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03-08-88 413 MARCH 8, 1988 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 7:00 P.M., Tuesday, March 8, 1988. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John Hadlock, Church of the Nazarene. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a. Mayor Campbell read and presented a proclamation proclaiming March, 1988 as "ORT Spring Ahead Recruitment Campaign Month". Members of ORT came forward to accept the proclamation. 4.b. Mayor Campbell presented a proclamation urging citizens to support the establishment of the Carl L. Brumback Endowment Fund for Scholarships in Public Health. 4.c. Mayor Campbell presented a proclamation proclaiming March 28, 1988, as "Palm Beach Blood Bank Day". 4.d. Mayor Campbell presented a proclamation proclaiming March 13-19, 1988, as "Employ the Older Worker Week". 5. Mrs. McCarty requested that Item 23 be removed from the Consent Agenda and placed as last item on the Regular Agenda. The City Manager advised there is an additional item to be added to Item 32 relative to a contract with Solo Construction Company; this will become Item 32.3. Mrs. Horenburger moved to approve the agenda with Item 23 removed from the Consent Agenda and placed as last item on the Regular Agenda and the addition of Item 32.3, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARINGS 6. Ordinance No. 2-88. Ordinance No. 2-88, amending the Local Land Use Map designation for .32 acres of land located just north of the Exxon Station at the corner of Congress and Atlantic from I (Industrial) to C (Commercial), 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. 2-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM I (INDUSTRIAL) TO C (COMMERCIAL). SAID LAND IS LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, BETWEEN WEST ATLANTIC AVENUE AND N.W. 1ST STREET; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 2-88 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. Mrs. Horenburger moved for the adoption of Ordinance No. 2-88 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7. Ordinance No. 3-88. Ordinance No. 3-88, annexing .32 acres of land with GC (General Commercial) zoning, located at the corner of Congress and Atlantic, 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 3-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE NORTH 50 FEET OF THE WEST HALF (W 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS THE WEST 53 FEET THEREOF, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, BETWEEN WEST ATLANTIC AVENUE AND N.W. 1ST STREET; 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 GC (GENERAL COMMERCIAL) DIS- TRICT; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 3-88 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. Mrs. Horenburger moved for the adoption of Ordinance No. 3-88 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 5-88. Ordinance No. 5-88, annexing property located at the corner of Lake Ida Road and Davis Road, with POC (Planned Office Center) Zoning, 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 5-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PORTION OF LOT 20 IN BLOCK 1, DELRAY SHORES SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGES 232 AND 233, PALM BEACH COUNTY PUBLIC RECORDS, LYING AND BEING IN THE -2- 3/8/88 415 SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF LAKE IDA ROAD AND DAVIS ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 5-88 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. Arthur Jackel, Chairman of the United Property Owners, stated the UPO and residents of the area agree with the Commission in approving this annexation. They feel it is justified that the Mr. Grocer store is classified as a non-conforming use; however, they do not feel that' the pharmacy should also be classified in this manner. The pharmacy is not a store, it is an ancillary use to the medical offices and is a credit to the community. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 5-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mrs. Horenburger, David Kovacs, Planning Director, stated the uses permitted are established by the Zoning Code; the only way they could make the pharmacy a permitted use would be to amend the POC district to allow them. The annexation creates a non- conforming use but will not have any effect upon the business, unless the business wanted to buy additional stores and expand. Upon question by Mr. Weatherspoon, Mr. Kovacs stated they are required, under the Enclave Act, to accept any use which exists, i.e., they can not bring a piece of property into the City and then force it out of existence. This property does not come in under the Enclave Act, it is a separate annexation. Mayor Campbell suggested, in response to Mr. Jackel's comments, that they go ahead and complete the annexation tonight and then explore other possibilities. Harold Greene, representing the owner of the property, stated that the building will be converted into an office condominium. One of the purposes of the annexation was to allow them to sell each unit to individuals. The pharmacy has already entered into a contract to purchase its unit. However, the Mr. Grocer is not going to buy a unit, someone else is buying it; the lease, which has approximately 20 years to run, will continue. There is no intention to convert the uses on these two properties, only to allow them to continue to run as long as the people are there. At this point the roll was called to the motion. 9. Ordinance No. 7-88. Ordinance No. 7-88, amending the Zoning ~6de by deletion of "posting" requirements for rezonings, 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. 7-88: -3- 3/8/88 416 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 30-23, "REZONING REQUESTS", BY REPEALING SUBSECTION (B) "PROCEDURES", SUBPARAGRAPH (2) (d) IN ITS ENTIRETY IN ORDER TO DELETE THE POSTING OF NOTICE REQUIREMENT ASSOCIATED WITH THE REZONING OF PROPERTY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 7-88 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. Mrs. Horenburger moved for the adoption of Ordinance No. 7-88 on Second and FINAL Reading, seconded by' Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. REGULAR AGENDA 10. Land Use Petition Comment to Palm Beach County. The Commission is to consider authorizing a letter to be sent to Palm Beach County informing the County of the opposition to the ACLF as the enclave within which the property is located is scheduled for annexation by the end of August, 1988. The City believes the establishment of an ACLF in this neighborhood is not consistent with adjacent neighborhood land usage and that access to the proposed site is not adequate. The City Manager advised this item was heard before the Plan- ning and Zoning Board and involves the proposed construction of an ACLF at Davis Road and Lone Pine Road. A number of residents expressed their opposition to it and the Board has recommended that the Commission forward comments in opposition. Mrs. Horenburger moved to approve transmittal of the letter, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mr. Weatherspoon, Mr. Kovacs stated that ACLF's are allowed within 11 zoning districts in the City. At this point the roll was called to the motion. 11. Well Field Contamination Contract. The Commission is to consider approval of Change Order No. 1 to the CH2M Hill contract for design and implementation of air scrubbing devices, in an amount not to exceed $611,000. The City Attorney advised the Commission has been furnished a revised addendum tonight. The one in the agenda package was intended to be a scope of services agreement for the entire remaining portion of the project. After some discussion, they have attempted to redo the adden- dum so that the CH2M Hill agreement only goes for the first group of things needed done and then they will come back at the appropriate time for another addendum. In the previous agreement, those things which were described as tasks 1, 2, 3 and 5 are the only ones they are going to go forward with. The new agreement will provide, in task 1, that not only will CH2M Hill develop the criteria, they will also acquire immedi- ately, for lease by the City, some carbon activated strippers. It will cost approximately $500,000 to get the four strippers on-site, installed and working for six months. The bottom line is that the total cost for this addendum to CH2M Hill for their labor and expenses, which includes the acquisition of the carbon filters, will be $701,180. He has had a -4- 3/8/88 417 series of meetings with CH2M Hill, DER and other regulatory agencies to make sure that nothing the regulatory agencies are going to do will cause a problem in getting this money back. This will be a long and expensive process; however, the City intends to get every dime back from the people who caused the contamination. Upon question by Mr. Weatherspoon, Robert Wr.ight, CH2M Hill, advised the reason they need four of these units is that the deficit in water is four million gallons per day and these units can be operated around one million gallons per unit. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. Tim Sharp, CH2M Hill, gave a slide presentation which showed the water supply situation, the location of the wells and how the carbon filter units work. Mr. Weatherspoon moved to approve addendum No. 1 to the agree- ment between the City and CH2M Hill, the bottom line number to be in the amount of $701,180 which includes their labor costs and lease fees for the carbon units, the source of funding to be the Reserve Fund in' the Water and Sewer Account, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Upon question by Mr. Dougherty as to why they went from the air stripping to the activated carbon, Mr. Wright stated purely because the activated carbon was available to them. They looked extensively through- out the country for air stripping units which would do the job; however, the equipment was not available for at least six weeks, possibly three to four months. Mr. Dougherty questioned if they did any laboratory work to ascertain whether or not carbon filters would remove a sufficient amount of the contaminants. Mr. Wright stated they have had experience with these particular contaminants; however, they have not made any tests on the City's water. They have fairly extensive experience with the units in Florida and it is a well documented and well known technology for removing contaminants from water. Upon question by Vice-Mayor Horenburger, Mr. Wright advised a laboratory test would take a few weeks to firmly establish that these units would be effective. Mr. Dougherty stated that the experience in the industry is that activated carbon filters can become quite plugged up, particularly where you have high iron contents. Apparently, there are other materi- als besides the tetrachloroethylene material; there are also petroleum products in the wells. Vice-Mayor Horenburger questioned if they could compare some data where iron was a problem and rates, etc., and get that to the City Manager within the next few days. If they could research this the Commission would have some idea where problems have existed in that regard and where they might stand with the level of iron in the water. The City Manager advised there have been a great many tests run on the water over the past several months and he is sure that data is available in terms of the content of the water. Upon question by Vice-Mayor Horenburger as to whether or not they are talking about any significant delays by waiting a few days for more information, the City Manager stated he does not feel they should delay this any further. They have the opportunity to acquire four units which will significantly affect the quality and improve the flow of water and he feels they should not avoid that opportunity. At this point the roll was called to the motion. -5- 3/8/88 418 Mayor Campbell returned to the Commission Chambers at this time. Mrs. Horenburger left the Commission Chambers at this time. 12. Atlantic Avenue Beautification Project. The Commission is to consider a proposal from Sasaki Associates, Inc., relative to engineer- ing design schedule, in the amount of $268,700. The City Manager reported that this item is a culmination of many months of design work and public meetings on the Atlantic Avenue Beautification Project being designed by Sasaki Associates in conjunc- tion with the Engineering Department and Horticulturist staff. There will be several items tonight which the Commission will be asked to consider, one being that they formally approve the design concept which has been developed. A number of people have looked at this design concept and the consensus is that this is the direction they should move in; however, there has never been a formal endorsement and approval of the design concept. Secondly, there are a number of options which are built into the design which affect the cost of the project. They are also proposing to implement this project in a phase basis: Phase 1 being downtown at the FEC Railroad east to 5th Avenue; Phase 2 being Swinton Avenue east to the Railroad tracks and Phase 3 being 5th Avenue east to the Intracoastal Waterway. They believe Phase 1 can be completed during this construction year by moving expeditiously with this proposal tonight and Phases 2 and 3 would be completed in 1989. Ian Nestler, representing Sasaki Associates, Inc., stated that the loop area encompasses the downtown core area and was established to divert traffic from Atlantic Avenue onto N.E. and S.E. 1st Streets; however, to date, it has not done a very good job. Part of what they have been tasked with is to create a more pleasant environment for the retail area and a pedestrian environment while still maintaining through traffic, parking on the street and being able to utilize the loop in a more effective fashion. He presented a rendering of Atlantic Avenue from Swinton Avenue to the Intracoastal Waterway. They are proposing a narrowing down of Atlantic Avenue by eliminating the left turn lanes and, thereby, allowing widening of the sidewalk, additional planting, paving the sidewalks and special treatment of pavement at the inter- sections. All these features are intended to bring a more pedestrian environment to the downtown business district. They have provided canopy trees along most of the streets and this will give shade to the pedestrians. They- have found that the existing road itself has some drainage problems and, through studies, they have determined that it would be a wise decision to redo the road in conjunction with the beautification of the sidewalks. Upon question by Mayor Campbell, Mr. Nestler advised that the left turn lanes have been eliminated; however, not necessarily the left turn movements. There is only a certain distance from the face of building to the face of building and the objective was to try to get some sense that the stores were closer together. There was a strong requirement from the community and the merchants that no parking be eliminated from Atlantic Avenue. Therefore, there was very little else they could do to narrow the street down. Upon question by Mayor Campbell as to what affect not removing the left turn lanes would have on this plan, Mr. Nestler stated if they were not eliminated, and the parking was left in place, you would essentially have the street as it is today and it would probably be best not to spend as much money as has been appropriated. Upon question by Mrs. McCarty as to whether or not they have the consensus of the merchants, the City Manager stated there were some major questions about the left turn lane movement. They invited repre- sentatives from the downtown community who were involved in the project to a meeting last Wednesday. It was very well attended and the consen- sus of the group was that in order to gain the full impact of the proposal, the left turn lanes would need to be eliminated even though they may have some left turn movement problems down the line. Upon question by Mr. Weatherspoon as to what the changes are between this plan and the original one, the City Manager advised there is approximately $125,000 in road reconstruction, $56,000 to lower a -6- 3/8/88 419 water main, $132,000 in additional sidewalk treatment, $83,000 in intersection treatments, $20,000 in signage and some additional costs for phasing of the project and increased project costs. The bulk of the increased costs are items which were known to be desirable and/or necessary, but which were deleted originally for budgetary reasons. Upon question by Mr. Weatherspoon, the City Manager stated the reason for phasing the project is that in order for them to get into the ground this year they will work in an area which requires as little road work as possible. The original schedule was an ambitious schedule and the decision regarding the roadwork was not made until September. Upon question by Mr. Weatherspoon, Mr. Nestler stated the basic services have increased because the value of construction has increased and there are additional services which have been added into the scope of work. Initially, this was planned as one project to be done at one time; it is now broken into three phases and, in some cases, triples their work. Mrs. McCarty stated that in their material they refer to fast tracking and the fact that this would make additional costs. She questioned how much money is built into these figures because of' the fast tracking. Mr. Nestler stated that the detailed estimate of proba- ble construction cost could probably be lumped into the category of being a direct result of the fast tracking. Upon question, Mr. Nestler stated the reason they are not on schedule is a result of many factors. It is their responsibility to make sure that the City knows all the things they need to do; however, they cannot control how long it takes for the City to achieve those items. Anthony Williams stated he noticed that the phases concern Swinton Avenue and head east. He questioned if the City has any time frame in establishing a phase for the area between 1-95 and 5th Avenue. Mayor Campbell advised the area between 1-95 and Swinton Avenue is in a different project, which~ is the Beautification Project. This will begin this summer and will have a different contractor and program. The City Manager advised this project is in the design phase now and the improvements should start within 18 months. Upon question by Lillian Feldman, Mayor Campbell advised if all of the project were completed the total cost would be $2.3 million. She questioned who is going to pay the difference between the original plan and the new one. The City Manager stated he anticipates that it will be part of the Capital Improvement Program. Mrs. Horenburger stated she would like to know how the elimina- tion of the left turn lanes will affect the traffic performance and level of service on Atlantic Avenue. Gerald Church, City Engineer, stated that they have had the plan reviewed by a traffic engineer and, basically, they have enough capacity on Atlantic Avenue to carry over 20,000 cars per day. When Atlantic Avenue opens without the turns, there will be a level of service F at several intersections. It was felt that if they could divert 20% more traffic off Atlantic Avenue onto the one way pairs they would be able to get a condition which exists today. Presently, Atlantic Avenue is at a level of service C. Mrs. Horenburger stated they are talking about bringing the level of service down to F, until 20% of the traffic is diverted. There are merchants in the downtown who are complaining that they presently do not have enough business and traffic. She has a real problem with this. Ken Ellin~sworth, Chamber of Commerce, stated that at the meeting they had last Wednesday, the consensus was that they need to do something now. There was a great deal of concern regarding the left turn lanes; however, they felt they should go ahead with the plan as presented. Mrs. Horenburger stated she feels they are locking themselves into a corner and hopes the people in the downtown area understand that if they go ahead and widen the sidewalks and eliminate the left turn lanes, some time in the future they are going to lose the parking on Atlantic Avenue. There is no guarantee that people will use the one way -7- 3/8/88 pairs and she has some serious reservations about losing the ability to move traffic along Atlantic Avenue in exchange for beautified sidewalks. Mayor Campbell suggested that they have a special meeting next week and vote on this at that time. This will give them additional time to study the plan and get additional input from the community. Mr. Weatherspoon questioned what the difference in price would be if they did not fast track the project. Mr. Nestler stated they are splitting the project into three phases with the ability to get the first phase done quickly because it does not involve coordination with DOT, the FEC Railroad and a lot of other organizations they cannot control. The other part of the fast track is for Sasaki Associates to take over the coordination and management of the project until construc- tion begins and that will cost about $5,000. The fact that the project is broken into three phases escalates the cost .of the project by approx- imately $100,000 and approximately another $100,000 for the mobilization and demobilization that the contractor needs to go through. Discussion was had on whether the project should be done in phases or at the same time, and the affect it will have on the seasonal traffic. Mrs. Horenburger left the Commission Chambers at this time. The City Manager stated that if the City wants to get in the ground this year, and have a manifestation of the downtown improvement program in the ground in 1988 and come out before the season starts in November, then they need to act on phasing the project. If it is not a concern, then they could postpone the entire project until 1989 and do it all at one time. Upon question by Mr. Dougherty, Mr. Church advised the N.E. 1st Street storm drainage will be going in this summer and a portion of it drains down to Atlantic on N.E. 4th Avenue. Mr. Weatherspoon moved to postpone this item to a Special Meeting next Tuesday night, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Weatherspoon stated he would like to know, for the meeting next week, what the additional cost will be to do the project in three phases versus one phase. Mrs. Horenburger returned to the Commission Chambers at this time. 13. Ordinance No. 9-88. Ordinance No. 9-88, establishing the Del-Ida Park Historic District, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held March 22, 1988. The City Manager presented Ordinance No. 9-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN AREA BOUNDED ON THE WEST BY SWINTON AVENUE, ON THE SOUTH BY N.E. 4TH STREET, ON THE NORTH BY N.E. 8TH STREET, AND ON THE EAST BY THE FLORIDA EAST COAST RAILROAD; AN HISTORIC PRESERVATION DISTRICT; AMENDING THE ZONING MAP OF DELRAY BEACH, FLORIDA, 1983; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 9-88 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -8- 3/8/88 421 14. Ordinance No. 10-88. Ordinance No. 10-88, annexing the former Germantown right-of-way with a Commercial (C) zoning designation, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 12th. The City Manager presented Ordinance No. 10-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATION IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF LINTON BOULEVARD AND GERMANTOWN ROAD; 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 SC (SPECIALIZED COMMERCIAL) DISTRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 1~0-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. 15. Emergency Ordinance No. 12-88. Ordinance No. 12-88, allowing the City's Code Enforcement staff and Code Enforcement Board to partici- pate in our water conservation effort, is before the Commission for consideration on First and FINAL Reading. The City Manager presented Emergency Ordinance No. 12-88: AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRA- TION'', ARTICLE VI, "CODES ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-102, "APPLICABILITY", TO PROVIDE THAT THE CITY'S CODE ENFORCEMENT BOARD SHALL HAVE CONCURRENT JURISDICTION TO HEAR AND DECIDE CASES INVOLVING VIOLA- TIONS OF CHAPTER 29, "WATER AND SEWERS", ARTICLE II, "WATER SERVICE", DIVISION 2, "EMERGENCY RESTRICTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Emergency Ordinance No. 12-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Emergency Ordinance No. 12-88 on First and FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 16. Emergency Ordinance No. 13-88. Ordinance No. 13-88, containing the City's emergency water restriction language and allowing alternative water restrictions to be enforced or be invoked by the City Manager and enforced under Chapter 29, is before the Commission for consideration on First and FINAL Reading. The City Manager presented Emergency Ordinance No. 13-88: AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", ARTICLE II, "WATER SERVICE", DIVISION 2, -9- 3/8/88 422 "EMERGENCY RESTRICTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-47, "DECLARATION OF WATER SHORTAGE CONDITION; WATER SHORTAGE EMERGENCY", TO PERMIT THE CITY MANAGER TO INVOKE ALTERNATIVE WATER RESTRICTIONS TO WATER RESTRICTIONS CONTAINED WITHIN CHAPTER 40E-21, OF THE FLORIDA ADMINIS- TRATIVE CODE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Emergency Ordinance No. 13-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Emergency Ordinance No. 13-88 on FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time. 17. Request for Variance by Jeanne Stahl - 1026 Seasage Drive. The Commission is to consider a request for a variance by Jeanne Stahl to allow the construction of a dock at 1026 Seasage Drive. The City Manager advised this item originated from the Code Enforcement Board's meeting of January 26th where the applicant was found in violation of Chapter 9 of the Code, which requires a 10 foot setback from adjacent property lines for boat docks. Initially, the boat dock was constructed at 1026 Seasage Drive without benefit of an engineering permit. Subsequently, a permit was obtained; however, the construction was accomplished too close to an adjacent neighbor's property. The CEB determined that in fact this was the case, and allowed Mrs. Stahl 60 days to correct the violation by either receiving a variance from the City Commission or removing the portion of the dock built closer than 10 feet to the adjacent property line. The Commission is acting tonight in an appellate form to hear the applicant. Jeanne Stahl, 1026 Seasage Drive, stated when she was told she needed a permit she applied immediately and the City issued her one to build the dock. The engineer she hired then proceeded to build the dock and she was under the assumption that it was all right to do so. This dock does not obstruct the view of her neighbor or degrade the value of any property. The City Manager clarified that there is no staff recommenda- tion on this item as the Commission is to make a decision following the hearing. The Code Enforcement Board's decision was that it did not comply with the Code and Mrs. Stahl had the option of either obtaining a variance or removing the offending dock. Upon question by Mr. Dougherty as to whether or not either of her neighbors have complained, Mrs. Stahl stated her neighbor to the south has no objection; however, she has not personally heard from her neighbor to the north. The City Attorney advised the neighbor to the north has written a letter and called the Engineering Department, but did not appear at the CEB meeting. The City Manager stated it is staff's understanding that the dock was not built according to the plans reviewed when the permit was issued. Mrs. McCarty stated that the contractor Mrs. Stahl hired should have known that an inspection is required once something is built. The City Manager suggested that they continue this item to the next regular meeting. This will give them time to research this issue and they will abate any fine which the CEB levied. The person who can verify the staff work is not available this evening and he feels they need that information. -10- 3/8/88 423 Mrs. Horenburger moved to postpone this item to the next regular meeting, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Site Plan Modification to Boca Ray Center. The Commission is to consider a request for a site plan modification to the Boca Ray Center, from Randy Stevenson of Post, Buckley, Schuh & Jernigan, Repre- sentative for NCNB National Bank, for a free standing drive-through bank. The City Manager advised this is a site plan' modification to the Boca Ray Center, located at Military Trail and Linton Boulevard to accommodate a free standing drive-through bank on an existing outparcel. The Planning and Zoning Board heard this item at its meeting on February 22nd and, initially, denied the site plan modification. The applicant has appealed that decision. Mayor Campbell stated this, essentially, is an outparcel site that exists on a site plan which the Commission has already approved. On the current site plan it shows a restaurant use and the applicant is wanting to substitute a bank use for that restaurant use. Mr. Dougherty moved to approve the site plan modification, seconded by Mrs. McCarty. Mr. Kovacs stated that he would like some additional con- ditions: (A) there is a finding regarding the revised circulation layout providing an equal circulation system, (B) that administrative relief is granted pursuant to Sec. 30-18(F) (2) to allow the reduction of three additional parking spaces from the total parking required, (C) that the revised site plan does not significantly alter the basis of findings required for the evaluation of site plans from that which existed for the previously approved site plan and thus the site plan is approved subject to the following conditions: 1. Correction to the site data table. Presently it shows site uses of 8% building, 42% landscaping, and 37% parking all of which do not add up to 100%. 2. That the site plan reflect parking spaces to be double stripped pursuant to code section 30-18-C5. 3. That a handicap ramp be provided at the handicap parking area. 4. Verification that the bank can use dumpster facilities of the Boca Ray Center; otherwise, provisions must be made for trash collection devices. This matter to be resolved prior to the projects appearance before the CAB. 5. That the landscape plan include the notation that all plant materials will be Florida #1 or better, all plant materials to receive 100% irrigation coverage. And that corrections be made relative to symbols CS and PG on the landscape plan and the plant list. 6. That the width of landscaping along Military Trail be increased to thirty feet (30') pursuant to Code. 7. That the staff inform the CAB of the Board's request that they pay particular attention to the need to provide extensive screening and buffering between the teller facilities and Military Trail --- at the time the project goes before the CAB for approval of elevations and landscaping. 8. That pursuant to 30-22-E-1, this approval shall be valid for a period of eighteen (18) months from this date of approval. Mr. Dougherty amended his motion to include the conditions, Mrs. McCarty amended her second. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Site Plan Approval - Priest Commercial Property on North Federal Highway. The Commission is to consider a request for site plan approval for commercial property on North Federal Highway between Dixie Highway and U.S. 1, adjacent to N.E. 16th Street. (Owner and Agent, -11- 3/8/88 424 O.D. and Mary Priest). Approval is recommended, subject to the follow- ing stipulations: 1. The finished floor elevation be at least 18 inches above grade of Dixie Highway. 2. The site plan be revised to indicate the area formerly identi- fied as sidewalk along Dixie as being sodded. 3. That the final plat be approved prior to issuance of a building permit. 4. That a landscaping plan approved by the City Horticulturist be included prior to receipt of plans for plan check by the Building Department to include provision of sod and irrigation in the 3.5 foot planter along Federal Highway and to adjacent roadways, Dixie and'Federal. 5. This site plan approval is valid for 18 months pursuant to Section 30-21-E of the Zoning Code. Mrs. Horenburger stated she has a question about the loading and dumpster areas. On the plans there were two different locations for the dumpster; one section had the dumpster a little bit to the east and another had it in the northwest corner. Also, the loading area was all the way to the west and she questioned how this might affect the traffic circulation. Mrs. McCarty stated that the elevation which is referred to as the rear is really the side. She has a major concern with what you see when you head north on Federal Highway. Mrs. Horenburger stated when she questioned a Planning and Zoning Board member about that, they stated that there is a building right next to it and that you would not see that side. However, she questioned what would happen if the build- ing was demolished. Mrs. Horenburger stated this is a sideways building and there is a small barrel tile roof on the east, north and west; however, it does not continue along the south which is where you could see it if the other building was not there. Mrs. McCarty stated she would like to see the barrel tile around the entire building and more trees. Upon question by Mrs. McCarty as to whether or not she can request more trees, the City Attorney stated that even if they meet the minimum, the Commission could still deem that the landscaping is insuf- ficient and require additional buffering. Upon question by the City Manager as to whether the site plan reflects the comments and review by the City Horticulturist, Mr. Kovacs stated that generally the site plans do reflect those comments. Mrs. McCarty moved to approve the site plan, subject to the parapet being extended around the southern face exposure, and all the conditions, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 19. Conditional use Permit Request CU-6-226. The Commission is to consider a request for a conditional use permit for an infant care center at N.E. 2nd Avenue, north of 17th Street. (Owner - Delray Beach Primitive Baptist Church, by applicant Lelius H. Chapman). Approval is recommended, subject to the following stipulations: 1. That detailed grading, drainage and construction plans be submitted to and accepted by the Building Department in con- junction with the building permit required for the parking lot. -12- 3/8/88 425 2. That a final landscaping plan, in a form suitable to the City Horticulturist, be provided prior to application for a building permit. Said plans must reflect the following: a. a standard note that "all plant materials added pursuant to this use request shall have 100% irrigation coverage". b. a non-mountable curb must be installed around the parking lot entry. c. location of the trash area and appropriate treatments of the trash enclosure. 3. That the site plan be corrected to reflect the following: a. six foot fencing for the outside play area. b. a typical "parking space" exhibit added showing the dimensions of the space and its (double) stripping. c. addition of a pedestrian walkway extending from the present walkway to Seacrest. d. addition of the "Do Not Enter" sign and pavement marking (stop bar) at the point of egress. 20. Conditional use Permit Request CU-6-227. The Commission is to consider a request for a conditional use permit for construction Of a new church and attendant site plan on the north side of S.W. 8th street, between Swinton Avenue and S.W. 2nd Avenue. (Owner - Christ Missionary Baptist Church, by applicant James E. Blue). Approval is recommended, subject to the following stipulations: 1. That the site plan be revised to reflect the following: a. reduction of drop-off drive to 13 feet; b. provision of "Do Not Enter" signs, as appropriate; c. provision of pavement markings (stop bard) as appropriate; d. provision of non-mountable curbing between travelways and adjacent landscape areas; e. relocation of the Ixora, as appropriate. 2. That the final landscaping plans and elevations be approved by the CAB prior to acceptance of any plans for plan check by the Building Department. 3. That a fire hydrant be installed near the east entry. 4. That a final plat be prepared and approved prior to issuance of a building permit. 5. Pursuant to 30-21(E) and 30-22(E), that the approval for this conditional use and site plan be for a period of eighteen months following City Commission action on the Board's recom- mendation. 21. Conditional Use Permit Request CU-6-228. The Commission is to consider a request for a conditional use permit and approval of site plan for establishment of a child care center on S.W. 6th Avenue and S.W. 4th Street. (Owner and applicant - William and Carolyn Young). Approval is recommended, subject to the following stipulations: 1. Arrangements for installation of a sidewalk along S.W. 4th Street, five feet in width. 2. Resolution of onsite drainage approved by the City Engineer should be included on the final plat submission. 3. A revised landscape plan approved by the City Horticulturist shall be approved prior to action on the final plat. 4. Approval of the conditional use and site plan is valid for a period of 18 months following City Commission action pursuant to Section 30-22-E-1 and 30-21-E-1 of the City Code. 22. Conditional use Permit Request CU-6-229. The Commission is to consider a request for a conditional use and site plan approval for construction of a community facility within the Fairways of Delray Subdivision on the east side of Homewood Boulevard between Lowson and Atlantic Avenue. (Agent - Seagull Associates South Corporation). Approval is recommended and said approval is valid for a period of six months pursuant to Section 30-21(E) and 30-22(E) of the Zoning Code. -13- 3/8/88 426 24. Request for Waiver of Processing Fees. The Commission is to consider a request for waiver of conditional use and site plan fees at 35 N.E. 1st Avenue. (Owner - Bible Church of God/Delray, by Applicant Pastor David Gray). Denial is recommended. 25. Annexation and Water Service Request. The Commission is to consider a request to annex property on North Federal Highway, adjacent to N.E. 22nd Street. (Owner - Borton Volvo, by Applicant Roger Saberson). Approval is recommended, subject to the stipulations noted below, pending submission of a standard water service agreement request including application for annexation, and pending analysis of our present water supply resources to assure adequate supply: 1. That a complete petition for annexation, including full pro- cessing fees, be submitted and deemed acceptable for processing prior to execution of the water service agreement. 2. That disposition of the code violation dealing with the lack of back-up maneuvering area be accommodated by acceptance of the existing situation. 3. That the full five foot landscape strip along the south proper- ty line be provided without encroachment by display parking~ and this be reflected via a site plan revision. 4. That the CBS will receive architectural treatment in a manner approved by the CAB. 5. That the petitioner provide documentation relative to the specifications of the lighting standards and their illumina- tion; if said documentation reveals a conflict with City code requirements, a program for correction be presented to the City Commission concurrently with its consideration of the water service agreement request. 6. That the landscaping along the western border be changed pursuant to the City Horticulturist. 26. Water Service Request - Corner of Lake Drive and Denver Drive. The Commission is to consider a request for water service for property located at the corner of Lake Drive and Denver Drive. (Owner/Applicant - Mr. and Mrs. Andrew Smith). Approval is recommended. 27. Offer for Sale of Property. The Commission is to consider an offer for sale of property to the City at Atlantic Avenue and N.W. 9th Avenue by Mr. and Mrs. Anthony Williams. It is recommended that the CommisSion authorize staff to negotiate acquisition of the property and that an appraisal of value be obtained. 28. Resolution No. 12-88. Resolution No. 12-88, assessing costs for removing junked and/or abandoned vehicles from five different locations throughout the City, is before the Commission for considera- tion. The caption of Resolution No. 12-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 14 OF THE CODE OF _ ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 12-88 is on file in the official Resolution Book) 29. Resolution No. 13-88. Resolution No. 13-88, assessing costs for abatement action required to remove an unsafe building on property at 122-124 S.W. 12th Avenue, is before the Commission for consideration. The caption of Resolution No. 13-88 is as follows: -14- 3/8/88 427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. {Copy of Resolution No. 13-88 is on file in the official Resolution Book) 30. Resolution No. 14-88. Resolution No. 14-88, assessing costs for abating nuisances for 63 parcels of property at various locations throughout the City, is before the Commission for consideration. The caption of Resolution No. 14-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 14-88 is on file in the official Resolution Book) 31. Resolution No. 15-88. Resolution No. 15-88, abandoning a utility easement in Rainberry Bay, Section 8, requested by Dimentional Builders & Associates, Ltd., is before the Commission for consideration. The caption of Resolution No. 15-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL THAT PORTION OF THE TEN (10) FOOT UTILITY EASEMENT LYING ACROSS THE WESTERLY SIDE OF LOT 13, RAINBERRY BAY, SECTION EIGHT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 47 ON PAGES 67 AND 68 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE NORTH TEN (10) FEET THEREOF AND ALSO LESS THE SOUTH TEN (10) FEET THEREOF. (Copy of Resolution No. 15-88 is on file in the official Resolution Book) 32. Award of Contracts. It is recommended that contracts be awarded as follows: 1. Lot Clearing and Mowing (Bid No. 88-44) - Various Prices. a. Bob's Mowing and Land Clearing b. Walcott and Son c. Coastal Construction Service 2. McCartney Plante Daley Associates - $16,000 + expenses 3. Installation of raw water main - Solo Construction Company - $536,650. Mrs. McCarty moved to approve the Consent Agenda, as modified, seconded by Mr. Dougherty. Upon roll call the Commission voted as -15- 3/8/88 428 follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. PROCEDURAL ITEMS 33.1. James Bowen, representing PROD, furnished the Commission with copies of a letter from PROD's Board of Directors relative to the Planning and Zoning Board. He stated he has been instructed by the Board to write to the Commission and ask for the resignation of Robert Currie from the Planning and Zoning Board. They feel that his affilia- tion with Ocean Properties and subsequent appearances before the Commis- sion and Board of Adjustment are clear evidence of a conflict of inter- est. They also feel that recent meetings of the P&Z Board, on certain controversial subjects, have been handled in an arrogant, arbitrary and prejudicial manner. His Board of Directors ask that this subject be placed on the agenda for the next regular meeting. He hopes that no one makes any interpretation of this other than a strict interpretation of the words "conflict of interest". 33.2. Marilyn Carr, 2101 North Federal Highway, stated that on the Consent Agenda this evening there was an item for annexation of property immediately north of her property. She does not understand how that property is contiguous to the City when her property is in the County. Vice-Mayor Horenburger advised the item dealt with a water service agreement and eventual annexation when they do become contigu- ous. 33.3. Minerva Schwall, President of the Strokers Club, advised a stroker is someone who has suffered a stroke. They have a club in Delray and also meet at Bethesda Hospital. She is requesting that the Commission do something for their club and advise them how they can approach the people who do things for the handicapped. Vice-Mayor Horenburger requested that Mrs. Schwall give the Commission her telephone number and address. The City Manager stated that he will have someone from the Parks and Recreation Department's Wellness Program contact Mrs. Schwall. 33.4. Sam Schwimer, Pines of Delray, stated he has had a lot of people approach him and bring up the subject of the prices being raised for the parking meters at the beach. He stated he would like the Commission to consider that people who buy residents only parking permits be allowed to use any parking space on the beach without paying additional fees. 34. Mrs. McCarty moved to approve the minutes of the Regular Meeting of February 23, 1988, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 35.a.1. Mr. Dougherty stated he would like to compliment staff on their preparation of the affirmative action report; it is very thorough and complete. 35.a.2. Mr. Dougherty stated he is sometimes bothered by the lack of appropriate detail and information furnished the Commission in making major decisions. He feels the City Manager has an opportunity to correct this. 35.a.3. Mr. Weatherspoon questioned the status of his request to have the School Board come to Delray and make a presentation. The City Manager advised he has been unable to make contact with Mr. Mills. Mr. Weatherspoon stated the School Board will make their decision regarding school boundaries on the 16th and he feels it is imperative that the Commission be apprised of the different plans. 35.a.4. Mr. Weatherspoon stated, with regard to recreation fields, that he is not sure who is responsible for maintaining them, but the grass at Carver Middle School is slowly becoming weeds. The City Attorney -16- 3/8/88 429 advised they have a joint agreement with the School Board and they are supposed to be maintaining the grounds; however, the City is doing so at this time. 35.a.5. Mr. Weatherspoon stated it was brought to his attention that they are charging people to use recreation fields, particularly the baseball field at night. He would like to have a summary of what it costs to light the fields at night and the revenue being generated from the fees they are charging. Also, he would like any alternate solutions to recoup that charge. 35.a.6. Vice-Mayor Horenburger stated she was at a meeting at the Pines of Delray North and found it very difficult getting in and out because of the construction on Congress Avenue. Commissioner Marcus was at the same meeting and they told the people there that they would do all they could to get a light in there as quickly as possible. 35.a.7. Vice-Mayor Horenburger stated Palm Beach County has imposed a traffic performance standard and they have been seeing problems with the Town of Palm Beach Gardens who have developers wanting to annex into the town to get a break on impact fees and traffic performances. There has been a lot of talk about trying to urge the cities to look at~ the County's traffic performance standards since so many of their arterial roads are in ~nunicipalities. She would like the concurrence of the Commission to look at the County's traffic performance standards and, possibly, be one city to voluntarily do it. The City Manager stated they will be looking at their own standards in the traffic element of the Comprehensive Plan and also any inconsistencies. Upon question by the City Manager, Mr. Kovacs stated there is nothing they need to be doing prior to this; however, he will read through the County's traffic performance standards to see if they have an applicability in the City. Mrs. McCarty left the Commission Chambers at this time. 35.b. There were no Non-Agenda items by the City Attorney. 35.c. The City Manager advised he has received an invitation from the Delray Beach National Little League to have the Commission present at their opening ceremonies on Saturday, March 19th and Monday, March 21st. Vice-Mayor Horenburger declared the meeting adjourned at 9:45 P.M. ATTEST: The undersigned is the City Clerk of the City of De]ray Beach and that the information provided herein is the minutes of the meeting of said City Commission of March 8, 1988, which minutes were formally approved and adopted by the City Commission on.~,~ F--~/F~. NOTE TO READER: -17- 3/8/88 430 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- 3/8/88