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03-22-88438 MARCH 22, 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 7:05 P.M., Tuesday, March 22, 1988. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger (Arrived 7:52 P.M.) 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 Ralph Phipps, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell presented the following proclamations: a. National Community Development Week - April 2-9, 1988. b. Days of Remembrance of the Victims of the Holocaust - April 10-17, 1988. c. Delray Beach Library Golden Jubilee - April 17, 1988. d. Arbor Month - Month of April, 1988. 5. Ms. McCarty requested Item No. 33 be removed from the Consent Agenda and placed as the last item on the Regular Agenda. The City Attorney stated he has two items he is requesting the Commission to vote on tonight; one being the acceptance of a settlement offer in regard to the Department of Insurance Case and the second is with regard to authorizing the City Attorney's Office to institute the proper litiga- tion relative to the Water Well Contamination Case. Mayor Campbell stated since they are not on the pre-printed agenda, an emergency declaration is needed. The City Manager stated another item to be added is an emergency Water Service Agreement, which was approved last night at the P&Z Board Meeting. Staff has reviewed the request and recommends approval. The applicant will be billed for the installation. Mr. Weatherspoon moved to approve the agenda, moving Item No. 33 to the end of the Regular Agenda, making it Item No. 23.a., adding Items 23.b. and 23.c. from the City Attorney's request and adding an additional item to the Consent Agenda, being the Vickery Water Service Agreement and accepting this as an emergency decree, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. The City Manager stated another major item that should be added is Item No. 35.b., which is the Sasaki Contract for Atlantic Avenue Beautification. Mr. Weatherspoon modified his motion to add the Sasaki Contract to the end of the Regular Agenda, making it Item No. 23.d., Ms. McCarty modified her second. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARING Mayor Campbell left the Commission Chambers at this time and Deputy Vice-Mayor Weatherspoon took the chair. 439 6. Ordinance No. 8-88 - Annexing a 6.37 acre parcel. Ordinance N--~. 8-88, annexing a 6.37 acre parcel located at the northwest corner of Federal Highway and LaMat Avenue in Enclave 50, along with a zoning request of SC (Specialized 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. 8-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE NORTH SIDE OF LA MAT AVENUE, BETWEEN U.S. HIGHWAY NO. 1 AND OLD DIXIE HIGHWAY; 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; PROVID- ING AN EFFECTIVE DATE. (Copy of Ordinance No. 8-88 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. Mr. Dougherty moved for the adoption of Ordinance No. 8-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. McCarty - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 7. Ordinance No. 9-88 - Establishing the Del-Ida Park Historic District. Ordinance No. 9-88, establishing the Del-Ida Park Historic District, 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. 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. (Copy of Ordinance No. 9-88 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. Mr. Dougherty moved for the adoption of Ordinance No. 9-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. McCarty - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time. REGULAR AGENDA -2- 3/22/88 44O 8. Ordinance No. 4-88 - Proposed Amendment Requlatinq Height Limitations throughout the City. Ordinance No. 4-88, amending Chapter 30, relative to height regulations throughout the City, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 12th. The City Manager presented Ordinance No. 4-88: 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 30-5 "R-IAAA, R-iAAA-B, R-1AA, R-1AA-B, R-lA, R-1A-B (SINGLE FAMILY) AND R-1A-C (SINGLE FAMILY/DUPLEX DWELLING) DISTRICTS" , SUBSECTION (I) "BUILDING HEIGHT" , SECTION 30-5 . 1 "ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT" , SUBSECTION (G) "BUILDING HEIGHT", SECTION 30-5.5 "RL (LOW TO MEDIUM DENSITY DWELLING) DISTRICT" , SUBSECTION (I) "BUILDING HEIGHT" , SECTION 30-6 "RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT" , SUBSECTION (I) "BUILDING HEIGHT" , SECTION 30-6.5 "RM MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", SUBSECTION (I) "BUILDING HEIGHT", SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT", SUBSECTION (I) " BUILDING HEIGHT", SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT", SUBSECTION (I) "BUILDING HEIGHT", SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT", SUBSECTION (I) "BUILDING HEIGHT", SECTION 30-8.1 "PRD-4 (PLANNED RESIDENTIAL) DISTRICT", SUBSECTION (H) "BUILDING HEIGHT", SECTION 30-8.2 "PRD-7 (PLANNED RESIDENTIAL) DISTRICT", SUBSECTION (H) "BUILDING HEIGHT" , SECTION 30-8 . 3 "PRD-10 (PLANNED RESIDENTIAL) DISTRICT" , SUBSECTION (H) "BUILDING HEIGHT" , SECTION 30-8.4 "PRD-L (LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT", SUBSECTION (H) "BUILDING HEIGHT", SECTION 30-8.5 "PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT", SUBSECTION (H) "BUILDING HEIGHT", SECTION 30-8.6 "MH (MOBILE HOME PARK) DISTRICT", SUBSEC- TION (J) "BUILDING HEIGHT", SECTION 30-8.7 "RO (RESIDEN- TIAL OFFICE) DISTRICT", SUBSECTION (I) "BUILDING HEIGHT", SECTION 30-9 "NC (NEIGHBORHOOD COMMERCIAL) DISTRICT", SUBSECTION (H) "BUILDING HEIGHT", SECTION 30-10 "CC (COMMUNITY COMMERCIAL) DISTRICT", SUBSECTION (H) "BUILD- ING HEIGHT" , SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" , SUBSECTION (H) "BUILDING HEIGHT" , SECTION 30-12 "SC (SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (H) "BUILDING HEIGHT" , SECTION 30-13 "CBD (CENTRAL BUSINESS) DISTRICT" , SUBSECTION (H) "BUILDING HEIGHT" , SECTION 30-13 . 1 "LC (LIMITED COMMERC. IAL) DISTRICT" , SUBSECTION (G) "BUILDING HEIGHT", SECTION 30-13.2 "ACT (AGRICULTURAL COMMERCIAL TRANSITIONAL) DISTRICT", SUBSEC- TION (G) "BUILDING HEIGHT", SECTION 30-14 "LI (LIGHT INDUSTRIAL) DISTRICT", SUBSECTION (H) "BUILDING HEIGHT-, SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT", SUBSEC- TION (H) "BUILDING HEIGHT", SECTION 30-15.1 "SAD (SPECIAL ACTIVITIES) DISTRICT", SUBSECTION (H) "BUILDING HEIGHT", SECTION 30-15.2 "PCC (PLANNED COMMERCE CENTER) DISTRICT", SUBSECTION (I) "BUILDING HEIGHT", SECTION 30-15.3 "POC (PLANNED OFFICE CENTER) DISTRICT", SUBSECTION (I) "BUILD- ING HEIGHT", SECTION 30-15.4 "MIC "MIXED INDUSTRIAL AND COMMERCIAL DISTRICT", SUBSECTION (H) "BUILDING HEIGHT", SECTION 30-15 . 5 "CF (COMMUNITY FACILITIES) DISTRICT" , SUBSECTION (I) "BUILDING HEIGHT", AND SECTION 30-15.6 "MOI (MEDICAL OFFICE AND INSTITUTIONAL) DISTRICT" , SUBSECTION (G) "BUILDING HEIGHT", BY REPEALING ALL OF THE ABOVE REFERENCED SUBSECTIONS RELATIVE TO BUILDING HEIGHT, AND ENACTING NEW SUBSECTIONS IN ORDER TO ESTABLISH NEW BUILDING HEIGHT REGULATIONS WITHIN SAID ZONING DISTRICTS; BY AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS", BY REPEALING SUBSECTION (A) "EXCEPTIONS TO HEIGHT REGULA- TIONS'' IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION (A) "EXCEPTIONS AND INCREASES TO DISTRICT HEIGHT LIMITA- TIONS''; BY AMENDING SECTION 30-1 "DEFINITIONS" , -3- 3/22/88 441 SUBSECTION (15) "BUILDING HEIGHT", BY AMENDING THE DEFINITION OF BUILDING HEIGHT; BY AMENDING SECTION 30-1 "DEFINITIONS", SUBSECTION (45) "GRADE", BY AMENDING THE DEFINITION OF GRADE; BY AMENDING SECTION 30-1 "DEFINI- TIONS'', SUBSECTION (92) "STORY", BY AMENDING THE DEFINI- TION OF STORY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Manager stated his summary of the ordinance in his agenda report indicated the 60 foot limitation would not require a Conditional Use, but was in error, and it will continue to be a Condi- tional Use along with a Site Plan approval. Ms. McCarty moved for the adoption of Ordinance No. 4-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mayor Campbell expressed concern relative to a number of the areas listed in the ordinance and stated he was not in favor of them. Upon question if there has been any input with regard to the CRA, the City Manager stated they are approving it with an additional request that the CBD be treated as any other area and that the setback not be imposed in the CBD. Mr. Kovacs stated the CRA did not take action to oppose it. Mayor Campbell referred to Section 31(A) (1) of the ordinance and questioned Mr. Kovacs if the P&Z Board has carefully reviewed these items as to whether the height of some buildings would surpass the 60 foot limitation by allowing these. Mr. Kovacs stated all items in that portion of the ordinance are currently exempted from the height regula- tions. The only addition was parapets and a provision for the catch-all at the end, subject to approval of the CAB. These items would not be conditional use above 60 feet. Mayor Campbell questioned if the process by which the addition- al height is allowed would be a Conditional Use process so there could be a Public Hearing. Mr. Kovacs stated there would be a notice in the newspaper at P&Z Board level, letters to property owners within 500 feet at the P&Z level, a Public Hearing would be held by the P&Z Board and they would then recommend the action to be taken. Upon question by Mayor Campbell, Mr. Kovacs stated if a build- ing does not come under the three criteria listed on Page 14 of the Ordinance, it would not be allowed. Mayor Campbell questioned if the City zoned property SAD outside the boundaries indicated on the map, is it correct to assume that a taller building could be allowed at any place in the City. Mr. Kovacs stated if the SAD is west of Congress Avenue and contained office uses, commercial uses and residential uses, it could not then go above 48 feet. The provision under Section 31(c) of the ordinance is for a use which requires Special Activities District. In the subsection on SAD the text itself, states for a residential building it is 48 feet and for a commercial in the SAD, it is 48 feet. Mayor Campbell stated he is not in favor of this at all. Ms. McCarty suggested making the first item in Section 31(A) mandatory, stating "location must be in the geographic area, before any of the other conditions are possible" Mr. Kovacs stated they would work with the City Attorney for a modification. Mr. Weatherspoon suggested perhaps the item should be placed on a Workshop agenda. The City Manager suggested as an option, the Commis- sion conduct a Public Hearing and if a number of concerns still remain, then it can be workshopped. It would be beneficial if Staff had some -4- 3/22/88 442 direction, in order that they might address or explore some of the concerns of the Commission. Mr. Dougherty stated he agrees the number of corridors desig- nated are too many and does not agree with the possibility of soon having high buildings next to single family homes with no buffer zone. He mentioned some of the highlights of the Land Use comments and recom- mendations. In referring to Section 26 of the Ordinance, he feels a limitation of 48 feet is inadequate; he would like to see building height in that zone go to 60 feet, if the City plans to encourage more commercial business, or corporations to come in. He feels the same should apply to Section 27 of the Ordinance, for a Planned Office Center District along with Section 30 of the Ordinance for Medical Office and Institutional District. Mr. Dougherty stated on Page 11 Section 31(A) (b) of the Ordi- nance, he feels the maximum height of 60 feet should be increased to a maximum of 90 feet. He also suggested Section 31(A) (b) (2) of the Ordinance, allowing 60 feet for residential use on the top floor, be changed to read from 48 feet to 90 feet for parking on the first two lower levels and/or two or more residential uses on the top floor of the structure, or to maximize the amount of open, pervious surfaces; however, the increase in intensity is only for the added residential, hotel, motel or similar related uses. Ms. Horenburger arrived at this time. Mr. Dougherty suggested an addition that would read as follows: "For each foot in height above 48 feet an additional building setback of one foot be provided between 48 and 60 feet of height, and an additional 1/4 foot of height between 60 and 90 feet. This provision shall apply to all buildings in designated areas where heights of more than 48 feet is provided herein". Another paragraph would read: "For height permit- ted above 48 feet, there shall be a minimum distance of 800 feet between buildings exceeding 48 feet in height. No building within the City limits shall exceed an elevation of 110 feet above mean sea level". Ms. Horenburger left the Commission Chambers at this time. Mayor Campbell stated this item will be placed on the Workshop Agenda next Tuesday night. At this point the roll was called to the motion. 9. Ordinance No. 11-88 - Annexinq 2 Parcels. Ordinance No. 11-88, annexing Enclave 6 consisting of two parcels totaling .76 acres located at the S.E. corner of N.W. 22nd Street and N.W. 2nd Avenue, with a proposed zoning of R-1AA, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 26th. The City Manager presented Ordinance No. 11-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 39, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF N. W. 22ND STREET AND N. W. 2ND 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 R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger returned to the Commission Chambers at this time. -5- 3/22/88 443 Mr. Weatherspoon moved for the adoption of Ordinance No. 11-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 14-88 - Annexation of Enclave 7. Ordinance No. 14-88, annexing Enclave 7, consisting of two parcels totaling one acre, located at the S.W. corner of N.W. 22nd Street and N.W. 2nd Avenue, with a proposed zoning of R-1AA, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 26th. The City Manager presented Ordinance No. 14-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 1, LAKE SHORE ESTATES, AND LOT "A", LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTH- WEST CORNER OF THE INTERSECTION OF N.W. 22ND STREET AND LAKE DRIVE, AND ON THE WEST SIDE OF THE INTERSECTION OF N.W. 22ND STREET AND LAKE DRIVE; REDEFINING THE BOUNDA- RIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DIS- TRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 14-88 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 15-88 - Annexation of Enclave 9. Ordinance No. 15-88, annexing Enclave 9 containing one parcel totaling .45 acre consisting of one single family residence with a proposed zoning of R-1AA and located south of N.W. 22nd Street on the east side of the cul-de-sac at the end of N.W. 4th Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 26th. The City Manager presented Ordinance No. 15-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 19, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED SOUTH OF N.W. 22ND STREET, ON THE EAST SIDE OF THE CUL-DE-SAC AT THE END OF N.W. 4TH AVENUE; 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 R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 15-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 16-88 - Annexation of Enclave 11. Ordinance No. 16-88, annexing Enclave 11, located on the west side of the cul-de-sac 6 3/22/88 444 at the south end of Lake Drive, consisting of one parcel totaling .79 acres with a proposed zoning of R-1AA, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 26th. The City Manager presented Ordinance No. 16-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 5, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF THE CUL-DE-SAC AT THE SOUTH END OF LAKE DRIVE; 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 R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 16-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 13. Ordinance No. 17-88 - Annexation of Enclave 12. Ordinance No. 17-88, annexing Enclave 12, located on the west side of the cul-de-sac at the south end of N.W. 4th Avenue and on the north side of N.W. 18th Street between N.W. 4th Avenue and Lake Drive, containing two parcels totaling .85 acres with a proposed zoning of R-1AA, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 26th. The City Manager presented Ordinance No. 17-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 15, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LOT 2, SECOND ADDITION TO HIGH ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNT, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF THE CUL-DE-SAC AT THE SOUTH END OF N.W. 4TH AVENUE, AND ON THE NORTH SIDE OF N.W. 18TH STREET, BETWEEN N.W. 4TH AVENUE AND LAKE DRIVE; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 17-88 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. 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 Mr. Weatherspoon as to the reason Enclave 8 was not annexed, Mr. Kovacs stated Enclaves 8 and 10 have previously been annexed. At this point the roll was called to the motion. -7- 3/22/88 445 14. Request for a Variance by Jeanne Stahl - Dock Construction. A 'request for a variance by Jeanne Stahl to allow an existing boat dock to remain at 1026 Seasage Drive, is before the Commission for considera- tion. Mr. Weatherspoon moved to approve the request for a variance, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Dougherty - No; Ms. Horenburger - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Dougherty questioned if a response has been received from the neighbor. Gerald Church, Director of Public Works/City Engineer, stated a letter has been received from an attorney representing the property owner to the north taking exception to the dock. Ms. Horenburger stated the work was begun without a permit, a permit was obtained with the City approving the plan with a ten foot setback, the construction was completed incorrectly with no inspections, it has been found to be in violation by the Code Enforcement Board and she does not feel she can vote in favor of this. Mr. Church stated a Certificate of Completion was issued by the City in error in June of 1987. Upon question by Mr. Dougherty, the City Attorney advised that assuming the plans were approved, a building permit was issued and the dock was not constructed according to the plans submitted to the Build- ing Department, it is his opinion that a Certificate of Completion issued by the Engineering Department caused no detrimental hardship to the property owner. It is his understanding the permit was issued correctly, but the work was accepted in violation of the permit and the code. That being the case, the Certificate of Completion, issued in error, can be voided, revoked and the property owner required to make the dock conform. Mr. Dougherty questioned the position of the adjacent property owner, should the Commission approve the variance. The City Attorney stated the Commission has a procedure that permits variances and since it is after the fact, he feels the Commission has the authority to grant the variance. Mr. Weatherspoon questioned if the inspector is required to check the workmanship for quality or the fact that it complies with the setbacks, etc. The City Attorney advised that is correct, especially to make sure it is built according to the approved plans. Mr. Weatherspoon stated he was told the two sets of plans did not correspond. He feels that since there was only a five foot difference and both the City and the property owner were at fault, the Commission should allow the variance and fine the owner. The Attorney representing Mrs. McArthur, stated Mrs. McArthur complained to the City the day the first piling was being installed, which is five feet into the setback. At that time the inspector in- formed the contractor and the owner of the property the pilings must be removed and the dock must be built to conform to the approved plans. The contractor was absent for some time, returning to complete the dock upon the departure of Mrs. McArthur, when she left on vacation. He feels a boat tied to a dock is different than a flat dock in that it interferes with the view of abutting landowners. Granting a variance and fining the dock owner gives no relief to Mrs. McArthur. Mr. Dougherty requested confirmation from Mr. Church relative to the driving of the first piling and the completion of the dock. Mr. Church stated he could not positively support the statements made by Mrs. McArthur's attorney because that inspector has since left the City's employ. He can confirm the inspector did inspect the job and informed the contractor and owner they needed a permit. -8- 3/22/88 446 Ms. McCarty expressed concern that both sets of plans did not contain the same information and feels the City did not do its job. Upon question the City Attorney stated if the Code requirement was not explained to the person, it still remains a Code requirement, and that inspector, or individual, issuing the permit would not have the authori- ty to waive; only the Commission or the Board of Adjustment has that authority. He feels the issue is, did the City wrongfully issue the permit upon erroneous information, or plans, shoWing the setback to be closer. Mr. Church stated the plans did not indicate the improper setback dimensions, and if the contractor failed to comply, and the City approved it only after the fact, he feels the Commission has the author- ity to revoke the Certificate of Completion without consequence. Mrs. McArthur's attorney requested that the portion of the dock that inhibits the setback line to the extent of five feet be removed. Ms. Horenburger made a substitute motion to deny the variance, seconded by Mr. Dougherty. Mr. Weatherspoon stated he feels the variance should be ap- proved and the owner fined one-half the cost of removing the dock. Ms. Horenburger withdrew her substitute motion, Mr. Dougherty withdrew his second. At this point the roll was called to the motion. 15. Request for Administrative Relief from Charles N. Rhein. A request for Administrative Relief to Parking Requirements in conjunction with a proposed dental facility located at 845 N.E. 6th Avenue to allow the use of compact car parking spaces in meeting on-site parking re- quirements, is before the Commission for consideration. Mayor Campbell left the Commission Chambers at this time and Deputy Vice-Mayor Weatherspoon took the chair. The City Manager stated this request fOllows a review by the Technical Review Committee recommending this be allowed in order that Mr. Rhein may use compact parking spaces in meeting on-site parking requirements. Mr. Dougherty moved to approve the request for Administrative Relief, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 16. Establishment of Filing Fees for Historic Designation. Approv- al of filing fees of $25 each for processing applications for "Nomina- tion of Historic Designation" and "Certificate of Appropriateness" is before the Commission for consideration. The City Manager stated this is an administrative charge for the processing of application fees. The P&Z Board has reviewed this and recommend approval. Ms. Horenburger moved for approval of filing fees, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. (Mayor Campbell returned before roll call). Before roll call the following discussion was had: Mr. DOugherty questioned if the charge was similar to filing plats, rezonings and things of that nature. The City Attorney advised those fees are much higher. Mayor Campbell returned to the Commission Chambers at this time. -9- 3/22/88 447 Mayor Campbell stated he would like everyone to realize the purpose of this is to encourage people to make application and voluntar- ily come in for an Historic Designation. Clemmer Mayhew, Chairman of the Historic Preservation Board, stated it was meant to be an incentive. The Board agreed on an amount of $25 to begin with and, if necessary, it can be adjusted next year. At this point the roll was called to the motion. 17. Conditional Use Request - Pylon Professional Center. Condi- tional Use Request for modification to the Pylon Professional Center to allow a business office, is before the Commission for consideration. Mr. Dougherty moved to approve the modification to the Pylon Professional Center, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Weatherspoon questioned the difference between professional and general or business offices. Mr. Kovacs stated the wording should be business offices rather than general offices. Mr. Weatherspoon expressed concern relative to the SAD Zoning, as the initial reason has not changed in its protection of neighbors to the north. Mr. Kovacs stated the recommendation of the P&Z Board last evening is to modify the SAD by allowing two specific tenants. To deal with the concerns of security at the entry, a wall to the north, a hedge to the south and drainage on the north has been included, and this all be addressed and resolved prior to consideration of any modifications to the SAD. Physical solutions to these items must be in place within 120 days of this approval and if not done, the City will then readdress the item by removing the tenants. At this point the roll was called to the motion. Mr. Kovacs stated the motion should have been subject to the recommendations of the P&Z Board. The City Attorney advised the Commis- sion should move to reconsider. Mr. Weatherspoon moved to reconsider Item No. 17, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Dougherty moved to approve the modification to the Pylon Professional Center subject to the conditions recommended by the P&Z Board, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Directions 88 - Request for $5,000 Additional Funding. A request for $5,000 additional funding toward Directions 88 under the auspices of the Delray Beach American Assembly, is before the Commission for consideration. Mr. Dougherty moved to approve the request, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. (Ms. Horenburger left the Commission Chambers before roll call). Upon question by Mr. Weatherspoon what the result will be if the funds from the private sector are not raised, Dr. Lance de Haven- Smith, Florida Atlantic University, stated they currently have $4,000 and commitments for the remainder. Dr. de Haven-Smith stated he is confident Palm Beach County would raise the additional $2,500 if the City of Delray raised an additional $5,000. -10- 3/22/88 448 Ms. Horenburger questioned if the estimated cost will be covered or could the private sector be approached again. Mr. Weatherspoon questioned what back-up plan is available if the County does not supply the necessary amount of money and the total is not there. Dr. de Haven-Smith stated if it cannot be put together, serious thought should be given as to whether or not it should be done. Ms. Horenburger left the Commission Chambers at this time. Ms. McCarty questioned the amount in the Contingency Fund. The City Manager stated there is a sufficient balance. At this point the roll was called to the motion. 19. Request for Final Plat Approval - L. L. Park of Commerce. A request for final plat approval for L. L. Park of Commerce located on the east side of North Congress Avenue just south of the L-32 Canal, is before the Commission for consideration. Mr. Kovacs stated this is for three parcels and an offer of dedication on the south property lines for the future alignment of a road. Ms. McCarty moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 20. Conditional Use and Site Plan Request - Expansion of Mazda Dealership. A request for a conditional use and attendant site plan for expansion of Mazda Dealership on South Federal Highway and LaMat Avenue, is before the Commission for consideration. The City Manager stated there is an additional item that should be added to his agenda report to make sure the motion includes stipula- tion f., which is that the sidewalk requirements along Dixie Highway be waived and that all other public sidewalks be installed concurrent with development of this parcel. Therefore, approval is recommended subject to the following stipulations: a. That lighting fixtures on the developed portion of the site be reduced to 25 feet. b. That existing encroachment of display parking be allowed within the parameter landscape along Federal Highway until such time as Federal Highway is widened and that upon widening of Federal Highway, the parameter landscaping strip shall be provided and that this arrangement shall be formalized in an agreement acceptable to the City prior to approval of the final plat. c. That the final plat be submitted through the Planning & Zoning Board to include all property within the parameter of the proposed Mazda Dealership. d. Final plat submission shall include construction documents for short term improvements of Avenue F and agreements pertaining to long term improvements of Avenue F remedial work on Federal Highway. Except that if the Department of Transportation does not permit the median improvements required, then the median improvements shall be deleted from the conditions of approval. e. Approval set forth in this conditional use and site plan shall be valid for a period of 18 months pursuant to City Code sections. f. That the sidewalk requirements along Dixie Highway be waived and that all other public sidewalks be installed concurrent with development of this parcel. Roger Saberson, Attorney for the applicant, stated the Planning and Zoning Board recommended waiver of all the sidewalk requirements on this project. Mr. Kovacs confirmed his statement. The City Manager stated stipulation f. would be to waiver all sidewalks. -11- 3/22/88 449 ~s. Horenburger returned to the Commission Chambers at this time. Upon question with regard to the expanded right-of-way on Dixie Highway, Mr. Kovacs stated a dedication will officially occur on the plat. In turn the Old Dixie Boulevard will be abandoned. Mr. Weatherspoon moved for approval of the site plan, subject to waiver and recommendations, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Addition Qf Parks & Recreation Surplus Equipment - April 16th Auction. The Commission is to consider the addition of Parks and Recreation surplus equipment for sale at auction on April 16th. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. The City Manager stated this is a supplement to the list previously approved for auction. Mr. Dougherty moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 22. Conditional Use and Site Plan Request - Day Care Center on Lake Ida Road. A request for conditional use and attendant site plan to establish a Day Care Center on Lake Ida Road, is before the Commission for consideration. Planning and Zoning Board recommend approval subject to the following conditions: Drainage plans be provided to the City Engineer for approval prior to acceptance of building plans. Pavement markings be provided for the child pick up/drop off area and bypass lane. c. Dedication of right-of-way as shown on the site plan be accom- modated by proper documentation to the satisfaction of the City Attorney and the City Engineer prior to acceptance of building plans. d. Paved walkways as shown on the site plan be located in rights- of-way constructed concurrent with development. e. Building plan submittal to include construction plans for a driveway connection to N.W. 4th Street. f. Twenty-four (24) month approval period. Mr. Dougherty moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. (Mayor Campbell returned before roll call). Before roll call the following discussion was had: Mr. Weatherspoon questioned the comments with regard to the abandonment of N.W. 6th Avenue. Mr. Kovacs stated the P&Z Board made a suggestion to abandon 6th Avenue; however, it was decided later not to proceed with this. Mayor Campbell returned to the Commission Chambers at this time. Upon question by Mayor Campbell with regard to the widening of Lake Ida Road and how that could affect the property, Mr. Kovacs stated the site plan has accommodated the right-of-way and there will be no access from the property onto Lake Ida Road. At this point the roll was called to the motion. -12- 3/22/88 450 23. Contract Pathway Enterprises, Inc., - Change Order No. 1. The Commission is to consider Change Order No. 1, relative to A1A sidewalk project. Ms. Horenburger moved to approve Change Order No. 1, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23a.(33).Board of Adjustment - Reappointment of Alvero Vera. The Commission is to consider the reappointment of Alvero Vera as a regular member of the Board of Adjustment to a term ending March 15, 1991. Ms. McCarty stated the Commission previously discussed the length of time for terms of office, and her personal commitment is for four years as being sufficient on one Board. However, the terms for the Board of Adjustment are three years and since he apparently began by serving an unfinished term, she cannot vote in favor of this appoint- ment. Mr. Dougherty stated he understands each Board is designated by terms rather than years. The Commission had earlier stated anyone who was appointed in mid-stream of a term did not count as two full terms of their appointment. Mr. Weatherspoon moved to approve the reappointment of Alvero Vera, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 23.b. Settlement Agreement - City of Delray Beach and the Department of Insurance. The Commission is to consider a settlement agreement between the City of Delray Beach and the Department of Insurance. The City Attorney advised a Chapter 120 Review of the position taken by the Department of Insurance was instituted. They had deter- mined that the Department Head Opt-out Ordinance that was adopted last year did not comply with the provisions or requirements they had in mind for 175 and 185. The City disputed it, filed an appeal of the decision and a hearing was to have been held this morning. However, late yester- day an offer was received from the Department of Insurance to settle the case. They would agree that the ordinance would be acceptable under 175 and 185 provided that the City did not administratively permit the opt-out to be exercised by any Police or Fire Chief covered by Civil Service. In our minds, that solved the majority of the problem. It also reserves the right for the City to come back later and, if it is wished to have them exercise that option, it can be done by the depart- ment challenging that decision. Both the outside Labor Counsel and the City Attorney's Office recommend approval and it has been endorsed by the Attorneys for the Department of Insurance. Mr. Weatherspoon moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. 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: Mr. Dougherty questioned if the City has anyone on Civil Service that would now be excluded. The City Attorney stated in this case it applies only to the Police Chief and the Fire Chief. At the moment, the Police Chief is covered by Civil Service; the Fire Chief is not. The Police Chief does not wish to exercise the option, and that is OK. The Fire Chief does wish to exercise his option and that is OK. Steven Bloom, Attorney for the Delray Beach Firefighters Union, stated they oppose the settlement. The reason has nothing to do with the terms of the settlement, but he opposes, in concept and in -13- 3/22/88 principal, a provision which allows for an opt-out of anyone from the pension fund. Essentially, what the City has in its present Police and Fire Pension Fund is what some people call a mandatory pension fund where anyone who is a sworn Police Officer, or a Certified Firefighter, is automatically covered. They must pay employee contributions and they are entitled to the benefits in accordance with the pension ordinance. The concern they have is primarily one of oppression. The Delray Beach Firefighters Union has had a very fine relationship with Chief Koen and their appearance here should not be taken as any type of personal attack on Chief Koen. In fact, they think he has been a very good Fire Chief and wish him well. The reason they are opposing the opt-out is that they feel it is a dangerous precedent. By passing Ordinance No. 46-87, the City has engaged in a line drawing situation. This Commission, or the Commission at that time, decided to allow the Police Chief and the Fire Chief the opportunity to opt-out of the Police and Fire Pension Plan. They feel it becomes an element of unfairness, perhaps even discrimination, to allow one member of the Fire Department or the Police Department an opportunity which other people do not have. It would ultimately lead to the City being faced with a request by other employ- ees, whether they be managerial or rank and file employees, that they be given the same opportunity. They also feel it inappropriate to be done at this time and would ask the. Commission to not only disapprove the settlement agreement, but to reconsider the ordinance allowing for the opt-out. As the City Attorney has told you, the Police Chief has decided that he will not be opting out of the pension system. Chief Koen advised that he has not yet determined whether he wishes to opt-out. He has been in the system for the past two years or so and that is a decision he will make at a later date. Therefore, they feel it is not something the City needs to address today in terms of a settlement or even in terms of the opt-out. Mr. Bloom stated of equal, if not greater concern, is the financial stability of the Police and Fire Pension Funds. It is his understanding the Police and Fire Pension Funds have assets of about 12 1/2 million dollars. The City has a total of just under 200 policemen and firefighters. The money is put aside, so that twenty or thirty years down the road there will be money for retirement. The dynamics of pension funds are really very simple, a matter of compounding interest. The point is, if people start opting out of the pension fund, the City will no longer have the contributions from the employees, the City's contribution will cease and the pension fund will not be as financially sound or solvent. Ultimately, they feel this will lead to increased costs to the City and the taxpayers. Mr. Bloom stated that when residents of Delray Beach buy their automobile insurance they pay a 1% excise tax which goes to the office of Bill Gunter, the Insurance Commissioner in Tallahassee; it is rebated back to your pension fund in the form of Chapter 185 payments. Similar- ly, for the Fire employees, when residents buy homeowner's insurance and fire insurance they pay a 2% excise tax. One of the ways the State Insurance Commission determines how much money the City receives, is to look at the payroll of employees covered by the pension fund. By allow- ing the Police and Fire Chiefs to opt out, you are allowing the people with the two highest salaries~ to opt out. It is our understanding, through conversations with Marvin Clayton's office, that by allowing Chief Koen to opt out of the pension fund, it would result in a loss in excess of $3500 this year. We request that you not approve the settle- ment and that you revisit and reconsider Ordinance No. 46-87, to pre- serve the financial stability of the fund. Robert Brown, a Firefighter for the City of Delray, member of Local 1842 and a Trustee of the Pension Board for the Police and Fire- fighters, stated this could have a serious effect on the Pension Fund. He feels the ramifications could destroy the Pension Fund. It reduces considerably the amount of money that the Pension Fund gets from the City, from the employees and from the Insurance Commissioner's Office. As a member of the Board, when this ordinance originally came before them, the ramifications of what could happen were not made known to employees and he feels this was pushed before the Board too quickly with not enough indepth research. At this time, they would like to see that it be denied. -14- 3/22/88 452 Mr. Dougherty stated he feels the City's policy is correct, but that it should be limited to Directors and the City Manager. He feels the City must maintain its ability to govern and that governance is through the City Manager and his Directors. Those persons who do not have Civil Service coverage are particularly subject to the City Manag- er's will and he feels there is a lot more risk in their positions. In his opinion, apart from being given one chance only to opt in or out, the policy should be carried down through the remainder of the City Administration and be limited solely to directors. Mr. Weatherspoon stated another factor is that people at that level, in particular the City Manager, would be allowed the flexibility to move to another area. One of the items that came up was the ICMA, where a person can go from place to place and still retain a pension. He agreed with Mr. Dougherty that it had to be restrictive in that area so the existing plan can be protected. Ms. Horenburger questioned the comment about the $3500 and requested verification that all funds were calculated in the figure, including those from the State, the City and the Chief's Pension contri- bution. Mr. Bloom stated those figures relate only to the loss of 175 funding. There will be a loss of employee contributions and civic contributions, as well. Mrs. Horenburger questioned if there is an indication of what those figures might be. Mr. Bloom stated he has seen none. The City Manager stated it is a percentage of salary and, conversely, the draw on the pension fund at some subsequent time would not be there either, counter balancing the loss of revenue. Upon question by Ms. Horenburger, if the $3500 could conceivably be doubled, the City Manager advised it is calculated at 6% of salary times the Chief's salary, so you are talking another equal amount to that figure plus whatever the City contribution is. Mr. Dougherty stated he feels that is a small amount, because the Police and Fire budget total is somewhere around 12 million dollars. The two Chief's salaries may be $100,000 to $125,000. In terms of the relative costs of those first two salaries versus the total salary for Police and Fire, it is a very small amount. Ms. Horenburger stated she would like to see some clearer figures from the administration, projecting what kind of loss this would be and what affect it would have. The City Manager stated that has been done by the City's Actuary and he feels the Actuary, with all due respect to Mr. Clayton, has a different interpretation. The City Attorney stated the interpretation was that it would have no affect on the fund's actuarial soundness, nor the benefit form- ula. You have a loss in revenue when you allow people to opt out but you have a corresponding less charge to the plan when people retire or get disabled. It becomes a wash. Mr. Bloom stated he feels it is a wash only if the people were vested. People who leave prior to being vested, leave those monies within the fund, to the benefit of all the employees. Ms. Horenburger stated that is the reason the Commission looks at administrators in that way, initially, because they do have a tend- ency to move on to bigger and better things, for various reasons, and they cannot take their pensions in that case. It is not easy to draw good administrators to the City with that kind of situation in place. While she understands the concern, the fact remains that it is not going to have a grave impact on the plan and she would have to vote in favor of it. At this point the roll was called to the motion. 23.c. Water Well Contamination Problem. The Commission is to consid- er the water well contamination problem with regard to future action. The City Attorney advised his office, with regard to insti- tuting proper litigation, is researching: 1) whom the proper party defendants need to be; 2) what forum to enter it in, State or Federal -15- 3/22/88 453 Court; and 3) the causes of action. The Department of Environmental Regulation indicated that after negotiation with the companies involved, they have balked at signing the consent order. If that is true, the Department of Environmental Regulation is expected to approach the Secretary for authority to bring an enforcement action in court. He feels this is appropriate and the City may need to do so, ultimately. If they do so, the City should be a joint party with them in any such action. In addition to the enforcement proceedings, the City intends to recoup every cent that has been spent on the problem. He feels the companies should be informed as to just how serious the City is relative to enforcement, clean up and the monies involved. Upon question by Mayor Campbell, the City Attorney stated Crowell & Moring of Washington, D.C. is the City's special outside Counselor. They will be co-counsel with the City Attorney's Office and CH2M Hill will continue to be the expert witness in the case and others may be added as time goes by. He stated those fees will be recouped as well. Mr. Dougherty questioned if this also includes notifying EPA of intent to litigate. The City Attorney stated that it does and, as a cost recovery measure, the City agreed to do this after the consent order has been signed and the assessment plans instituted. That may or may not take place, but he feels the City should move forward. Ms. Horenburger moved to authorize the City Attorney's Office and the EPA outside Counsel to institute the appropriate litigation necessary within the next two weeks with regard to recouping expendi- tures and enforcement of the clean up in the area, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23.d. Sasaki Associates - Amendment to Contract. Amendment No. 1 to a Contract between the City and Sasaki Associates for additional design work in conjunction with the Atlantic Avenue Beautification Project is before the Commission for consideration. The City Manager stated this amendment puts into agreement form the conceptual approval by the Commission last week for the Atlantic Avenue Beautification Project. Ian Nestler is present tonight to answer any further questions. Mr. Church stated the Amendment provides, basically, under Article 2, the owner's responsibility in terms of what the City would need to perform. Article 14 defines the Basis of Compensation and the fixed fee provides for an increase to the basic .services. In addition to that, there will be other services that may be required and prices have been established not to exceed levels. Upon question by Mr. Weatherspoon, the City Manager advised this exceeds the total estimated fee of $2,300,000. Mr. Dougherty questioned the original contract scope of work for Sasaki. Mr. Church stated $128,000 was for the basic services to provide for that design. Modified, with the additional sidewalks and intersection treatment and the lowering of Atlantic Avenue is now $161,450. Mr. Church advised the original scope of work included the schematic design and the preparation of bids in the amount of 1.6 million dollars. The additional difference in the present scope in- cludes road construction work. Upon question, the City Manager stated the Commission will have the option of selecting concrete or paver brick. Ms. Horenburger moved for approval, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA -16- 3/22/88 454 The following items were considered by the Commission as the Consent Agenda: 24. Solicitation Permit - Delray Beach Police Explorers. The Commission is to consider a solicitation permit for the Delray Beach Police Explorer Post 319 to conduct a fund raising event. Approval is recommended. 25. Resolution No. 17-88. Resolution No. 17-88, amending the 1987-88 budget relative to grant awards, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 17-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 39-87 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPEN- DITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1987-88, BY MAKING NECESSARY TRANSFERS TO THE FOLLOWING DEPARTMENTS/DIVISIONS: PLANNING AND ZONING, COMMUNITY DEVELOPMENT AND CAPITAL IMPROVEMENT. (Copy of Resolution No. 17-88 is on file in the official Resolution Book) 26. Resolution No. 18-88. Resolution No. 18-88, assessing costs in the amount of $$1,298 for abatement action regarding demolition of an unsafe building located at 245 N.W. 14th Avenue, is before the Commis- sion for consideration. Approval is recommended. The caption of Resolution No. 18-88 is as follows: 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. 18-88 is on file in the official Resolution Book) 27. Resolution No. 19-88. Resolution No. 19~88, assessing costs in the amount of $2,090 for abatement action regarding demolition of an unsafe building located at 244 S.E. 3rd Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 19-88 is as follows: 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. 19-88 is on file in the official Resolution Book) 28. Acquisition of Property Adjacent to Water Treatment Plant. An offer to purchase property needed for the expansion of the Water -17- 3/22/88 455 Treatment Plant owned by Mr. and Mrs. Jimmy Lee Murry located at 315 S.W. 7th Avenue, in the amount of $40,500 including a $500 moving expense, is before the Commission for consideration. Approval is recommended. 29. Acquisition of Property Adjacent to Water Treatment Plant. An offer to purchase property needed for the expansion of the Water Treat- ment Plant owned by Mr. and Mrs Nieves Vasquez, located at 319 S.Wo 7th Street, in the amount of $97,000 including a $2,000 moving expense, is before the Commission for consideration. Approval is recommended. 30. Delra¥ Beach Human Relations Committee. The Commission is to consider the ratification of three Chamber of Commerce appointments to terms ending March 15, 1990, as follows: Mark Little 375 N.E. 3rd Street Rusty Russillo 240 N.E. 2nd Avenue Tom Patterson 5200 West Atlantic Avenue Approval is recommended. 31. D.~lray Beach Human Relations Committee. The Commission is to consider the ratification of three NAACP reappointments to terms ending March 15, 1990, as follows: Willy J. Spivey 3424 Place Valencay Annetta Baldwin 5341 W. Atlantic Avenue Clifford Durden 702 E. Chatelaine Boulevard Approval is recommended. 32. Delray Beach Human Relations Committee. The Commission is to consider the reappointment of Jeanette Slavin as, as Commissioner Dougherty's nominee to a term ending March 15, 1990. Approval is recommended. 34. Board of Construction Appeals. The Commission is to consider the reappointment of three members to the Board of Construction Appeals to terms ending January 8, 1990, as follows: Patrick Keen Master Electrician Del Swilley General Contractor Paul Myers Master Plumber Approval is recommended. 35. Bid and Contract Award - Jones Chemical. The Commission is to consider award of bid and contract to Jones Chemical for chlorine in one ton cylinders, 150 lb. cylinders and Hichlon in 100 lb. drums at various unit costs, for a total amount of $125,000. Approval is recommended. Ms. Horenburger moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 36.1. Jeannette Slavin, Rainberry Bay, stated this is an anniversary and a celebration of the completion of a bike path from Congress Avenue to Swinton Avenue. She gave details from the commencement of the project in March of 1984, explaining that it now goes from the City limits at Military Trail to Swinton Avenue and on to A1A. The residents of Delray should be very proud of their bike trail. 36.2. William Murtha, 1202 N.E. 9th Avenue, questioned, with regard to the six annexation ordinances, why the public was given an opportuni- ty to voice their opinion last night at the P&Z Board Meeting and there was no public input tonight. Mayor Campbell stated there will be a Public Hearing at a later date. 36.3. Alice Finst, 707 Place Tavant, stated she would like to request the Commission to present either a Certificate or some sort of -18- 3/22/88 456 commendation to Mrs. Slavin for her efforts relative to the bike trail and bridge. Mayor Campbell advised this is already in the works. 36.4. June Carr, 1102 Miami Boulevard, stated in June of 1986 she spoke with one of the County Attorneys and Dorothy Kennedy, with regard to the Annexation Bill and the addition of a "Time Certain". He, in turn, stated he had called the City Attorney of Delray and was assured the City will meet the 1990 "Time Certain" completion of the services. 36.5. June Carr made a request again to be placed on an agenda in order to try for reimbursement of the fence under contention at the Delray Mall. 36.6. Gordon Kramer, resident of Silver Terrace, requested that the Commission give some serious thought to the annexation of that parti- cular area of Silver Terrace. There are many elderly, retired people residing there, who cannot truly afford additional taxes that would be required if taken into the City. 37. Ms. Horenburger moved for approval of the minutes of the Regular Meeting of March 8, 1988, and the Special Meeting of March 10, 1988, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 38.a.1. Mr. Weatherspoon questioned the status of the attempt to control the noise level of automobile radios. The City Manager stated it is indeed a Disturbance of the Peace. When a complaint is made, it can be recorded, but without additional equipment for all police offi- cers it is somewhat limiting. Mr. Weatherspoon stated he feels if there were some citations given, perhaps it would discourage other persons from repeating the disturbance. Chief Kilgore stated the problem is being addressed on a daily basis but, on the departure of the officer, the radios return to the high noise level so they are working on it. 38.a.2. Mr. Weatherspoon stated the offices of the Community Develop- ment Department need some definite remodeling or cleaning up. The City Manager stated that can be done administratively. 38.a.3. Ms. Horenburger stated she had a meeting with Senator Graham in Washington, D.C. today and discussed the Federal Government's policy with the country of Haiti and the drug .trafficking problem in South Florida. Senator Graham stated he will be sending information, ex- plaining his position and what he intends to do. 38.a.4. Ms. Horenburger stated she is delighted the Child Care Center was approved. She feels this needs to be expanded further and would like to review the Impact Fee proposal relative to requirements for develop- ments of a certain size to provide in-house child care centers for their employees. She would like to workshop the issue. The City Manager suggested this subject be one of the agenda items on April 15, 16 and 17 at the Goal Setting Session. 38.a.5. Ms. Horenburger stated she feels the Commission should serious- ly look into adopting the County's traffic performance standards. She would like Staff and the P&Z Board to review them and the impact on redevelopment with a view to implementing at least a portion of it. 38.a.6. Ms. McCarty stated Leo Kierstein on the Civil Service Board has had two, two-year terms on the Civil Service Board and there is an alternate, Howard Wiener, that the Commission might consider asking and then advertise for the alternate position. There have been two posi- tions that have been advertised with no application submitted and these positions need to be filled. 38.a.7. Mayor Campbell stated he has previously discussed out-of-town trips and he is requesting this be placed on the Goal Setting Agenda. 38.a.8. Mayor Campbell stated he would like to see a request to the County reiterating the City's desire to four lane Lake Ida Road from Swinton to Congress Avenue. It was the consensus of the Commission and -19- 3/22/88 457 the City Manager stated it can be put in resolution form and placed on the next regular agenda. 38.a.9. Mayor Campbell stated the City has several Boards that are Quasi-Judicial and they technically do not take oaths of office. A request has been made that those persons take an oath, especially the Board of Adjustment and the Code. Enforcement Board. If agreed, the City Attorney can draft an oath and require each member on induction to take the oath. 38.a.10. Mayor Campbell stated upon viewing a certain site plan, there was an error, in that it was approved without a time limitation. He would like an ordinance drafted to the effect if there is not a time limit specified for a site plan, it shall expire after eighteen months. 38.a.11. Mayor Campbell stated he has heard many complaints relative to the speed limit on Linton and Lake Ida Road and he would like the Commissioners to consider reducing that to 35 miles per hour. If the Commission concurs, he would like a proclamation to that effect. 38.a.12. Mayor Campbell questioned if the Commission was going to need the entire two full days at Singer Island for the sessions. He would like to be able to accomplish everything by late afternoon on Saturday. 38.b.1. The City Attorney stated the ongoing lawsuit for which some of the Commissioners have been subpoenaed still continues. Another day and one-half of trial is anticipated, but the Commissioners have been released. 38.b.2. The City Attorney stated he needs some direction from the Commission with regard to streamlining the County Court System. They have suggested a proposal that in municipal ordinance violations, where the City currently cites a person, issues a notice to appear and the person is mandated to appear in County Court on a specific day at a specific time. They would like to institute a procedure similar to a traffic ticket. If the person does not wish to contest the citation, the money can be mailed in. If that person does not wish to appear in Court, the $25 could be mailed in for any municipal ordinance first-time offense, plus Court Costs, which are $80.25. If the person does not send the money or does not appear in Court, a warrant is issued for the arrest of that person. He sees no objection to the proposal. As he understands it, every Countywide City Attorney has been contacted. Mayor Campbell suggested the Municipal League be contacted also. Mayor Campbell requested the City Attorney attend the meeting and report back to the Commission. 38.c.1. The City Manager stated two pads have been prepared and the GAC devices will be on line by Monday. Ms. Horenburger stated comments under the POC Zoning do not read the same as under all the remaining commercial zoning categories. This needs to be implemented into the POC Zone along with all the others. Mr. Weatherspoon questioned when the Codification was going to be done. The City Attorney stated it should be completed in April. Mayor Campbell declared the meeting adjourned at 10:30 P.M. ATTEST: MAYOR -20- 3/22/88 458 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 March 22, 1988, which minutes were formally approved and adopted by the City Commission 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. -21- 3/22/88