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04-25-89 APRIL 25, 1989 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:07 P.M., Tuesday, April 25, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Mayor Doak S. Campbell (Arrived 7:37 P.M.) Absent - Commissioner Jimmy Weatherspoon Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend William Reese, Lakeview Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager stated he would like to withdraw Items 23 and 25. He also advised that the Public Hearings for Items 14 and 15 should read May 23rd not May 9th, and the Commission has been furnished an addendum to the agenda to add Items 45 A. and 45 B. Ms. Brainerd moved to approve the agenda as modified, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 5. Ms. Brainerd moved to approve the minutes of the Regular Meeting of March 28th and the Special Meeting of March 30th. (Since Mr. Andrews was not in office when these meetings were held he did not feel he should second the motion for approval. Therefore, Vice-Mayor McCarty passed the gavel to Deputy Vice-Mayor Brainerd in order to second the motion). Seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Deputy Vice-Mayor Brainerd - Yes. Said motion passed with a 3 to 0 vote. 6. Vice-Mayor McCarty presented the following proclamations: Soil and Water Stewardship Week, April 30, 1989 - May 6, 1989 Israel Independence Day, May 7, 1989 Atlantic High School Eaglettes National Championship Great Strides to Cure Cystic Fibrosis Day, May 21, 1989 PUBLIC HEARINGS 7. Ordinance No. 22-89. Ordinance No. 22-89, providing an excep- tion to the Code to permit open air burning provided an air curtain incinerator is used and other Fire Department criteria is met, is before the Commission 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. 22-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", CHAPTER 96, "FIRE PREVENTION; FIRE WORKS", SECTION 96.04, "OPEN BURNING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION E, PROVIDING AN EXCEPTION TO THE PROHIBITION FOR AIR CURTAIN INCINERATORS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 22-89 is on file in the official Ordi- nance 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. Alice Finst, 707 Place Tavant, stated that under the prior procedure, the public was notified in the process of the hearing that something was going on in their neighborhood. She questioned what the process now will be for public notification prior to the burning permits being issued. The City Attorney advised there was no provision before and there will be none now. The Commission had granted, on a case by case basis, a waiver of the ordinance. The City Manager stated this ordinance relies upon the Fire Department to evaluate the impact, if any, on the neighborhood following receipt of information from the Regulatory Agencies that the necessary procedures have been followed by the person or corporation proposing to do the burning. Mrs. Finst stated she would like to request that public notice, of some form, be posted in City Hall which would be available for the citizens to see. Vice-Mayor McCarty questioned if it would pose a problem for staff to post a notice in City Hall. Upon question, Bob Rehr, Assistant Fire Chief, advised that there are certain criteria which the contractor must meet. Some of the requirements are that all vegetation must be cleared 200 feet from the burning area, there must be adequate water supply, no burning can occur prior to 9:00 A.M. and adequate, competent staff must be on site. Vice-Mayor McCarty stated if the intent of posting the notice is to give the public warning so that they could come and protest a burning, it would not serve the purpose. If a contractor meets th~ criteria, he would be allowed to burn whether or not the public is upset. However, if posting the notice gives them information as to what is going on in their neighborhood then she would be in favor of it. The public hearing was closed. Upon question by Ms. Brainerd if there is a clause in the ordinance which would allow the Fire Department to halt any burning if there is a problem, the City Attorney advised it is part of the permit- ting process. Ms. Brainerd stated she did get extensive information on this and this process is less polluting than having trucks carry it away to a landfill. Ms. Brainerd moved for the adoption of Ordinance No. 22-89 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 8. Ordinance No. 24-89. Ordinance No. 24-89, providing that subject to approval of the Historic Preservation Board, parking surfaces on historic sites or within historic districts may be improved with surface material other than that generally deemed appropriate by the City Engineer, is before the Commission 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. 24-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", "OFF-STREET PARKING", SECTION -2- 4/25/89 173.772, "DESIGN AND LANDSCAPING", SUBSECTION 173.772(B), "PARKING SURFACES AND DRAINAGE", BY AMENDING PARAGRAPH 173.772(B) (1), TO PROVIDE THAT PARKING LOTS AND PARKING SPACES FOR HISTORIC SITES OR WITHIN HISTORIC DISTRICTS MAY BE IMPROVED WITH SURFACE MATERIAL OTHER THAN PAVE- MENT, WHERE THERE ARE TWELVE OR LESS PARKING SPACES, SUBJECT TO APPROVAL BY THE HISTORIC PRESERVATION BOARD; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 24-89 is on file in the official Ordi- nance 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. Andrews moved for the adoption of Ordinance No. 24-89 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 9. Ordinance No. 25-89. Ordinance No. 25-89, deleting a require- ment that certain social services uses must be located at least 1500 feet from another similar use, is before the Commission for considera- tion on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 25-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", SECTION 173.060 "ABUSED SPOUSE RESIDENCE", SUBSECTION 173.060(C), "SPECIAL REGULATIONS", SECTION 173.062, "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES", AND SECTION 173.066, "FOSTER HOMES AND GROUP HOMES", SUBSECTION 173.066(H), "SPECIAL REGULA- TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING PARAGRAPH 173.060(C) (2), SUBSECTION 173.062(E) AND PARAGRAPH 173.066(H) (2); TO PROVIDE FOR THE DELETION OF THE 1500' DISTANCE REQUIRE- MENTS BETWEEN SOCIAL SERVICE FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 25-89 is on file in the official Ordi- nance 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. Helen Coopersmith stated she feels this is a bad thing for the City if they have a City block with several of these facilities. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 25-89 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 10. Ordinance No. 26-89. Ordinance No. 26-89, .amending Chapter 100 "~uisances", Section 100.08(A) to provide that any building wall visible f~m public rights-of-way shall be maintained in a secure and attractive manner, is before the Commission 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. -3- 4/25/89 The City Manager presented Ordinance No. 26-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", CHAPTER 100, "NUISANCES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 100.08(A), "EXTERIOR BUILDING WALLS"; TO PROVIDE FOR A CHANGE TO THE APPLICABILITY OF SAID SECTION FROM "FRONT" TO "ANY" BUILDING WALLS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 26-89 is on file in the official Ordi- nance 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. Ms. Brainerd moved for the adoption of Ordinance No. 26-89 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 11. Ordinance No. 27-89. Ordinance No. 27-89, amending Chapter 165 "Unsafe Buildings", Section 165.33(C) to provide for advertisement of hearing notices for unsafe buildings whenever certified and/or first class mail is returned unclaimed or is undeliverable, is before the Commission 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. 27-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XIII, "GENERAL OFFENSES", "ADMINISTRATION AND ENFORCEMENT", CHAPTER 165, "UNSAFE BUILDINGS", SECTION 165.33, "INVESTIGATION; NOTICE", BY AMENDING SUBSECTION 165.33(C), TO PROVIDE FOR ADVERTISE- MENT OF NOTICES OF HEARING FOR UNSAFE BUILDINGS, WHENEVER CERTIFIED AND/OR FIRST CLASS MAIL IS RETURNED UNCLAIMED OR IS UNDELIVERABLE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 27-89 is on file in the official Ordi- nance 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. Ms. Brainerd moved for the adoption of Ordinance No. 27-89 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 12. Street Name Auction - Old School Square Inc. Prior to consid- eration, a continuation of the public hearing from April 18th has been scheduled to be held at this time. The City Manager advised that Old School Square, Inc., has requested that the streets that are going to be approved, be approved so that they can begin the process of the auction. Robert Barcinski, Assistant City Manager for Community Servic- es, stated the Commission requested additional information at their last meeting relative to the number of businesses and residences on each of the streets. At this time he furnished the information to the Commis- sion. -4- 4/25/89 The public hearing was closed. Ms. Brainerd moved to approve the list as presented for the Old School Square street name auction, with the deletion of Highland Avenue, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. PUBLIC COMMENTS 13.1. Arthur Jackel stated he would like to compliment the City Manager for his clear agenda, Frank Spence and his staff for doing an excellent job presenting the upcoming bond issue and the Commissioners who seem to be working together nicely. 13.2. Deborah Wright, West Atlantic Property Owners Association, stated she would like to applaud the efforts of the City in trying to get rid of drugs in the West Atlantic area. However, they would like to encourage the City to continue the fight against drugs in this area. Mayor Campbell arrived at this time. 13.3. Jean Beer, 945 Tropic Boulevard, stated they have had a problem in and around the Tropic Isle area with continual dumping on lots by builders, and trailers being red-tagged, taken away and the next week they are right back again. She would encourage the Commission to follow up on this. 13.4. Rosetta Rolle, Delray Beach Voters League, stated she would like the Commission to do something about the Public Utilities area. They are concerned about beautification in other areas; however, they are not taking the lead in doing something with their own property. 13.5. Saul Horn, 801 N.W. 26th Avenue, stated that for two years he has tried to initiate remedial action for an unacceptable condition which exists at the Municipal Golf Course. There is a total lack of privacy in the men's and women's toilets out on the course and he feels the cost to remedy this would be minimal. 13.6. Dr. Paul Friedman, 2444 N.W. 8th Street, stated it is his understanding that when they get bids on contracts they generally give the contract to the lowest bidder. He is suggesting that, over the next year or so, they develop some method with the Engineering Department to use a culmination of value analysis and value engineering before the contracts are handed out. FIRST READINGS 14. Ordinance No. 28-89. Ordinance No. 28-89, an ordinance for the voluntary annexation of the Extra Closet located on the east side of Military Trail, approximately 2,750 feet north of W. Atlantic Avenue, with an initial City zoning of SAD, is before the Commission for consid- eration on First Reading. If approved, Public Hearing will be held May 23rd. The City Manager presented Ordinance No. 28-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA ROAD, APPROXIMATELY 2,750 FEET NORTH OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SAD (SPECIAL ACTIVITIES) DISTRICT; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; -5- 4/25/89 PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 28-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 15. Ordinance No. 29-89. Ordinance No. 29-89, an ordinance for the voluntary annexation of the U.S. Post Office located on the east side of Military Trail, approximately 2,240 feet north of West Atlantic Avenue, with an initial City zoning of CF, is before the Commission for consid- eration on First Reading. If approved, Public Hearing will be held May 23rd. The City Manager presented Ordinance No. 29-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA ROAD, APPROXIMATELY 2,240 FEET NORTH OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 29-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 16. Ordinance No. 30-89. Ordinance No. 30-89, an ordinance rezon- ing the property owned by Minto Builders, located at the southwest corner of Linton Boulevard between Congress Avenue and the E-4 Canal, from POC to RM-10, is before the Commission for consideration on First Reading. If approved, Public Hearing will be held May 9th. The City Manager presented Ordinance No. 30-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT FOR ALL OF LINTON LAKE, ACCORD- ING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 58, PAGES 40, 41 AND 42, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN CONGRESS AVENUE AND THE E-4 CANAL; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 30-89 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 17. Ordinance No. 31-89. Ordinance No. 31-89, an ordinance rezon- ing property owned by Carole L. Burns, located on the southwest corner of S.W. 10th Street and Miami Boulevard, between Miami Boulevard and Park Avenue in the Silver Terrace Subdivision, from RH to RO, is before -6- 4/25/89 the Commission for consideration on First Reading. If approved, Public Hearing will be held May 9th. The City Manager presented Ordinance No. 31-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT IN RO (RESIDENTIAL OFFICE) DISTRICT FOR LOTS 9 AND 10, BLOCK 5, SILVER TERRACE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE SOUTH SIDE OF S.E. 10TH STREET, BETWEEN PARK AVENUE AND MIAMI BOULEVARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 31-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 18. Ordinance No. 32-89. Ordinance No. 32-89, an ordinance amend- ing the Zoning Text to include the definition of "Department Store" and to change the LC (Limited Commercial) Zoning District to limit allowable department stores in the LC District to less than 20,000 square feet, is before the Commission for consideration on First Reading. If approved, Public Hearing will be held May 9th. The City Manager presented Ordinance No. 32-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND USE", CHAPTER 173, "ZONING CODE", SECTION 173.001, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION "DEPARTMENT STORE" TO PROVIDE A DEFINITION FOR SAID USE; AND FURTHER AMEND- ING TITLE 17, "LAND USE", CHAPTER 173, "ZONING CODE", "LC LIMITED COMMERCIAL DISTRICT", SECTION 173.556, "PERMITTED USES", SUBSECTION (B), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY LIMITING DEPARTMENT STORES TO 20,000 SQUARE FEET OR LESS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney 'read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 32-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. Brainerd left the Commission Chambers at this time. 19. Ordinance No. 33-89. Ordinance No. 33-89, an ordinance allow- ing for the placement of signs in a breezeway or at the entrance of a breezeway, is before the Commission for consideration on First Reading. If approved, Public Hearing will be held May 9th. The City Attorney advised there are two options before the Commission. He would like them to decide which one they would like to proceed with and then he will read that caption. Assistant City Attor- ney Kurtz advised the Community Appearance Board is recommending that they approve 33-89 A. The City Manager presented Ordinance No. 33-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", "PERMITTED -7- 4/25/89 SIGNS; REGULATIONS", SECTION 162.035, "SIGNS PERMITTED AND REGULATED IN ZONING DISTRICTS", SUBSECTION (F), "COMMERCIAL DISTRICTS", SUB-SUBSECTION (1), "SHOPPING CENTERS ONLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ENACTING A NEW SUB-SUB-SUBSECTION (c) TO ALLOW FOR SIGNS IN A BREEZEWAY AND SETTING FORTH THE CRITERIA FOR SUCH SIGN; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 33-89 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. REGULAR AGENDA 20. Appointment of a Member to the Civil Service Board. The Commission is to consider the appointment of a member to a term ending April 1, 1991. Ms. McCarty moved to appoint June Henley as a member to the Civil Service Board, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Ms. Brainerd returned to the Commission Chambers at this time. 21. Appointment of an Alternate Member to the Metropolitan Planning Organization. The Commission is to consider the appointment of an elected official to serve as an alternate member of the Metropolitan Planning Organization. Ms. McCarty advised that at their last meeting the MPO request- ed that they have two alternates as they have a hard time getting quorums. Ms. McCarty moved to appoint Mr. Andrews as the first alternate and Ms. Brainerd as the second alternate to the Metropolitan Planning Organization, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 22. Line of Credit. The Commission is to consider the option to bid line of credit and provide staff with direction on term, rate structure, projects to be included, amount of line of credit, repayment funding sources, and how line of credit will be secured. The City Manager advised that the potential projects to be financed are Old School Square - $300,000 ($100,000 a year for three years from the General Fund); the tennis center property - $1,029,000 (to be repaid from the sale of land); East Atlantic Avenue Phase II - $830,000 (to be paid for from a combination of CRA payments over five years and diverting funding from the West Atlantic Avenue beautifica- tion); some interim financing for Fire Station #2 - $450,000 (to be repaid from the sale of land at Venetian and Miramar); City Hall Expan- sion - $700,000 (to be repaid from the General Fund Operating Revenues at $140,000 over five years; Allamanda Gardens - $100,000 (to be paid from next year's operating revenue and the N.W. Avenue drainage outfall - $700,000 (paid from Storm Water Utility fees). This all totals $4,109,000. The City Attorney advised the Commission needs to keep in mind that the outline of the repayment is their own internal accounting system. Their actual pledge will be the inferior lien on the Utility Tax Revenue. Ms. McCarty moved to approve the Line of Credit Project List, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -8- 4/25/89 24. Presentation - Sharing For Excellence in Schools 1990 The Delray Beach Plan. Mayor Campbell stated this is the result of some citizen, community activity in conjunction with Commission activity regarding the concern about the schools in Delray Beach. They have been meeting with the School Board representatives for almost a year and they have before them tonight a proposal which has been coordinated by some of the people who have been active in this process. The City Manager advised this item is a multifaceted proposal which seeks to make public education more attractive to people in and around Delray Beach. It will limit the number of school attendance areas from which Delray Beach children are bussed; it proposes some improvements at Spady Elementary School and offers some major City participation in those improvements. The participation being recommend- ed is $500,000 towards the improvement of the school itself and acquisi- tion of approximately six acres north of the school to make a more campus like atmosphere. Mayor Campbell advised that the purpose is to balance the schools and the plan is that every school in Delray Beach would have an appropriate ethnic mix so that there would not be an unfair or improper balance disproportionate to that throughout the entire school system. Therefore, every child, first and foremost, would be attending a well, racially-balanced school and it would also reduce the net element of Delray Beach children who are being bussed out of Delray. It necessi- tates an expenditure and improvement on behalf of the City with regard to Spady, involves some changes to Spady and Pinegrove changing the nature of Pinegrove to a special type of school. It also requires that the School Board make a commitment to build two new schools as quickly as possible in order to make this plan viable. One of the schools would be built out near the Morikami and the second would be a new elementary school which would be built roughly in the southern end of Delray. The initial commencements would be in the 1990-91 school year. Mayor Campbell stated he believes that the City Manager will be coordinating a special meeting with the Commission and the School Board members. The question is if they like this program and want to hear from the public, is it appropriate to adopt this as something they want to present as an agenda item when he sets up that meeting. Sid Soloway stated he has read the statement and feels that the most important part of this is the appendix which mentions the work done at the end which will implement the program. He feels the Commission should be very proud of this program and forward it as soon as possible. Rosetta Rolle, member of CRISIS, stated that if the Commission follows this plan and puts in the money she is sure Delray Beach will take the lead in education. Lillie Parker stated she is here tonight to urge the Commission to support this plan as she believes it is a very solid one, well researched and is workable. She feels the plan can be implemented with relative ease in a short period of time. It will recreate a sense of pride in the schools and, therefore, in the community. Elizabeth Matthews, Beach Property Owners Association, stated she feels this is the most outstanding staff work they have seen con- tributed by people who are not employees of the City. Deborah Wright, West Atlantic Property Owners Association, stated she would like to echo the comments of Lillie Parker. She is very happy that the Commission is taking an active role in the education setting. However, she would like to see more emphasis on the high school and hopes that that concern will be brought up. Roger Saberson stated that it is obvious if anything needs improvement in Delray it is the school system. There are going to be a lot of benefits which will accrue to the City in the event that they are able to implement this plan with the School Board and he hopes they use every effort they can to do so. -9- 4/25/89 Dan Burns, 1036 Bucida Road, stated that when Bill Mayer and Tom Fleming came to him about this project three months ago he thought that if they could put something like it together it would be really something. When they brought the plan to him the other day he realized it is something that the City really needs and has to make work. Tom Fleming, 2600 Hampton Bridge Road, stated he is happy to see the plan being reviewed tonight and see the support it is getting. Bill Wallace, 1311 Linton Boulevard, stated he does not think there is any one issue which is any more important than the public school system. He would urge the Commission to get behind the proposal. Bill Mayer stated he feels very gratified that virtually every segment of the community is represented here tonight and he feels this plan represents a true consensus. Ms. McCarty stated she is very excited about this plan and grateful to all the people who put in so much time and effort to put it together. Ms. Brainerd stated that she also is completely supportive of the plan. Mayor Campbell stated he would like to compliment all of the people who have been working over the past year for getting to the point where they have something viable to present to the School Board. He feels it might be appropriate to remember that this is not the end and the task before all of them will be to aggressively lobby the members of the School Board and staff to have implementation as soon as possible. Upon question by Mr. Andrews as to when he was planning to have the meeting, the City Manager stated he is trying to arrange it for a Tuesday evening, either next Tuesday or the following Tuesday. Ms. McCarty moved to adopt and ratify the plan entitled "Shar- ing for Excellence in Schools 1990" dated April 25th, relating to the public elementary and middle schools serving the student residents of Delray Beach and that they immediately ask the City Manager to present this and set a joint meeting with the School Board of Palm Beach County requesting immediate adoption thereof. Also, that they shall take jointly, in cooperation with the School Board, all actions required to otherwise implement, and ensure the full and expeditious implementation of the program, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarty left the Commission Chambers at this time. 26. Request for Fundinq from Palm Beach County to Support Local Consensus Building Events. The Commission is to consider a request for funding in the amount of $4,000 to support Visions 2000 Steering Commit- tee activities. The City Manager recommends approval with funding from Special Events Account, Fourth of July line item. Ms. Brainerd moved to approve the request, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Before roll call, the City Manager advised that he is proposing to take the funding from the Fourth of July item. He has not heard any discussion on this yet so he presumes there will be no activities. At this point the roll was called to the motion. Ms. McCarty returned to the Commission Chambers at this time. 27. Consideration of Proposal for Allamanda Gardens from the Palm Beach County Housing Partnership. The Commission is to consider a request from the Palm Beach County Housing Partnership for additional funding to defray increased infrastructure costs. -10- 4/25/89 The City Manager stated they have had a meeting with represen- tatives from Allamanda Gardens and have determined that the best way to approach the Housing Partnership's proposal is to make sure that the units do, in fact, get built and that they identify funding sources. Those sources are additional money from the CDBG Grant, pending approval of those CDBG funds by the local board, and $100,000 from General Fund revenues which were a part of the line of credit tonight and which will be paid back from the Operating Revenues next year. Upon question by Mayor Campbell, George Steele, Palm Beach County Housing Partnership, stated they have to complete the infrastruc- ture before the end of this fiscal year. Upon question by Mayor Campbell if they need all of the alloca- tion to come from 89-90 and would it have any impact on the project if they also used 90-91, Mr. Steele stated the important thing is that they be in a position to authorize the total infrastructure contract as soon as the final plat has been approved. This would require a commitment of funds for the total infrastructure. Mayor Campbell stated that instead of a General Revenue commitment of $100,000, he would like to see that they extend the CDBG allocation for 1990-91 so that, ultimately, none of the general budget will bear the impact of this. The City Manager advised that they are prohibited from doing that sort of thing. Lula Butler, Director of Community Improvement, advised that the Federal Regulations would not allow them to reimburse the City's General Fund. They are asking that the $69,000 be done through their citizen participation process, but they are allocating that for the Water and Sewer Impact Fees. Mayor Campbell stated he would like to see more CDBG funds allocated to this, rather than going to General Revenue. Ms. McCarty moved to approve the staff recommendation for funding Allamanda Gardens, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Andrews stated he has had a problem with this from the time he was on the Planning and Zoning Board. He does not believe in the project and he hopes he is proven wrong; however, he was not part of the building process so at this late date he will support it. Mayor Campbell stated if the consensus of the Commission is to adopt this, and they are being told that they cannot advance their funds, then he will go along with this. However, he would prefer not being boxed into a situation because it will jeopardize any program. He would like to look at more detail as they will be impacting the General Budget and there will be a $100,000 line item. At this point the roll 'was called to the motion. 28. Extension of Conditional Use Approval. The Commission is to consider a request for an extension of Conditional Use approval for Delray Auto Grooming located on the northwest corner of N.E. 2nd Avenue and N.E. 2nd Street. Approval is recommended. Ms. Brainerd moved to approve the extension of the Conditional Use approval for Delray Auto Grooming, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 29. Approval of Site and Development Plan. The Commission is to consider approval of site and development plan for Delray Beach Yacht Club Condominiums, a proposed 12 unit condominium structure located on the northwest corner of MacFarlane Drive and Ingraham Avenue. Approval is recommended. -11- 4/25/89 Ms. McCarty moved to approve the site and development plan for Delray Beach Yacht Club Condominiums, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 30. Conditional Use and Site Plan Approval. The Commission is to consider approval of conditional use and site plan for St. Paul's Church to expand present facilities and establish an elementary school use at the northeast corner of S.W. 1st Avenue and S.W. 2nd Street. Approval is recommended. Ms. McCarty moved for approval of conditional use and site plan for St. Paul's Church, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 31. Conditional Use Approval. The Commission is to consider approval of conditional use for the Auburn Trace Day Care Center located in the Auburn Trace development on the west side of S.W. 8th Avenue, between S.W. 4th Street and S.W. 7th Street. Approval is recommended. Ms. Brainerd moved for conditional use approval for Auburn Trace Day Care Center, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Ms. McCarty stated that when the lessee is selected she would like to be apprised of who they are and look at the contract. At this point the roll was called to the motion. 32. Appeal of Conditions - Exxon Station. The Commission is to consider an appeal of conditions re: Exxon Station Redevelopment at Congress and Atlantic. Mayor Campbell advised the issue is whether or not they want to allow, or insist on, the dedications of right-of-way pursuant to DOT and County requests. David Felton, representing Exxon, stated the County initially requested a taking of eight feet along Congress Avenue. When Congress was improved the County took seven feet and they are now requesting an additional eight feet for an expanded intersection. As far as their plat requirements are concerned, Exxon is willing to dedicate a seven foot piece along Atlantic Avenue which would bring the right-of-way up to what is shown on the current Traffic Ways Plan. When DOT brought their comments in, they suggested that it would be brought up to the expanded intersection program of the County. At the time this happened, in November 1988, the Comp Plan showed no expanded intersection. In discussing this with the County, they are now asking to enforce the current proposed Comp Plan. They are now in a position where they are asking for 16 additional feet along Atlantic which would severely cut down their landscape requirements and they are infringing upon any future changes in a non-conforming basis with regard to setbacks. They would like to have their plat approved without the dedication require- ment. They will leave the land vacant, and any time they want to take it they can. Ms. McCarty moved to grant the appeal of approving the plat, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 33. Appeal of Community Appearance Board Action. The Commission is to consider an appeal of Ms. Teri Gautier re: denial of proposed wall sign. -12- 4/25/89 Teri Gautier stated she was told by the Sign Permit Department what the Code was for a sign on the front of her store. She followed the Code, made her sign 30% less than it could be, and was told that there should be no problem having it approved. She then went before the CAB and her sign was denied. It was not explained to her that there was a possibility that the size of the sign would be a problem and she feels something should be stated in the Code. At this time Ms. Gautier presented her sign to the Commission. Bill Wilsher, Chair of the CAB, advised that the agenda is misworded; it was not denied, it was conditioned. Ms. Gautier's origi- nal request was for 24" letters and the sign would have been 18' long. They conditioned it to have the letters reduced to 16" and 12'long. This particular sign would be located on an historical building (the Arcade Tap Room). The Board felt 18' is far in excess for this particu- lar area. Ms. Brainerd moved to uphold the recommendation of the CAB, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. Before roll call, Mayor Campbell stated his concern is that if they have Code requirements being met, then he would have a hard time voting against it. He feels that perhaps they may need to look at the dimensional aspects of the Code. Ms. McCarty stated she feels what they need in the Code is something more explicit that there is that subjectivity for certain areas. Perhaps the CAB could look at the wording with staff and bring something to the Commission. Upon question by Mr. Andrews, Ms. Butler stated it is their policy that they tell people up front that there is a CAB requirement on all sign applications and they do not issue permits until CAB has reviewed the sign and done their approval process. Ms. Gautier's sign was within Code; however, she was also informed there was a review process she had to go through. At this point the roll was called to the motion. 34. Retirement Benefit Contributions. The Commission is to consid- er authorizing staff to challenge the Division of Retirement's proposed rule and policy changes regarding contributions to individual cities retirement pension plans. Approval is recommended. Ms. McCarty moved to authorize staff to challenge the Division of Retirement's proposed rule and policy changes, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 35. Marina Delray - Update on Litigation Re: ACLF. The Commission is to consider discussion on the current status of Marina Delray litiga- tion. Assistant City Attorney Kurtz stated pursuant to the settlement agreement which the Commission had previously approved, which was not approved by the other parties in a timely fashion, they were going to be processing the ACLF application through the P&Z Board and then back to the Commission in an expedited fashion. There were also going to be some conditions which would not normally be granted, i.e., off-site parking. The major question now is what they want to do with the ACLF application; do they want it to continue through the process, have staff put it on hold or wait and hear from any of the other interested parties to see if they challenge the Court's ruling. Mayor Campbell stated his concern is that even if they concep- tually want to move forward, and agree that the ACLF is an appropriate use on the site, that they should proceed with an application and utilize staff time and expenditures only to find out that the prospec- tive purchaser of the property could not do anything. -13- 4/25/89 Assistant City Attorney Kurtz advised that the Planning Depart- ment has received a landscape and parking plan and have tentatively scheduled the matter to be on the P&Z agenda for May 15th. Mayor Campbell stated he has no problem with that as the community has stated that it is an acceptable use. However, he will leave it up to the City Attorney and when he is in a position to inter- pret the Code that these people have a legitimate interest he can proceed at that point. The Commission concurred. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 36. Request for Funding - For Community Child Care Center. The Commission is to consider the Child Care Task Force recommendation to reallocate $36,695 of surplus funds, budgeted in FY 1988-1989, from the Florence Fuller Child Care Center to the Community Child Care Center. Approval is recommended. 37. Request For Funding - Morikami Museum. The Commission is to consider a request from Morikami Museum for $500 to offset Sister City expenses during visit of representatives from Miyazu on May 19th through 21st. The City Manager recommends approval, with funding from Special Events Account, Fourth of July line item. 38. Approval of Bonding Policy Change. The Commission is to consider approval of change to bid/performance payment bond requirements to require bonding for projects between $100,000 to $200,000, unless waived by the Commission; between $10,000 to $100,000 unless waived by the City Manager and deleting the requirement for bonding on projects $10,000 or less. Approval is recommended. 39. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action. The Commission is to consider ratification of SCRWTD Board, March 16th action approving the engineering contract for Camp, Dresser and McKee to cover aeration tanks and/or effluent pump station expansion in an amount not to exceed $1.3 million. Approval is recommended. 40. Approval of Police and Fire Communications Agreement. The Commission is to consider an agreement between the City of Delray Beach and the Town of Gulfstream for dispatching and communication services for the period June 15, 1988 through June 15, 1991. Approval is recom- mended. 41. Change Order No. 3 - West Linton Boulevard Landscaping. The Commission is to consider Change Order No. 3, increasing the contract price of $2,650 for relocated nine trees and water truck services for six weeks. Approval is recommended. 42. Disposition of Fire Department Turnout Gear. The Commission is to consider authorizing the Fire Department to donate firefighters protective clothing, which no longer meets City standards, to the Florida State Firemen's Association. Approval is recommended. 43. Request for Waiver and Refund of Solicitation Permit Fee - American Heart Association. The Commission is to consider a request for waiver of solicitation permit fee and refund in the amount of $340 for the American Heart Association. Approval is recommended. 44. Request for Dock Variance. The Commission is to consider a request for a variance to construct a dock 30 feet into the Intracoastal at 415 S.E. 7th Avenue. Approval is recommended. 45. Final Plat Approval. The Commission is to consider final plat for the Sherwood Forest Subdivision. The Planning and Zoning Board recommends approval. -14- 4/25/89 45.A. Agreement - Delra¥ Beach Mazda. The Commission is to consider approval of the original agreement pertaining to perimeter landscape strip executed by William Chamberlain. Approval is recommended. 45.B. Agreement - Delray Beach Mazda. The Commission is to consider approval of the original agreement pertaining to median cut on Federal Highway. Approval is recommended. 46. Award of Bids and Contracts: A. Water Treatment Plant Expansion Project to Widell Associ- ates Inc. - $2,248,000 from 1988 (1984 Refinanced) Water and Sewer Revenue Bond. B. Award Bid - Police Staffing and Deployment Study to Institute for Law and Justice, Inc. - $22,228 with funding from Police Administration Account No. 001-2111- 521-32.11. C. Award Bid - Paramedic Rescue Vehicle to Emergency Vehicle Fabricators, Inc. - $63,625 with funding from Account No. 001-2315-526-60.84 (Fire - EMS Operations Matching Grant - $31,100); 001-2315-526-60.89 (Fire - EMS Operations Capital - $7,500); 333-2311-522-60.89, 60.57 and 60.84 (1987 Utility Tax Bond Issue - $21,525); and 115-0000- 248-64.00 (Special Projects - Fire - Capital - $3,500). Ms. McCarty moved to approve the Consent Agenda, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 47.A.1. Mr. Andrews stated he got hold of a letter today which was directed from Mr. Cato, Fire Marshall, to Mr. Simon regarding an inter- pretation to put a fire hydrant on the tennis property site. There is probably less than 1,000 square feet of habitable space and for protec- tion of this they are going to be spending $30,000. There is also the alternative of putting a pumping system into Lake Ida to meet certain criteria to get enough water out of the lake. He feels they should be a little more lenient with items like this as it is not a hard-fast rule that they need this kind of protection for the building. Joe Weldon, Director of Parks and Recreation, advised they were going to run the system off the lake as it is too expensive to run the fire hydrant back from Lake Ida; and/or drill a well large enough which would give them fire protection and irrigation purposes. The City Manager suggested that they have staff revisit the decision to see whether or not there is anything in the Code which requires this.and he will get back to the Commission. 47.A.2. Ms. McCarty stated that the company the County has employed to do the engineering on West Atlantic Avenue, west of 1-95, is supposed to come in this week or maybe next week. When they do, she would like the Commission to be informed so that they know where they stand. 47.A.3. Ms. McCarty stated the Commission received a letter a few weeks ago from Neil MacMillan regarding a City-initiated rezoning. She questioned the status. The City Manager advised he believes they are initiating the rezoning back to the original zoning and it will be on the May 9th agenda. 47.A.4. Ms. McCarty stated that at the last regular meeting they had a request from a gentleman regarding the car wash proposal on the corner of Atlantic Avenue and Military Trail. She questioned if they want to send a resolution, or something else, to the County Commission to make a comment with regard to their feelings for or against. Mayor Campbell stated if they give water, they require the P&Z Board and the Commission to consider that the land use element is -15- 4/25/89 compatible with ours. In the past, they have had a more stringent requirement and it was not only land use, but actual zoning; was the anticipated use compatible with what they would like to see on the site. There is nothing prohibiting them from going back to a more stringent standard, recognizing that if someone else is going to be coming in after this, that they cannot keep going back and forth. Mayor Campbell suggested they place this on a workshop agenda for discussion. 47.A.5. Ms. McCarty stated with the continuing pressure of trying to upgrade LaMat Avenue and some of the problems in Enclave 50, she ques- tioned if it would be appropriate to check with Mr. Chamberlain and see what his plans are for his property. They have a moral agreement that they would not annex the enclave until November so that he could com- plete his development under one jurisdiction. She also questioned if they could look at the possibility of splitting the enclave. The City Manager advised you cannot create an enclave when you do an enclave; they have to do the entire parcel. Ms. McCarty stated she would like to see some good faith evidence that they are proceeding with the project and that it will in fact be done. 47.A.6. Ms. McCarty questioned if it would be appropriate as a perma- nent measure, with an eye to water conservation, for the Commission to have an ordinance against restaurants giving water without a request. Mayor Campbell stated he does not feel that they would save that much water and they could embarrass the restaurants in Delray. Ms. Brainerd stated they save a lot in the washing of the glasses rather than how much they drink. She suggested they make it voluntary, rather than by ordinance. Mayor Campbell stated he feels it might be a better psychological lesson if they keep reminding people that they need to be concerned about water. The City Manager stated he will have staff come up with several water conservation items. 47.A.7. Ms. McCarty noted that Mr. Saul Horn spoke earlier on the restrooms out on the golf course. She believes that in the RFP which is going out, and the capital improvements that are suggested, this is going to be addressed. 47.A.8. Ms. McCarty stated that two weeks ago it was brought to their attention that they are not following their own resolution regarding boards giving their direction as to who the Commission should appoint. She believes they passed a different resolution which talked about advertising and receiving as much input they can get. 47.A.9. Ms. Brainerd stated she sent a memo to each of the Commission- ers regarding the golf course. She is strongly suggesting that they hire an independent evaluator to take a look at the course right now and to give them input as to the current condition of the grass root system, the condition of the greens, the density of the grass and the condition of the maintenance equipment. In the memo she highlighted why she thought it was important to have an independent evaluator who would be hired by the City and responsible only to the City for this information. She questioned if they could reach some kind of consensus tonight if they would like to do this. This would also be some insurance during the next eight months of the remainder of the contract, as rumors are abounding and they would be prudent to protect themselves and the residents. Mayor Campbell suggested they ask the City Manager to define the position, come up with a proposed cost and, if it is appropriate bring it back to the Commission. Ms. Brainerd stated she would like to see something back to them in two weeks. 47.A.10. Ms. Brainerd stated the Commission received a memo from Mary Lou Strollo and Frances Bourque from Old School Square regarding some -16- 4/25/89 concerns they had. In particular, they are asking that the lease back agreement be expedited and that they are vehemently opposed to any further lease backs. She supports their concerns and urged that the Commission take note of them. 47.A.11. Ms. Brainerd noted that the City Manager wrote a letter to the current agent for the adult book store asking for a copy of the lease. She questioned if he has received any response. The City Manager advised that he was notified that the owner wished to meet with himself and the Mayor. He believes that meeting has been set for Thursday. However, he does not have a copy of the lease. 47.A.12. Ms. Brainerd advised that some weeks ago she brought up a suggestion that they write some letters and resolutions to the County Commission and the Sheriff's Office regarding enforcement of the adult book store site and she questioned the status of this. The City Manager advised he sent a letter last week and they will be meeting this Friday. 47.A.13. Ms. Brainerd stated that at the March 28th meeting she suggest- ed they draft a resolution stating that they support a jury district in Delray Beach. The City Attorney advised it is drafted and ready for the next agenda. However, they are still exploring a legal issue and, before they adopt the resolution, there is a question as to whether or not they can even have one. Ms. McCarty stated she thought that was why they gave the County all the land for the courthouse. The City Attorney stated as he recalls they would only commit to expanded court services. Ms. Brainerd suggested they workshop this item. The City Attorney advised they are planning on having this on the May 9th agenda and they can go from there. 47.A.14. Ms. Brainerd commented that she was contacted by a citizen who informed her that with the press about Aero-Dri and barrels of polluted soil left in the building, citizens are continuing to be concerned about what is in the City's water. She questioned if they could test the water and talk about what minerals and elements are in it and then publish it as an item of interest in the neighborhood newsletter. 47.A.15. Ms. Brainerd stated she would like to commend the City Manager on his report which was in their packets this week. It was reflective of a lot of good things which are happening. 47.B. There were no Non-Agenda items by the City Attorney. 47.C.1. The City Manager stated that he needs to know who the team captain will be for the Commission Softball Team. The Commission nominated Mr. Weatherspoon. 47.C.2. The City Manager advised that they did soil analysis at the tennis court site and he furnished the Commission with some information. Mayor Campbell declared the meeting adjourned at 9:28 P.M. City 'Clerk ATTEST: MAYOR -17- 4/25/89 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 Commission of April 25, 1989, which minutes were formally approved and adopted by the City Commission on ~ /~/f~ . ' y Cit~ 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 Commission. 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. -18- 4/25/89