisances caused by these canals. Mr. David Posey, Vice-President of the Homeowners Associ- ation, commented on the concern of the homeowners regarding their prop- erty values. Mr. James Dea.r_~ presented some photographs of the conditions of the canals and spoke regarding the infestation caused by the aquatic overgrowth. He feels that it is dangerous for both children and pets in the area due to the alligators and snakes which can no longer be seen because of this growth. They are requesting that Council consider making the maintenance and cleaning of these canals a budgeted item and to do it as soon as possible before something serious happens. Mayor Young requested that this item be put on the next workshop agenda. 5.a.2. Mr. Tom McMurrian, on behalf of himself and Paulette Burke, thanked the Council and the City for the support given to them during the Delray Affair. 5.a.3. Mrs. Alice Finst, 707 Place Tavant, requested that item 26 be removed from the consent agenda. 5.a.4. Mr. Leo Fox, 102 S. Swinton Circle, expressed the concern of the residents on S. Swinton Circle regarding the storms which have caused considerable flooding in this area, and requested some assurance from Council that this situation is not going to repeat itself. He stated that they were informed that monies have been alloted for elimi- nating the drainage problem and they are before Council to inquire when they can expect to see something tangible done. The City has been aware of this problem since 1973, and he implores Council to take whatever steps are necessary to solve it. Mayor Young stated that the residents of Swinton Circle have the sympathy of the entire Council and they are aware of the problem in that area. The Engineering Department has followed it through and he has asked that Mr. Gerald Church, City Engineer, give a status report. Mr. Church stated that he has spoken with the County and the latest update is that they expect to receive bids for this project on May 18th. This means that they should be able to award a contract within a month and have the work started in July. Mayor Young stated that what concerns him is that Florida will soon be into the wet season and he asked that Mr. Church expedite this matter in every possible way. Upon question by a member of the public, Mr. Church advised that the Fire Department has a water pump that they will attempt to use to relieve the flooding during the interim period. Mr. Ray Ricker, 13 Swinton Circle, stated that the length of time the water takes to drain away indicates that there is a definite problem with the drainage. He stated that the residents of the area were constantly informed that the money for this project had been budg- eted. He does not feel that it is moving fast enough and asked that Council declare an emergency, do away with the regular bidding process and get the work started as soon as possible. He asked that Mayor Young accompany him to the West Palm Beach Commission meeting to see if they can also expedite this matter with the County. Mayor Young stated that they cannot cut down the limit of the adjudication of the letting of the contracts; however, Council, with the assistance of Mr. Church, will take every action possible to alle- viate the problem. Mrs. Jean James, 10 Swinton Circle, stated that they had never experienced any problem with flooding until the City came and raised Swinton Avenue and surrounding areas. She asked how the City plans to eliminate the water from Swinton Circle. Mr. Church explained what the designed project consists of and how the drainage pipes will work. He stated that he is prepared and has some detailed plans in his office for anyone interested in seeing them. Mr. David Gottschall, 103 N.E. 18th Street, advised that they also have a problem with water in his area. The City Engineer and the concerned citizens left the meet- ing to view the plans in his office. Mayor Young declared a recess, the time being 7:35 P.M. The meeting reconvened at 7:40 P.M. 5.b.1. Mayor Young advised that it has been requested that item 33 be removed from the regular agenda and put on a workshop agenda. 5.b.2. Mr. Blair advised that due to the weather conditions at last Saturday's Arbor Day Celebration, the Parks and Recreation Department and the Beautification Committee are planning to have another Arbor Day Celebration this Saturday, 9:00 A.M. at the Adult Recreation Center. 5.b.3. Mr. Perry inquired as to the status of the electrical work to be done at the Marina. The City Manager replied that, since Mr. Church is not available to respond he would direct a memo to Mr. Perry with the answers. 5.b.4. Mayor Young presented and read a proclamation proclaiming the month of May, 1982 as "American Businesswomen's Association Scholar- ship Month". 5.b.5. Mayor Young presented and read a proclamation proclaiming the month of May, 1982 as "Senior Citizens' Month". - 2 - 4/27/82 5.c. There were no Non-Agenda items by the City Attorney. 5.d.1. The City Manager advised that Council has been furnished with an addendum and requested that it be added to the regular agenda. 5.d.2. The City Manager advised that the position of Assistant City Manager has been filled by Ms. Bonita Gooch who is currently assistant to the City Manager in Riviera Beach. She will be reporting for work around the first of June. 6. Mr. Blair moved to approve the agenda, with the exception of item 33 which will be put on the next workshop agenda, seconded by Mr. Perry. Before roll call Mr. Bird suggested that items Al, A2 and A3 be added to the regular agenda and that item 26 be removed from the consent agenda and added to the regular agenda. Mr. Blair moved to approve the agenda as amended, seconded by Mr. Perry. Said motion passed unanimously. PUBLIC HEARINGS 7. Resolution No. 44-82 - Exchange of Real Property. Resolu- tion No. 44-82, is before Council for consideration. This resolution authorizes the exchange of real property owned by the City with Namil Corporation (Homewood Boulevard and Atlantic Avenue). Prior to consid- eration of passage of this resolution, a public hearing has been sched- uled to be held at this time. The City Manager presented Resolution No. 44-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING PURSUANT TO THE CHARTER OF THE CITY OF DELRAY BEACH THE EXCHANGE OF REAL PROPERTY OWNED BY THE CITY OF DELRAY BEACH LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 44-82 is on file in the official Resolution Book) 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 Resolution No. 44-82, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 25-82 - Dumas Annexation. Ordinance No. 15-82, relative to annexing a parcel of land located at the north-west corner of N.W. 9th Street and N.W. 6th Avenue, if extended north, sub- ject to R-1AA, 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. 25-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNI- CIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 25-82 is on file in the official Ordinance Book) - 3 - 4/27/82 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. Blair moved for adoption of Ordinance No. 25-82 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 26-82 - Amend Code - Garbage and Trash. Ordinance No. 26-82, amending Chapter 12 "Garbage and Trash" extending the exemption from City garbage service for High Point and Country Manors until December 31, 1983, 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. 26-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-3, "GARBAGE AND TRASH COLLECTION RESERVED EXCLUSIVELY IN THE CITY; EXCEPTION IN CERTAIN AREAS", TO EXTEND THE EXEMPTION FROM CITY GARBAGE AND TRASH COLLECTION GRANTED TO HIGH POINT CONDOMINIUMS SECTIONS 1 THROUGH 7, INCLUSIVE, AND COUNTRY MANORS CONDOMINIUM SECTIONS 1 THROUGH 8, UNTIL DECEMBER 31, 1983; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 26-82 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 adoption of Ordinance No. 26-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 35-82 - Amend Code - Garbage and Trash. Ordinance No. 35-82, amending Chapter 12 "Garbage and Trash" relative to providing for an exception, under certain conditions, from required City collection for compactor and roll off container service, is before Council for consideration on Second and FINAL Reading. Prior to consid- eration 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. 35-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-3, "GARBAGE AND TRASH COLLECTION RESERVED EXCLUSIVELY IN THE CITY, EXCEPTION IN CERTAIN AREAS", TO RELETTER AND RE- TITLE SAID SECTION, AND TO ADD A NEW SUBSECTION (b) TO PROVIDE FOR AN EXCEPTION UNDER CERTAIN CONDITIONS AND UPON WRITTEN APPROVAL OF THE CITY MANAGER, FROM REQUIRED CITY COLLECTION, REMOVAL AND DISPOSITION OF GARBAGE AND TRASH W~ERE SUCH GARBAGE AND TRASH IS TO BE PLACED IN STATIONARY COMPACTOR UNITS AND COMPACTOR CONTAINERS AND OTHER LIKE CONSTRUCTION/BULK CONTAINERS; PROVIDING FOR LIMITATION AND EXPIRATION OF SUCH EXCEPTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 4 - 4/27/82 (Copy of Ordinance No. 35-82 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. Perry moved for adoption of Ordinance No. 35-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 27-82 - Rezoning, Conditional Use, Site and Development Plan Approval - Congress Park. Ordinance No. 27-82, rezoning and placing a 30.59 acre parcel of land which is presently zoned R-1AA, in part, and RM-15, in part, in SAD, 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. 27-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENT- LY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 30.59 ACRE PARCEL OF LAND LOCATED SOUTH OF ATLANTIC AVENUE, BETWEEN CONGRESS AVENUE AND THE E-4 CANAL, SAID LAND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLOR- IDA, 1977". 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. Perry moved for adoption of Ordinance No. 27-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 29-82 - Zonin~ Ordinance Amendment - Special Setback Provisions. Ordinance No. 29-82, relative to correcting conflicting requirements for building setbacks along West Atlantic Avenue, between Swinton Avenue and the 1-95 Interchange, is before Council for consideration on Second and FINAL Reading. Prior to consid- eration 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. 29-82: 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 30-16(F) "SPECIAL SETBACK PROVISIONS", BY SUBSTITUTING "I-95 INTERCHANGE" FOR "CITY LIMITS" TO CORRECT CONFLICTING REQUIREMENTS FOR BUILDING SETBACKS ALONG WEST ATLANTIC AVENUE, BETWEEN SWINTON AVENUE AND THE 1-95 INTERCHANGE; PROVIDING A SAVING CLAUSE; PROVI- DING AN EFFECTIVE DATE. (Copy of Ordinance No. 29-82 is on file in the official Ordinance Book) - 5 - 4/27/82 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. Blair moved for adoption of Ordinance No. 29-82 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 13. Ordinance No. 30-82 - Zoning Ordinance Amendment - Parking Requirements for Restaurants, Etc. Ordinance No. 30-82, relative to clarifying the requirement for providing parking spaces for any outside area used as an extension of a restaurant, cafe, snack shop, night club, bar and lounge, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 30-82: 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 30-18(F)(5)(cc), "OFF-STREET PARKING REGULATIONS", TO CLARIFY THE REQUIREMENT OF PROVIDING PARKING SPACES FOR ANY OUTSIDE AREA USED AS AN EXTENSION OF THE USE OF A RESTAURANT, CAFE, SNACK SHOP, NIGHT CLUB, BAR, AND LOUNGE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 30-82 is on file in the official Resolution 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. Upon question by Mrs. Marie Horenbur~er, the City Attorney advised that this ordinance is adding a phrase to Section 30-18(F) (5)(cc) of the zoning code which sets forth the off-street parking requirement throughout the City. It amends that section which deals with the parking requirements for restaurants, cafes, snack shops, night clubs, bars and lounges, to clarify that any outside area used as an extension, requires the installation or addition of the 12 per 1,000 square feet parking space requirement. The public hearing was closed. The City Attorney advised that he has had a request from two members of the public to make the effective date immediately upon pas- sage of this ordinance, instead of the stated ten day effective date. Mr. Perry stated he feels that if people wish to change an ordinance and are embarrassed to let themselves be known, then their request should not be considered. Mr. Perry moved for adoption of Ordinance No. 30-82 as drafted on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 14. Ordinance No. 31-82 - Zoning Ordinance Amendment - Gasoline Stations (Curb Cuts). Ordinance No. 31-82, relative to increasing the allowable curb cut width from 24 feet to 36 feet to allow for better traffic circulation in and out of the facility, 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. - 6 - 4/27/82 The City Manager presented Ordinance No. 31-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-17(O)(13), "GASOLINE STATIONS", TO INCREASE THE ALLOWABLE CURB CUT WIDTH FROM TWENTY-FOUR (24) FEET TO THIRTY-FIVE (35) FEET; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 31-82 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 adoption of Ordinance No. 31-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 15. Ordinance No. 32-82 - Zoning Amendment - Supplementary Regulations (Minimum Spacing between Buildings). Ordinance No. 32-82, relative to limiting the minumum spacing between buildings requirement to residential buildings only, 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 sche- duled to be held at this time. The City Manager presented Ordinance No. 32-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-17(Q), "SUPPLEMENTARY REGULATIONS", TO LIMIT THE MINIMUM SPACING BETWEEN BUILDINGS REQUIRE- MENT TO RESIDENTIAL BUILDINGS ONLY, AND TO CLARIFY THE DEFINITION OF HEIGHT TO READ THE SAME AS THAT STATED IN SECTION 30-1(12) "DEFINITIONS"; PROVIDING A SAVING CLA- USE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 32-82 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. Mr. Harold Brown, 810 High Point Drive West, questioned what the minimum requirements are now and what they are going to be; whether they are going to be greater or less than in the past. The City Attorney replied that it does not affect the building height, but it does require that the limitation is the same as in residential buildings; it permits a larger space between buildings. The public hearing was closed. Mr. Perry moved for adoption of Ordinance No. 32-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 16. Ordinance No. 33-82 - Zoninq Ordinance Amendment - Off Street Parking Regulations (Reduction in Number of Spaces). Ordinance No. 33-82, relative to reducing the number of required parking spaces for office and industrial uses to allow for an increase in the amount of pervious area within these types of developments, 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. - 7 - 4/27/82 The City Manager presented Ordinance No. 33-82: 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 30-18, "OFF-STREET PARKING REGULATIONS", BY ADDING A NEW SUBPARAGRAPH (G) "REDUCTION IN THE NUMBER OF REQUIRED OFF-STREET PARKING SPACES FOR OFFICE AND INDUSTRIAL USES"; TO ALLOW FOR AN INCREASE IN THE AMOUNT OF PERVIOUS AREA WITHIN THESE TYPES OF DEVELOPMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 33-82 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 presented a revised ordinance which amends para- graph (G)(1) to allow the 20% pervious area, with approval by the Chief Building Official, at the time of construction, to be placed in stabi- lized base material and provide for temporary parking. This provides a certainty that the parking is there, even though the owner of the build- ing may have up to six months before he would be required by the Chief Building Inspector to put in additonal parking. Mr. Bird moved for adoption of Ordinance No. 33-82, as amended, on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 17. Ordinance No. 34-82 - Amend Code - SAD (Special Activities District). Ordinance No. 34-82, amending Chapter 9 "Buildings and Construction" relative to revising the sign requirements for develop- ments zoned SAD, 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. 34-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-211(E), "SIGNS PERMITTED AND REGULATED", BY ADDING A NEW SUBSECTION (1) AND RENUM- BERING THE FOLLOWING SUBSECTIONS TO ESTABLISH A CRITERIA FOR SIGNS THAT MAY BE APPROVED WITHIN A SPECIAL ACTI- VITIES DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 34-82 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. Blair moved for adoption of Ordinance No. 34-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 8 - 4/27/82 CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 18. Concession Building at Miller Park. Council should consider approval of Change Order No. 3 increasing the contract price by $4,476.40 for a total of $53,354.40 with funds to come from the Florida Power and Light Excess Reserve. The change order involves installation of a sanitary sewer. Approval is recommended. 19. Request for City Water and Sewer Service -- Breezy Acres. Council is to authorize that (1) sewage from the proposed building be accepted by the City for treatment at the Regional Plant and (2) that water service be denied since the property is outside the City's Reserve Annexation Area. Approval is recommended. 20. Recreational Funding Proposal. Council is to consider accepting the proposed study by the Public Administration Service in the amount of $17,320. Approval is recommended. 21. Western Boundary Line for the Providing of City Water Ser- vice. Council is to consider establishing the center line of Military Trail as the western boundary line for the providing of City water service. Approval is recommended. 22. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 41-82, accepting sanitary sewers and water utilities as operational as recorded in the plat of Pelican Harbor, Phases 1, 2 and 3, is before Council for consideration. Approval is recommended. The caption of Resolution No. 41-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PELICAN HARBOR, PHASES 1, 2 AND 3, AS RECORDED IN PLAT BOOK 36, PAGES 113 & 114; PLAT BOOK 37, PAGES 32 & 33, AND PLAT BOOK 37, PAGES 34 & 35, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTE- NANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 41-82 is on file in the official Resolution Book) 23. Water Utilities Acceptance. Resolution No. 42-82, accepting water utilities as operational as recorded in the plat of The Gardens at Centre Delray, is before Council for consideration. Approval is recom- mended. The caption of Resolution No. 42-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING WATER UTILITIES INSTALLED IN THE GARDENS AT CENTRE DELRAY, AS RECORDED IN PLAT BOOK 43, PAGE 49 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: FROM THE NORTHWEST CORNER OF THE PROPERTY WEST ACROSS CONGRESS AVENUE TO THE EXISTING WATER MAIN, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES, AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 42-82 is on file in the official Resolution Book) - 9 - 4/27/82 24. Funding for FY 1980-81 Beach Restoration and Preservation. Resolution No. 43-82, requesting that the State of Florida disburse Erosion Control Trust Funds in the amount of $14,861.47 to the City for sand search, vegetation, beach and reef monitoring project, is before Council for consideration. Approval is recommended. The caption of Resolution No. 43-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE FISCAL YEAR 1980/81 SAND SEARCH, VEGETATION, BEACH AND REEF MONITOR- ING PROJECT. (Copy of Resolution No. 43-82 is on file in the official Resolution Book) 25. Dual Taxation Resolution No. 45-82, requesting that Palm Beach County escrow certain funds which would alleviate dual taxation, is before Council for consideration. Approval is recommended. The caption of Resolution No. 45-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY GIVE LIKE TREATMENT TO THE CITY OF DELRAY BEACH BY ESCROWING SUFFICIENT FUNDS TO ALLEVIATE ALLEGED DOUBLE TAXATION OF THE CITIZENS OF THE CITY OF DELRAY BEACH; PROVIDING FOR FURNISHING OF COPIES OF THIS RESOLUTION. (Copy of Resolution No. 45-82 is on file in the official Resolution Book) 27. City Purchase of Harris Property. Council is to consider purchasing from Mrs. Elizabeth Harris a 16.4 acre parcel adjoining the Delray Beach Country Club. Denial is recommended. Mr. Bird moved for approval of the Consent Agenda, with the exception of item 26, seconded by Mr. Jackel. Said motion passed unani- mously. REGULAR AGENDA 26. Site and Development Plan Approval - Le Village De Provence. Council is to consider approving the site and development plan for Le Village De Provence, located at the southwest corner of High Point Boulevard North and the L-32 Canal. This was approved by the Planning and Zoning Board by a 5 to 1 vote (Wallin dissenting). Mr. Bird stated that at the time of workshop for this parti- cular item there was concern about the bridge over the L-32 Canal as to its construction. It was agreed that it should be open framework and not provide any impediment; also that the fill at the berm should be retained so as to provide some screening. He requested that these additions be included in the motion. Mr. Bird moved to approve the site and development plan, with the additions if not already a part of the record, seconded by Mr. Blair. Said motion passed unanimously. 28. Medical Director for Paramedic Program. Council is to consider authorizing execution of a contractual agreement with Dr. John Gill as Medical Director for the City's Paramedic Program at an annual salary of $10,000. Approval is recommended. Mr. Blair moved for authorization, seconded by Mr. Jackel. Said motion passed unanimously. 29. Appointment - Community Appearance Board. Council is to consider the appointment of one alternate member of the Community Appear- ance Board to a term ending August 25, 1983. The Chairman of the Com- munity Appearance Board has submitted the name of James M. Towery. - 10 - 4/27/82 Mr. Bird moved to appoint James M. Towery as an alternate member, seconded by Mr. Blair. Said motion passed unanimously. 30. Appointments - Internal Audit Committee. Council is to c6hsider the appointments of five regular members and two alternate members. Of the initial regular member appointments, three shall serve for one year and two shall serve for two years. The alternate members appointed initially shall serve for two years; thereafter, members shall be appointed for two year terms. Mayor Young suggested that they appoint only the regular members tonight. Mr. Jackel submitted the following names for appointment to the Internal Audit Committee: William Nix, Charles Soelch, John Tranter, Fred Blaser, Kenneth Davidson and Nelson Reeves. Mr. Blair recommended that Fred Blaser, William Nix and John Tranter be appointed for one year terms and that Charles Soelch and Nelson Reeves be appointed for two year terms. Mr. Perry moved for the appointment of the five members as submitted with the yearly terms as indicated, seconded by Mr. Jackel. Said motion passed unanimously. Mr. Bird suggested that one of the two-year members be named by the Council as the organizing chairman. The Committee should sche- dule its first meeting as soon as possible and appoint their own chair- man at that time. Mr. Bird moved that Nelson Reeves be the organizing chair- man, seconded by Mr. Blair. Said motion passed unanimously. 31. Ordinance No. 36-82 - Amend Code - Public Nuisance. Ordi- nance No. 36-82, amending Chapter 13 "Health and Sanitation" relative to declaring a public nuisance, is before Council for consideration on First Reading. This ordinance reestablishes regulations prohibiting interference with street lights, sidewalks and other public improve- ments. The City Manager presented Ordinance No. 36-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANI- TATION'', SECTION 13-13, "WEEDS, TRASH, CERTAIN VEGE- TATION, ETC. DECLARED A PUBLIC NUISANCE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUBPARAGRAPH (c), PROHIBITING AND DECLARING ANY KIND OF VEGETATION THAT INTERFERES WITH THE USE OF STREETLIGHTS, SIDEWALKS, OR OTHER PUBLIC IMPROVEMENTS TO BE A PUBLIC NUISANCE; PROVIDING A SAVING CLAUSE; PROVI- DING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 36-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 32. Rezoning, Conditional Use, Site and Development Plan Approv- al -- South County Drug Abuse Foundation. Council is to consider re- zoning a 0.67 acre parcel of land from R-lA (Single Family Dwelling) District to SAD (Special Activities) District, and conditional use and site and development plan approval to allow an Adolescent Residential Facility, as approved by the Planning & Zoning Board with a 4 to 1 vote (Christensen dissenting). The City Attorney explained that this is on the agenda for a motion on behalf of the Council to instruct the City Attorney's Office to prepare an ordinance. Since it is an SAD zoning request it has to be in ordinance form for first reading. - 11 - 4/27/82 Mr. Bird moved to instruct the City Attorney's office to prepare the ordinance, seconded by Mr. Blair. Said motion passed unani- mously. 34. Site and Development Plan Approval Extension - 222 Building. Council is to consider a request for a 12 month site and development plan approval extension until June 11, 1983. Approval is recommended. Mr. Blair moved to grant the extension, seconded by Mr. Perry. Said motion passed unanimously. Al. Dual Taxation Council is to consider (1) authorizing enter- ing into an agreement with Kelton and Associates to conduct a dual taxation study and (2) appropriating up to $15,000 for a dual taxation study. Approval is recommended. Mr. Perry moved to approve the recommendation, seconded by Mr. Blair. Upon question by Mr. Bird, the City Manager advised that the $15,000 would be available in the Contingency Fund Account. The City Attorney suggested that this be made part of the motion. Mr. Perry amended his motion to include the funding source would be from the General Fund Contingency Account, seconded by Mr. Blair. Said motion passed unanimously. A2. County Special Exception Petition 82-66 Council is to consider Planning & Zoning Board's recommendation ~y a 7 to 0 vote that a letter be sent to the County Planning Commission objecting to this petition since it is in violation of the City's Land Use Plan. Mr. Doak Campbell, Planning & Zoning Board member, advised that there is pending before the County Planning & Zoning Board a peti- tion to allow a conditional use for a flea market. They feel that the location of the site is not an appropriate place to have this market and recommend denial of the request. Mr. Perry moved to sustain the recommendation of the Plan- ning & Zoning Board, seconded by Mr. Blair. Said motion passed unani- mously. Before roll call, Mr. Bird suggested that photographs be taken of North Federal Highway and that either a member of Council or City staff present the photographs with the letter to express Council's concern regarding traffic congestion and safety. At this point the roll was called to the motion. 32. Mrs. Schwartz spoke in opposition to the South County Drug Abuse Foundation. She feels that having an adolescent residential facility on Southridge Road will lower their property values. Her con- cern is that these children will not be supervised day and night and they will make trouble for the surrounding families and their homes. Mayor Young explained that this item has already been dealt with earlier in the meeting and suggested that Mrs. Schwartz present her speech next time it comes before Council. A3. County Special Exception Petition 82-76. Council is to con- sider Planning & Zoning Board's recommendation that a letter be sent to the County Planning Commission objecting to this petition since it is in violation of the City's Land Use Plan. Mr. Doak Campbell, advised that the Planning & Zoning Board felt that the location of the proposed commercial rental lot was not very appropriate. It would be situated on La Mat Avenue which is the main entrance used for Tropic Bay. - 12 - 4/27/82 Mrs. Marion MacLeod, advised Council of the previous re- quests the applicants have made and which have been denied by both the County's Planning & Zoning Board and the City's. The location of the lot is on the corner of La Mat Avenue and Federal Highway and causes many problems for the residents in the area due to the heavy traffic flow. The cars are parked not only on the lot but have extended out onto the street. Council questioned why this item is on the agenda as being in violation of the City's Land Use Plan since the subject property is located in a County zoned area. Mr. Mike McDaniel, Planner, explained that the City has two different maps; one is a zoning map and the other is the land use map. The land use map designates land uses for all of the areas within the Delray Beach planning area, incorporated as well as unincorporated. Although this piece of land is unincorporated it does violate the land use map. The City anticipates annexing this property some day and they do not want to find a car dealership in an area which has been tentati- vely zoned for multiple family residences. Mr. Perry felt that the zoning map does not clearly indicate the zoning for areas contiguous to the subject property. Mr. Bird moved to approve the recommendation of the Planning and Zoning Board, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. · Mayor Young declared the meeting adjourned at 8:55 P.M. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of April 27, 1982, which minutes were for- mally approved and adopted by the City Council on~7~ //, /~. ' -/ City Clerk 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. - 13 - 4/27/82