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11-08-88336 NOVEMBER 8, 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 6:00 P.M., Tuesday, November 8, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell A Absent - None Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Commissioner Jimmy Weatherspoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.A. Mayor Campbell presented a proclamation proclaiming the week of November 6-13, 1988, as "Week of Remembrance of the Night of Pogroms (Kristallnacht)". 4.B. Mayor Campbell presented a proclamation proclaiming the week of November 13-19, 1988, as "Voice of Democracy Week". PROCEDURAL ITEMS 5.1. Jean Beer stated she would like to address planning and priori- ties in the City. Several citizens have been working on the task forces of the Comprehensive Plan and she has been chairman of the public facilities group which has a great deal of capital improvements. They have put in six to eight weeks of work and have done a lot of studying. Many of the members feel that they are being bypassed by the Commission because they are not waiting until the capital improvement element is finished in January. She questioned if the Commission has any idea of the critical needs in the infrastructure. She advised she can identify $24,000,000 in needed drainage, streets and water projects which are known and outlined several of them. She does not believe that the City can have a decade of excellence without making some very hard choices. 5.2. Charles Smith, 2110 Spanish Trail, stated he basically has the same concerns as Mrs. Beer. They have some high priorities which they are not even beginning to discuss. ~e advised the task force on the infrastructure finished its study four weeks ago and he questioned if any of the Commissioners have read the results of the study. The members of the group were shocked when they discovered the condition of the sewers and water drainage system. The Fire Department was also included in their study. His concern is that the Commission seems to be involved today in projects which are non-essential to the well being of the City. He stated the public does not know that the sewer system smells, the water system is fouled up and many people face a problem with adequate pressure to their homes in a fire situation. The City has to face up to the fact that it has problems underground which are important. 5.3. Mike Botos stated that at the last Commission meeting, on the Consent Agenda, there was an item regarding the abandonment of Forest Road. The resolution provided for a 15 day delay in the effectiveness of the abandonment in which time he was to obtain a release or reverter clause. It is going to take longer than 15 days and he is requesting that the Commission consider an extension of the effective date. 337 The City Attorney advised this will come as a request from the City Attorney's Office to be added to the agenda tonight. 6. Ms. McCarty requested that Item 30 be removed from the Consent Agenda and placed on the Regular Agenda. The City Attorney requested that they add, as an emergency item, the extension of the effective date of the resolution of the abandonment of Forest Road to be November 30, 1988. This item will be added as Item 22.a. The City Manager requested that they add, as an emergency item, the purchase of a pump for the Golf Course Well Fields. Representatives from Russell & Axon are present tonight to discuss this with the Commis- sion. This item will be added as 22.b. Mr. Weatherspoon requested that Item 29 be removed from the Consent Agenda and placed on the Regular Agenda. Ms. Brainerd moved to approve the agenda with Item 30 to be placed on the Regular Agenda, adding Items 22.a. and 22.b. as emergency items and Item 29 to be placed on the Regular 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. 7. Withdrawn. FIRST READING - ENCLAVE 8. 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 First Reading. If passed, Public Hearing will be held December 13th. 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. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 94-88 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. 9. 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 First Reading. If passed, Public Hearing will be held December 13th. 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 -2- 11/8/88 338 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. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 145-88 on First Reading, seconded by Mr. Weatherspoon. Roger Saberson, representing the owners of the north portion of this enclave, stated their property is designated for RM zoning; under the Land Use Plan, a portion of the property fronting Federal Highway is shown as Commercial and the balance is MF-10 Multi-Family. They would like to request that the zoning be GC (General Commercial) for the commercial portion and RM-10 for the portion which is MF-10 under the Land Use Plan. By placing the property which is residential in an RM district rather than RM-10 it removes any option for them to pursue any professional office use. They would request that the Commission not take the use away on the zoning which is there. The zoning is required to be consistent with the Land Use Plan and the RM designation is not consistent. He discussed this with the City Attorney this afternoon and he agrees with that. Upon question by Mr. Weatherspoon as to whether or not it would be an illegal act if they were to place the commercial section in RM, the City Attorney advised Mr. Saberson is accurate in that the zoning must match that which is in the Comprehensive Plan. Whether or not it is consistent is an issue which he does not have enough background information on. Mr. Kovacs has advised him that it is his position that it is consistent with the Land Use Plan. Upon question by Mayor Campbell, Mr. Saberson stated that if the Commission zones this property to RM, they are zoning it to a category which precludes commercial use. The Land Use Plan designates this property for commercial use and, therefore, they would be in violation of Chapter 163 of the Florida Statutes. Upon question by Mayor Campbell, the City Attorney advised they can make the changes requested tonight without redrafting the ordinance. Upon question by Ms. Brainerd, Mr. Kovacs advised the P&Z Board recommended not to approve this request because of the policy in the Land Use Policy Guide which discourages strip commercial zoning, partic- ularly along Federal Highway. If the property does not go to a Large Scale Mixed Use, then a better development of the property can be pursued. Ms. McCarty stated that if the Large Scale Mixed Use does not go through, it does not preclude the applicant from coming back in and initiating a rezoning for a larger parcel of commercial with a bigger project. The City is protecting themselves and preventing a strip commercial center. Therefore, she would be in favor of going with the ordinance as is. Upon question by Ms. Horenburger, the City Attorney advised he does not have a problem with the zoning issue, providing it is consis- tent with that which is designated on the land use element; however, he has a concern that it is not consistent with the Land Use Plan. Mr. Kovacs' argument is that residential is permitted in commercial. -3- 11/8/88 339 The City Manager stated this issue surfaced only this afternoon and they have not had the benefit of sitting down and making sure that each understands the assumptions and definitions the other is using. He does not know-if they can postpone this item without jeopardizing the advertising. Mr. Kovacs advised there is another option. There are four other areas within Enclave 24 which the P&Z Board has noted may be more appropriately zoned. Therefore, upon annexation of this property they are going to initiate a zoning amendment. They were asked specifically if they would include this parcel and they said no; however, if there is a direction from the Commission to include this parcel for the potential of having the commercial zoning as requested they could do so as a City-initiated rezoning. Ms. McCarty made a substitute motion to approve Ordinance No. 145-88 on First Reading. Said motion died for lack of a second. Ms. Horenburger made a second substitute motion to pass Ordi- nance No. 145-88, incorporating into the motion Mr. Kovacs most recent comments as to how they can revisit this as a City-initiated rezoning, at the City's expense, seconded by Ms. McCarty. Mr. Weatherspoon stated he feels they should zone the front parcel commercial and make the back portion RM-10. If staff revisits it they can change it, if they don't revisit it, it is already set. Mr. Weatherspoon made a third substitute motion to pass Ordi- nance No. 145-88, changing the caption to reflect that the front portion would be GC and the back portion would be RM-10, and incorporating the statement that staff has made as far as revisiting it to see whether or not it warrants any additional consideration as far as GC is considered, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Ms. Horenburger left the Commission Chambers at this time. 10. 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 First Reading. If passed, Public Hearing will be held December 13th. 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 GERMANTOWN ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO 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. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 146-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 11. 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 -4- 11/8/88 340 between Rhodes Villa Avenue and Del Haven Drive, 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. 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. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 147-88 on First 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. FIRST READING - NON ENCLAVE 12. 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 First Reading. If passed, Public Hearing will be held November 22nd. 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. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 148-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 13. Ordinance No. 149-88. Ordinance No. 149-88, amending Chapter 92 "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 First Reading. If passed, Public Hearing will be held November 22nd. 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", 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. -5- 11/8/88 341 The City Attorney read the caption of the~ordinance. Ms. McCarty moved for the adoption of Ordinance No. 149-88 on First Readingr seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. Horenburger returned to the Commission Chambers at this time. 14. Ordinance No. 150-88. Ordinance No. 150-88, amending Ordinance No. 3-84 pertaining to SAD District and extending conditional use and site plan approval for 18 months (Isles of Delray), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 22nd. (Note: Later in the meeting, it was requested that this Ordinance be postponed until December 13th). 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; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 150-88 on First Reading, seconded by Ms. McCarty. Ms. Horenburger questioned the status of the right-of-way. Mr. Kovacs advised there is right-of-way to be dedicated at the time the property is platted. A preliminary plat would follow this action and a final plat prior to construction. If the County proceeds with the rewidening project prior to that time they would have to seek it from the property owner along with compensation. Ms. Horenburger stated they are either going to give the City the right-of-way now or later and she would like it tied up so that they can proceed with the widening of Lake Ida Road. The City Manager stated there is another item which .needs to be addressed and that is the traffic study itself. The recommendation in the agenda report stipulates that within six months of approval of this extension, that a traffic study shall be submitted by the developer. The ordinance itself, however, stipulates within six months of approval by the SFWMD. Ms. Horenburger questioned if they can take the position that a traffic study would not be necessary, unless it is pro forma, since the County already has a traffic study for that area, has determined in their five year road plan that the road needs to be widened, and the City has not drastically increased the zoning or made any changes in the area. Mr. Kovacs advised there would be items addressed in this traffic study which would not be addressed under the County's. Ms. McCarty stated she talked to Mr. Church, City Engineer, this afternoon and asked him if he thought the traffic study was neces- sary and he said that it was extremely necessary. Mayor Campbell stated he would agree with Ms. Horenburger that another traffic study is not justified and is an overkill. The road is going to be expanded and the primary thrust is the affect on the arteri- al system of the City, not internal traffic flow. If the project needs a turn lane to get out, he is sure the developer will be hounding the County and they can provide that solely within their own jurisdictional boundaries. -6- 11/8/88 342 The City Manager stated the ordinance should state that if the traffic warrants it, then the developer will pay a portion of the traffic signalization. Mayor Campbell suggested that they put that into the proposal. Ms. Horenburger stated she agrees with that; however, the question remains who does the study to determine this. Mr. Kovacs advised it would be what the City Engineer requires. Mr. Saberson stated that his client is agreeable to pay a pro rata share of the cost of the signalization based upon the impact he is having on the road. Also, they have spoken with Andy Hertel from the County Engineering Department, and were informed that the right-of-way which is there now (80 feet) is all the County is going to require for their four-laning project. Ms. McCarty stated she has a problem with setting a precedent as they require traffic studies as a matter of course with new develop- ments and Mr. Church was very adamant about it. She questioned if the City Attorney has a problem with this. The City Attorney stated to a certain extent it does set a precedent; however, he feels that Lake Ida Road and this development present a unique set of facts which might not be duplicated elsewhere. Ms. Horenburger made a substitute motion to approve Ordinance No. 150-88 on First Reading, adding conditions of approval to be framed within the ordinance regarding the traffic study requirement so that if the City should require a traffic study, as deemed needed by the City Engineer, that it be done at that time, and if a traffic signal is required at the entrance to this site that the property owner pay their pro rata share, and this is based on the Commission's concerns that they are reinventing the wheel with regard to the County already having the traffic study and the improvements slated within a short time on their five year road plan, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - Yes; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 4 to 1 vote. Before roll call the following discussion was had: Mayor Campbell clarified that what Ms. Horenburger is saying is that they will waive the requirement of a traffic study, but at a future time, should the City deem it necessary to install a light, the appli- cant will be required to contribute, on a pro rata basis, to the cost of the light. Ms. Horenburger added that also if the City Engineer deems that there are considerations to be met, that he can require a traffic study be done beyond the plans already made. Mayor Campbell stated he feels that is nebulous and would have to oppose the motion as it does not do anything. At this point the roll was called to the motion. Mr. Weatherspoon made a substitute motion to pass Ordinance No. 150-88, deleting the requirement for a traffic study and amending it to be required only if the County deems it necessary and then the applicant would pay their fair share for the cost of the traffic signal. Said motion DIED for lack of a second. Mayor Campbell passed the gavel to Vice-Mayor Weatherspoon at this time in order to make a substitute motion. Mr. Campbell made a second substitute motion to pass Ordinance No. 150-88 on First Reading, deleting the requirement of a traffic study; however, in the event that either the City or County Engineering Department should determine the necessity of a light at the intersec- tion, the applicant should be made to bear, on a pro rata basis, the cost of that light, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - No; Ms. McCarty - Yes; Mr. Campbell - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 1 vote. 15. Ordinance No. 151-88. Ordinance No. 151-88, correcting Ordi- nance regarding zoning on a parcel off Federal highway from RM-15 back -7- 11/8/88 343 to SC, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 22nd. 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. McCarty. Upon question by Mayor Campbell, Mr. Kovacs advised the proper- ty was zoned SC and in 1979 there were a series of amendments done to the Zoning Map. This parcel was not one of them; however, the Zoning Map was changed. The City Manager suggested that as there is not sufficient back-up material they withdraw this item from the agenda tonight and bring it back at another time. Ms. Horenburger made a substitute motion to postpone Ordinance No. 151-88 to November 22nd, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Ye§; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 16. Ordinance No. 152-88. Ordinance No. 152-88, amending Chapter 50 "Utilities Generally; Public Service Tax" of the Code of Ordinances relative to water and sewer connection fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 22nd. 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 -8- 11/8/88 344 52.35 "TRANSMISSION AND STORAGE FEES"; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 152-88 on First 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. Before roll call, upon question by Ms. Horenburger, the City Attorney advised at the time of the second reading, the Commission will have the agreement to be approved. It provides for a 60 month install- ment payment plan; however, the specific terms and conditions would be set forth in a contract recorded as a lien. At this point the roll was called to the motion. REGULAR AGENDA 17. Site and Development Extension Request from Shops of Seacrest. The Commission is to consider a site and development plan extension request from Shops of Seacrest, located aa Seacrest Boulevard and N.E. 22nd Street. The present site plan was approved May, 1987. Approval is recommended, subject to the following stipulations: 1. Provide pads for dumpsters and southerly screening. 2. Install a four foot cyclone fence and four and one-half ficus hedge on the north side, instead of a wall. 3. Provide a parapet around the entire building(s) and planting palms in clumps. 4. Seek Commission concurrence not to require additional right- of-way for Tangerine Trail beyond that which exists to the north of the project. 5. That existing right-of-way requirements for N.E. 22nd Street remain rather than require an additional 25 feet of right-of- way along 22nd Street. 6. A waiver of sidewalk requirement along Tangerine Way north of the development be granted. Ms. McCarty moved to approve the site and development plan extension request, subject to the stipulations, 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 City Attorney clarified that the exten- sion is for 18 months and that by doing this they are continuing all the other conditions which had previously been applied to the project. At this point the roll was called to the motion. 14. The City Manager stated, with regard to the Item 14, Ordinance No. 150-88, that the applicant has informed him that his client will not be in town on November 22nd and they would like to have it postponed until December 13th. 18. Appointment - Board of Construction Appeals. The Commission is to consider the appointment of one Member (Architect) to a term ending January 8, 1989. Ms. Horenburger moved to appoint Larry Schneider to the Board of Construction Appeals to a term ending January 8, 1989, 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. -9- 11/8/88 345 19. Palm Beach Newspapers, Inc. vs Charles Kilgore. The Commission is to consider resolution in the case of Palm Beach Newspapers, Inc. vs Charles Kilgore. The City Attorney advised that by filing a motion to request that this be certified as a matter of great public importance to the Florida Supreme Court, they are requesting that the Commission authorize them to lodge that appeal. Ms. Horenburger moved to certify Kilgore vs. Palm Beach Newspa- pers, Inc. to the Supreme Court of Florida, 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. 20. Old School Square:~ A. Approval of leaseback to the Palm Beach County School Board. B. Assessment of asbestos problem. C. Approval of expenditures of monies for closing. The City Manager stated they would like the Commission's authorization to negotiate a leaseback to the School Board and resolve the differences they have identified. The City Attorney advised the main reason this is on the agenda is that they did not want to proceed to closing without advising the Commission of the concerns they have with the asbestos discovery at the site. They have already been authorized to enter into a leaseback and they are prOceeding with a lease with the Old School Square. Subsequent to the approval of that agreement and the scheduled closing, they were informed by the Old School Square people that prior to the time of the vacating of the premises by the School Board, signs went up warning people of asbestos content in the building. They are unsure of the extent of that asbestos and it would have a direct effect upon the costs incurred by the City in the renovations. The closing was scheduled to occur this afternoon, but they postponed it. Upon question by Mayor Campbell, the City Attorney advised it is going to require additional expenditures by either the Old School Square group or the City that they did not previously anticipate. If the Commission believes that this may have an effect on how much money it is actually going to cost them to acquire the property, they did not want to go forward with the closing without knowing how much more. Perhaps they should go back to the School Board and state that they need to renegotiate the amount of money they are going to pay them for the property in light of how much it is going to cost them to remove the asbestos. Upon question by Ms. Horenburger as to whether or not the original agreement was to take the property as is, the City Attorney advised the agreement does not state that at all. Ms. Horenburger stated she understands that there is also a problem with the interior use of space. The City Attorney stated there is an overlap on some of the space which the Old School Square group would like versus what the School Board believes they need. Ms. Horenburger stated her concern is that there a number of issues and questions which they are going to be questioning and negoti- ating for. She would not like to see this drag out or have them get in an adversarial position with the School Board. The City Attorney advised the three issues are (A) the lease- back to the School Board - they wish to have leased back to them more space than that which the Old School Square group believe they need; (B) · the asbestos problem - the Commission could assume the obligation and direct staff to proceed to closing and, thus, approve the expenditures as outlined. His recommendation, and the reason for them postponing closing, is that he would like to be directed to renegotiate the 346 provisions on space allocation, monies for closing and whose respon- sibility it should be monetarily and physically to correct the asbestos problem. Ms. Horenburger questioned if they were to get into a difficult negotiating position with them over this, what are their options with regard to the State grant. The City Manager advised the State grant they have received was for Building 1 which is not at issue. Mr. Weatherspoon suggested that they direct staff to postpone closing until Old School Square has had a survey done of the asbestos problem and addressed the other issues. It was the consensus of the Commission that they did not want staff to close until they have resolved the monetary issue and the space allocations. 21. Final Plat - 1410 South Ocean Boulevard. The Commission is to reconsider a request for final plat approval for 1410 South Ocean Boulevard, formerly known as the Cullum annexation. Ms. Horenburger moved to recommend rescinding previous action denying final plat approval for property at 1410 South Ocean Boulevard, directing that upon preparation by the developer of a final plat which involves only three single family lots, the matter be placed upon the Commission's agenda for reconsideration, 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. 22. Resolution No. 72-88. Resolution No. 72-88, designating the boundaries of the Enterprise Zone, is before the Commission for consid- eration. The caption of Resolution No. 72-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 290, FLORIDA STAT- UTES, AND CHAPTER 9B-37, F.A.C., FINDING FOR AND APPROV- ING A DELETION FROM AND ADDITIONS TO THE GEOGRAPHIC BOUNDARY OF THE STATE-DESIGNATED ENTERPRISE ZONE OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR APPLICATION FOR SUCH BOUNDARY CHANGE; REAFFIRMING THE CITY'S COMMIT- MENT TO THE EXISTING PROGRAM OF LOCAL PARTICIPATION; AND FOR OTHER PURPOSES; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 72-88 is on file in the official Resolution Book) 22.A. Forest Park Plat - Extension of Effective Date. The City Attorney advised the Commission had adopted a resolution of abandonment of the Forest Park platted roadway. The effective date of the resolu- tion was November 15th; however, because of some technical problems in clearing the title to the property, the applicant would like to modify the date of the resolution to be November 30th. He will then give the Commission a resolution which does this. Mike Botos, representing the applicant, requested that the Commission make the date December 8th to give him ample time. Ms. Horenburger moved to extend the effective date of the abandonment resolution for Forest Park to be December 8, 1988, 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. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the chair. 22.B. Emergency Purchase of Pumps for Golf Course. The City Manager advised they have representatives of Russell & Axon and the Public -lZ- 11/8/88 347 Utilities Department present with a recommendation that they proceed to acquire a pump which will allow them to place two million gallons of their golf course well field on line by mid December. The Assistant City Manager stated there is a proposal for an emergency purchase of two cast iron type pumps which would be put into temporary use on the golf course wells. They can get these pumps in approximately four to six weeks and have them operational by mid January at the latest. When the other pumps that were ordered specifically for this project come in, the two would be removed and become replacement pumps for other wells. Ms. Brainerd questioned who recommended that they go with the other pumps and when was the recommendation made. She stated she has no problem with why the other pumps were recommended; however, she does with the decision making process which surrounded the recommendation. Upon question by Ms. Brainerd, a representative from Russell & Axon advised that when they made the recommendation for the pumps they were not aware of the lead time on them. It was not expected to take 18 weeks for the pump delivery as the normal lead time on a standard pump is approximately 6-8 weeks. Ms. Brainerd stated she looks to Russell & Axon, as the City's expert, for being familiar with the kind of equip- ment they are recommending and the lead times required for that equip- ment. Then the Commission would not be asked to make emergency expendi- tures of $20,000 for a band-aid solution. Ms. Brainerd stated, for the record, that she is very unhappy with the firm on the way they recom- mended this and the expenditure before them tonight. Vice-Mayor Weatherspoon questioned what the value would be for them to install the two pumps in four weeks versus waiting for the other pumps to arrive. The City Manager advised it is a combination of the additional capacity they would have as insurance in the event a pump should break down and it will also allow them to not have to buy water from Boca Raton. This is also peak demand time as they move in~o the tourist season. He feels they need to face the issue that they need more water in order to guarantee that they have an adequate supply. Mayor Campbell returned to the Commission Chambers at this time. Upon question by Mr. Weatherspoon, Larry Martin, Deputy Direc- tor of Public Utilities, advised the average flow for the past week has been 11 1/2 million gallons per day. He is not sure how much they will rise; however, he would estimate they will run up another million gallons per day when they reach peak population. The City Manager stated they are now buying water from Boca Raton and have all their pumps on line. There are too many variables standing in their way not to spend the $16,400. Mr. Weatherspoon moved to authorize the expenditure of the emergency funds for the two pumps for the golf course wells, 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. 6. Mayor Campbell noted that there are a lot of people in the audience here tonight for Item 39 and he would like to entertain a motion to readdress the agenda and move this item. Ms. Horenburger moved to readdress the agenda and consider Item 39 at this time, 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. 39. Ordinance No. 120-88. Ordinance No. 120-88, rezoning property known as Miller Field from R-1AA and RM-10 to CF, is before the Commis- sion for consideration on Second and FINAL Reading. Prior to -12- 11/8/88 348 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. 120-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, IN CF (COMMUNITY FACILITIES) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED SOUTH OF LINTON BOULEVARD AND NORTH OF DOTTEREL ROAD, IF EXTENDED EASTWARD, BETWEEN THE F.E.C. RAILROAD AND S.W. 4TH AVENUE, IF EXTENDED SOUTHWARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. · (Copy of Ordinance No. 120-88 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. 120-88 on Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll, Ms. McCarty stated she would like the Planning and Zoning Board, when they review the site plan, to consider not conngcting 4th Street to Dotterel and that they are sensitive to the placement and type of lighting, the hours of operation, the location of parking and that they notify the Board of Directors of Town and Country Condominium before the site plan goes before the P&Z Board. At this point the roll was called to the motion. 29. Waiver of Fees - United Way. The Commission is to consider a waiver of the solicitation fee. Mr. Weatherspoon questioned if it is current procedure to waive the solicitation fees. The City Manager stated it has been done previ- ously. Following discussion, it was determined that they have not waived solicitation fees before. The City Attorney advised they are requesting the waiver because last year the fee was $40 and this year it is $300. The Commis- sion questioned how they went up from $40 to $300 in one year. The City Attorney stated as he understands it, the Administration developed that fee based upon the cost involved in the advertising and processing the application. Mr. Weatherspoon stated he is not in favor of waiving the fee; however, he feels they need to have staff go back and look at the amount they are charging for any organization soliciting in the City. Ms. Horenburger stated the United Way is the grandaddy of all non-profit charitable organizations in the Community. The City employ- ees raise a lot of funds and she feels it is absurd to ask United Way for $300 back to solicit in the City. Ms. Horenburger moved to approve the waiver of the fees for United Way. Said motion DIED for lack of a second. -13- 11/8/88 349 Mr. Weatherspoon moved that they authorize the United Way to solicit in the City, but have staff look at the amount being charged, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. 30. Short Term Capital Improvements. The Commission is to consider approval of funding and source for construction of the new tennis center at Lake Ida Park, capital costs at Old School Square and City Hall renovation. Ms. McCarty stated she asked that this item be placed on the Regular Agenda for two reasons: (1) she received some phone calls from residents and was not sure if they wished to speak on the item and (2) she would like to vote on these projects individually. Ms. McCarty moved that they consider each of these three projects separately as (A), (B) and (C), seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion FAILED by a 3 to 2 vote. Before roll call the following discussion was had: Ms. McCarty stated she will have to vote no on this motion; however, it should not be interpreted or misconstrued that she is opposed to the tennis center or the Old School Square, it is the City Hall renovation she is opposed to. Mr. Weatherspoon concurred with Ms. McCarty. At this point the roll was called to the motion. Ms. Horenburger moved to approve the short term capital im- provements, seconded by Ms. Brainerd. Upon loll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 23. Withdrawn. 24. Florida Inland Navigational District Project Agreement. The Commission is to consider authorizing execution of FIND project agree- ment and acceptance of $75,000 grant. Approval is recommended. 25. Resolution No. 70-88. Resolution No. 70-88, assessing costs of abatement action required on 22 parcels of property at various locations throughout the City, is before the COmmission for consideration. The caption of Resolution No. 70-88 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. 70-88 is on file in the official Resolution Book) -14- 11/8/88 35O 26. Resolution No. 71-88. Resolution No. 71-88, adopting the new Trust Agreement and authorizing the execution of the ICMA Retirement Trust, is before the Commission for consideration. The caption of Resolution No. 71-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE DECLARATION OF TRUST OF ICMA RETIREMENT TRUST AND AUTHORIZING THE ENTERING INTO OF A TRUST AGREEMENT WITH THE ICMA RETIREMENT CORPORATION; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 71-88 is on file in the official Resolution Book) 27. Dock Variance - Robert Ke~ser. The Commission is to consider a request for a variance to allow the dock to be constructed 22 feet into Lake Eden and 23 feet from the south property line at 25 N.W. 24th Court. Approval is recommended. 28. Initiate Rezoning of Recently Annexed Dorson Property. The Commission is to consider a City initiated rezoning of Dorson property, located southwest of the corner of Congress Avenue and Lake Ida Road from ART and ACT to RM, RH, LC and GC or to one of those designations applied on the entire holdings. Approval is recommended. 31. Flea market - Trinity Evangelical Lutheran School. The Commis- sion is to consider permitting the Parent Teacher League to conduct a flea market on the school's parking lot on Saturday, November 19th from 9:00 A.M. to 4:00 P.M. Approval is recommended. 32. Awards of Bids and Contracts: A. Meter Boxes, Covers and Lids - Brooks Products, Inc. - Estimat- ed annual cost of $27,000 with fundihg to come from Account 441-5123-536-33.33. B. Renewal of Self-Insurance Contract - Arthur J. Gallagher & Company - $181,422 with funding to come from Accounts 551-1575- 591-34.93, 551-1575-591-34.95, 551-1571-591-34.99, 551-1575- 591-34.91 and 551-1575-591-33.95. C. Janitorial Services for Police Department Building - Action Kleen Building Services - $32,879 with funding to come from Account 001-2113-521-33.17. Ms. Horenburger moved to approve 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. PUBLIC HEARING - ENCLAVE ORDINANCES Ms. Horenburger left the Commission Chambers at this time. 33. Ordinance No. 123-88. Ordinance No. 123-88, annexing Enclave No. 13, located immediately south of the Boynton Beach border between 1-95 and N.W. 4th Avenue (includes residences and that portion of Lake Ida lying within the City of Delray Beach) with proposed zoning of CF and R-1AA, 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. 123-88: 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 8, 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 SOUTH OF THE -15- 11/8/88 351 BOYNTON BEACH BORDER, LYING BETWEEN INTERSTATE 1-95 AND N.W. 4TH AVENUE, AND INCLUDING THAT PORTION OF LAKE IDA LYING WITHIN THE CITY OF DELRAY BEACH; 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 CF (COMMUNITY FACILITIES) DISTRICT, IN PART, AND R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 123-88 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. Mr. Weatherspoon moved for the adoption of Ordinance No. 123-88 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. 34. Ordinance No. 124-88. Ordinance No. 124-88, annexing Enclave No. 37, located between Dixie Highway and Federal Highway, extending south from S.E. 10th Street to the north property line of the Delray Mall with proposed zoning of RH and MH and a limitation concerning the hours of operation, 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. 124-88: 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 21, 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 DIXIE HIGHWAY AND U.S. HIGHWAY NO. 1, EXTENDING SOUTH FROM S.E. 10TH STREET APPROXIMATELY 1,200 FEET TO THE NORTH PROPERTY LINE OF THE DELRAY MALL; 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 RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT, IN PART, AND MH (MOBILE HOME PARK) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 124-88 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. Arthur Jackel questioned if the ordinances passed tonight on second reading are effective tonight or ten days from now. Mayor Campbell advised they will be effective immediately. Mr. Jackel stated he trusts that the various City departments connected with these annexa- tions are well aware of what is going on tonight so that tomorrow they will be able to enforce City ordinances. Jay Slavin, Rainberry Bay, stated she spoke with Mr. Bauer, Code Compliance, regarding the street across from them becoming annexed into the City. Mr. Bauer informed her that he could not touch it for ten days after tonight. -16- 11/8/88 352 Donald Mitchell, 1206 South Federal Highway, stated he has never received any notice regarding these annexations. He lives in a mobile home park and the owners would like to have more information. Mayor Campbell suggested that Mr. Mitchell contact the City Manager's Office and make an appointment with the appropriate officials. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 124-88 on Second and FINAL Reading, 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. Ms. Horenburger returned to the Commission Chambers at this time. 35. Ordinance No. 125-88. Ordinance No. 125-88, annexing Enclave No. 59, located immediately north of the L-32 Canal, and immediately south of Lake Ida Road, between Congress and the lake Worth Drainage District Canal 3-1/2 with proposed zoning of RM, R-lAB, ART/ACT, GC and POC, establishing hours of operation of uses on this and future en- claves, providing that the hours of operation do not presently comply with City ordinances must comply on or before 20 years from the date of this action, provided further however, should Palm Beach County change their regulations concerning hours of operation, bringing them into conformity with current City codes prior to the amortization. Then that non-conformity shall cease and the current City code shall apply, providing furthermore that nothing in this action shall affect any of the term, condition, or requirement of the enclave act as to other regulations affecting uses in their continuation, 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. 125-88: 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 7, 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-32 CANAL AND IMMEDIATELY SOUTH OF LAKE IDA ROAD, LYING BETWEEN CONGRESS AVENUE AND THE LAKE WORTH DRAINAGE DISTRICT CANAL #3-1/2; 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-lAB (SINGLE FAMILY DWELLING) DISTRICT, IN PART, RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DIS- TRICT, IN PART, ART (AGRICULTURAL RESIDENTIAL TRANSITION- AL) DISTRICT, IN PART, ACT (AGRICULTURAL COMMERCIAL TRANSITIONAL) DISTRICT, IN PART, AND GC (GENERAL COMMER- CIAL) DISTRICT, IN PART; PROVIDING FOR THE CONTINUATION OF CERTAIN USES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 125-88 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. 125-88 on Second and FINAL Reading with initial City zoning of RM, R-lAB, ART/ACT, GC and POC, establishing hours of operation of uses on this and future enclaves, providing that the hours of operation do not presently comply with City ordinances must comply on or before 20 years from the date of this action, provided further however, should Palm Beach County change -17- 11/8/88 353 their regulations concerning hours of operation, bringing them into conformity with current City codes prior to the amortization. Then that non-conformity shall cease and the current City code shall apply, providing furthermore that nothing in ~his action shall affect any of the term, condition, or requirement of the enclave act as to other regulations affecting uses in their continuation, 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. 36. Ordinance No. 126-88. Ordinance No. 126-88, annexing Enclave No. 63, located approximately 1,100 feet north of Atlantic Avenue, between High Point Boulevard and N.W. 18th Avenue with proposed zoning of MI and ART, 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. 126-88: 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 18, 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 APPROXIMATELY 1,100 FEET NORTH OF ATLANTIC AVENUE, BETWEEN HIGH POINT BOULEVARD NORTH AND N.W. 18TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MI (MEDIUM INDUSTRIAL) 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. 126-88 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. Mr. Weatherspoon moved for the adoption of Ordinance No. 126-88 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. 37. Ordinance No. 127-88. Ordinance No. 127-88, annexing Enclave No. 66, located immediately north of Atlantic Avenue, both east and west of Congress Avenue with proposed zoning of LI and GC, 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. 127-88: 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 18, 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 ATLANTIC AVENUE, LYING ON BOTH THE EAST AND WEST SIDES OF CONGRESS AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO LI (LIGHT INDUSTRIAL) DISTRICT, IN PART, AND GC (GENERAL COMMER- CIAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER -18- 11/8/88 CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 127-88 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. 127-88 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. PUBLIC HEARINGS - NON-ENCLAVE 38. Ordinance No. 108-88. Ordinance No. 108-88, annexing property on N.W. 4th Avenue between N.W. 13th Street and N.W. 12th Street with initial zoning of R-l-AAA (Byrd), is before the Commission for consider- ation 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. 108-88: 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 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE ~EST SIDE OF N.W. 4TH AVENUE, BETWEEN N.W. 12TH STREET AND N.W. 13TH 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-1AAA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 108-88 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. 108-88 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. 40. Ordinance No. 129-88: Ordinance No. 129-88, amending Chapter 150 "Building" of the Code of Ordinances relative to permit 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. 129-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 150, "BUILDING REGULA- TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 150.062, "PERMIT FEE", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE FOR MOVING BUILDINGS; BY AMENDING SECTION 150.016, "AMEND- MENTS AND ADDITIONS TO CODE, SUBSECTION 107.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (c) (I), (II), (III), (IV), -19- 11/8/88 355 (V),(VI), AND (IX), TO MODIFY PERMIT FEES FOR NEW BUILD- INGS AND ADDITIONS, MISCELLANEOUS PERMITS, SUB TRADE PERMITS, PERMIT FEES FOR LONG-TERM PERMITTING, PERMIT FOR MOVING OF BUILDING OR STRUCTURE, AND CERTIFICATE OF OCCUPANCY; BY AMENDING CHAPTER 157, "GAS CODE", SECTION 157.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 160, "MECHANICAL CODE", SECTION 160.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 106.3, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 161, "PLUMBING CODE", SECTION 161.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES;. BY AMENDING CHAPTER 164, "WELLS; SPRINKLER SYSTEMS", SECTION 164.19, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES FOR DRILLING OR DRIVING A POTABLE WELL; BY AMENDING CHAPTER 164, "WELLS; SPRINKLER SYSTEMS", SECTION 164.36, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES FOR DRILLING OR DRIVING A NONPOTABLE WELL AND SPRINKLER SYSTEM; AND BY AMENDING CHAPTER 155, "ELECTRICITY", SECTION 155.18, "PERMIT FEES", SUBSECTIONS (A) AND (C), TO PROVIDE FOR AN INCREASE IN PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 129-88 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. 129-88 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. 41. Ordinance No. 137-88: Ordinance No. 137-88, amending Chapter 173 "Zoning Code" of the Code of Ordinances increasing the fee schedule for land development procedures, is before the Commission for considera- tion on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 137-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.918, "PERMITS AND FEES" (B), BY INCREASING THE FEE SCHEDULE FOR LAND DEVELOPMENT PROCE- DURES; BY AMENDING SECTION 173.918 (C), BY INCREASING BOARD OF ADJUSTMENT FEES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 137-88 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. 137-88 .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. -20- 11/8/88 356 42. Ordinance No. 138-88: Ordinance No. 138-88, amending Chapter 159 "Landscaping" of the Code of Ordinances to provide for a fee in- crease in tree removal and shrub clearing, 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. 138-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 159, "LANDSCAPING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 159.50, "RELOCATION OR REPLACEMENT OF TREES", TO PROVIDE FOR AN INCREASE IN THE REMOVAL FEE; AND SECTION 159.51(A), "PERMIT FEES FOR TREE REMOVAL, SHRUB CLEARING", TO PROVIDE FOR AN INCREASE IN THE REMOVAL PERMIT FEE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 138-88 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. 138-88 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. 43. Ordinance No. 139-88: Ordinance No. 139-88, amending Chapter 150 "Building Regulations" of the Code of Ordinances to provide for an increase in the permit fee issued to erect and dismantle structures, 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. 139-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 150, "BUILDING REGULA- TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 150.102, "PREREQUI- SITES TO APPROVAL; PERMITTED USES", SUBSECTION (C), "BUILDING DEPARTMENT", TO PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 139-88 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. 139-88 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. 44. Ordinance No. 140-88: Ordinance No. 140-88, amending Chapter 117 "Landlord Permits" of the Code of Ordinances to provide for increase · of cost of landlord permits, 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. -21- 11/8/88 357 The City Manager presented Ordinance No. 140-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 140-88 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. 140-88 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. 45. Ordinance No. 141-88: Ordinance No. 141-88, amending Chapter 17'4 "Historic Preservation" of the Code of Ordinances to establish a $25 application fee for a Certificate of Appropriateness, 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. 141-88: 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 SECTION 174.32, "INITIATION' AND PROCEDURE", SUBSECTION (B) TO ESTABLISH A TWENTY-FIVE DOLLAR APPLICATION FEE FOR A CERTIFICATE OF APPROPRIATE- NESS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 141-88 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. 141-88 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. 46. Ordinance No. 142-88: Ordinance No. 142-88, rezoning property located at the southwest corner of Swinton Avenue and SoW. 4th Street from R-lA to CF, 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. 142-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SWINTON AVENUE AND S.W. 4TH STREET, AND AMENDING "ZONING MAP OF -22- 11/8/88 358 DELRAY BEACH, FLORIDA, 1983"; PROVIDING AGENERAL REPEAL- ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 142-88 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. Claudia Sweeney, Vice-President of the Drug Abuse Foundation, stated she would like to thank the City of Delray for its very strong stand against drug abuse in the community. With this zoning change, they are helping in their comprehensive campaign to promote drug free living in Palm Beach County. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 142-88 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. 47.A.1. Ms. Horenburger stated she would like to thank all the people who organized the employee picnic as it was a great success. 47.A.2. Ms. Brainerd stated, in light of the current crunch for space in City Hall, she would like to offer her Commission office and turn it over to the City Manager to use at his discretion for staff members. Upon question by Mayor Campbell, the City Manager stated he has need for at least one other office immediately for the Assistant City Manager for Community Services and clerical support. Then around the first of the year they will need space for an internal auditor. Mayor Campbell suggested this be placed on the next workshop agenda for discussion. 47.A.3. Ms. Brainerd questioned the status of the UDAG grant and alternative housing proposals. The City Manager advised they will be receiving applications on November 10th. 47.A.4. Mayor Campbell stated if Mr. Smith was correct when he spoke earlier this evening, and they have any immediate threat to life or property because there is a pressure problem in any of the fire hy- drants, he would expect the City Manager to bring it to the Commission's immediate attention. 47.A.5. Mayor Campbell stated, with regard to the Beautification Plan, that he would like a breakdown and time schedule. He would like to know whether or not they need to establish any priorities in the roads. 47.A.6. Mayor Campbell stated, with regard to roads and drainage, that they did indicate a possibility of doing some additional drainage work. He has not seen any recommendation from the City Manager's office with regard to implementation and would like to see one by the next meeting. 47.B. There were no Non-Agenda items by the City Attorney. 47.C.1. The City Manager advised that the Capital Improvement element session, the first of three, will be held with the Planning and Zoning Board on Monday, November 14th at 7:00 P.M. 47.Co2. The City Manager stated the American Legion Post 9188 would like to sponsor a carnival from November 21-27 and use City property on 10th Street, south of the cemetery. The necessary approvals and certif- icates are in place, the Police Department has concurred with the conduct of this carnival pending the American Legion Post's agreement -23- 11/8/88 359 that they will hire two off-duty officers and the various Departments have approved of this also. It was the consensus of the Commission to approve the carnival. Mayor Campbell declared the meeting adjourned at 8:25 P.M. ATTEST: MAYOR 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 8, 1988, which minutes were formally approved and adopted by the City Commission on/~/.~dw./L~/F~2~ . NOTE TO READER: If the minutes that you have received are no~ 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. -24- 11/8/88