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04-12-88 463 APRIL 12, 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 7:10 P.M., Tuesday, April 12, 1988. Barbara Smith, Chamber of Commerce, stated they have just completed the 25th anniversary of the Delray Affair and it was a wonder- ful success. She is here to thank the City of Delray Beach for all they did to help the Committee and Chamber and make the Delray Affair the success it was. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Mary McCarty Mayor Doak S. Campbell Absent - Commissioner Jimmy Weatherspoon (Due to the death of his father) Also present were - City Manager Walter Oo Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Richard Barnes, Unity of Delray 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. Week of the Young Child - April 10-16, 1988. b. Victims Rights Week - April 17-23, 1988. c. Soil and Water Stewardship Week - April 24-30, 1988. d. Israel Independence Day - April 24, 1988. e. Red Ribbon Week - May 9-13, 1988. The City Manager advised that on April 23rd an ad-hoc committee which has evolved out of churches, particularly Mount Olive Baptist, St. John the Baptist and Reverend Sutton's church, are spear-heading a march against drugs. The march will start at City Hall at 4:00 P.M., proceed along Atlantic Avenue to 12th Avenue and then return to City Hall for a short rally urging block and neighborhood watch programs. This is a multi-racial community-wide march against the use, tolerance and sale of drugs and they invite everyone to participate. PUBLIC HEARINGS 5. Ordinance No. 4-88. Ordinance No. 4-88,amending Chapter 30, establishing height regulations throughout the City, 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. 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 464 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 COMMERCIAL) 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", SUBSEC- TION (15) "BUILDING HEIGHT", BY AMENDING THE DEFINITION OF BUILDING HEIGHT; BY AMENDING SECTION 30-1 "DEFINI- TIONS'', SUBSECTION (45) "GRADE", BY AMENDING THE DEFINI- TION OF GRADE; BY AMENDING SECTION 30-1 "DEFINITIONS", SUBSECTION (92) "STORY", BY AMENDING THE DEFINITION OF STORY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 4-88 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. Sam Schwimer stated that last week the Commission held a workshop meeting regarding this ordinance. When people called a few days before to find out if there was going to be a meeting they were told there wasn't; therefore, there was practically no attendance. He -2- 4/12/88 465 feels they should postpone any consideration of this ordinance until the public has an opportunity to learn more about it. He is proposing that the Commission submit this question to a referendum so that the people can express their desires on how height should be controlled. Helen Coopersmith, Executive Director of PROD, stated they went over this ordinance piece by piece and their feeling is that in view of the redevelopment the City is going through, after reviewing Mr. Currie's site plan and other factors they are in favor of the ordinance. Samuel Coleman, Pines of Delray, stated he concurs with Mr. Schwimer's proposal. They have not heard too much about this and the people in his development would like to know more information before a decision is made. Arthur Jackel, Chairman of the United Property Owners, stated that as a keen observer of the people's wishes he has come to .the conclusion that the Commission should pass this ordinance. He relies on the good judgment of the Commission in its exercise of this ordinance so that there is not a harsh impact on the surrounding areas which will be affected. Maurice Klinqer, Pines of Delray, stated he is against this ordinance as he feels, like many people living here, that they came here to a retirement community, not a business community. The public hearing was closed. Mayor Campbell stated that there were some changes made pursu- ant to the workshop meeting last week. He questioned if those would have to be made as amendments to the ordinance before them. The City Manager advised they have been incorporated into the ordinance before the Commission tonight. Ms. McCarty moved for the adoption of Ordinance No. 4-88 on Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mayor Campbell stated that he approves the concept of the overlay ordinance and is in favor of it. However, he feels that the Federal Highway area down to Boca, additional properties along Congress Avenue, particularly south of Atlantic Avenue to Linton Boulevard, should also be deleted from the geographic limitation. He would urge that the Commission, if they are so inclined, approve additional recom- mendations for limitation of the areas. At this point the roll was called to the motion. 6. Ordinance No. 10-88. Ordinance No. 10-88, annexing the former Germantown right-of-way and establishing an SC (Specialized Commercial) Zoning designation to property owned by William L. Wallace, 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. 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 LOCATED 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. -3- 4/12/88 466 (Copy of Ordinance No. 10-88 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. Ms. Horenburger moved for the adoption of Ordinance No. 10-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. DISCUSSION ITEMS 7. Presentation by CSX Railroad Reqarding Speed Limit Increase (Edwin Radson, DOT). Ed Radson stated the reason he is here tonight is to strictly inform the Commission as to what they are contemplating. Presently, within a two mile stretch from the north City limit to about half a mile south of the Lake Ida intersection, there exists a speed limit of 70 miles per hour maximum speed for passenger trains; freight trains through the area have a maximum speed of 60 miles per hour. They are contemplating increasing the speed through that two mile area to 79 miles per hour. The reasoning is to have a uniform speed for the Am{rak line and also the Tri-County Commuter Train which will start up towards the end of this year. The increase would not affect the freight train traffic; it will remain at 60 miles per hour. Mr. Radson stated he is not looking for any recommendations tonight, he just wants open discussion. Normal procedures for DOT is that the district DOT, based in Ft. Lauderdale, makes its recommendation for or against the increase. Then the Tallahassee office further approves or disapproves and they make a ruling for or against. They then advertise their findings and, if anyone desires, they can have a full public hearing. Ms. McCarty stated that the tracks at Lake Ida Road are in horrendous condition and she questioned at what point do they intend to get those repaired. Mr. Radson stated that that particular crossing will probably be repaired within a two to three month period. Gerald Filippi, High Point, questioned what the additional nine miles per hour will do to the road bed and will it cause a lot of wear and tear. Mr. Radson stated that the entire track bed where the Tri- County Commuter will operate, from West Palm Beaoh to Hialeah, has been reworked and will be rebuilt. Leonard Syrop, High Point, questioned if the speed is being increased by nine miles per hour at Lake Ida Road, at what speed will the train be going through town. Mr. Radson advised that presently the passenger trains go through at 79 miles per hour and the freight trains at 60 miles per hour; this will not change with the new increase at Lake Ida Road. Ms. McCarty stated she would like to talk to the Railroad Company about the billboards along the tracks. The Railroad Company would like something from the City and she would like to talk to them first about the billboards. Mr. Radson stated the Railroad Company is not looking for something from the City, they are looking from the DOT. However, he will put her in contact with someone to discuss the billboards. 8. Ms. Brainerd moved to approve the agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -4- 4/12/88 467 REGULAR AGENDA 9. Ordinance No. 18-88. Ordinance No. 18-88, amending Chapter 2 '~dministration" relative to designation of municipal departments by the City Manager, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 26, 1988. The City Manager presented Ordinance No. 18-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE I, "IN GENERAL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 2-1.5, "MUNICIPAL DEPARTMENTS ENUMERATED", BY ENACTING A NEW SECTION 2-1.5, "MUNICIPAL DEPARTMENTS", TO PROVIDE THAT MUNICIPAL DEPARTMENTS SHALL BE AS DESIGNATED BY THE CITY MANAGER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 18-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;'Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 19-88. Ordinance No. 19-88, changing the Land Use designation on 2.7 acres north of Holiday Inn Camino Real, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 26th. The City Manager presented Ordinance No. 19-88: 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 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, LOCATED NORTH OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY STREET, IF EXTENDED EASTWARD, BETWEEN STATE ROAD NO. A1A AND ANDREWS AVENUE, FROM MF-15 (MULTIPLE FAMILY - 15 UNITS/ACRE), IN PART, AND P (PUBLIC), IN PART, TO C (COMMERCIAL); AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 19-88 on First Reading, seconded by Ms. Horenburger. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance Nos. 20-88, 21-88, 22-88, 23-88, 24-88. Ordinance Nos. 20-88, 21-88, 22-88, 23-88 and 24-88, relative to development and/or expansion of fire facilities on the beach side, are before the Commission for consideration on First Reading. If passed, Public Hearings will be held on April 26th. The City Manager advised the recommendation is for the Commis- sion to pass all these ordinances on first reading, carry them on to second reading at which time public hearings will be held on each and then, since several are mutually exclusive of the others, a decision could be made. Ms. McCarty left the Commission Chambers at this time. The City Manager presented Ordinance No. 20-88: -5- 4/12/88 468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN CF (COMMUNI- TY FACILITIES) DISTRICT LOTS 1 AND 2, BLOCK "D", JOHN B. REID'S VILLAGE, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 95. SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF MIRAMAR DRIVE AND VENETIAN DRIVE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 20-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. The City Manager presented Ordinance No. 21-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN LC (LIMITED COMMERCIAL) DISTRICT A PARCEL OF LAND LYING AND BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY STREET, IF EXTENDED EASTWARD, BETWEEN STATE ROAD NO. A1A AND ANDREWS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty returned to the Commission Chambers at this time. Ms. Horenburger moved for the adoption of Ordinance No. 21-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. The City Manager presented Ordinance No. 22-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN CF (COMMUNI- TY FACILITIES) DISTRICT A PARCEL OF LAND LYING AND BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH OF EAST ATLANTIC. AVENUE AND SOUTH OF LOWRY STREET, IF EXTENDED EASTWARD, BETWEEN STATE ROAD NO. A1A AND ANDREWS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL- REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 22-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. The City Manager presented Ordinance No. 23-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN LC (LIMITED COMMERCIAL) DISTRICT A PARCEL OF LAND LYING AND BEING IN -6- 4/12/88 469 SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY STREET, IF EXTENDED EASTWARD, BETWEEN STATE ROAD NO. A1A AND ANDREWS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 23-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. The City Manager presented Ordinance No. 24-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN CF (COMMUNI- TY FACILITIES) DISTRICT A PARCEL OF LAND LYING AND BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY STREET, IF EXTENDED EASTWARD, BETWEEN STATE ROAD NO. A1A AND ANDREWS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 24-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mayor Campbell stated that they are going to be sending a special notice to all property owners within 500 feet of all of the affected properties. The City Manager advised the decisions they have before them affect a number of factors on the beach side, including beach side parking. The land transaction originally contemplated, without regard to fire station location, involved a significant increase in available beach parking north of Atlantic Avenue and north of it's present loca- tion. The City has recognized the deficit in beach parking along the north beach area. Another complication is the corporate position of the Holiday Inn Camino Real. They are amenable to working with the City to accommodate our needs; but at the same time, are desirous of implement- ing their expansion program. If we were to request and/or condemn a significant amount of property at the north end of the Andrews tract, the Holiday Inn would have to rethink their expansion program and other beneficial changes they contemplate. The City Manager stated a third consideration is the locational analysis conducted by the Fire Department staff. They have reviewed the locations, the present needs of the Fire Department, and the future needs of the City and have recommended a facility which requires a footprint of a size that makes the Venetian and Miramar site more appealing. The City staff position is evolving, and will be based on (1) a balance to be developed following the P&Z Board Public Hearing which was held last night, (2) the need to maintain, and make avail- able, beach side parking for non-beach side residents of the City and others who utilize our renourished beach; this was accomplished with significant funding outside the City and others who utilized the beach, (3) the professional recommendation of the Fire staff who are respon- sible for anticipating the needs of the City now and into the future, (4) the bond covenants which provide the funding for acquisition of the -7- 4/12/88 470 Miramar-Venetian site and (5) neighborhood access, noise and other environmental impacts. The City Manager stated in order to expedite consideration of this decision, and to assure that the land transaction between the City and Ocean Properties is consummated in a timely manner, he proposes that each of the ordinances prepared be adopted on first reading so that formal public comment can be heard at the April 26th meeting. David Kovacs, Planning Director, stated the Commission will be receiving quite a bit of background material on the six ordinances. Tonight, however, he will just identify each of the ordinances. At this time Mr. Kovacs presented a zelar and explained each different configu- ration and which ordinance it relates to. Mayor Campbell stated there was another issue which they passed tonight relating to the rezoning of Lot B to Limited Commercial. He questioned what the P&Z Board discussed about this. Mr. Kovacs stated the P&Z Board recommended that the Commission continue with the process, but then hold the zoning action in abeyance until such time as the land exchanges are completed. The Commission has previously given direction to execute agreements to exchange Lot A and Lot C. The City Manager stated there was discussion of the SAD desig- nation; however, it was determined that the application of an SAD would extend the process considerably into the future and it was believed that the result that might be gained from an SAD could be obtained through deed restrictions and stipulations. Mr. Kovacs stated another problem with proceeding with an SAD at this time is that a site plan has to accompany an SAD and they have not yet had direction from the Commission as to what uses are to go on the property. At this point the roll was called to the motion. 12. Conditional Use Permit Request (CU 6-23i). The Commission is to consider a request for a conditional use permit and approval of a site plan for establishment of a child care center at N.W. 2nd Street and N.W. 6th Avenue. Approval is recommended, subject to the following stipulations: A. If the property was not a lot of record prior to 1973, platting will be required. B. Increase the width of an existing south driveway onto N.W. 2nd Street to 13 feet. C. Add a note to the spec plan indicating an existing carport will be used as a drop-off and pickup area. D. Change general note 92 on the site plan to read "all irrigation will be with water other than City water per Section 9-378(B) of the Landscape Code". Ms. Horenburger moved to approve the conditional use and site plan, subject to the stipulations, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said mOtion passed with a 4 to 0 vote. 13. Conditional ~se Permit Request (CU 6-232). The Commission is to consider a request for a conditional use permit and approval of a site plan for the Dr. Kerry Lane A.C.L.F. located at the northwest corner of N.E. 7th Street and N.E. 8th Avenue. Approval is recommended, subject to the following stipulations: A. Applicant to replat the property and dedicate five additional right-of-way feet for N.E. 8th Avenue for a total of 25 feet from center-line. B. A detail showing patio amenities, tables and chairs, in partial fulfillment of the outdoor amenities required in Section 30-17(T) (2) (e) must be added to the site plan. C. Catch basins must be constructed at both ends of the ex-filtration system. -8- 4/12/88 471 D. The applicant must submit, to the Engineering Department, construc- tion plans for all proposed improvements to occur within the right- of-way, including, removal of existing back-out parking, installa- tion of sidewalks, drive-way connections and sodding, etc. E. Add a note to the site plan and remodeling plans requiring the removal of stoves from existing units. F. The fence line along the north border of this site must be replaced or must be (i.e. painted, repaired) and hedging provided inside the fence line around the patio/shuffleboard area. G. Proposed hedges along N.W. 8th Avenue and N.E. 7th Street are required to be placed along the interior perimeter of the required 5' landscape strip. H. A note must be added to the site plan of intent to Chapter 4A-40, F.A.C. "Minimum Fire Safety Standards for ACLF's". Ms. Horenburger moved to approve the conditional use and site plan, subject to the stipulations, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarty left the Commission Chambers at this time. 14. Clinton-Morgan Subdivision Final Plat and A~peal of a Fire Hydrant Requirement. The Commission is to consider the Clinton-Morgan Subdivision Final Plat and an appeal of a fire hydrant requirement. The City Manager reported that Rubin Clinton, represented by Daniel Morgan, proposes a subdivision of a .81 acre R-lA lot for devel- opment of four single family homes. The P&Z Board gave preliminary plat approval at its February 22nd meeting, subject to several stipulations, one of which was that the subdivider install a fire hydrant at a loca- tion acceptable to the Fire Chief. The stipulation is on appeal to the City Commission as final plat approval is considered. He has reviewed this requirement along with staff, and the location of the subdivision which is located between 2nd and 3rd Streets on 5th Avenue. Based on his analysis, and further discussion with the Fire Chief, he believes the appeal should be granted and that the requirement for installation of a fire hydrant should be waived. There are presently fire hydrants located at 3rd Street and 5th Avenue and at 2nd Street and 5th Avenue, a distance of approximately 650 feet. The Fire Department prefers hy- drants to be located approximately 250 feet apart. The effect of requiring an additional fire hydrant would be to place three fire hydrants within a 650 foot stretch which may provide for greater water delivery than would be required for this residential area. Ms. Horenburger moved to approve the Clinton-Morgan Subdivision Final Plat, with a waiver of the fire hydrant requirement, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Mayor Campbell left the Commission Chambers at this time. 15. Site Plan Approval - Linton Office Center. The Commission is to consider a site plan approval request for Linton Office Center, DelPalm Joint Venture, located at the southwest corner of 1-95 and Linton Boulevard. Approval is recommended, subject to the following stipulations: A. A replat of Parcel 1, Linton Center, is required to address the items discussed in the Planning & Zoning Board's staff report (11-16-87) which was prepared for consideration of the site plan. B. Site plan approval shall not become valid until such time as a preliminary subdivision plat approval is granted by the Planning & Zoning Board for the replatting of Parcel 1, Linton Center; and conversely, this tentative approval shall be valid for a period of one year in which the preliminary plat must be submitted and ap- proved. C. Once this site plan becomes valid, it shall remain valid for a period of eighteen months per Section 30-22-E. -9- 4/12/88 472 D. An outstanding water repayment fee of $75,000 be paid prior to action on the required plat. E. Fees shall be collected pursuant to the City's Roadway Trust and Linton Boulevard Beautification programs. F. Project to provide signalization of the new entry intersection with Linton commensurate with construction activities. Ms. McCarty returned to the Commission Chambers at this time and took the chair. Ms. Horenburger moved for site plan approval for Linton Office Center, subject to the stipulations, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Deputy Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time. 16. Petition by Anthony Williams for Sale of Property at N.W. 9th Avenue and West Atlantic Avenue. The Commission is to consider a petition by Anthony Williams for sale of property at N.W. 9th Avenue and West Atlantic Avenue. The City Manager reported that Mr. Williams has requested an opportunity to present an item to the Commission. He would like to offer for sale all or part of his property at N.W. 9th Avenue and West Atlantic Avenue. This item was initiated by the Engineering Department which, when reviewing building plans for construction of a small store, suggested that the City may be interested in acquiring a portion of the subject property to align N.W. 9th Avenue. Upon discussing that possi- bility, it was determined that N.W. 9th Avenue would not benefit greatly from this realignment and that, in fact, it may have potential for vacation and abandonment should an appropriate development proposal arise in the future. With this in mind, he broached the possibility of sale of the property with Mr. Williams and discussed it with the Execu- tive Director of the Community Redevelopment Agency. The Commission, at their March 8th meeting, authorized staff to negotiate for acquisition of the property. Mr. Williams now seeks Commission review of staff's decision not to make an offer to purchase the property. Anthony Williams stated the need for this property was brought to his attention several months ago. He feels that the initial concept brought to him by the Engineering Department, concerning itself with the safety of the public by realigning N.W. 9th Avenue, should be taken under strong consideration. He is willing to sit down and negotiate the sale of the property where it would not knock a dent in the City's pocket. Upon question by Mayor Campbell, the City Manager stated this was presented to the Community Redevelopment Agency and they decided that acquisition for future development was not in their best interest. Upon question, the City Attorney stated that they successfully litigated the existence of N.W. 9th Avenue approximately two years ago, given that it was an established right-of-way for the City. The City is not obligated to pay for that road in its location. The City Manager advised that when this was discussed in March there was some feeling that the Commission had directed staff to get a formal appraisal. This was not accomplished; however, he did go back and talk to the CRA and they looked at the Georgia Town Tavern ap- praisals. They determined the value of the property to be about $1.00 to $3.00 per square foot which would make a fair market value of some- where between $37,000 and $46,000. They decided it would not be in the best interest of the City to expend the money at this time for this property. Upon question by Ms. Horenburger, the City Manager stated they could buy the three lots from Mr. Williams and straighten the road. However, if they did buy the three lots it would be his recommendation that they not do anything to the road, but rather abandon the property. -10- 4/12/88 473 Gerald Church, City Engineer, presented a zelar showing the location of the road and the lots in question. He stated if they were to purchase Lots 10, 11 and 12 they would not have a complete right-of- way acquisition; they would ultimately have to buy Lots 2, 3, 6 and 7. Ms. Brainerd stated that since the lots are vacant perhaps they should consider a cul-de-sac. Ms. Horenburger stated they do not know what the feeling of the community is about this particular stretch of roadway and she feels perhaps they should ask them if they feel that it would be a help to have a cul-de-sac or if they are strongly in favor of keeping it open. Mayor Campbell stated he does not feel that the disposition of the Commission is to make any acquisition. They will further study the issue as to whether or not the road will be finally abandoned in both aspects. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 17. Final Plat Approval - Yu Brothers Industrial Development. The Commission is to consider a request for Final Plat approval fo~ Yu Brothers Industrial Development, a 22,326 square foot wholesale sales office and distribution facility, located on the west side of Congress Avenue between Atlantic Avenue and the L-32 Canal. Approval is recom- mended. 18. Site Plan Approval - Delra¥ (Linton Manor) A.C.L.F. The Commission is to consider a request for site plan approval for Delray (Linton Manor) A.C.L.F., a proposed adult congregate living facility located east of the County Mental Health facility on Military Trail and also a request for administrative relief to allow compact parking spaces at the site. ~pproval is recommended. 19. Offer of Settlement - Anderson vs. City of Delray Beach, et al. The Commission is to consider an offer of settlement in the case of Anderson vs. City of Delray Beach, et al, in the amount of $162,500. The City Attorney and our consulting law firm recommend rejection. 20. Solicitation Permit - VFW Post 4141. The Commission is to consider a request for a solicitation permit to conduct a poppy sale between May 23 and May 31, 1988. Approval is recommended. 21. Resolution No. 24-88. Resolution No. 24-88, abandoning a small Portion of the drainage easements on Lots 22 and 23, Fairways of Delray, is before the Commission for consideration.~ The caption of Resolution No. 24-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE WEST 2.5 FEET OF THE 15 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE EAST SIDE OF LOT 22, TOGETHER WITH THE NORTH 3.0 FEET OF THE 15 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE SOUTH SIDE OF LOT 23, "FIARWAYS OF DELRAY", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 54, PAGES 160-161, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 24-88 is on file in the official Resolution Book) 22. Resolution No. 20-88. Resolution No. 20-88, assessing costs for abatement action required to remove an unsafe building on property at 41 N.W. 3rd Avenue, is before the Commission for consideration. The caption of Resolution No. 20-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF -11- 4/12/88 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. 20-88 is on file in the official Resolution Book) 23. Resolution No. 21-88. Resolution No. 21-88, assessing costs for abatement action required to remove an unsafe building on property at 622 N.W. 2nd Street, is before the Commission for consideration. The caption of Resolution No. 21-88 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. 21-88 is on file in the official Resolution Book) 24. Resolution No. 22-88. Resolution No. 22-88, assessing costs for abating nuisances by removing junked and/or abandoned vehicles from 13 parcels at various locations throughout the City, is before the Commission for consideration. The caption of Resolution No. 22-88 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. 22-88 is on file in the official Resolution Book) 25. Resolution No. 23-88. Resolution ~o. 23-88, assessing costs f6r abating nuisances on 70 parcels of property at various locations throughout the City, is before the Commission for consideration. The caption of Resolution No. 23-88 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; -12- 4/12/88 475 PROVIDING 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; PROVID- ING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 23-88 is on file in the official Resolution Book) 26. Award of Bids and Contracts. A. Human Affairs International for Employee Assistance Program Services - $14,700 estimated. B. Edwin and Marilyn Bianca Variance - Purchase of Lot 1, Nichols Second Addition for Water Plant Expansion - $96,000. Ms. Horenburger moved to approve the Consent Agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PROCEDURAL ITEMS 27.1. Herb Tano, vendor at the Flea Market, stated his financial existence is being threatened by what is going on. Mr. Henn, owner of the Flea Market, is giving up a good portion of his earnings by turning vendor spaces into parking spaces and feels that the Commission should also create some parking. The population wants to know who wants to close their market, and they are going to want to know prior to next year's election. 27.2. Yale Dworkin stated he has been a vendor at the swap shop for six years. He stated there are one or two parking lots nearby which have never been given permission to have parking and they have been trying to get them to operate and stay open. However, some of the governmental officials are trying to close the lots as they have never been given the right to function as such. He feels they must have more cooperation from the Commission and be mandated by the people if they want to close the market. 27.3. George Cannon stated if Delray is so concerned about the parking which is in the County, even though they have jurisdiction over the street, they should put up parking meters and create a parking situation so that there will be revenue to Delray. 27.4. Preston Henn, owner of Delray Swap Shop, stated there have been some positive developments following a meeting between the City, County Commission and the North Federal Highway Task Force. He is hopefully going to meet with Mayor Campbell on Friday at 1:30 P.M. and he feels they can make some progress. 28. Ms. Horenburger moved to approve the minutes of the Regular Meeting of March 23, 1988 and the Special Meetings of March 15, 1988 and March 31, 1988, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 29.a.1. Ms. Horenburger stated she made a comment at a Commission meeting about the City looking at the County's traffic performance standards. She clarified that the municipalities are going to be asked to adopt these standards and if they do not adopt the same standards the County may look to placing this on a referendum. She feels Delray should consider taking the lead, looking into this and being pro-active with regard to some concerns they may have in the downtown areas. The City Manager stated he will be attending a meeting of the Palm Beach County Managers' Association and he will raise this issue to see what other cities are doing. 29.a.2. Ms. McCarty stated Commissioner Weatherspoon's fathers funeral is scheduled for Saturday which is the date of their retreat. She -13- 4/12/88 476 questioned if they still want to go ahead with this as they will not all be there. Following discussion, Mayor Campbell suggested that the City Manager ask the consultant if they could make it all day, starting early on Sunday and terminating Sunday evening. 29.a.3. Ms. McCarty stated that Charles Hart has submitted his resigna- tion from the Planning and Zoning Board; therefore, they will need to advertise for a new member. 29.a.4. Ms. McCarty stated she has been asked to question the status of the Homewood drainage and widening which was approved one year ago. The City Manager stated they have it in their long range plans; however, what was approved and what was funded are two different things. Mayor Campbell stated this was a priority item and was never intended to be delayed. He suggested that the City Manager get with Mr. Church and get back to the Commission immediately. 29.a.5. Ms. McCarty questioned if they provide water to Gulfstream and if so, are they under the same restrictions as Delray. The City Manager advised that, contractually, they are. He is looking to find what their consumption is on a daily basis and, if it is anywhere significant, they may ask them to interconnect with Boynton. Ms. Horenburger stated there was a report about having to put the fourth filter on line and she thought they had already approved putting the four filters in. The City Manager advised they did approve the four filters, however, they found they were producing 4.3 million gallons a day with three filters. 29.b.1. The City Attorney stated, with regard to the water contamina- tion problem, that the City has retained Environmental lawyers who are working with them on a daily basis. They fully intend to go forth with the Commission's authorization and institute the appropriate litigation. 29.b.2. The City Attorney advised that the School Board has approved the Old School Square land agreement; therefore, the agreement for the sale of the Elementary School is completed. 29.c.1. The City Manager advised he was informed today by the Principal of Carver Middle School that the City has won an award for its Community Education Program. They were nominated by Carver Middle School at their Community Education Conference and will be given the award on April 29th in Pensacola. Lee Young from Carver will be there to accept the award on behalf of the City. 29.c.2. The City Manager stated the Palm Beach County Day will be held on April 27th in Tallahassee and he questioned if it is something they should consider attending. Mayor Campbell stated they could discuss this at the retreat on Sunday. The City Attorney stated that if any Commissioner intends to go to Tallahassee they should give him a call as there are two bills of special interest which are going on. One is the resurrection of the attorney/client privilege exception to the Sunshine Laws and the other deals with the existence of the City's Mini PERC. Mayor Campbell declared the meeting adjourned at 9:20 P.M. -14- 4/12/88 477 ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of April 12, 1988, which minutes were formally approved and adopted by the City Commission on ~~, ~. NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City 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. -15- 4/12/88