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11-22-88360 NOVEMBER 22, 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 7:02 P.M., Tuesday, November 22, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell (Arrived at 7:38 P.M.) 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 Andrew Hall, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 3.A. Vice-Mayor Weatherspoon read and presented a proclamation to Head Coach Walter Stephens on behalf of his 34-member Tackle Football team, the Delray Rocks l15's, who completed a "Victorious NO Loss Season" for the first time in the history of the team. 3.B. Vice-Mayor Weatherspoon read and presented a proclamation to Coach Marty Zabel and Coach Steve Borg, who led their Flag Football team, the Trinity Lutheran School Tigers, to a "Victorious No Loss Season" for the first time in the history of the team. 3.C. Vice-Mayor Weatherspoon read and presented a proclamation proclaiming November 23, 1988, as "Susie Russell Day" and commended the private individuals, businesses and staff for their efforts in complet- ing the new home for Ms. Russell. 4.A. Government Finance Officers Association Award. The City Manager stated each year there is a competition and recognition is given to cities complying with Governmental Finance Officers Association standards for· their annual financial reports. Vice-Mayor Weatherspoon presented the award to Dave Huddleston, Finance Director, and Milena Walinski, Assistant Finance Director, on behalf of the department. 4.B. CH2M Hill Status Report - Air Stripping Equipment Installation. Bob Wright, Project Manager, gave a slide presentation to update the Commission regarding the construction at the Water Treatment Plant. He stated construction is scheduled to be completed by the middle of December. The City Manager advised that water restrictions for the City were lifted this afternoon as a result of the South Florida Water Management District releasing additional capacity to be used in the City's distribution system. PUBLIC HEARINGS 5. Ordinance No. 122-88: Ordinance No. 122-88, Amending Chapter 54 "Sewers" of the Code of Ordinances relative to increasing connection charges, 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 continued public hearing has been scheduled to be held at this time. 361 The City Manager presented Ordinance No. 122-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 54, "SEWERS", "RATES AND CHARGES", SECTION 54.31, "CON- NECTION CHARGES; EXCEPTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING, SUBSEC- TION 54.31(A) (1), "CONNECTION CHARGES", AND ENACTING A NEW SUBSECTION 54.31(A) (1), "CONNECTION CHARGES", TO PROVIDE FOR INCREASED CONNECTION CHARGES FOR RESIDENTIAL AND NON-RESIDENTIAL UNITS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 122-88 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. 122-88 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; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 6. Ordinance No. 148-88: Ordinance No. 148-88, amending Chapter 101 "Parks, Beaches and Recreation" of the Code of Ordinances by in- creasing the permit fee for storing boats in the area designated'on the municipal beach, 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. 148-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION", SECTION 101.35, "STORING BOATS", SUBSEC- TION (F), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY INCREASING THE PERMIT FEE FOR STORING BOATS IN THE AREA DESIGNATED ON THE MUNICIPAL BEACH; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 148.-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. 148-88 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; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 7. Ordinance No. 149-88: Ordinance No. 149-88, amending Chapter 9'2 "Boats and Boating" of the Code of Ordinances providing for rates and charges for dockage at the City Marina, 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. 149-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", -2- 11/22/88 362 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 92.33, "DOCKAGE RATES", PROVIDING FOR RATES AND CHARGES FOR DOCKAGE AT THE CITY MARINA; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 149-88 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. 149-88 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; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 152-88: Ordinance No. 152-88, amending Chapter 50 "Utilities Generally; Public Service Tax" of the Code of Ordinances relative to deferred payment plan for water and sewer connection fees, 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. 152-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5 "PUBLIC WORKS", CHAPTER 50 "UTILITIES GENERALLY; PUBLIC SERVICE TAX" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ENACTING A NEW SECTION 50.03 "DEFERRED PAYMENT PLAN" ESTABLISHING A DEFERRED PAYMENT PLAN FOR WATER AND/OR SEWER CONNECTION CHARGES, METER INSTALLATION CHARGES, AND TRANSMISSION AND STORAGE FEES IMPOSED ON CERTAIN NEW RESIDENTIAL CUSTOMERS RESIDING ON EXISTING DEVELOPED PROPERTY; PROVIDING FOR AND MAKING FINDINGS AS TO THE NECESSITY OF CREATING A SEPARATE CLASS FOR SUCH RESIDENTIAL CUSTOMERS; PROVIDING FOR THE COLLECTION OF INTEREST ON EACH INSTALLMENT PAYMENT UNDER THE DEFERRED PAYMENT PLAN IN AMOUNTS SUFFICIENT TO COVER ANY DEFAULTS OF PAYMENT UNDER THE DEFERRED PAYMENT PLAN; PROVIDING FOR OTHER USE OF SUCH COLLECTED INTEREST; PROVIDING THAT THE CITY SHALL NOT APPROPRIATE MONEYS FROM ANY OF THE CITY'S GENERAL FUNDS TO PROVIDE FOR DEFICIENCIES CAUSED BY DELINQUENT PAYMENTS UNDER THE DEFERRED PAYMENT PLAN; PROVIDING THAT SUCH DEFERRED CHARGES AND FEES SHALL BECOME IMMEDIATELY DUE AND PAYABLE UPON THE TRANSFER OF TITLE OF THE RESIDENTIAL DWELLING UNIT; PROVIDING FOR THE IMPOSITION OF LIENS TO SECURE PAYMENT OF THE DEFERRED CHARGES AND FEES; PROVID- ING FOR THE DISCONNECTION OF WATER SERVICE IN THE EVENT OF A FAILURE TO MAKE PAYMENT UNDER THE DEFERRED PAYMENT PLAN; SETTING FORTH THE PAYMENT PROVISIONS UNDER THE DEFERRED PAYMENT PLAN; AMENDING PARAGRAPH C OF SECTION 52.35 "TRANSMISSION AND STORAGE FEES"; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Ordinance No. 152-88 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. McCarty moved for the adoption of Ordinance No. 152-88 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; Vice Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. -3- 11/22/88 363 PROCEDURAL ITEMS 9.1. Wanda Stimpson, representing the blue collar workers, expressed concern relative to the contract and the fact that it was understood all wages would be retroactive to October 1, 1988. She does not understand why, after the negotiating team stated there would be no problem with retroactivity, the Commission denied the employee. She requested this matter be looked into by the Commission and the employees be given the retroactive pay beginning October 1, 1988, as agreed by the negotiating team and ratified by the employees of Delray Beach. Vice-Mayor Weatherspoon questioned what exchange was given the employee in place of the retroactive wages. The City Attorney advised a one percent bonus was given each employee. The Commission concurred to hold firm to the decision that was made. 9.2. Rudolph Cartwright, 34 S.W. 8th Avenue, stated he has a com- plaint about the City light poles that were placed on vacant property along West Atlantic Avenue and questioned if this is just a temporary installation; if they are to be permanent, he would like them removed from his property. Vice-Mayor Weatherspoon confirmed these poles are an interim solution by the Police Department to eliminate parking on vacant lots. 9.3. Ms. Dobson, 901 S.W. 4th Street, reiterated the problem in her neighborhood relative to the drug situation and the vandalism. She stated she is still trying to get the City Police to respond to her calls. Vice-Mayor Weatherspoon requested that the City Manager look into this situation and present a written report to the Commission. 9.4. Charlie Williams, 402 S.W. 15th Avenue, objected to the Police patrol of West Atlantic Avenue, the issuance of warning tickets, elimi- nating parking and young people gathering at street corners. He feels the Police know who the drug dealers and the gamblers are and should not harass the young people who are there to meet their friends. The City Manager stated he would inform Mr. Williams of the next meeting and suggested he assist the department in helping to resolve the problem. Mayor Campbell arrived at this time and took the Chair. 9.5. Mike Caruso, 1830 Lake Drive, stated some time ago, a number of the homes in his area were annexed into the City and at that time they were told they would soon be connected onto the City sewer system. This has not happened as yet and they are in a situation where pumping trucks arrive in their neighborhood each morning to pump septic tanks. This is not only quite costly, but the plumbing does not work well with this procedure. The City Manager requested that Mr. Spence meet now with Mr. Caruso in the lobby to discuss the scheduling problem. Mr. Caruso objected to the fact that the residents should be forced to pay the new fee with the adoption of the Ordinance tonight, as they do not feel they are at fault by not being able to be connected to the City sewer system prior to passage of this ordinance. 10. The City Attorney stated that Item No. 28 of the Regular Agenda is a three-fold issue. The City Manager stated Emergency Ordinance No. 161-88, (Item No. 23) relative to the Safe Neighborhoods Act needs to be modified. Ms. Horenburger moved to approve the agenda with the substitute Emergency Ordinance No. 161-88, 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. 11. Ms. Brainerd moved for approval of the minutes of the Regular meetings of October 11, 1988 and October 25, 1988 and Special meeting of November 1, 1988, seconded by Ms. Horenburger. 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. -4- 11/22/88 364 FIRST READINGS 12. 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 First Reading. If passed, Public Hearing will be held December 13th. 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. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 143-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion 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. 13. 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 First Reading. If passed, Public Hearing will be held December 13th. 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. The City Attorney read the caption of the ordinance. Ms. McCarty moved for approval of Ordinance No. 144-88 on First Reading, seconded by Ms. Brainerd. Ms. McCarty requested that the word "facing" in Section 100.08 (B) be changed to "visible". Mr. Weatherspoon stated he objects to the ordinance because of the over-zealous Code Enforcement officers. He feels this is a question of dollars and cents, not that the owners would be unwilling to comply. Ms. McCarty made a substitute motion to approve Ordinance No. 144-88 changing the word "facing" to "visible from" in Section 100.08 (B), 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. Before roll call the following discussion was had: The City Attorney advised that, as Mr. Weatherspoon pOinted out, it will make the ordinance much more stringent with regard to enforcement purposes. At this point the roll was called to the motion. -5- 11/22/88 365 14. Ordinance No. 151-88: Ordinance No. 151-88, correcting an ordinance regarding zoning on a parcel off Federal Highway from RM-15 back to SC, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 13th. 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; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 151-88 on First Reading, seconded by Ms. Horenburger. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question, Mr. Kovacs advised this parcel was zoned SC in 1977. The City Attorney stated it is his understanding that it was improperly designated on the map as RM-15, but there was never an ordinance change. Mayor Campbell questioned if there could be a car lot located there. Mr. Kovacs stated that would be possible only with the approval of a Conditional Use, as the parcel is too small to qualify otherwise. The only use would be a parking lot, which would also need the approval of a Conditional Use. Ms. Brainerd questioned one of the applicants as to what use he has planned for this parcel, if the Commission granted the SC zoning. Mark Valasic, 885 S.E. 6th Avenue, stated they planned to open a Veteri- 6narian Office and an office for a Real Estate Broker. Mayor Campbell stated, with consensus of the Commission, he would recommend initiation of GC zoning. Ms. Horenburger made a substitute motion that the zoning be change from SC to GC, seconded by Ms. Brainerd. The City Attorney advised that, with a motion to adopt the ordinance, staff is sufficiently directed to institute a City-initiated GC zone. Ms. Horenburger withdrew her motion, Ms. Brainerd withdrew her second. Michael Weiner, representing Leonard Surles, the owner of the property, stated they have no intention of using the property for automobile usage. After discussion roll call was had on the original motion to approve Ordinance No 151-88 on First Reading at this time. 15. Ordinance No. 153-88: Ordinance No. 153-88, amending Chapter 174 "Historic Preservation" of the Code of Ordinances to further clarify the Code to insure the proper functioning of the Historic Preservation Board, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 13th. The City Manager presented Ordinance No. 153-88: -6- 11/22/88 366 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 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. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 153-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Campbell questioned if this contains any substantive effective additions. The City Attorney stated that it has some, but is more in line with what is believed staff and the Commission intended as far as giving criteria and structuring the board. The City Attorney also clarified that in the original ordinance the Historic Preservation Board is allowed to be a substitute for the CAB and the Board of Adjust- ment and this does not change that. Ms. Brainerd questioned when this board establishes a variance, do they need a simple majority. The City Attorney stated that is the way it is designed now; however, that will not be the same after Item No. 16. Mr. Weatherspoon questioned the appeal process. The City Attorney advised that it already exists and it comes to the Commission. -7- 11/22/88 367 At this point the roll was called to the motion. 16. Ordinance No. 154-88: Ordinance No. 154-88, amending Chapter 173 "Zoning Code" of the Code of Ordinances to provide that decisions of the Board of Adjustment may be made by a majority vote of those Board of Adjustment members then present and voting, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 13th. The City Manager presented Ordinance No. 154-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.916, "BOARD OF ADJUST- MENT'', BY AMENDING SUB-SECTION 173.916(H) (2) TO PROVIDE THAT DECISIONS OF THE BOARD OF ADJUSTMENT MAY BE MADE BY A MAJORITY VOTE OF THOSE BOARD OF ADJUSTMENT MEMBERS THEN PRESENT AND VOTING; 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. 154-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Campbell stated he feels the original extra majority was intended to protect the consistency of a quasi-judicial body and it should remain as is. Mr. Weatherspoon commented that he was under the impression it was a statutorial requirement of the four votes. The City Attorney advised that it was, formerly; however, when the Legislature decided to amend the Comprehensive Planning Act, they also repealed everything with regard to Boards of Adjustment. With the exception of concerns he has on property rights issues, it is no longer necessary to have a Board of Adjustment, according to State Statutes. Ms. Horenburger stated she would be in favor of the ordinance if the board can be expanded to seven regular members and two alternate members. The City Attorney advised that. quorums are not modified by this, so there would still need to be a four member quorum. A quorum is not lost if a.person has a voting conflict. Mayor Campbell stated he would not be in favor of an expanded board. The City Manager commented this item was originally on a workshop agenda, but it was later decided to bring it directly before the Commission. Frank Spence, Director of Development Services, stated when he observed the functions of the Board of Adjustment and a full majority was not present, even though three affirmative votes were cast for an applicant, the one single dissenting vote could block the variance. Being a quasi-judicial Board, he feels it unnecessary to have a four to one majority. Assistant City Attorney Kurtz stated some of the members of the Board of Adjustment would like to speak when this returns for a Public Hearing. As Board Counsel, on occasion, he feels it is not so much a problem of whether there is a three to one vote or four to one vote, but rather if it is the Commission's desire to have the Board grant var- iances more easily, the standards should be changed. In his opinion, there have been very few occasions where the Board has made an error in interpreting the variance. Mayor Campbell reminded the Commission that if the idea of consolidating special exceptions or deviations from the Code was to be considered instead of getting a hardship variance, these occurrences would not happen. In the site plan approval it is not necessary to meet -8- 11/22/88 368 that strict criteria for a variance. By requesting a technical devia- tion from the Code, based upon the merits of the site plan, the P&Z Board would be able to do that. At this point the roll was called to the motion. 17. Ordinance 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 First Reading. If passed, Public Hearing will be held December 13th. 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. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 155-88 on First Reading, seconded by Ms. Horenburger. Mr. Weatherspoon stated he feels the intent of the ordinance was, for the most part, to be able to provide a mechanism for the Commissioners to be alerted that an emergency situation exists. Commis- sion concurs, he would like to see subparagraph (c) of Section 1 delet- ed, as anything that would exceed $10,000 should warrant calling the Commissioners into session as quickly as possible. He would also like to change subparagraph (d) of Section 1 to read $10,000. He would like the City Manager to have the authority to waive the provisions set forth in Section 36.02 of the Code of Ordinances and have the purchase rati- fied by the City Commission at the next Regular Meeting. Mr. Weatherspoon made a substitute motion to adopt Ordinance No. 155-88 on First Reading, deleting subparagraph (c) reletter sub- paragraph (d) to (¢) and changing $50,000 to $10,000 and state the matter shall be brought for ratification at the next City Commission Meeting and change subparagraph (e) to (d), seconded by Ms. Horenburger. 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. 18. Ordinance No. 156-88: Ordinance No. 156-88, designating the Marina District as an Historic District, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 13th. 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. Ms. Brainerd moved for the adoption of Ordinance No. 156-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the -9- 11/22/88 369 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. 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 First Reading. If passed, Public Hearing will be held December 13th. 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. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 157-88 on First 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. 20. 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 ~F-15, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held December 13th. 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 IS 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. The City Attorney read the Caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 158-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. 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 First Reading. If passed, Public Hearing will be held December 13. 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 -10- 11/22/88 370 USE DEVELOPMENT; PROVIDING FOR A DEFINITION AND CRITERIA; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 159-88 on First Reading, seconded by Mr. Weatherspoon. Mr. Weatherspoon questioned how the formula was obtained to determine the amount of commercial space to be applied to that parcel of land. Mr. Kovacs stated the P&Z Board recommended the figure of .82. For example, if there is one and one-half acres of commercial land, multiply the .82 factor times the land area and this gives the amount of square footage to be used. To arrive at that, the P&Z Board reviewed site plans to see what sort of ratio there is and came up with a stan- dard one-story, strip commercial development as a ratio of approximately 2.5. If a four-story building is constructed with retail and office space, surface parking or first floor ground parking, there will be a development with a range of .5. Going to .82 will result in about a 50% increase in the floor area available, creating an incentive to utilize this. Ms. Horenburger questioned what the difference in square footage would be if that number of .82 were rounded off to 1.0. Mr. Kovacs stated the computation would be .82 times 43,560 (the total square feet in an acre) or about 33,000 square feet versus about 43,000 square feet. Roger Saberson, Attorney representing the owner, stated he does not see the application of the ratio in the same way. There are two different ways to look at this; one is, what is the legal limit allowed under the zoning and what is the amount normally approved. If, for example, $1.00 is used as the legal limit, according to Mr. Kovacs, with a 50% bonus, that would amount to $1.50. It does not work that way. If the dollar is the legal limit, the amount usually approved is 25 cents and the 50% bonus will be applied to that. This amounts to another 12 1/2 cents or 37 1/2 cents, which never gets up to the legal limit. He requested the Commission to consider applying a ratio that will permit a prepared site plan to be reviewed by the City. That ratio would be .986 as applied to the commercial land area and when spread over the entire site it will be 13.3%. Under this ordinance, that would be the maximum commercial use; however, there is no guarantee that is what is going to be approved. Mr. Saberson stated he has prepared a companion ordinance, which he is requesting the Commission to consider adopting on First Reading, along with the Ordinance previously prepared. Mayor Campbell stated he would object to a vote on Mr. Saberson's ordinance until the City Attorney has proofed it. It is scheduled for a workshop on November 29th and the Commission will make an attempt to accommodate legitimate concerns. Upon question, Mr. Saberson stated he is concerned that the ratio will be raised after the ordinance has been adopted on First Reading at a lower rate. The City Attorney advised, if there are no substantive changes other than the floor area ratio, the simplest way would be to adopt Ordinance 159-88, with the .986 ratio, and then on Second and FINAL Reading, if that is unacceptable, return to the .82 ratio. Ms. Horenburger made a substitute motion to adopt Ordinance No. 159-88, utilizing the .986 ratio, on First 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. 22. Ordinance No. 160-88: Ordinance No. 160-88, a companion ordinance to the preceding Land Use Plan Amendment, designating the Land Use Category "Large Scale Mixed Use" to apply to the Marina Caye proper- ty south of the Swap Shop, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 13th. -11- 11/22/88 371 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. The City Attorney read the caption of the ordinance. Ms.. McCarty moved for the adoption of Ordinance No. 160-88 on First Reading, seconded by Ms. Horenburger. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Emergency Ordinance No. 161-88: Emergency Ordinance No. 161-88, amending Ordinance No. 130-88 relative to Safe Neighborhood Improvement Districts to make certain technical corrections, is before the Commission for consideration on First and FINAL Reading. The City Manager presented Emergency Ordinance No. 161-88: AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 175, "SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS", BY REPEALING SECTION 175.06, "UTILIZATION OF TAX OR SPECIAL ASSESSMENT", TO CLARIFY SAID REQUIREMENTS BY ENACTING A NEW SECTION 175.06, "AUTHORIZATION TO LEVY TAX", WHICH AUTHORIZES THE WEST ATLANTIC AVENUE NEIGHBOR- HOOD IMPROVEMENT DISTRICT TO LEVY AN AD VALOREM TAX ON REAL AND PERSONAL PROPERTY OF UP TO 2 MILLS ANNUALLY; AND BY ENACTING A NEW SECTION 175.065, "SPECIAL ASSESSMENT AUTHORIZATION", TO AUTHORIZE THE WEST ATLANTIC AVENUE NEIGHBORHOOD IMPROVEMENTS DISTRICT TO USE SPECIAL ASSESS- MENTS PURSUANT TO CHAPTER 170, FLORIDA STATUTES; PROVID- ING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 161-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Emergency Ordinance No. 161-88 on First 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. REGULAR AGENDA 24. Presentations - Development of 38 acres for affordable housing: The Commission is to consider three proposals for low to moderate income housing for subsequent action on November 29th from the following: Auburn Trace Joint Venture Group Briscoe Development Company Procacci Development Joint Venture Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the Chair. Tom Henners, Consultant to the Auburn Trace Joint Venture, explained that Auburn Trace Joint Venture is a partnership of six local business firms formed to work with the City to formulate the best possible utilization of its Urban Development Action Grant. He -12- 11/22/88 372 introduced Richard Brautigan, the Architect for the joint venture, who presented the physical design plan for the development of Auburn Trace. Mr. Henners stated he has set forth two scenarios; one, in the event that only Auburn Trace is developed, the other represents the development of the 227 units at Auburn Trace, the 150 units at The Groves of Delray and a $1,100,000 renovation of the Delray Beach Train Station. The return to the City is much greater and faster; the City will receive back all its investments in one or two years. The annual rate of return to the City will be 40% or 81%, depending on which the City chooses. Ms. Brainerd stated she would like this to be a naturally integrated neighborhood. She questioned if Mr. Henners could give her any information that would convince her why this proposal would be more apt to accomplish this than any of the others. Mr. Henners advised with their development of The Groves of Delray, assisted with a smaller portion of the UDAG Funding, will help to achieve racial balance in the school systems. The Joint Venture has more amenities in the development than the other developers, along with home ownership that is very affordable. Ms. McCarty questioned if the Joint Venture is asking for off- site improvements of any kind. Mr. Henners stated they are asking for $200,000 for off-site improvements, but feels that should be weighed against all the impact fees and offset those along with the permits that the Joint Venture is offering to pay in the development. Upon question, Mr. Henners confirmed they are offering to buy the land for an amount of $625,000, which is the appraised value with the current zoning. Ms. Horenburger remarked she was surprised to see their propos- al because t'he Commission had a consensus on the RFP for this property and the RFP reads the City is seeking proposals for the development of affordable rental units on the 38 acres. Ms. Horenburger questioned if the pocket of poverty would be extended south of 10th Street. Mr. Henners confirmed it would be an extension of the present area, making the entire area a pocket of poverty to the southern border of what is proposed as The Groves of Delray. Ms. Horenburger expressed concern as to the negative impact it might have on some of the existing homes and their value in that area. She is also concerned relative to HUD and the time frame. Mayor Campbell returned to the Commission Chambers at this time and took the Chair. Ms. Horenburger stated she does not understand the concept with regard to control. Mr. Henners stated he feels there is much more control in a mixed income development. There will be a Community Association like a Homeowner's Association and the developer would have a continuing interest in the entire development. The developer will have the ability to enforce rules and regulations through the Homeown- er's Association such as financial penalties, denying use of recreation facilities and, if necessary, taking a person to court. Mr. Weatherspoon stated he feels it is imperative that ingress and egress be from 10th Street rather than 8th Avenue. Mayor Campbell requested that staff analyze the issue with regard to access off 10th Street as to the implication. He also ques- tioned, with regard to the covenants and restrictions, if the City could have an enforceability right. Leonard Briscoe, Briscoe Development Company, presented a proposal to pay the City for the land and the off-site improvements with the City's contribution being treated similar to a UDAG Grant. With this plan, the City receives $730,000 for the land and $200,000 for off- ~site improvements in cash, for a total of $930,000. The contribution the City makes will need to be made in comfortable terms with the UDAG. Upon question by Ms. McCarty, Mr. Briscoe stated the density for his project is nearly 9.1 units per acre for a total of 368 units. -13- 11/22/88 373 Ms. McCarty requested an answer from staff as to how the variance in the price offered for the land figures into the overall financial picture. Ms. McCarty questioned if the number of units would change the zoning and Mr. Kovacs confirmed that all the projects will require a change in zoning. The City Manager confirmed the RFP did not specify the density requirement. Mr. Weatherspoon questioned the ingress and egress from 8th Avenue. Mr. Briscoe stated he feels it is very important to control ingress and egress and this can be worked out. Upon question by Mayor Campbell if the density can be adjusted, as well as the number of units, by increasing the efficiencies and one-bedroom units so the equivalency of the number of people potential remains the same with 300 units versus 368 units, Mr. Briscoe replied that he would be happy to review this with the Planning Staff. George Steele, representing the Palm Beach Housing Partnership, Inc., presented the proposal for Procacci Development Joint Venture. He stated one of the principal concerns of the Partnership's participation was to ensure that the City would not lose the housing opportunities and a $5.2 million dollar grant, which they might never again have the opportunity to receive. He feels the greatest unproven assumption of the proposal is the market feasibility of combining 110 rental and 117 housing units within the same community with all residents sharing a limited amenity package of one swimming pool, one tennis court, two basketball courts and one volleyball court. He suggested it might be prudent for the City to require a detailed market feasibility study to determine whether these innovations will work. In summary, he expressed a concern for the urgency that the Commission will not needlessly delay the beginning of construction any longer and that they will not require substantial amendments to the UDAG, which he feels could jeopardize and cost the City in excess of $6,000,000, the amount of the Grant plus the interest. Ms. McCarty questioned which of the options formerly presented is before the Commission at this time. Mr. Steele stated the proposal tonight is for 336 units per acre and their proposal for the price of the land is $275,000. Ms. McCarty commented that she hopes when this is discussed again, the Housing Authority and the CRA will be able to furnish input on these proposals. Ms. Butler advised the Housing Authority is a part of the Staff Committee that has been formed and she will contact Mr. Finley and get his input to present to the Commission on Tuesday. Mayor Campbell again reiterated his concern for the density and would like Mr. Steele to readdress the number of units and the ratio of one, two and three-bedroom units in order to have an equivalent density of people and still have more units. 25. Lien Agreement - Deferred Payment Plan Form: The Commission is to consider approval of a form for agreement between the City and property owners relative to deferred payment for water and sewer connec- tion fees. Ms. Brainerd moved for approval of the deferred payment form, seconded by Ms. Horenburger. 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. 26. Intergovernmental Agreement - Homewood Boulevard: The Commis- sion is to consider approval of Intergovernmental Agreement between the City and Palm Beach County from impact fees for drainage, roadway and sidewalk improvements on Homewood Boulevard between Lowson and Linton Boulevards. Ms. Horenburger moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. ~Iorenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -14- 11/22/88 374 27. Median Curbing - Homewood Boulevard: The Commission is to consider award of contract to R.W.S. Concrete Services, Inc. in the amount of $32,160 subject to the Commission waiving the bond require- ment, with funding to come from road impact fees. Ms. McCarty moved for approval, 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: Mr. Weatherspoon commented with regard to the performance bond and the problems the small contractors face in their attempt to become bonded. He suggested the Commission might discuss this at a later time. Ms. Brainerd stated this seems to be occurring often; she feels it should be waived from the inception or require it at all times. Ms. Horenburger stated she feels it should be a negotiating point in the selection process. If someone has that type of insurance available, the Commission should not select someone claiming they cannot obtain it or it is too costly. The City Manager stated in this case, it is a matter of timing with other elements of the projects and the City will not be paying any monies until the bond is in place. The City Attorney advised that bonding is required by statute, but the Commission could waive that in advance of bidding, on a case by case basis. At this point the roll was called to the motion. 28. Lake Ida Tennis Facility: The Commission is to consider approval of Lease Agreement between the City and Palm Beach County for the Lake Ida Tennis Facility and architectural contract with Roy Simon. Ms. Horenburger left the Commission Chambers at this time~ Approval of Lease Agreement: Mayor Campbell stated he would like to recommend some changes in the Lease Agreement. On Page 3, Item (b) instead of being "open to the general public on a non-discriminatory basis" he feels it should read, "open to all County Residents on a non-discriminatory basis". The City Attorney advised the County has said "No" to that. Mayor Campbell stated, on Item (d) he would like '"County Codes" to be changed to "City Codes". Again in Item (d) he would like "per County approval" deleted. He questioned if Item (f) requires that it be operated like a County Park. Joe Weldon, Director of Parks and Recreation, answered the City will operate it in accordance with the wishes of the County which are usually the same rules and regulations within the City parks. Mayor Campbell stated he feels Item No. 14 is redundant. Mr. Weldon commented that since the County receives Federal Funding for all their park areas, including Lake Ida Park, they feel it should be non-discriminatory to any people using the park from all over the continental United States, which is basically what is agreed to when Federal Funding is received. He feels it means if that park partici- pates in any Federal Funding, there can be no discrimination. Mayor Campbell stated he feels the County should show the City that that particular rule is mandatory. Sam Schwimer, Pines of Delray, objected to the fact that any non-City or non-County residents are not allowed entrance. He feels if he is entertaining guests from out of town, they should not be barred from the Park. Mayor Campbell advised that pertained only to the fees, not entrance to the facility. Ms. McCarty moved for approval of the Lease Agreement, as amended, 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. -15- 11/22/88 375 Termination of Contract: The City Attorney stated the second part of this three-fold item is to terminate the contract with Mr. Simon with regard to the original contract for the combination Tennis Center and Clubhouse renovation which will result in the City basically paying him his fees and expenses incurred to date in the amount of $10,022.50. Mr. Weatherspoon questioned if, by terminating this contract, the City must entertain new bids. The City Attorney advised, only if this is considered to be a different project. The City Manager stated it is just a relocation of the Tennis Facility in Staff's opinion. Assistant City Attorney Kurtz stated the second part of the contract is the renovation of the Clubhouse facility and they feel it advisable to terminate that portion of the contract. He also stated a decision by the Commission regarding the Clubhouse should be made before too long, as the license agreement expires in 1989. The $10,000 the City is paying Mr. Simon is for the design work related to a $750,000 improve- ment. Upon question by Ms. Brainerd, Mr. Weldon stated the original estimate was $160,000. The Commission appointed a committee and, while working with the architect, they arrived at a site plan that came to $750,000. Ms. Brainerd commented, in the future, she feels the Commis- sion should keep a tighter control over situations such as this. Ms. Horenburger returned to the Commission Chambers at this time. Mr. Weatherspoon moved for approval of termination of the existing contract with Mr. Simon for the Clubhouse and the Tennis Facility, seconded by Ms. Horenburger. 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. Entering into the New Contract: Assistant City Attorney Kurtz stated Mr. Simon has some con- cerns with some aspects of the addendum, which are now standard. If the Commission plans to offer this contract to Mr. Simon, it will be neces- sary for them to authorize a waiver of professional liability insurance, as he does not currently carry any, nor is it economically feasible for him to procure it for this particular project. Upon question, the City Attorney advised there is no budget established for the architectural fees for this project. Mr. Weatherspoon suggested the Commission be given an opportu- nity to review the information before them and perhaps it could be discussed at the Special Meeting next Tuesday night. Ms. Horenburger moved to postpone the portion of Item No. 28, being the approval of the contract between the City of Delray and Roy Simon, to Tuesday night at the Special Meeting, 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. 29. Final Plat - 1410 South Ocean Boulevard: Reconsideration of final plat, formerly known as the Cullum annexation, is before the Commission for consideration. Ms. Horenburger moved for approval, 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. -16- 11/22/88 376 30. Appointment - Code Enforcement Board: The Commission is to consider the appointment of Dave Bodker as an alternate member (Archi- tect) to a term ending January 14, 1991. Ms. Horenburger moved for approval, 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. 31. Appointment - Code Enforcement Board: The Commission is to consider the appointment of one regular member (Architect) to a term ending January 14, 1989. Ms. Horenburger moved for approval of Charles E. Toth, 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. 32. Appointments - Delra¥ Beach Human Relations Committee: The Commission is to consider the appointment of two members to terms ending March 15, 1990 and one member to a term ending March 15, 1989. Ms. McCarty moved for approval of Leonard Mitchell. Discussion followed regarding which Commission seat appointments are available resulting in a decision to bypass this item until December 13th. 33. Christmas Boat Parade Fireworks: The Commission is to consider approval of a contribution of $3,000 to Delray Beach Sunrise Kiwanis to jointly sponsor with Boynton Beach the fire works display in the Annual Christmas Boat Parade on December 16th with funding to come from Account No. 001-4121-512-34.07. Ms. Brainerd moved for approval, seconded by Ms. Horenburger. 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. 34. Dixie Boulevard Improvement - Carryover Funds: The Commission is to consider approval of funding in the amount of $16,805 from lapsed 1987/88 funds for the construction of a cul-de-sac at Swinton Avenue and N.E. 5th Street, with funding to come from Account No. 001-2911-519-60.63. Mr. Weatherspoon moved for approval, seconded by Ms. Horenburger. 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 following items were considered by the Commission as the Consent Agenda: 35. Resolution No. 74-88: Resolution No. 74-88, assessing costs in ~he amount of $1,753.40 for abatement action regarding removal of an unsafe building located at 121 N.W. 1st Avenue, is before the Commission for consideration. The caption of Resolution No. 74-88 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 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 -17- 11/22/88 377 SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 74-88 is on file in the official Resolution Book) 36. Resolution No. 75-88: Resolution No. 75-88, assessing costs in the amount of $2,468.40 for abatement action regarding removal of an unsafe building located at 223 S.W. 6th Avenue, is before the Commission for consideration. The caption of Resolution No. 75-88 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 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. 75-88 is on file in the official Resolution Book) 37. Resolution No. 76-88: Resolution No. 76-88, assessing costs in the amount of $5,387.80 for abatement action regarding removal of an unsafe building located at 107-109 S.W. 5th Avenue is before the Commis- sion for consideration. The caption of Resolution No. 76-88 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 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. 76-88 is on file in the official Resolution Book) 38. Resolution No. 77-88: Resolution No. 77-88, assessing costs for abating nuisances by removing junked and/or abandoned vehicles from nine parcels at various locations throughout the City, is before the Commission for consideration. The caption of Resolution No. 77-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. -18- 11/22/88 378 (Copy of Resolution No. 77-88 is on file in the official Resolution Book)· 39. Resolution No. 78-88: Resolution No. 78-88, amending Resolu- tion No. 67-88 which abandoned Forest Road, to amend the effective date to be December 8, 1988, is before the Commission for consideration. The caption of Resolution No. 78-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2 OF RESOLUTION NO. 67-88 TO PROVIDE THAT THE EFFECTIVE DATE OF SAID RESOLU- TION WHICH ABANDONS "FOREST ROAD" SHALL BE DECEMBER 8, 1988; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. (Copy of Resolution No. 78-88 is on file in the official Resolution Book) 40. Amendment to Hoover Contract: The Commission is to consider approval of Addendum 5, deferring payments to Hoover Irrigation improve- ments until a performance payment bond is received. 41. Office Space Reallocation: The Commission is to consider space for use by the Assistant City Manager and the Internal Auditor. Approv- al is recommended. 42. Continental Players (Tennis) Cup: The Commission is to consid- er approval of a $5,000 payment for the Continental Players Cup sched- uled for December 9-18, 1988. Approval is recommended. 43. Awards of Bids and Contracts: A. Annual Contract for Water Meters - Sunstate Meter and Supply - $71,373 with funding to come from Account 441-5161-536-60.87. B. Police Motorcycles - Honda Kawasaki of Milton - Florida State Contract - $19,917 with funding to come from Account 001-2117-521-60.84. C. Scott Air Paks/Bottles/Bench - Safety Equipment Company - $77,673.60 with funding to come from Account 001-2315-526-60.89. D. Atlantic Avenue Beautification Project - Charles S. Whiteside, Inc. - Change Order No. 4 - Decrease of $57,739.65 - Account 333-4141-572-61.19 Ms. Horenburger moved for approval of 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. 44.A.1. Mr. Weatherspoon commented that the street sign at the corner of W. Atlantic Avenue and N.W. 12th Avenue has not been corrected. 44.A.2. Ms. Horenburger stated she attended the Treasure Coast Regional Planning Council Meeting at which Andres Duany made a presentation with regard to City planning concepts, neighborhood planning and one primary focus is how to reduce traffic impact. He has agreed to come to the City of Delray, free gratis, and make his brief presentation. If it is the consensus of the Commission, she would like the City Manager to assist her in arranging this with the help of the Community Redevelop- ment Agency, Planning and Zoning Board and the Comprehensive Plan Committee. 44.A.3. Ms. Horenburger questioned when Mr. Kovacs plans to begin a review of the Comprehensive Plan. The City Manager stated the Capital Improvement Element is under way now. The plans will be resubmitted for the P&Z review in February and it will be presented to the Commission in March. She requested confirmation relative to the Public Input on the Capital Improvement Plan. The City Manager stated it has been proposed to use the Public Input for the Land Use Element, but the P&Z Board is -19- 11/22/88 379 doing the Capital Improvement Element. Mr. Kovacs .stated the P&Z Board had their first session on the Capital Improvement Element recently. One of the inputs into the Land Use Element is the Visions document which included public improvements for economic development-type im- provements. The elements are not being driven by the Visions Document nor is it being ignored. 44.A.4. Ms. McCarty questioned when the signage is to be completed for the downtown beautification. The City Manager stated, to his knowledge, a recommendation will be before the Commission on December 20th, for installation to take place shortly thereafter. 44.A.5. Ms. McCarty questioned the status of the request from the Beach Property Owners Association with regard to replatting of established residential neighborhoods. Mr. Kovacs stated it was discussed and resolved last night at the P&Z Board meeting and a memo will be forth- coming. 44.A.6. Ms. McCarty stated she received a comment concerning the litter on the 1-95 interchanges and questioned if the City could obtain Com- munity Service workers or temporary help to go there more frequently than the clean up work performed by DOT. The City Manager stated he will explore this with staff and try to get permission from DOT. 44.A.7. Ms. McCarty stated at the last Code Enforcement meeting there was an extensive discussion relative to the Landlord Tenant Permit. The discussion was centered around whether or not they believed in it and wanted to enforce it. She requested the City Manager reiterate the Board's intention with the triple fee and that the Commission would like that to be enforced, according to the way the Code reads. Ms. Horenburger commented that she feels there should always be legal counsel present at the Code Enforcement and the Board of Adjust- ment Meetings. The City Attorney advised there is unless something unforseen arises. The Assistant City Attorney stated the triple fee being referred to is levied administratively; the Code Enforcement'Board simply levy's a fine. The City Manager stated it will be taken care of. 44.A.8. Ms. McCarty stated she is also requesting staff recommendation concerning permits for "Change Out" requests. "Change Out" requests are for items like hot water heaters, ceiling fans, etc. She feels the fee is excessive, it is not monitorable and maintenance companies are taking advantage of customers by charging a permit fee, but not actually obtaining a permit. 44.A.9. Ms. Brainerd stated the recent staff trip to Orlando resulted in a lot of creative ideas. With consensus of the Commission, she would like the City Manager to send a letter to the Board of Directors of the Chamber, on behalf of the Commission, the DDA and the Atlantic Avenue Merchant's Association, encouraging them to pursue the option of profes- sional management and a management leasing agent for downtown. She also requested that the Public Information Officer attend the Carolina Innovation Group Seminar that was described in the Manager's Report, where technology options relative to audio and visual improvements will be explored. Perhaps this can be implemented in the new Commission Chambers along with the possibility of broadcasting Commission meetings for Cable TV. 44.A.10. Ms. Brainerd questioned if septic tanks in the area of the golf course wellfield pose a health hazard and does the wellfield protection ordinance apply in this situation. The City Manager stated it will be in the Manager's Report. 44.B. There were no Comments and Inquiries on Non-Agenda Items from the City Attorney. 44.C.1. The City Manager stated a press conference was held this afternoon on the lifting of the water restrictions as a result of the South Florida Water Management District releasing a lot of capacity in the eastern wellfields. -20- 11/22/88 380 44.C.2. The City Manager stated there will be a ribbon-cutting ceremony on December 2nd at 5:30 P.M. at Worthing Park to begin the holiday festivities. He also stated the DDA has authorized a design of flags or banners. Mayor Campbell declared the meeting adjourned at 11:00 P.M. City 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 November 22, 1988, which minutes were formal- ly approved and adopted by the City Commission onw~'~. 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- 11/22/88