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12-13-88 385 DECEMBER 13, 1988 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:00 P.M., Tuesday, December 13, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Arthur Arvay, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. ? 4. Presentation - Delray Lodge Number One Hundred Seventy One (Clifford A. Painter, Master). Clifford Painter stated he presented Mayor Campbell with a flag which had flown over the Capitol along with a book which was complied by Robert B. Watts. To compliment these gifts he would like to present the Commission with a flag pole, a wall mount and a frame for the c~rtifi- cate which accompanied the flag. These gifts are in appreciation for what the City and the Commission have been doing to beautify Delray Beach. 5.A. Mayor Campbell presented a proclamation proclaiming December 11-17, 1988, as "The Week of the Maureen Connolly Brinker Continental Players Cup". Karen Feldman, Co-Promoter of the Continental Players Cup, stated she has brought some of the representatives from some of the countries with her tonight. At this time each of the players came forward and introduced themselves. Glen Feldman, Tournament Director, stated he would like to thank the City and Commission for enabling them to put on this tennis tournament in Delray Beach. He presented the Commission with a poster which had been autographed by all the players and official T-shirts from the tournament. 5.B. Mayor Campbell presented a proclamation proclaiming the month of January, 1989, as "Volunteer Blood Donor Month". 5.C. Mayor Campbell presented a proclamation proclaiming the week of January 28 - February 5, 1989, as "Juvenile Diabetes Week" PROCEDURAL ITEMS 6.1. Deborah Wright, 815 N.W. 2nd Street, stated the youth of Delray refuse to let the Commission relocate and interrupt their parents lives. They are willing to meet with the Commission, the Community Redevelop- ment Agency and any designated committee to work out a better plan than has been offered thus far. 6.2. Lillian Feldman, representing the Delray Beach Democratic Club, stated they would like to commend the Mayor and Commissioners for initiating the Beautification Program and making the City one which others may emulate. They feel it would be appropriate for the 386 Commission to issue an invitation to all the citizens to come downtown and see what has been accomplished. 6.3. Lillian Feldman stated, with regard to the fashion show held last Friday, that she personally enjoyed it very much. It was done very beautifully; however, the room was too small and there were not enough people from all over the City. She hopes that next year it will be in a larger room with a moderator. 6.4. James Bowen, 116 Marine Way, stated the Commission received a letter from PROD and he would like to read it into the record tonight. They feel the election of City Commissioners by numbered seats is against the best interests of the citizens and he outlined their reasons for thinking this. They are asking that the Commission instruct the City Attorney to draft an ordinance to call for a charter change to return to the previous system whereby the two top vote getters will win the two open seats. This will eliminate the need for run-off elections. Further, they are asking that this request be handled promptly so that the proposed charter change will appear on the March, 1989, ballot. 6.5. Dr. Mike Gurman, read a letter from his wife urging the Commis- sion to reconsider the decision on fluoridation of City water. She feels that the decision was made with haste and little consideration was given to the rights of the residents of Delray Beach. 7. Mayor Campbell stated that he had requested that Item 13 be ~eleted and a memo be given in its place. Also, that Items 30, 32, 33, 35 and 36 be placed on the Consent Agenda. The City Manager clarified that Item 32 should i~ndicate initiating a rezoning to CF and GC. Ms. Horenburger moved to approve the agenda with Item 13 deleted, pending a memo, and moving Items 30, 32, 33, 35 and 36 to the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ms. Horenburger moved to approve the minutes of the Regular Meetings of November 8, 1988, and November 22, 1988, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING - ENCLAVES 9. Ordinance No. 94-88. Ordinance No. 94-88, annexing Enclave No. 52, located between Dixie and Federal Highway, south of Sherwood Honda (IandiMarino), 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. 94-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 29, 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 BETWEEN U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY, LYING IMMEDIATELY SOUTH OF SHERWOOD HONDA; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT, IN PART, SC (SPECIALIZED COMMER- CIAL) DISTRICT, IN PART AND RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 94-88 is on file in the official Ordi- nance Book) -2- 12/13/88 387 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. 94-88 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; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 145-88. Ordinance No. 145-88, annexing Enclave No. 24, located between U.S. No. 1 and the Intracoastal Waterway, between Ridgewood Road and N.E. 8th Street, 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. 145-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 9, 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 BETWEEN U.S. HIGHWAY NO. 1 AND THE INTRACOASTAL WATERWAY, BETWEEN RIDGEWOOD ROAD AND N.E. 8TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, GC (GENERAL COMMERCIAL) DISTRICT, IN PART, LI (LIGHT INDUSTRIAL) DISTRICT, IN PART, RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, IN PART AND ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 145-88 is on file in the official Ordinance 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. Michael Connors, representing Barbara Yakes who owns 17 acres in this Enclave, requested that the .Commission follow the staff recom- mendation to initiate a rezoning to RM-6 for this property subsequent to annexation. William Murtha, 1202 N.E. 9th Avenue, representing CAPA, stated they strongly object to these annexations. A1 Brock, 740 South Lake Avenue, stated he believes there is an expectation of service level which comes with annexation; as of now, he has been unable to see an implementation plan of those services. He owns one of the lots in the Enclave which is currently zoned for duplex. He would like the P&Z Board to consider leaving this in a zoning compa- rable to what it was rather than R-lA. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 145-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: -3- 12/13/88 388 Upon question by Mr. Weatherspoon, Mr. Kovacs, Planning Direc- tor, stated that it is his position that the P&Z Board should initiate a rezoning petition so that the item can be looked at with specifics to the two individual properties mentioned above. Next Monday, they will be looking at several parcels within Enclave 24 and will be initiating the rezonings at that time. At this point the roll was called to the motion. 11. Ordinance No. 146-88. Ordinance No. 146-88, annexing Enclave No. 69, located north of the L-37 Canal, east of Verona Woods and 450 feet west of the E-4 Canal, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 146-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 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 IMMEDIATELY NORTH OF THE L-37 CANAL, IMMEDIATELY EAST OF VERONA WOODS, AND 450 FEET WEST OF THE E-4 CANAL, LYING NORTH AND SOUTH OF GERMAN- TOWN ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SA~D LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AAA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 146-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms.- Brainerd moved for the adoption of Ordinance No. 146-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 147-88. Ordinance No. 147-88, annexing Enclave No. 71, located west of State Road A-1-A and north of Linton Boulevard between Rhodes Villa Avenue and Del Haven Drive, is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion 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. 147-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 AND 2, DELRAY BEACH SHORES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 167, 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 STATE ROAD A-1-A AND NORTH OF LINTON BOULEVARD, BETWEEN RHODES VILLA AVENUE AND DEL HAVEN 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. -4- 12/13/88 389 (Copy of Ordinance No. 147-88 is on file in the official Ordinance 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. 147-88 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; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING - NON-ENCLAVE 14. Ordinance No. 143-88. Ordinance No. 143-88, amending Title 17 "Land Usage", Chapter 173 "Zoning Code" of the Code of Ordinances to define abandonment of conditional uses previously approved, 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. 143-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND USAGE", CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 173.852, "ABANDONMENT OF CONDITIONAL USES", TO PROVIDE FOR THE ELIMINATION OF CONDITIONAL ~USE APPROVAL; PROVID- ING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 143-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms.- Brainerd moved for the adoption of Ordinance No. 143-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 15. Ordinance No. 144-88: Ordinance No. 144-88, amending Chapter 100 "Nuisances" of the Code of Ordinances providing for maintenance of yards and landscape areas and of exterior building walls, 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. 144-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", CHAPTER 100, "NUISANCES", OF THE CODE OF ORDINANCES .OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 100.07, PROVIDING FOR MAINTENANCE OF YARDS AND LANDSCAPE AREAS, AND A NEW SECTION 100.08, TO PROVIDE FOR MAINTENANCE OF EXTERIOR BUILDING WALLS, ALL AS A MATTER OF PUBLIC NUISANCE ABATEMENT REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 144-88 is on file in the official Ordinance Book) -5- !~/13/88 390 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. McCarty moved for the adoption of Ordinance No. 144-88 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; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 16. Ordinance No. 150-88. Ordinance No. 150-88, amending Ordinance ~o. 3-84 pertaining to Isles of Delray SAD District, extending condi- tional use and site plan approval for 18 months, is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion 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. 150-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 3-84, PERTAINING TO A 40.73 ACRE PARCEL OF LAND, PRESENTLY ZONED TO THE "SPECIAL ACTIVITIES DISTRICT" (SAD) AND LOCATED NORTH OF LAKE IDA ROAD, BETWEEN THE E-4 CANAL AND N.W. 8TH AVENUE, SAID LAND BEING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO PROVIDE FOR EXTENSION OF CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL, AND DELETING THE TRAFFIC STUDY REQUIREMENT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE 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 0Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 150-88 on Second and FINAL Reading. Ms. Brainerd questioned, regarding the 108 foot easement and the traffic study, if the purpose of the easement is for beautification rather than-traffic flow and if this is consistent with existing City policy. Mr. Church, City Engineer, advised the County's traffic way plan identifies the right-of-way for all the arterial and collector roads in the City. Lake Ida Road was always shown as 108 feet and they have been acquiring 108 feet for all developments. If they were to reduce it to 80 feet for that segment they would only be able to put the pavement in. Ms. Brainerd questioned what new information do they anticipate the traffic study will provide which the five-lane widening does not already address. Mr. Church advised only the geometrics at the intersection; they feel they can improve the geometrics and verify the turning movements. Upon question by Ms. Horenburger if the design is completed by the County for that section of roadway, Mr. Church stated it is sched- uled for design in 1989. They have not done any detailed study in terms of the alignment of the road. Ms. Horenburger stated it could be that six months from now they will find out that the County is going to build the road more on the south end than the north and they will not need the right-of-way at all. The City Manager stated they could abandon that portion of the right-of-way which was no longer needed. Mr. Kovacs stated the traffic study was recommended by the P&Z Board with the caveat that it identifies the improvements necessary so that the obligations of the developer are defined. Mayor Campbell stated he believes the traffic study is a waste of time and money and they could be setting a precedent. Plans are going to be going forward and it is not necessary in this instance. -6- 12/13/88 391 Mr. Weatherspoon stated that since Mr. Church said that this traffic study would be an update of what they have anyway, he would support it. Ms. Horenburger suggested they reword the ordinance so that it states they update the original traffic study for the intersection of Roosevelt and Isles of Delray. The City Attorney advised if they are not going to delete the traffic study it will modify the caption of the ordinance. Therefore, they would have to go back to first reading. The Commission could adopt this ordinance as the first reading of Ordinance No. 150-88 with the change in the caption to delete the phrase which states "deleting the traffic study" Ms. Horenburger made a substitute motion to adopt Ordinance No. 150-88 on First Reading, deleting the phrase which states "deleting the traffic study" and changing it to read "modifying the traffic study requirement", seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - No; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. 17. Ordinance No. 151-88. Ordinance No. 151-88, a correcting Ordinance zoning a parcel along South Federal Highway adjacent to the Barrton Apartments from RM-15 to SC, 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 toibe held at this time. The City Manager presented Ordinance No. 151-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT TO SC (SPECIAL- IZED COMMERCIAL) DISTRICT; SAID LAND IS LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO. 1 (S.E. 6TH AVENUE), BETWEEN S.E. 5TH STREET AND S.E. 6TH STREET, IF EXTENDED EASTWARD; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROUIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 151-88 is on file in the official Ordinance 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. Michael Wiener, representing Leonard Surles, the owner of the property, stated that this is a correcting ordinance changing the zoning map and is not a rezoning. He has furnished the City Manager with a letter showing Mr. Surles' intentions to rehabilitate the building to professional offices, not automotive uses. Jean Beer, 945 Tropic Boulevard, stated that according to the Planning Director the SC cannot be readily accommodated as the prop- erty's designation on the Land Use Map is MF-15. She questioned how they can zone this to a commercial designation without doing a land use change. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 151-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon question by Mr. Weatherspoon with regard to Mrs. Beer's statement, the City Attorney stated it is a very good question and, frankly, he does not know how they can do it. However, they could -7- 12/13/88 392 accept the theoretical position that it can be done within the context of that which is permissible in commercial is also permissible in residential. Ms. Horenburger stated that if Mr. Surles wants to build professional offices they should rezone it to RM-10 which allows it and it would be compatible with the Land Use Plan. The City Manager stated there appears to be a problem with that. When the owner went to sell the property he discovered that the correct zoning designation had not been applied to his fee-simple title. The City Attorney clarified that this property has never received the RM-15 designation, they are correcting a mistake on the Land Use Map and reestablishing that which already existed. Mayor Campbell stated he would not want to do anything which would give a permissible SC designation; however, he has no problem with GC or an SAD. Ms. Horenburger left the Commission Chambers at this time. Mr. Wiener advised Mr. Surles has no problem with an SAD or deed restrictions which would make the City comfortable; however, he does need the SC or GC zoning. If automotive uses are what is troubling the Commission they will work with them. Mayor Campbell stated if Mr. Surles wants to give them some kind of deed restriction on the property eliminating the possibility of automotive uses, they will be glad to go with the SC zoning. He will not sign the ordinance until he registers a copy of the recorded deed restrictions with the City Clerk. Mr. Weatherspoon amended his motion as suggested by Mayor Campbell, Ms. Brainerd amended her second. Up6n 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. Ms. Horenburger returned to the Commission Chambers at this time. 18. Ordinance No. 153-88. Ordinance No. 153-88, amending Chapter 174 "Historic Preservation" of the Code of Ordinances to further clarify the Code to ensure the proper functioning of the Historic Preservation Board, 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. 153-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 174, "HISTORIC PRESERVA- TION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING, "GENERAL PROVISIONS", SECTION 174.02, "DEFINITIONS" AMENDING THE DEFINITION OF UNDUE ECONOMIC HARDSHIP, TO FURTHER CLARIFY THE NEED FOR THE CONSIDERATION OF UNDUE ECONOMIC HARDSHIP WHEN CONSID- ERING APPLICATIONS FOR CERTIFICATE OF APPROPRIATENESS, INCLUDING BUT NOT LIMITED TO CERTIFICATE OF APPROPRIATE- NESS APPLICATIONS REQUESTED BY PROPERTY OWNERS FOR DEMOLITION; BY AMENDING, "CERTIFICATE OF APPROPRIATE- NESS", SECTION 174.30, "BASIC REQUIREMENTS", SUBSECTION 174.30(B), TO PROVIDE THAT PLAN REVIEW IS REQUIRED; BY REPEALING "CERTIFICATE OF APPROPRIATENESS", SECTION 174.32, "INITIATION AND PROCEDURE", SUBSECTION 174.32(B) AND ENACTING A NEW SUBSECTION 174.32(B), TO PROVIDE THAT APPLICATIONS FOR CERTIFICATE OF APPROPRIATENESS MUST BE FILED WITH THE DEPARTMENT OF COMMUNITY IMPROVEMENT AND AMENDING SUBSECTION 174.32(F), TO PROVIDE THAT A CERTIF- ICATE OF APPROPRIATENESS SHALL EXPIRE EIGHTEEN MONTHS -8- 12/13/88 393 FROM DATE OF ISSUANCE, ELIMINATING THE TWENTY-FOUR MONTH EXPIRATION PERIOD IF 25% OF THE IMPROVEMENTS ARE NOT COMPLETED; BY AMENDING "HISTORIC PRESERVATION BOARD", SECTION 174.43, "POWERS AND DUTIES", BY AMENDING SUBSEC- TION 174.43(F), TO CLARIFY THAT THE HISTORIC PRESERVATION BOARD HAS POWER TO ACT IN LIEU OF THE BOARD OF ADJUSTMENT IN ORDER TO GRANT VARIANCES FROM THE SIGN CODE; BY AMENDING "ADMINISTRATION AND ENFORCEMENT", SECTION 174.54, "VARIANCES", SUBSECTION 174.54(B) (1), TO PROVIDE ADDITIONAL CRITERIA FOR VARIANCES REQUESTED BECAUSE OF UNNECESSARY HARDSHIP, AS WELL AS CRITERIA FOR A VARIANCE WHICH IS NECESSARY TO MAINTAIN THE HISTORIC CHARACTER OF THE BUILDING, STRUCTURE, SITE, OR DISTRICT, AND AMENDING SUBSECTION 174.54(B) (7) BY ENACTING A NEW SUBSECTION 174.54(b) (7) (D) TO PRECLUDE SIGN CODE VARIANCES EXCEPT FOR VARIANCES TO THE SIGN CODE FOR THOSE NONCONFORMING SIGNS IN EXISTENCE ON THE DATE OF THE ENACTMENT OF THE SIGN CODE AND AMENDING SUBSECTION 174.54(B) (12), TO PROVIDE CLARIFICATION THAT EITHER AN "UNNECESSARY HARD- SHIP" OR THE NEED TO MAINTAIN THE HISTORIC CHARACTER OF THE BUILDING STRUCTURE, SITE, PROPERTY OR DISTRICT SHALL SERVE AS A BASIS FOR A VARIANCE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 153-88 is on file in the official Ordinance 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. 153-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Ordinance No. 155-88. Ordinance No. 155-88, amending Chapter 36 "Finance, City Property Transactions" of the Code of Ordinances to provide for the procedures and requirements for City purchasing in the case of emergencies, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 155-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SECTION 36.08, "EMERGENCY PURCHASES", TO PROVIDE FOR THE PROCE- DURES AND REQUIREMENTS FOR CITY PURCHASING IN THE CASE OF EMERGENCIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 155-88 is on file in the official Ordinance 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. 155-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon question by Mayor Campbell if the ordinance was modified pursuant to the discussion they had on first reading, the City Attorney advised this is the modified version. Mayor Campbell stated it was his -9- 12/13/88 394 understanding that for any kind of an emergency they would be notified by the City Manager. The City Attorney advised that can be put in the ordinance or come under administrative procedures. Mayor Campbell suggested that in Subsection B of Section 1 they add that the City Manager notify the Commission of any emergency. Ms. Horenburger amended her motion to adopt Ordinance No. 155-88 on Second and FINAL Reading, adding in Section I(B), that the City Manager will notify the Commission after the fact, Ms. McCarty amended her second. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 20. Ordinance No. 156-88. Ordinance No. 156-88, designating Marina Historic District in the area between Atlantic on the north from the Intracoastal west to approximately 100 feet of Federal Highway extending southbound to 4th Street then eastward to the Intracoastal Waterway, 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. 156-88: AN ORDINANCE~ OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING BLOCK 125, EXCLUDING THE SOUTH 250' OF THE NORTH 488.6' OF THE WEST 100' OF BLOCK 125, THAT PART OF BLOCK 133 LYING WEST OF THE INTRA- COASTAL WATERWAY, THE EAST HALF OF BLOCK 118, ALL OF BLOCK 126, THAT PORTION OF BLOCK 134 LYING WEST OF THE INTRACOASTAL WATERWAY, THE EAST HALF OF BLOCK 119, ALL OF BLOCK 127, THE EAST HALF OF BLOCK 120 AND ALL OF BLOCK 128, ALL WITHIN THE TOWN OF LINTON PLAT, AS RECORDED IN PLAT BOOK 1, PAGE 3, PALM BEACH COUNTY RECORDS, AN HISTORIC PRESERVATION DISTRICT; AMENDING ZONING MAP OF DELRAY BEACH, FLORIDA, 1983; 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. Larry Smith, representing the Willie Mae Lawson Trust, stated his client owns property within the proposed Marina Historic District. He asked the Commission to consider carefully whether or not commercial properties should be included in historic districts. His clients property is located at the extreme northwest corner of the proposed district and he is requesting that it be excluded. He advised that the Historic Preservation ordinance requires that within 30 days of a positive recommendation for historic status the Commission will hold a public hearing concerning the recommendation in accordance with the established procedures for public hearings. It is his understanding that the Historic Preservation Board held their public hearing and has taken no subsequent action in terms of recommendation since October 27th; this is clearly beyond the 30 days which the ordinance prescribes. Richard Robb, 50 Palm Square, stated he is the spokesman for the coalition of property owners who are opposed to the historic desig- nation of the marina area. He feels that the Commission should take a long look at this, reconsider and delay their vote. Pat Heal¥, Chairman of the Historic Preservation Board, stated she feels that their efforts have been very visible and positive in the community and she appreciates the Commission's support. She would encourage the Commission to vote yes on the marina historic district in its entirety. She received several letters today and feels that the majority of the residents are in favor of the district. -10- 12/13/88 395 Digby Bridges, 124 N.E. 5th Avenue, stated that on behalf of his client, The Patio, he would like to state that he does not mind going into the historic district; however, he does hope that the scheme prepared could be done within the area. James Bowen stated that The Patio is not very good looking any more and would be hard to use for anything. He has seen Mr. Bridges' plans for the building which were turned down because of lack of park- ing. Historically, the vacant lot between Palm Square and the Intra- coastal has been vacant and used by The Patio for parking; however, they still had traffic problems. William Andrews, 801 Palm Trail, stated they went through a Visions 2000 conference and recognized that the Intracoastal Waterway is a valuable asset to the City. He stated that if the site planning for the buildings between Palm Square and the Intracoastal were done today they would be turned down as they are blocking the view. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 156-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Mr. Weatherspoon stated it is his understanding of the process that this does not preclude the commercial properties from expanding and that is why he is supportive of this. Upon questioN by Mr. Weatherspoon, the City Attorney stated the section Mr. Smith alluded to is in Section 174.22 of the Code. It is his position that even if that did not occur, it is merely a technical irregularity which would not affect the validity of the ordinance before them. It is not a thirty days advance notice of a rezoning or a techni- cal matter where sufficiency of notice in advance is the question; the subsection which is being dealt with here requires that the City gets going on a recommendation and that they ought to publicly hear from the people affected within thirty days of the date the Historic Preservation Board makes such a recommendation. He stated that the Historic Preser- vation Board has a meeting scheduled for Friday; he will request that they place on their agenda the issue of the recommendation and ratifica- tion of the Marina Historic District. They can then vote affirmatively on Friday and the Commission could continue the public hearing and their consideration of the Ordinance until 7:00 P.M. next Tuesday. They will then be within the thirty days of the recommendation. Ms. Horenburger amended her motion to reopen the public hearing and continue the public hearing on Ordinance No. 156-88 until Tuesday, December 20th at 7:00 P.M., Ms. Brainerd amended her second. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Ms. Horenburger left the Commission Chambers at this time. 21. Ordinance No. 157-88. Ordinance No. 157-88, correcting an incorrectly transcribed portion of the Code dealing with private streets, 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. 157-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 172, "SUBDIVISION CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 172.03, "DEFINITIONS", "STREETS", SUBPARAGRAPH (6), "PRIVATE STREET", TO CORRECT A SCRIVENER'S ERROR; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 157-88 is on file in the official Ordinance Book) -11- 12/13/88 396 The Assistant 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. 157-88 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. 22. Ordinance No. 158-88. Ordinance No. 158-88, amending the Land Use Plan for property located at the southeast corner of Miramar and Venetian Drives, changing zoning from P to MF-15, is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion 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. 158-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOTS 1 AND 2, BLOCK "D", JOHN B. REID'S VILLAGE, DELRAY BEACH, FLORIDA, 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, FROM P (PUBLIC) TO MF-15 (MULTIPLE FAMILY - 15 UNITS/ACRE); SAID LAND I~ LOCATED AT THE SOUTHEAST CORNER OF MIRAMAR DRIVE AND VENETIAN DRIVE; AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 158-88 is on file in the official Ordinance Book) The Assistant 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. McCarty moved for the adoption of Ordinance No. 158-88 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. 23. Ordinance No. 159-88: Ordinance No. 159-88, amending the City's Land Use Plan by creating a Large Scale Mixed Use category to accommodate development proposed along the Intracoastal Waterway south of the Swap Shop on Federal Highway, 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. 159-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE TEXT OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CREATING A LARGE SCALE MIXED USE DEVELOPMENT DESIGNATION, WHICH LAND USE CATEGORY WILL BE SHOWN ON THE LAND USE PLAN MAP IN AN OVERLAY MANNER AND WILL BE INTENDED TO IDENTIFY THE APPROXIMATE LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING FOR A DEFINITION AND CRITERIA; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 159-88 is on file in the official Ordinance Book) -12- 12/13/88 397 The Assistant 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. McCarty moved for the adoption of Ordinance No. 159-88 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. 24. Ordinance No. 160-88. Ordinance No. 160-88, a companion ordinance to the preceding Land Use Plan Amendment, is before the Commission for consideration on Second and FINAL Reading. This ordi- nance designates the Land Use Category "Large Scale Mixed Use" to apply to the Marina Cay property on North Federal Highway south of the Swap Shop. 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. 160-88: AN ORDINANCE OF THE CITY COMMISSION 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 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TO ACCOMMODATE THE OVERLAY DESIGNATION OF LARGE SCALE MIXED USE DEVELOPMENT; SAID LAND IS LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, BETWEEN ALLEN AVENUE AND THE DELRAY DRIVE-IN THEATER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 160-88 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 160-88 on Second and ~INAL 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. Ms. Horenburger returned to. the Commission Chambers at this time. 25. Request for Open Burning - Marzam Excavating, Inc. A request to waive Section 96.04 "Open Burning" to allow burning to clear land for Wallace Ford, Inc., is before the Commission for consideration. Alice Finst, 707 Place Tavant, stated that approximately one month ago she was before the Commission on behalf of the Homeowners League of Chatelaine opposing the open burning on Barwick Road. Several people from other areas in the City came and spoke to the Commission on the same issue. They were opposed to it because of pollution, environ- mental health and large amounts of debris. The Commission denied that request and she is requesting that they deny this one. Elaine Casper, 3000 Spanish Trail, stated they are going to have contaminants and pollutants given off when they have open burning and she requested that they deny this request. Ms. McCarty stated she voted against the open burning in the other instance and her reason for that was out of sensitivity to the residents in the immediate area. No one has spoken tonight who lives in the immediate area of this proposed open burning; therefore, she does not have a problem with it. -13- 12/13/88 398 Ms. McCarty moved to approve the open burning request, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 4 to 1 vote. Before roll call the following discussion was had: Mayor Campbell stated he feels they need to treat both property owners the same and disagrees that there would be a distinction either one way or the other. Upon quest%on by Ms. Horenburger, Chief Koen advised this is basically the same process and methodology as was proposed the last time. Ms. Brainerd questioned if they need to have an ordinance or policy against open burning so that they do not have people coming to them for things which they will deny. Mayor Campbell stated he feels anyone has the right to ask unless the ordinance otherwise bans it. Mr. Weatherspoon stated since they did turn down the other applicant based on environmental type damages, he feels obligated to vote against this request. Ms. Horenburger stated she feels they should look at proposing an ordinance; if it is going to be a policy they might as well state it officially. At this poin% the roll was called to the motion. SECOND READING 26. Ordinance No~ 99-87. Ordinance No. 99-87, a Land Use Plan Amendment-Large Scale Mixed Use Overlay Designation, is before the Commission for consideration on Second and FINAL Reading. The Commis- sion is to consider a request from the developer of Marina Cay to continue processing an amendment to the City's Land Use Map. 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. 99-87: AN -ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE TEXT OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CREATING A LARGE SCALE MIXED USE DEVELOPMENT DESIGNATION, WHICH LAND USE CATEGORY WILL BE SHOWN ON THE LAND USE PLAN MAP IN AN OVERLAY MANNER AND WILL BE INTENDED TO IDENTIFY APPROXIMATE LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. The Assistant 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. 99-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion FAILED by a 4 to 1 vote. 27. Ordinance No. 100-87. Ordinance No. 100-87, a companion ordinance to the preceding Land Use Plan Amendment, is before the Commission for consideration on Second and FINAL Reading. This ordi- nance designates the zoning category "Large Scale Mixed Use" to the general area south of the Swap Shop. 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. 100-87: -14- 12/13/88 399 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 LAND IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, GENERALLY IN THE VICINITY OF THE DELRAY DRIVE-IN AND SPECIFICALLY INCLUDING A PARCEL LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, BETWEEN ALLEN AVENUE AND THE DELRAY DRIVE-IN THEATRE FROM C (COMMERCIAL), IN PART, MF-10 (MULTIPLE FAMILY - 10 UNITS/ACRE), IN PART, AND SF (SINGLE FAMILY), IN PART, TO ACCOMMODATE THE OVERLAY DESIGNATION OF LARGE SCALE MIXED USE DEVELOPMENT; PROVID- ING AN EFFECTIVE DATE. The Assistant 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. 100-87 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 5 to 0 vote. REGULAR AGENDA 28. Pine Grove Elementary School Patrol Trip. Judith Kurzawski, Principal, and Dennis Bell, Patrol Sponsor, presented a request for funding of $1,000 to/enable school safety patrol members to attend the district-wide patrol trip to Washington, D.C., in January, 1989. The City Manager advised this request will be funded from the Commission's Special Activities Account. It is not a budgeted item; however, there is a miscellaneous activities amount in this account. Ms. Horenburger moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Ms. McCarty stated that if this is an annual trip they might want to put a letter in in the summer so that the Commission can consider this with other annual contributions that they make. At this point the roll was called to the motion. 29. Selection of Developer for Low to Moderate Income Housing Project. The Commission is to consider the selection of a developer for low to moderate income housing. Ms. Horenburger left the Commission Chambers at this time due to a conflict of interest. At this time the Commissioners wrote down their choice of developer. Mayor Campbell announced that the consensus of the Commis- sion is to select the Joint Venture Proposal. Ms. Brainerd moved to approve the Joint Venture proposal, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 31. Appointments - Delray Beach Human Relations Committee. The Commission is to consider the appointments of two members to terms ending March 15, 1990 and one member to a term ending March 15, 1989. Ms. McCarty moved to appoint Leonard Mitchell to the Human Relations Committee, 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. -15- 12/13/88 4O0 Ms. Horenburger returned to the Commission Chambers at this time. Mayor Campbell and Ms. Horenburger did not have nominations at this time. 34. Amendment No. 2 to Emergency Medical Service Agreement. The Commission is to consider approval of Amendment to Agreement between the City and the Town of Gulfstream changing the method of payment to provide normal and extraordinary levels of emergency medical services. Chief Koen stated that during the most recent budget workshops this item was brought up in terms of looking at all the City fees. They responded to this with a staff recommendation which proposed a different formula for funding the service from a per incident charge of $270 per call to a per capita service fee. This recognizes the broader scope of costs such as capital replacement depreciation, administrative staff burden, etc. This is consistent with what the per capita cost would be for the residents of Delray Beach and, therefore, they propose that the residents of Gulfstream pay an identical figure per capita. Upon question by Mr. Weatherspoon, Chief Koen advised that last year the revenue was $7,700 based on a per incident cost recovery; the proposal represents something less than $30,000. At this time the proposal is to negotiate the agreement, recognizing that the projected impact date would be October let; this gives staff time to negotiate with Gulfstream before any change in fee structure is implemented. Mayor CampbeJll stated he has somewhat of a concern about this and is not sure he is ready to vote on it. Ms. Horenburger stated she feels it is time that they pay the cost of what it costs the City to operate the Fire Rescue. There are indirect costs which they have never assessed and they have only charged for each call. Ms. Horenburger moved to approve Amendment No. 2 to the Emer- gency Medical Service Agreement, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. 37. Conditional Use Request (CU-6-266). The Commission is to consider a conditional use and attendant site plan for Small World Day/Child Care Center, located at the southeast corner of S.E. 3rd Avenue and S.E. 4th Street. The Planning and Zoning Board recommend approval subject to the following stipulations: 1. Sidewalks must extend through driveways along both S.E. 3rd Avenue and S.E. 4th Street. 2. Dimension right-of-way for S.E. 4th Street and S.E. 3rd Avenue on site plan. 3. Provide "one-way" signage at all drives and "do not enter" at all exit drives for proposed drop off area. 4. Provide foundation planting plan for CAB review on November 30th. 5. Indicate proposed play equipment to be provided. 6. Provide security lighting around exterior of the building (add lighting at northwest corner of building over doorways). 7. Change plant list to reflect quantities and height requirements on landscape plan. 8. Request waiver of Section 159.02 of the landscape code to eliminate the requirement to provide curbing around landscape area. Ms. Brainerd moved for approval, subject to the conditions, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: -16- 12/13/88 401 Ms. McCarty stated there are six day care centers within 2,000 feet of each other in this area and she feels they are starting to meet the need. Therefore, she will have to vote against this one as she feels they are lumping them together. It is in a residential area and is.directly impacting single family homes. At this point the roll was called to the motion. 38. Conditional Use Request (CU-6-268). The Commission is to consider a request for a major modification to an existing conditional use request and attendant site plan for First Church of Christ Scien- tist, located on the northwest and southwest corners of S.E. 2nd Street and 7th Avenue. The Planning and Zoning Board recommend approval subject to the following stipulations: 1. That dedication of right-of-way be made by a plat or other method acceptable to the City Engineer. 2. The hedging along the west property line, adjacent to the alley be maintained at a maximum of 3 feet in height to assure proper sight distance. 3. Submission of site plan address all applicable comments in staff report prior to acceptance of construction plans for a building permit. 4. Three paved spaces and aisle on the south. In addition waivers are required for the following items: 1. Hedging requirement along the south and east sides of Lot 12 and along th~ north and east sides of the parking area immedi- ately north of the church. 2. Wheel stop requirement as it would apply to Lot 12. 3. Use of stabilized sod for Lot 12, the area north of the church and for seven or eleven spaces south of the church. Ms. Horenburger moved for approval, subject to conditions, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The_ City Attorney advised, with regard to Item 35, there is a change which needs to be made to delete, on page 2, the last paragraph of section 4 and omit pages 2 and 3 of exhibit A. The City Attorney further advised, with regard to Item 45, that this is a revised FIND agreement which is not in accordance with the standard form and was a change from that which was submitted to them. The following items were considered by the Commission as the Consent Agenda: 30. Agreement for Water and Sewer .Conflicts. The Commission is to consider approval of Agreement between the City and Palm Beach County for reimbursement of water and sewer conflicts for Congress Avenue widening from Atlantic Avenue to Linton Avenue in the amount of $112,835 with funding to come from Water and Sewer Reserves. Approval is recom- mended. 32. Initiation of Rezoning - City Hall Property. The Commission is to consider a rezoning of property including City Hall, Community Center, Tennis Center, Fire Station, Utility Department offices and Reservoir from R-lA to CF and GC. Approval is recommended. 33. Pineapple Grove Way. The Commission is to consider a recommen- dation from the Beautification Task Force to reinstate Pineapple Grove Way in the Beautification Plan. Approval is recommended. 35. Leaseback Agreement - Old School Square. The Commission is to consider approval of a leaseback agreement between the City and Palm -17- 12/13/88 402 Beach County School Board expiring on June 30, 1989. Approval is recommended. 36. Landscaping and irrigation Plan - Dixie Boulevard Cul-De-Sac. The Commission is to consider approval of transfer of $11,000 to be used for landscaping and irrigation for the Swinton Avenue/Dixie Boulevard Cul-de-Sac with funding to come from Beautification Trust Fund (Surplus Utility Tax Fund), Account 119-0000-301-19.00. Approval is recommended. 39. Change Order No. 2 - Germantown Water Transmission Main. The Commission is to consider approval of Change Order No. 2 with Jobear, Inc., for the Germantown Water Transmission Main, reduction of retainage to zero and final payment to contractor in the amount of $99,086 with funding to come from Account 441-5161-536-60.65. Approval is recommend- ed. 40. Change Order No. 1 - Linton Boulevard Irrigation. The Commis- sion is to consider a net increase to the contract of $990. This would include the addition of pressure relief valves and the downsizing of the pumps from the original specifications. Funding to come from Account 333-4141-572-61.15, Beautification Roadways and Medians. Approval is recommended. 41. Modification to Delint (Waterford) D.R.I. The Commission is to consider two modifications to replace current specific site plan with a conceptual plan and relocate the access to the hotel parcel as requested by the City. Approval is recommended. 42. Site Plan - Plorida Power and Light Facility. The Commission is to consider a site and development plan for the construction, of an office building located on the east side of Congress Avenue, north of Lake Ida Road. The Planning and Zoning Board recommend approval subject to the following stipulations: 1. That the Master Landscape Plan be revised as a non impacting modification to accommodate the changes as identified under Standard E (Screens and Buffers). 2. That final paving and drainage plans be submitted and approved by the City Engineering Department prior to the issuance of building permits. 3. That calculations on the open space element of the entire park be provided in order to verify compliance with Code Section 173.659(2) (c). 4. Revise the water and sewer plans to provide valving at the fire hydrants to allow for future extension of the six inch main westward, to connect to the existing main within Congress Avenue. 5. That the site and landscape.plans be revised to address com- ments noted under the Technical Review section of Planning and Zoning staff report. 6. That this approval be valid, pursuant to Code for eighteen months. 43. Delra¥ Affair. The Commission is to consider a request from the Chamber of Commerce for endorsement of the Delray Affair scheduled for March 31st, April 1st and 2nd, 1989. Approval is recommended. 44. Rejection of Bid. The Commission is to consider rejection of the sole bidder for junked/abandoned vehicle contract for being too high and authorize re-bid for this service. Approval is recommended. 45. Florida Inland Navigational District Project Agreement. The Commission is to consider authorizing execution of agreement concerning replacement piers at the City Marina as amended by FIND. Approval is recommended. 46. Resolution No. 79-88. Resolution No. 79-88, assessing costs for abatement action required to remove an unsafe building on property at 253 S.E. 5th Avenue, is before the Commission for consideration. The caption of Resolution No. 79-88 is as follows: -18- 12/13/88 4O3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 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 RECORDING OF THIS RESOLU- TION, 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. 79-88 is on file in the official Resolution Book) 47. Resolution No. 80-88. Resolution No. 80-88, assessing costs for abatement action required to remove an unsafe building on property at 911 North Federal Highway, is before the Commission for considera- tion. The caption of Resolution No. 80-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 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 ~OSTS 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 RECORDING OF THIS RESOLU- TION, 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. 80-88 is on file in the official Resolution Book) 48. Resolution No. 81-88. Resolution No. 81-88, assessing costs for abatement action required on 24 parcels of property at various locations throughout the City, is before the Commission for considera- tion. The caption of Resolution No. 81-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 81-88 is on file in the official Resolution Book) 49. Resolution No. 82-88. Resolution No. 82-88, urging Governor Martinez, the Florida Senate and the Florida House of Representatives to cease adoption and signing of legislative bills imposing State mandates upon counties and municipalities without funding or designation of funding sources, is before the Commission for consideration. The caption of Resolution No. 82-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING GOVERNOR MARTINEZ, THE FLORIDA -19- 12/13/88 4O4 SENATE AND THE FLORIDA HOUSE OF REPRESENTATIVES TO CEASE ADOPTION AND SIGNING OF LEGISLATIVE BILLS IMPOSING STATE MANDATES UPON COUNTIES AND MUNICIPALITIES WITHOUT FUNDING OR DESIGNATION OF FUNDING SOURCES AND REQUESTING COMPLI- ANCE WITH THE PROVISIONS OF FLORIDA STATUTE 11.076 WHICH PROHIBITS THE SAME. (Copy of Resolution No. 82-88 is on file in the official Resolution Book) 50. Awards of Bids and Contracts. A. Facsimile Machine - Delta Business Systems of Boca Raton - $6,350 - Appropriating funds from Law Enforcement Trust Fund Account 112-2172-521-60.89. B. Fuel Tank Level Sensor System - Pieco Miami, Inc. - $12,634.90 with funding to come from Account 501-3311-591-60.89. C. City Marina Finger Pier Replacement - B.K. Marine Construction, Inc. - $105,000 with funding to come from Account 426-4311- 539-60.99. D. Addendum III to Waters, Trego & Davis, Inc. contract - $3,000 with funding to come from Account 001-6511-581-90.11. E. Rental Rehabilitation Program - Deferred Loan Contract Award - Property at 103 S.E. 4th Avenue - B & JR Construction Company - $14,000. Ms. Horenburger moved to approve the Consent Agenda, with the changes to Item 35, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 51.A.1. Ms. Brainerd stated that in the City Manager's report dated December 2nd, he informed the Commission of some discussions which were had with some representatives of Container Recovery Corporation who are seeking a site for potential recycling plant with railroad access. The Mack Industries site is one of the sites which was under discussion. She would like to call their attention to a recent cement plant in that location which they turned down as they felt it was an area which is trying to revitalize itself. She feels a recycling plant on that location should be approached very cautiously. 51.A.2. Ms._ Brainerd stated that some time ago they voted on fluorida- tion of City water. She was on the prevailing side of that vote and, personally, is not opposed to the use of it. She is asking to see if there is another Commissioner on the prevailing side of that vote who feels like she does that tonight they should reconsider this. She is prepared to change her vote to oppose fluoridation of City water. There were no Commissioners interested in reconsidering this issue. 51.A.3. Ms. McCarty stated they had talked about a meeting with the City Manager and City Attorney to determine the performance standards She questioned what their plan is. The City Manager advised he has spoken with the person who will be doing the City's performance appraisals and he is willing to hold a role and responsibility type discussion. Mayor Campbell suggested that the City Manager give the Commis- sion this person's name and they can place this on the agenda next Tuesday for consideration and establishment of a definite time. 51.A.4. Ms. McCarty stated the City Attorney furnished the Commission with information on the County's adult entertainment ordinance which they need to either opt in or out. She questioned when this is going to be placed on the agenda. The City Manager advised they are in unless they want to opt out. If the Commission is interested in opting out, they should let him know and he will workshop this. -20- 12/13/88 405 The City Attorney advised if the Commission does not wish to opt out they need do nothing further and it will become effective in January. The enforcement would be done by the Sheriff's Department and, if there is any litigation, they will have to do the defense not the City. 51.A.5. Ms. McCarty stated they received a letter dated November 21st from the Atlantic Avenue Association regarding the fact that there are no trash containers east of the bridge. The City Manager advised they are looking into the costs. 51.A.6. Mayor Campbell questioned if they are going to get the flower boxes back on East Atlantic Avenue. The City Manager advised they will be coming back. 51.A.7. Mayor Campbell stated he would like to remind the Commissioners that they should get with the staff to get briefed on tomorrow night's meeting at 7:00 P.M., with the CRA. They are going to have two items of discussion; the first is a general discussion on Mr. Finley's proposal and, secondly, they will be talking about the parking garage. 51.A.8. Mayor Campbell stated, regarding the short term capital pro- gram, that he has been approached by people asking about the continua- tion of beautification to the Intracoastal. It was his understanding that there were two primary considerations; one was the design, but more importantly, was could they proceed until they had DOT approval. The City Manager advised they will be looking at this in the spring. / 51.B. There were no Non-Agenda items by the City Attorney. 51.C. There were no Non-Agenda items by the City Manager. Mayor Campbell declared the meeting adjourned at 9:15 P.M. -y - '~it~ Clerk- 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 December 13, 1988, which minutes were formal- ly approved and adopted by the City Commission on ,,<. / . ~ // Ci~y Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -21- 12/13/88