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04-26-88478 APRIL 26, 1988 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jimmy Weatherspoon in the Commission Chambers at City Hall at 7:10 P.M., Tuesday, April 26, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell (Arrived 7:13 P.M.) Absent - Commissioner Marie Horenburger Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Robert Finch, Cason Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Ms. McCarty requested that Item Nos. 31, 38, 39 and 40 be removed from the Consent Agenda and placed at the end of the Reqular Agenda. The City Manager stated there is a correction on Item No. 11. The agenda report requests approval of the Land Use Amendment, but it is not possible to approve that until May 10. The action will be to hold the Public Hearing and continue consideration of Ordinance No. 19-88 and schedule the second Public Hearing for May 10. Mayor Campbell arrived at this time and took the chair. The City Manager stated Ordinance No. 27-88 was inadvertently included under Item No. 27 in the packet. He also stated the applicant has requested that Item No. 24 be omitted. Mr. Weatherspoon moved for agenda approval, deleting Item No. 24 and moving Item Nos. 31, 38, 39 and 40 to the end of the Regular Agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARINGS 5. Ordinance No. 11-88 - Annexation of Enclave 6. Ordinance No. 11-88 annexing Enclave 6, which consists of two parcels totaling .76 acres with a proposed zoning of R-1AA and located at the southeast corner of N.W. 22nd Street and N.W. 2nd Avenue, 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. 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. 479 (Copy of Ordinance No. 11-88 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. Weatherspoon moved for the adoption of Ordinance No. 11-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 6. Ordinance No. 14-88 - Annexation of Enclave 7. Ordinance No 14-88 annexing Enclave 7, which consists of two parcels totaling one acre with a proposed zoning of R-1AA and located at the southwest corner of N.W. 22nd Street and Lake Drive, is before the Commission for consid- eration 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. 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; P~OVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 14-88 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. Weatherspoon moved for the adoption of Ordinance No. 14-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 7. Ordinance No. 15-88 - Annexation of Enclave 9. Ordinance No. 15-88 annexing Enclave 9, which contains one parcel totaling .45 acres 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 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. 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 -2- 4/26/88 48O 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. (Copy of Ordinance No. 15-88 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. Weatherspoon moved for the adoption of Ordinance No. 15-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 16-88 - Annexation of Enclave 11. Ordinance No. 16-88 annexing Enclave 11, which contains one parcel totaling .79 acres with a proposed zoning of R-1AA and located on the west side of the cul-de-sac at the south end of Lake Drive, 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. 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 O~ 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. (Copy of Ordinance No. 16-88 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. Marilyn Carr, Vice-Chairperson for Citizens Against Political Annexation, questioned since the Enclave Act is in Federal Court Litiga- tion at this time, if the City plans to continue to adopt the Annexation Ordinances like those that have been adopted tonight. Upon confirmation by Mayor Campbell, Mrs. Carr stated she would like to protest on behalf of the members of Citizens Against Political Annexation. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 16-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 17-88 - Annexation of Enclave 12. Ordinance No. 17-88 annexing Enclave 12, which consists of two parcels totaling .85 acres with a proposed zoning of R-1AA and 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. 18 Street between N.W. 4th Avenue and Lake Drive, is before the -3- 4/26/88 481 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. 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 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 N.W. 4TH AVENUE, AND ON THE NORTH SIDE OF N.W. 18TH STREET, BETWEEN N.W. 4TH AVENUE AND 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. (Copy of Ordinance No. 17-88 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. Henry Becker, Bond Way, stated he would like to go on record in support of the Commission action with regard to the enclaves. He is %ooking forward to having his property annexed into the City of Delray. The public hearing was closed. _ Ms. Brainerd moved to adopt Ordinance No. 17-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 18-88 - Amending Chapter 2 "Administration" Ordinance No. 18'-88, amending Chapter 2 "Administration" relative to designation of municipal departments by the City Manager is before the Commission for consideration on Second and FINAL' Readinq. 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. 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. (Copy of Ordinance No. 18-88 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. -4- 4/26/88 482 Mrs. Virginia (Cady) Schmidt, 1432-A High Point Way NW, Chair- person of the Civil Service Board, stated she is concerned that the Commission may not be aware of the far-reaching effects of the proposed amendment and the affect it could have on the employees of the City who are covered by the Civil Service Act. She stated she is not against reorganization even though it impacts on employees, some for better, some for worse. Her concern is an amendment to the Civil Service Act in 1986, which went beyond what the Civil Service Board had intended. As a result it is now possible for the City Manager, under the proposed amendment, to affect all manner of personnel actions by simply labeling the actions "not for disciplinary reasons", denying employees the right of appeal to the Civil Service Board. It is her understanding that the City Attorney has ruled that the City Manager may effect reorganization under the authority of the amended Section 10 of the Civil Service Act, thus stripping away employees rights to appeal demotions, terminations and the like. In the City of Delray Beach, only employees covered by the Union Contract and employees that are suspended, demoted or dis- missed for unsatisfactory performance or conduct would retain their appeal rights. Employees dismissed or demoted through reorganization would have no appeal rights, notwithstanding their otherwise prior satisfactory service to the City. She recommended the Commission table this item for further review. The public hearing was closed. Mr. Weatherspoon moved to adopt Ordinance No. 18-88 on Second and FINAL Reading, seconded by Ms. McCarty. Ms. McCarty stated it is her understanding that the words "with Commission approval" are to be added following City Manager. The City Manager stated there was some discussion that the Commission would not be involved in the organization of the departments themselves. When the original language was developed, he contemplated this would occur during the budget process, but those reorganizations such as the one being contemplated now would necessarily have to be delayed for the Commission's input. He feels by simply inserting the words "with Commission approval" or "with approval of ~he City Commis- sion'' would be appropriate and certainly be in the spirit of what was proposed. He requested the City Attorney supply the correct language. He also stated that the remarks made by the Chairperson of the Civil Service Board are not really relevant to this particular action item and feels there may be some misunderstanding. Ms. McCarty questioned if this is giving the City Manager the responsibility to reorganize departments as he feels will be most efficient for running the City Government. The City Manager advised that is correct and consistent with the recommendations made in the public administration study. Ms. McCarty stated she does not feel the Commission should be involved in the process of organizing the City Manager's Staff. Upon question by the City Manager, Ms. McCarty agreed she would be in favor of adopting the ordinance with the additional wordage, as discussed. Upon question by the City Attorney if the Commission wished to ratify the act or approve in advance of its effectiveness, Mr. Weather- spoon stated he feels approving in advance of its effectiveness would be better. The City Attorney advised the words "subject to Commission approval" would then be sufficient. Mr. Weatherspoon requested confirmation that the hypothesis outlined by the Chairperson of the Civil Service Board has no bearing on this ordinance. The City Manager stated the City Attorney attended a meeting and perhaps he could shed some light on it as this item was mentioned. However, it was inappropriate because it has nothing to do with terminations or demotions and every employee has a right to due process. Mayor Campbell questioned if, at this time, or even if the Commission were to approve any change in department additions or dele- tions, would any budgetary implications be created. The City Manager -5- 4/26/88 483 stated this particular organization that is being proposed for Commis- sion approval this evening does not have budgetary in~lications. Upon question by Mayor Campbell if there will be vacancies theoretically created, the City Manager advised at this time the two vacant positions are those of Development Director and Public Works Director. He proposed filling the position of Development Director but defining it differently to encompass a broader scope of responsibility. He also proposed that an Assistant City Manager be hired for Community Services rather than a Director of Public Works. These items will be coming before the Commission at some subsequent point, not tonight. The only thing he is requesting tonight is the ratification of the Manage- ment Services Group, which has been established with the Assistant City Manager, Robert Barcinski, in charge. Mayor Campbell stated he wished to thank Mrs. Schmidt for her comments and suggested maybe that is something the Commission needs to pursue in a broader perspective, and he would look forward to getting together with her for a discussion of that. Discussion was had regarding the addition of the words "subject to Commission approval". Mr. Weatherspoon amended his motion to adopt Ordinance No. 18-88 on Second and FINAL Reading with the addition of "subject to Commission approval", Ms. McCarty amended her second. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 19-88 - A Land Use Plan Amendment to Change the Land Use Designation on 2.62 acres, more or less, north of Holiday Inn Camino Real. Ordinance No. 19-88, a Land Use Plan Amendment changing the designation on 2.62 acres, more or less, north of Holiday Inn Camino Real, is before the Commission for consideration of First Public Hear- ing. Second Public Hearing will be held May 10th. 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. 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. Roger Saberson, Attorney, stated it is his understanding this Land Use Plan Amendment ordinance will not be up for FINAL adoption until May 10th. The City Manager confirmed this and suggested the actual language be to recommend continued consideration of Ordinance No. 19-88 until such time as the second Public Hearing is held on May 10th. The public hearing was closed. Mr. Weatherspoon moved to continue Ordinance No. 19-88 to the May 10th meeting at 7:00 P.M., seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -6- 4/26/88 484 12. Ordinance No. 20-88 - Rezoning City owned ~roperty at the ~ner of Miramar and Venetian. Ordinance No. 20-88, rezoning City owned property at the corner of Miramar and Venetian from RM-15 to CF in order to accommodate construction of a fire facility at that site, 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. 20-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY SWELLING) 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. 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 following persons spoke for Ordinance No. 20-88: Arthur Jackel, Edward Egan (Read a letter from Leo Blair, who was unable to attend.), Roger Saberson (representing the Manor House Condominium, the Grosvenor House and the Talbot House III), Frank Benson and Alvero Vera. The following persons spoke against Ordinance No. 20-88: Helen Bell, Tom Haenlon, Gloria Galloway, Frank Elamento, Douglas Brown, Frank Palumbo, Ruth Martin, James Bowen, Joseph Bell and John Fisher. The public hearing was closed. The City Manager stated the Venetian-Miramar site is the recommendation of the City Manager and Staff. The site allows for significant improvement in beach side parking north of Atlantic Avenue. By enacting Ordinance No. 21-88 and the companion Ordinance No. 22-88, as many as 63 additional beach side parking spaces can be obtained. The advantages of this site include the landscaping and open space that will be preserved. Construction costs of the comparison sites are approxi- mately equal. Expanding the site on Andrews Avenue to accommodate the new fire facility and eliminate any beach side parking north of Atlantic Avenue offers significant savings to the City. From a finance- management point of view this may appear to be the most frugal. Balanc- ing the public policy issues, however, weighs in favor of the Venetian-Miramar site when beach site parking is considered. Mr. Weatherspoon stated contrary to how some residents may feel, he is of the opinion that a new fire facility will not lower the resale value of nearby property. While he is sensitive to the needs of all the residents, he agrees with Chief Koen, who told him it would be a disservice to the public to do nothing in that area. He feels if the City can get a corporation like the Marriott to come into the City, it will be a great benefit to all the citizens. Therefore, he stated he will support Staff recommendation to relocate the fire facility to the Venetian-Miramar site. Ms. McCarty stated that after a study was made relative to location and response time, each site would serve the public equally as well. She feels it is the responsibility of the Commissioners to see that a quality of life is maintained in the community, and feels the Miramar site will alter that quality in the aspect of the character of -7- 4/26/88 485 the neighborhood. She also feels a 45,000 square foot parcel of prime real estate, to be used to construct an 8,000 square foot building, is not a responsible use of the City's resources. After reviewing the costs of the two projects, along with the sale of the property, she feels the economics weigh heavily in favor of the Andrews site. She feels very strongly about maintaining the beach parking presently available and that all three projects can be placed on that property. Ms. Brainerd stated she disagrees with comments to the effect a fire facility would be a bad neighbor in the Venetian-Miramar location. After some checking, she discovered quite a few items have changed the face of the decision made in 1971. There was no bridge over the intracoastal at Linton Boulevard, no fire station and it is her under- standing there was little or no option to acquire any additional land at the Andrews Avenue site. She believes that to be the critical criteria' upon which that decision was made in 1971 to select an alternate site, rather than the existing Andrews location. She feels it would be irresponsible not to use the option to expand the fire station on Andrews Avenue and realistically pay for the fire station with the proceeds of the land at Venetian and Miramar. She favors all three uses on the Andrews site and, with some creativity, feels the current beach parking can be maintained and perhaps widen the thoroughfare on the parking lot to allow the fire station to have through access onto A1A. Mayor Campbell stated there is a plan to allow a considerable number of parking spaces at the Andrews Avenue site. He questioned, with regard to the two locations, if the working operation of the fire department can work as effectively and efficiently at both locations. The City Manager stated he feels the movement of the vehicles would be more difficult at the Andrews site, but would defer this to Chief Koen. Chief Koen stated the recommendation of the Venetian-Miramar site was because of the width of the street. Andrews is a more narrow street and has on-street parking. The street segment has not been designed as yet, but they are recommending if the facility should be located on Andrews Avenue, Andrews Avenue from Lowry to Atlantic be looked at in terms of upgrading, signalization at the intersection of Atlantic and a look at on-street parking. His feeling is that the on-street parking issue is not compatible with the movement of fire apparatus, especially with the equipment that might be located there. Mayor Campbell questioned if the facility is being expanded or merely changing the facility. Chief Koen advised the facility is being expanded to address the current needs of the community in addition to having the flexibility of serving the community as City wide changes occur. There are a number of buildings in that area where this particu- lar piece of aerial equipment is needed. He feels it would be unwise to build a facility that would not allow the design capacity. Upon question by Mayor Campbell if this equipment will be found at every fire station, Chief Koen stated the typical ratio is one piece of aerial apparatus for every two to three engine companies in the City. If the City had five engine companies, there would probably be two pieces of aerial equipment distributed as evenly as possible to facili- tate response time throughout the City. Distribution issues would need to be addressed regularly, as the buildout of the City occurs. Mayor Campbell stated whether the issue is parking, expansion or the value of land, involved is some of the most expensive and contro- versial real estate in the City and there may be alternative choices as opposed to the beach area in locating this additional equipment. Chief Koen advised that any fire station design that did not afford them the space for the future would not be a proper step for the community. Upon question, Chief Koen stated the station on Andrews would be of a two-story, three bay design. Mayor Campbell questioned the cost of widening Andrews Avenue and signalization and if, in redesign, private parking is affected, if that would be an additional charge. There was no definitive answer at this particular time. Mayor Campbell stated the analysis with regard to the economic factor presupposes an equality based upon the need to -8- 4/26/88 486 purchase an additional parking lot. The City Manager stated that is correct and also presupposes that there would not be significant offsite improvements. Mayor Campbell stated he will retain his original inclination to keep the facility on Andrews Avenue, simply because there has been an impact in that area. He feels a two-story condominium built on the Miramar site would be aesthetically more damaging than a fire station and would have an adverse impact. He would like Staff to tell him if there will be any adverse consequences in keeping the facility on Andrews from a practical, efficient use by the Fire Department. Chief Koen advised, in the limited context of that question, the answer is both sites are generally equivalent to each other in terms of service ability. Ms. McCarty moved to adopt Ordinance No. 20-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - No; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion FAILED with a 3 to 1 vote. Mayor Campbell declared a five minute recess, the time being 8:58 P.M. The meeting reconvened at 9:04 P.M. 13. Ordinance No. 21-88 - Rezoning Land to Accommodate Expansion of the Holiday Inn Property. Ordinance No. 21-88, rezoning land presently zoned RM-15 to LC and CF in order to accommodate expansion of the Holiday Inn property and provide for additional beach side parking, 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. 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. 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. Elizabeth Matthews, representing the Beach Property Owners Association, stated they are requesting that the Commission ensure that the zoning remain RM-15 in the event the expansion does not take place. Alvero Vera, a resident in the area, stated since there seems to be a more definite decision as to the relocation for the fire sta- tion, he would like to express his thanks for the priviledge of being allowed parking privileges on the street and direct access to the beach for the past 35 years. He feels rezoning a prime residential property to Commercial, under any disguise, is lowering the quality of the neighborhood. He is requesting the Commission keep the residents of Andrews Avenue in mind so they do not lose their direct access to the beach. Roger Saberson, representing the same parties as previously mentioned, stated the SAD Zoning is preferred as it has a lot of advan- tages, mainly to lock in a specific use the landowner wishes to make of the property. He met with Ocean Properties representatives today who have no objection to the SAD Zoning but do not want to be caught in a conflict between Staff and the Commission. He requested the Commission give serious thought to an SAD Zoning. -9- 4/26/88 i,, 487 Spence Carroll, 320 South Ocean Boulevard, stated there is only one north-south street and that is Andrews Avenue. Whatever traffic there is servicing that area must use Andrews Avenue. If beach parking or trucks or cars from the hotel are routed to Andrews Avenue, it is going to have a negative impact on that residential area. He requested the Commission keep this in mind. The public hearing was closed. Ms. McCarty moved to adopt Ordinance No. 21-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Mayor Campbell stated he agrees with the residents and feels that the applicant agrees the Commission is not going to do anything that will create an open door to allow a use that is not contemplated very specifically. His preference at this time is for an SAD Zoning. Alan Ciklin, Attorney for the applicant, stated the applicant has no objection to SAD Zoning. There are other means of ensuring that the hotel expansion will be the only use placed on this site. Mayor Campbell questioned if the applicant would be in a position to submit a site plan. Mr. Ciklin stated it would not be possible to have a site plan prepared by May 10th. They had hoped to move ahead with the LC Zoning and at the time of land acquisition there would be a restrictive covenant placed on the property prior to final action. At that time they would apply for an SAD or Conditional Use for a hotel. The City Manager stated Staff's reluctance to go with the SAD Zoning was 'due to the developer's time frame. He also stated it would be prudent for them to use the language in the Staff Report to continue consideration of Ordinance No. 21-88 until such time as a companion Land Use Amendment is enacted and a land exchange between the City and Ocean Properties is consummated successfully. Mayor Campbell stated he feels since this ordinance is going to be continued, everyone should meet with the City Manager and Staff in Drder that they may become familiar with the procedural aspects in order to prevent a bazaar situation that could return to haunt them. Mr. Saberson stated he feels one item that was preliminarily agreed on today, was that when the LC ordinance is adopted on Second Reading, that there be an effective date of nine or ten months. This will allow Ocean Properties sufficient time to do their planning, as they feel they need approximately ninety days to get their site plan together and three or four months of processing. In the event the SAD application is not filed within the ninety days, or filed and then with- drawn, the City will have had sufficient time to rezone the property to RM-15. Mr. Weatherspoon made a substitute motion to defer Ordinance No. 21-88 to May 10th, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 14. Ordinance No. 22-88 - A Companion Ordinance to Ordinance No. 21-88. Ordinance No. 22-88, a companion ordinance to Ordinance No. 21-88 rezoning land presently zoned RM-15 to LC and CF in order to accommodate expansion of the Holiday Inn property and provide for additional beach side parking, is before the Commission for considera- tion on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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, -10- 4/26/88 488 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. 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. Upon question by Elizabeth M~tthews, Mayor Campbell stated the property being rezoned is the vacant land located at the north end of the hotel. The public hearing was closed. Ms. Brainerd moved to postpone Ordinance No. 22-88 to May 10, 1988, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 15. Ordinance No. 23-88 - Allowin~ for Expansion of the present Fire Facility on Andrews Avenue. Ordinance No. 23-88, allowing for expansion of the present fire facility on Andrews Avenue, but eliminat- ing beach side parking at the north end of the Ocean Property holdings, 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. 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 SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND ~S 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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Alice Finst, 707 Place Tavant, questioned the difference between Ordinance No. 23-88 and Ordinance No. 24-88. David Kovacs, Director of Planning and Zoning, stated these ordinances run in groups of two. One ordinance places a portion of the land into Community Facilities zoning and the other ordinance places a portion of the land into Limited Commercial zoning. If the Commission desires to have beach parking along the Manor House, these two ordinanc- es can be rejected. By doing so means there will be no expansion at the current site, but going further north and connecting the beach parking and fire station together. The City will then appro%ch the Holiday Inn tomorrow and request a parking strip and a fire station site. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 23-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 4 to 0 vote. 16. Ordinance No. 24-88 - Allowing for Expansion of the Present Fire Facility on Andrews Avenue. Ordinance No. 24-88, allowing for -11- 4/26/88 489 expansion of the present fire facility on Andrews Avenue, but eliminat- ing beach side parking at the north end of the Ocean Properties hold- ings, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 24-88: 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 ATI.ANTIC 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. A public hearing was held having been legally advertised in compliance with the laws of the State 'of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved to adopt Ordinance No. 24-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - No; Ms. McCarty - No; Mr. Weather- spoon - No; Mayor Campbell - No. Said motion FAILED with a 4 to 0 vote. DISCUSSION ITEMS Presentation 1 - Acceptance of the Annual Financial Report. Acceptance of the Annual Financial Report for the Fiscal Year Ended September 30, 1987, (Mr. Paul Bremer, Ernst & Whinney), is before the Commission for consideration. Paul Bremer, Partner, Ernst & Whinney, highlighted an area in the introductory section containing Mr. Huddleston's letter, which is an excellent summary of the year ending September 30, 1987. He stated at the end of that section is a copy of the Certificate of Achievement and Excellence in Financial Reporting, which the City has consistently received. Ernst and Whinney will also submit the current report for a certificate. On page one of the Financial Section there is a letter from the firm indicating there are no reservations or qualifications as to the financial statements contained herein and fairly presented. That is the highest form of reporting a Certified Public Accounting Firm can give. The internal control of the City is also checked and there are no material weaknesses in that area, giving the City assurance the system is working properly. Mr. Weatherspoon moved to accept the report, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Presentation 2 - Report on the Status of the Beautification Project. A report on the status of the Beautification Project for West Atlantic Avenue and Linton Boulevard is before the Commission for consideration. Nancy Davila, City Horticulturist, stated the County is placing considerable constraint on the project in the area of West Atlantic between Swint~n Avenue and 1-95 in meeting what they call the Green Book Standards. The final plan may be substantially different from the original proposed plan. The current water restrictions may have an affect on scheduling. Linton Boulevard will be on wells and those could be installed providing the differences with the County can be resolved shortly. The West Atlantic corridor is now using an existing City system and planting in those areas will be delayed until the water restrictions are lifted. -12- 4/26/88 490 The City Manager stated he feels it is important to know that the Atlantic Avenue Interchange at 1-95 can be started. Ms. Brainerd questioned the reason there is no landscaping east of 1-95 on Linton. Mrs. Davila stated that is a target area and the final design documents have not been completed. Upon question as to the differences to be resolved with the County at the meeting tomorrow, Mrs. Davila stated the main differences are the liabilities, consisting mainly with the cutouts and the median as spelled out in the Green Book Standards. Mr. Weatherspoon questioned why there are more trees on Linton Boulevard than on West Atlantic Avenue. Mrs. Davila stated on West Atlantic Avenue the City is still accommodating parking on the sides of' the streets. Until such time as that is eliminated, it is physically impractical to have trees interfering with car doors and fenders. Mayor Campbell questioned Mr. Kettlehut as to the objections that need to be waived by the County. Mr. Kettlehut stated he and Mr. Church are working together with regard to the strict interpretation of the code. Mayor Campbell questioned what time frame is involved before the first contract can be let for bid. Mr. Kettlehut stated the only thing holding them up is the confirmation from the County and approval by the Commission. Mayor Campbell questioned the order in which the work is going to be done. Mr. Kettlehut stated the Linton Boulevard and the Atlantic Avenue Interchanges are ready to go at this time. The County is re- questing the City officially submit these plans to DOT. Mrs. Davila stated Homewood Boulevard beautification is contingent upon the comple- tion of the drainage by Engineering and completion of the road construc- tion. Lillian Feldman stated she was told at the last Beautification Trust Meeting Homewood Boulevard would not be landscaped for two years, due to the drainage and widening of the road. It is her understanding the east side of Homewood Boulevard is to be widened and does not see how that will affect the median. She feels the Commission should take some action. Sam Schwimer questioned if the funding is available and why this project cannot be started this summer, as originally planned. The City Manager advised the money can be made available and explained this item is on the Capital Improvement Workshop Agenda. Ms. McCarty questioned why it is necessary to wait to beautify the Homewood Boulevard median. Mrs. Davila stated the medians are not curbed, so do not exist in the sense of landscaping~ Mr. Weatherspoon moved to reconsider the Agenda and to move Item No. 40 to be next on the Agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 40. Grant Application Proposal - Beautification Funding. The Commission is to consider approval of a fee proposal not to exceed $13,000 from H. Kurt Kettlehut & Associates to prepare a grant proposal to Florida DOT for beautification funding. Upon question by Ms. McCarty, Mr. Kettlehut stated in the course of preparing drawings and discussion with DOT, it was learned that there are three sources of funding available that are over and above what had been allocated. These sources require that detailed plans be submitted prior to issuing grants. Mayor Campbell suggested Mr. Kettlehut inform Ms. McCarty since she will be in Tallahassee this week. Mr. Kettlehut stated they would like to have $500,000 for the four interchanges from the State DOT. The City Manager stated it is his understanding that up to $13,000 commission is being sought by Mr. Kettlehut to prepare plans for -13- 4/26/88 491 $500,000 worth of additional landscaping to submit to agencies in order that the City may be considered for the additional funding. Mr. Kettle- hut stated that is correct, but is in no way a duplication. This is for areas over and above monies being spent by the City of Delray. Ms. Brainerd moved to authorize Mr. Kettlehut to apply to the State Department of Transportation, the Highway Beautification Council and the U.S. Department of Transportation to fund additional beautifi- cation at the appropriate interchanges, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 17. Ordinance No. 25-88 - Annexing property and Establishing an Initial City Zoning of RM. Ordinance No. 25-88, annexing property and establishing an initial City zoning of RM for a parcel located at the southwest corner of A1A and Brooks Lane, is before the Commission for consideration on First Reading. If passed Public Hearing will be held May 24th. The City Manager presented Ordinance No. 25-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 40, DELRAY BEACH SHORES, A SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE 167, IN 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 SOUTHWEST CORNER OF THE INTERSECTION OF BROOKS LANE AND STATE ROAD NO. A1A; 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 RM (MEDIUM TO MEDIUM HIGH DENSITY 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. Weatherspoon moved to adopt Ordinance No. 25-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mayor Campbell questioned what the density levels are in RM zoning. Mr. Kovacs stated the RM Zoning District is from seven to ten units per acre, but this is less than an acre. Normally, a site plan would have 4 units; however, on this parcel of property the City has already designated there could be five units per acre. The next lowest designation would be RL (Residential Low Density Multiple Family) and that would have three units. At this point the roll was called to the motion. 18. Ordinance No. 26-88 - Annexing the Balance of Enclave 40. Ordinance No. 26-88, annexing the balance of Enclave 40, containing .2 acres with a zoning of R-1AA and located on the north side of Brooks Lane, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held May 24th. The City Manager presented Ordinance No. 26-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 59, DELRAY BEACH SHORES, A SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE 167, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS -14- 4/26/88 492 LOCATED ON THE NORTH SIDE OF BROOKS LANE, BETWEEN STATE ROAD NO. A1A AND THE INTRACOASTAL WATERWAY; 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. Ms. McCarty moved for the adoption of Ordinance No. 26-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 19. Ordinance No. 27-88 - Annexing property south of Germantown Road. Ordinance No. 27-88, annexing property south of Germantown Road, involving 4.2 acres for which water and sewer service does not exist and located north of the L-37 Canal and west of the Andover Subdivision, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held May 24th. The City Manager presented Ordinance No. 27-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED SOUTH OF GERMANTOWN ROAD, NORTH OF THE L-37 CANAL, WEST OF ANDOVER SUBDIVISION, AND EAST OF HOMEWOOD BOULEVARD, IF EXTENDED SOUTHWARD; 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-1AAA (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. Weatherspoon moved for the adoption of Ordinance No. 27-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 20. Ordinance No. 28-88 - Annexing the Aqua Crest Swimming Pool at Atlantic High School. Ordinance No. 28-88, annexing the Aqua Crest Swimming Pool at Atlantic High School, with a zoning of CF for the 2.67 acre tract and located on the east side of Seacrest Boulevard, south of Seacrest Lane, on the northwest corner of the Atlantic High School site, is before the Commission on First Reading. If passed, Public Hearing will be held May 24th. The City Manager presented Ordinance No. 28-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST SIDE OF SEACREST BOULEVARD, BETWEEN N.E. 22ND STREET AND GULFSTREAM BOULEVARD, AT THE NORTHWEST CORNER OF THE ATLANTIC HIGH SCHOOL SITE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -15- 4/26/88 493 The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 28-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerdo- Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 21. Conditional Use Permit Request and Approval of Site Plan (CU 6-221). The Commission is to consider a request for a conditional use permit and approval of a site plan for a car wash at the Chevron gaso- line station located at the northwest corner of Congress and Atlantic Avenues, subject to the following conditions: (a) a two drive way concept including relocation of an existing driveway to the west. (b) landscaping presented in a revised site plan submitted on December 21, 1987. (c) that the location of the car wash on the northern portion of the site be submitted to the Planning Department for adminis- trative review and approval through the non-impacting site plan modification process prior to June 1, 1988. Ms. Brainerd moved for approval, subject to conditions, second- ed by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 22. Conditional Use Permit Request and Site Plan Appr.oval. (CU 6-222). The Commission is to consider a request for conditional use and site plan approval for an extension of an existing display parking area for Bill Wallace Ford, located at the northwest corner of Linton Boule- vard and Germantown Road and subject to the following stipulations: 1. A boundary plat should be filed. 2. An abandoned 10" water main must be removed. Ms. McCarty moved for approval, subject to stipulations, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 23. Final Plat Approval - Wallace Ford. A request for final plat approval for the Wallace Ford Dealership located at Linton Boulevard and Germantown Road, involving three parcels previously annexed to the City, is before the Commission for consideration and subject to the following condition, which will be enforced at the time of expansion through a site plan condition: 1. A 10" water main beneath the site be moved. Ms. McCarty moved for approval, subject to the condition, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 25. Land Use Plan Amendment - Jacobson's Department Store. The Commission is to consider a Land Use Plan Amendment from MF-10 to C and rezoning from RM-10 to CBD to accommodate construction of a parking facility for the proposed Jacobson's Department Store addition to Atlantic Plaza, located north of N.E. 1st Street and east of N.E. 7th Avenue. Mayor Campbell suggested the Commission initiate action tonight as a preliminary step for consideration and then place it on an upcoming workshop agenda. The City Manager explained the time frame is fairly tight and he is proposing the Commission hold the first public hearing on May 24th and P&Z Commission hold their hearing on May 16th, pending the action tonight. -16- 4/26/88 494 Mayor Campbell stated if the members of the Commission agree, the time frame and procedure outlined in the City Manager's memo will be approved tonight. The Commission concurred. Ms. Brainerd moved to initiate a Land Use Plan Amendment action from MF-10 to C and a rezoning from RM-10 to CBD for properties located north of N.E. 1st Street and east of N.E. 7th Avenue, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. 26. Final Plat Approval - Priest Commercial Propert~ The Commis- sion is to consider a request for a final subdivision plat for O.D. Priest Commercial Project located between Dixie Highway and U.S. 1, adjacent to N.W. 16th Street. Mr. Weatherspoon moved for Final Plat approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 27. Site Plan Approval - Pulte Housing Corporation. The Commission is to consider a request for site plan approval for a PRD-L development known as the Villages of Barwick, located on the east side of Barwick Road between Lake Ida Road and Ridgewood Road and subject to the follow- ing conditions: 1. Change "provide" turn lane improvements to "construct". 2. A minimum perimeter of 25 feet be provided along Barwick in the north and south sides of the entry road and entry road land- scaping be provided at the beginning of Phase I construction. 3. Developer to fund lift station/pump motor replacement when the 200 home threshold of development is met and developer to provide sewer main extension from the lift station to the project site with easements to be obtained by the developer. 4. Developer is responsible for providing a 12" water main from its present point of termination to the eastern boundary of the Pulte project at a point near Lone Pine Road_ to provide ade- quate flow and pressure remains but City to reassess this requirement when more detailed engineering data is presented with preliminary plans submission. 5. 2.32 acres of open space identified in Phase IV shall be "useable open space" and shall not include perimeter landscap- ing areas, setbacks or distance requirements between buildings and "useable open space" areas shall meet the amenity or recreational purposes provided for by the PRD-L regulations. 6. Park/Pool site #2 shall be constructed as a part of the Phase II improvements. 7. All corner lots shall provide require~ minimum setbacks. 8. Change "shall" to "will" on Page 7 of the narrative relating to recreational amenities for Phase IV. 9. Street construction standards for public streets contained in the City's street standards shall apply except as provided for elsewhere and where an option exists for access to a lot from either a private street system or the loop street, access should be from the private street system unless good reasons exist. This requirement shall be subject to further review at the time of platting for each phase. Back-out parking from multi-family housing onto the private street system serving Phase IV is not permitted and no parking shall be allowed along the road connection between Barwick and the loop ruad. 10. Utility system section to be amended to include language that accelerated "looping" connections or increased sizing may be required by the Fire and/or Utility Departments if warranted for water pressure, system reliability or fire suppression. Mayor Campbell stated it is his understanding that all the Commissioners have met with members of the Pulte Corporation, reviewed the plan very carefully and have had their questions answered. What is being approved tonight is conceptually an overall site plan. They will return at a later date with the first plat. -17- 4/26/88 495 Ms. Brainerd moved to approve the site plan, as presented, subject to the conditions of the P&Z Board, with a change in Item 9 from "extraordinary conditions" to "good reasons", granting a waiver to allow provision of sidewalks on one side of the private street system and that approval of this site plan be valid for a period of 18 months, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 28. Modification of Public Hearings, Annexation and Rezonin~ Procedures. The Commission is to consider modifying procedures for Public Hearings, Annexation, Rezoning and Land Use Amendments. The City Manager stated this follows the consensus of the Commission at the workshop of last week to allow additional time tO review rezoning and annexation items prior to responding to an ordi- nance. The City Attorney advised their office will do the research on the First Reading Public Hearing issue. Mr. Weatherspoon moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 31. Appointment - Downtown Development Authority. The Commission is to consider the appointment of one member to the Downtown Development Authority. Ms. McCarty stated she would like this item postponed until the proper advertising has been completed. Ms. McCarty moved to postpone this item to May 24th, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 38. Award of Bid for Water and Sewer Improvements. The Commission is to consider award of bid for Water and Sewer Improvements for three projects in the amount of $142,479.92 to Onontario of Palm Beach, Inc. The projects include Allen Avenue water improvements, West Atlantic water and sewer improvements and a 12 inch water main tie-in along north Federal Highway. Upon question by Ms. McCarty, the City Manager stated a policy decision needs to be made with regard to payment of connection fees and construction costs for annexed properties along with current residents of the City. A task force is now working on this, as no formal action has ever been taken. He is proposing the bid be awarded tonight and return within thirty days with a firm policy. A connection needs to be made between an eight and twelve inch main on North Federal Highway and the Allen Avenue project cannot go forward until the water main is extended. Mayor Campbell questioned why West Atlantic is being improved as he does not recall this item being before the Commission at a prior meeting. Mr. Kovacs advised it is a City infrastructure extension running a water main from the north side of Atlantic Avenue to the Barnett Bank, approved by the Utilities Director. The City Manager stated this is the very reason there should be some policy established in order to address questions along this line. Mr. Weatherspoon moved to approve the Award of Contract, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 39. Interlocal Agreement - Line of Credit. The Commission is to consider approval of an Interlocal Agreement for a line of credit up to $2.2 million dollars between the Community Redevelopment Agency and the City. The purpose is several fold including: (1) refinance of the original obligation for the purchase of Courthouse property, (2) -18- 4/26/88 498 the vendors to make room for more parking, and he feels it is now time the Commission tried to work with Mr. Henn. 43. Ms. McCarty moved to approve the minutes of the Regular Meeting of April 12, 1988, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 44.a.1. Ms. Brainerd stated she attended a meeting last evening of the Conservation Committee for the National Audubon Society and learned the City of Boca Raton made $140,000 last year by recycling newspapers. She asked if there is a consensus of the Commission to look into this and questioned what procedure would need to be followed in order for the City to do something similar. She would prefer it be focused on home pickup. Mr. Weatherspoon stated there are a number of churches in the area who are currently participating in such a program. The City Manager stated he feels this is a worthwhile program, is being pursued now by Mike O'Brien in Waste Management and Richard Bauer in Code Enforcement and he will report back to the Commission. 44.a.2. Ms. McCarty stated she would like to commend the City Manager and the Police Department for the sweeps on North Federal Highway for prostitution in the last few weeks. She hopes it continues and soon is cleaned up. 44.a.3. Mayor Campbell stated he received a call from the County Engineer informing him the County has agreed to urban section and upgrade Germantown Road. 44.a.4. Mayor Campbell stated there will be a Special Meeting at 4:00 P.M. on Friday, April 29th, to consider extension of the site plan approval for St. Mary's The Virgin Church. There will also be a roundtable discussion workshop to be held in the conference room. The items include the Jacobson Garage Issue, the Marina Delray Lawsuit, the City Hall layout, the Capital Improvement Program, the Homewood Boule- vard drainage system and the Saralyn Ledbetter problem. 44.bol. Assistant City Attorney Kurtz stated a problem has arisen in some residential developments relative to double frontage lots. The original intent was to have front setbacks on lots that went through a block. That has now been applied to situations where there is an internal development road or perhaps a wall that is prohibiting access to one of the roads. While it is still considered a double frontage lot, the owner must develop the property with two front setbacks or go to the Board of Adjustment. The City Attorney's office is proposing an ordinance to eliminate the problem, by having a lot considered a single frontage lot if there is a limited access easement running to the City. They would like concurrence from the Commission. The Commission con- curred. 44.c.1. The City Manager stated earlier this evening Ordinance No. 18-88, modifying Chapter 2, was adopted on Second and FINAL Reading. One of the items requested was approval of the Management Services Group, consisting of the Departments of Finance, Personnel, Budget, Risk Management, Purchasing and Information Resources, under the supervision of an Assistant City Manager. He requested the Commission vote on this proposal as it was on the agenda, but was not approved as part of the action. Upon question by Mayor Campbell if, procedurally, it is neces- sary to revisit the motion, the City Attorney advised it was part and parcel of the proposal with the ordinance that permitted the restruct- ering, but it would have required a second motion. The Commission concurred to place this on the Special Meeting to be held on Friday, April 29th. Mayor Campbell declared the meeting adjourned at 10:58 P.M. -21- 4/26/88 499 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 26, 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. -22- 4/26/88