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10-11-88290 OCTOBER 11, 1988 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:00 P.M., Tuesday, October 11, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd (Arrived 7:04 P.M.) Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Irma Oestmann, Unity of Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.A.1. Mayor Campbell presented a proclamation proclaiming October 23-29, 1988, as "Physical Therapy Week" 4.A.2. Mayor Campbell presented a proclamation proclaiming October 17-21, 1988, as "Florida Employee Fitness Week" and October 19, 1988, as "City of Delray Beach Employee Fitness Day". Joe Weldon, Director of Parks and Recreation, stated tha~ they would like to invite the citizens to join them on October 19th. He advised they have a host of activities and he outlined each one. 4.B.1. Presentation - Larry Rosensweig, Morikami Museum - "Ring of Wisdom". Larry Rosensweig stated he is very pleased to be able to present, from their recent exhibit ~t the Morikami Museum, a symbol from the City of Miyazu, Japan, our Sister City, which is the Ring of Wisdom. It has a history which goes back a long way and they would like it to be a permanent symbol of the relationship between the two cities. He advised the sister city relationship is being rejuvenated; a small group of interested people met a few weeks ago to discuss some of the programs they may do. They will be having a follow-up meeting tomorrow evening at the Chamber of Commerce Building at 7:30 P.M. and he hopes that anyone interested will attend. 4.B.2. Presentation - Glen Torcivia, Assistant County Attorney - Countywide Health Care Taxing District. The City Attorney advised that Mr. Torcivia is not here at the present time; however, he will be attending this meeting. Mayor Campbell suggested they bypass this item and go on with the public hearings. PUBLIC HEARING (ENCLAVE) 5. Ordinance No. 111-88. Ordinance No. 111-88, annexing Enclave No. 1 located immediately west of Seacrest Boulevard between Gulfstream .Boulevard on the north and N.E. 22nd Street on the South with proposed zoning of 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. 111-88: 291 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 4, IN PART, AND SECTION 5, IN PART, 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 WEST SIDE OF SEACREST BOULEVARD, BETWEEN GULFSTREAM BOULEVARD ON THE NORTH AND N.W. 22ND STREET (PINERIDGE ROAD) ON THE SOUTH; 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) DIS- TRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 111-88 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. Ingrid Eckler, 2750 Seacrest Boulevard, stated that several weeks ago she made a proposal to the Commission that those of them being annexed under this Enclave Act be forgiven the bonded indebtedness now on the books of Delray Beach. She questioned if they have given any thought to this and what their reply is. Mayor Campbell stated they will undertake this when they have their vote if any Commissioner wishes to consider it. Mrs. Eckler questioned when the annexation becomes effective and when they would become subject to taxation under the City's budget. The City Attorney advised the annexation is effective immediately. The City Manager advised they will be paying utility taxes on their elec- tricity and telephone usage effective tomorrow; however, she will not be paying City taxes until October, 1989. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 111-88 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. 6. Ordinance No. 112-88. Ordinance No. 112-88, annexing Enclave No. 3 located immediately south of Gulfstream Boulevard between Seacrest Boulevard and the Florida East Coast Railroad with proposed zoning of R-1AA, R-lA-C, MIC and RH, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 112-88: 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 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE SOUTH SIDE OF GULF- STREAM BOULEVARD, BETWEEN SEACREST BOULEVARD AND THE FLORIDA EAST COAST RAILROAD; 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 MIC (MIXED INDUSTRIAL AND COMMERCIAL) DIS- TRICT, IN PART, RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT, IN PART, R-1AA (SINGLE FAMILY DWELLING) DIS- TRICT, IN PART, AND R-1A-C (SINGLE FAMILY/DUPLEX -2- 10/11/88 292 DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 112-88 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. Oles Sherst¥, 2502 Ocean View Avenue, stated he sent Mayor Campbell a letter last week in reference to a letter he received from him regarding annexation. The letter stated that he will get increased police protection; they need 21 officers, however, they are only trying to hire 14. Mr. Shersty also referred to the water and sewer service which he was told will not be available to him for six years. William Murtha, representing CAPA, stated they strongly object to the City's annexation of any kind. He questioned why the residents to the east of the Intracoastal are exempt from the bonded indebtedness and not the residents who are being annexed now. Mayor Campbell stated they are not answering questions unless they are simple questions; this one seems a little bit more complex. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 112-88 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. 7. Ordinance No. 113-88. Ordinance No. 113-88, annexing Enclave No. 22 located immediately south of Lake Ida Road between Roosevelt Avenue and N.W. 10th Avenue with proposed zoning of R-lA, 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. 113-88: 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 SOUTH SIDE OF LAKE IDA ROAD, BETWEEN ROOSEVELT AVENUE AND N.W. 8TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-lA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 113-88 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. 113-88 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. -3- 10/11/88 293 8. Ordinance No. 114-88. Ordinance No. 114-88, annexing Enclave No. 23 located immediately south of Lake Ida Road between N.W. 10th Avenue and N.W. 8th Avenue, adjacent to S.D. Spady School with proposed zoning of R-lA, 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. 114-88: 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 SOUTH SIDE OF LAKE IDA ROAD, BETWEEN ROOSEVELT AVENUE AND N.W. 8TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-lA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 114-88 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. 114-88 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. 9. Ordinance No. 115-88. Ordinance No. 115-88, annexing Enclave No. 34 located immediately west of Dixie Highway, and north of Linton Boulevard, on both sides of S.W. 4th Avenue with proposed zoning of R-lA, LI, GC and RM-10, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 115-88: 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 20, 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 WEST OF DIXIE HIGHWAY, AND NORTH OF LINTON BOULEVARD, ON BOTH SIDES OF S.W. 4TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, LI (LIGHT INDUSTRIAL) DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 115-88 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. -4- 10/11/88 294 Ms. McCarty moved for the adoption of Ordinance No. 115-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 116-88. Ordinance No. 116-88, annexing Enclave No. 65 located immediately north of West Atlantic Avenue between Dover Road and Homewood Boulevard with proposed zoning of 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. 116-88: 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 ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN DOVER ROAD AND HOMEWOOD BOULE- VARD; 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 ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 116-88 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. 116-88 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. 11. Ordinance No. 117-88. Ordinance No. 117-88, annexing Enclave No. 68 located to the east and west of Rabbit Hollow Drive, extending north and south of Germantown Road, west of Congress with proposed zoning of 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. 117-88: 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 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED TO THE EAST AND WEST OF RABBIT HOLLOW DRIVE, EXTENDING 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 ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 117-88 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 -5- 10/11/88 295 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. 117-88 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 HEARING (NON ENCLAVE) 12. Ordinance No. 80-88. Ordinance No. 80-88, annexing property on the south side of Atlantic Avenue at Barwick (Sherwood Forest) with initial zoning of PRD-L, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 80-88: 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 13, IN PART, AND SECTION 24, IN PART, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN COUNTRY CLUB ACRES AND FOREST DRIVE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO PRD-L (LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 80-88 is on file in the official' Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Horenburger moved for. the adoption of Ordinance No. 80-88 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. 13. Ordinance No. 119-88. Ordinance No. 119-88, designating the Seaboard Airline Railroad Station as an Historic Site, is before the Commission 'for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 119-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN AREA LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, NORTH OF ATLANTIC AVENUE, WEST OF 1-95 AND EAST OF THE SEABOARD AIRLINE RAILROAD, A/K/A HISTORIC DEPOT SQUARE, AN HISTORIC PRESERVATION DISTRICT; AMENDING THE ZONING MAP OF DELRAY BEACH, FLORIDA, 1983; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 119-88 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. -6- 10/11/88 296 Ms. Horenburger moved for the adoption of Ordinance No. 119-88 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. 14. Ordinance No. 120-88. Ordinance No. 120-88, rezoning property known as Miller Field from R-lA and MF-10 to CF, 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. (Public Hearing to be held this evening and continued to November 8th). 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. 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. Harold Putnam, spokesman for the Town and Country Condominium Association, stated they abut the proposed baseball field. They are requesting that the Commission defer any action on this matter until after the Planning and Zoning Board's public hearing on the 17th. The City Manager advised this ordinance is being readvertised as there was a piece of property not included in the original advertise- ment. It is scheduled for the P&Z Board's meeting on the 17th and then will come back to the Commission. He is recommending that this ordi- nance be continued to November 8th. Mr. Putnam stated they have no choice but to adopt an adver- sarial position; they are concerned about their security and quality of life. The public hearing was closed. Ms. Horenburger moved to continue Ordinance No. 120-88 to the Regular Commission meeting on November 8, 1988, 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. Mayor Campbell noted that Mr. Torcivia has arrived and he will allow him to make his statement before they go to the Procedural Items. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the chair. 4.B.2. Glen Torcivia, Assistant County Attorney - Countywide Health Care Taxing District. Mr. Torcivia stated that the health care delivery system in Palm Beach County has been fragmented and fraught with prob- lems over the last six years. The County Commission established a group of citizens to look into the problems and, four years ago, they brought back a recommendation that they abolish three currently existing hospi- tal taxing districts. The citizens of Delray reside in the Bethesda district. Each of these districts have the independent authority to levy taxes of up to 10 mills. In addition to this, they all pay a -7- 10/11/88 297 county tax and a portion of this tax goes to health care. Therefore, in a sense, the citizens in the southern and western part of the County are paying two taxes for delivery of health care services. The Commission- ers proposed, and the Legislative Delegation adopted, a bill which would create one County-wide health care district that would work to establish a trauma network, improve coordination and cooperation between hospitals and provide one source of funding. This issue was on the ballot in March and was narrowly defeated. He would like the Commission to pass a resolution in support of this issue which will appear on the ballot in November. Ms. Horenburger stated she feels it is incumbent on everyone in South County to look at this very carefully and understand it. Mayor Campbell returned to the Commission Chambers at this time. PROCEDURAL ITEMS 15.A.1. June Carr, 1102 Miami Boulevard, stated the Commission will consider an ordinance tonight on first reading for Enclave 37 which is located north of the Delray Mall. They have discussed placing a wall there and she questioned if it would be possible for them to work this into the annexation procedure. 15.A.2. Rosetta Rolle, Chairman of the Delray Beach Housing Authority, advised that two weeks ago three members of the Housing Authority went to New York to a National Housing Authority meeting. One of the things they learned was that various housing agencies of the City should work together. She read in the paper yesterday that a group of investors came to Delray with $400 million they would like to invest. She feels that the DBHA should be a part of their discussions. 15.A.3. Charles Spolita, Realtor, questioned if the matter of six acres of land on Lake Ida Road was going to be brought up by the City Manager tonight. The City indicated an interest for acquisition and he does have a transaction on the table. Mayor Campbell stated that it would be more appropriate to discuss this at a workshop meeting. He suggested that the City Manager or a Commissioner place in on the agenda for Tuesday night if they deem it appropriate. 15.B.1. Mr. Weatherspoon questioned the status of the drainage project which is under way. The City Manager stated he believes it is 75% complete. Mr. Weatherspoon stated some concerns have been raised to him with regard to the length of time it has taken to finish up some of the streets. The City Manager stated he will get a report to the Commis- sion. 15.B.2. Ms. Horenburger stated she is happy to see that after almost two years the A1A, DOT drainage project is finally under way and will begin in the spring. 15.B.3. Ms. Horenburger advised that she spoke with the County Engi- neers and attorneys with regard to the Swinton Avenue project and acquiring it for the City. It looks like it is very possible; however, they have to talk to Boynton Beach about the four blocks at the north end. The City Manager stated he will be meeting with the City Manager of Boynton to discuss that and other topics. 15.B.4. Ms. McCarty questioned the status of the tennis court property at Lake Ida Park. The City Manager advised they will hopefully have the Inter- local Agreement between the City and the County next week and he expects it to be on the November 8th agenda along with a proposed financing plan. 15.B.5. Ms. McCarty stated there are some interested investors who would like to invest quite a bit of money in the community; she would -8- 10/11/88 298 like to know where they go from here as far as a plan of action and who is going to be talking about possible projects. Mayor Campbell stated he feels this is an item which needs to be placed on a workshop agenda as they need to determine the respective roles of the parties and who is going to be making the coordination. The City Manager advised he will place this on next week's workshop agenda. 15.B.6. Ms. McCarty stated that in his report the City Manager alluded to a "tree report". Frank Spence stated that he, the City Manager and Nancy Davila, City Horticulturist, personally inspected the trees along Atlantic Avenue this afternoon. They have determined that the trees which have been installed do meet specifications. The specifications called for a tree in the 14-16 foot range; unfortunately, it did not specify what they call clear bark, or gray area, which is the trunk of growth area. It has been determined that the longer tree would be more desirable, but they are more expensive. The trees were delivered by the subcontractor beginning September 22nd and the representative of Sasaki, on September 30th, realized that the trees were not the ones which she had tagged at the growers in Homestead. A stop order was given at that time and there will be no payment until they can determine the condition of the trees. They agree that they are not acceptable even though they are in compli- ance with the specifications. They believe that for some reason the grower shipped the wrong trees and a personal inspection needs to be made with a representative of Sasaki to look at the trees which were tagged. He has been told that the trees would have a trunk height of three to five feet which would be more acceptable. Mr. Spence stated he met with the City Engineer and a representative of Whiteside Construc- tion Co., the general contractor for the whole project, and he also agreed to go to Homestead. If the trees there are truly larger than what they have now, they would propose to relocate the 42 trees current- ly installed to other locations in the City. If they do this and pay for all 42 trees that have been delivered, the contractor will not charge them the $125 per tree he would normally charge for removal. They would then reimburse themselves from other funds for landscaping for public projects back into the Beautification fund and proceed to buy all 80 trees. He will report back to the Commission next Tuesday. Upon question by Ms. Brainerd, Mr. Spence advised they were Sasaki's specifications. She questioned if they have any liability due to the fact that their specifications did not meet the requirements. The City Manager stated the City approved the specifications. Mr. Spence stated that Sasaki thought they were safe in specifying 14 to 16 foot high trees. Ms. Brainerd stated she would like to ask the City Attorney's opinion because it seems to her that they are being asked to either use the trees elsewhere and buy extras or pay $125 per tree to take them out. The City Attorney stated he has some problems with that. He feels that there is some financial responsibility by the contractor and his subcontractor. Ms. Brainerd stated she would like to hear more before they go ahead and agree to their requirements. 15.B.7. Ms. McCarty stated that also in the City Manager's report, .he referred to Mercer/Slavin offering their services for the City Manager's performance criteria establishment meeting. She questioned what the Commission's feeling is with regard to when a meeting is to be scheduled and who would conduct facilitation, if anyone. Mayor Campbell stated he would enjoy Mercer/Slavin being involved. Mr. Weatherspoon stated he feels they should get some advice and expertise locally, without flying in Mr. Mercer from Atlanta. He does not see where it is going to be a major task to come up with some additional specifications for the City Manager. Ms. Brainerd suggested they see how it goes without a facilitator and, if they feel after the first meeting they need a facilitator, they can discuss who it should ~be. Mayor Campbell stated that he would solicit, at least personally for his own sake, that if Mr. Mercer wants to help him out he would accept that help in preparing the kind of parameters he will be looking for. -9- 10/11/88 299 Upon question by Ms. McCarty, the City Manager stated they may want to wait until after the League meeting to see what they get out of it before discussing the specifications. 15.B.8. Ms. Brainerd questioned if they have any existing ordinances prohibiting truck traffic on Atlantic Avenue, east of Swinton Avenue. She has been told that now they have redone a few blocks there are 18 wheelers trying to negotiate curbs. She stated if they do not have an ordinance, she would like to workshop this or direct staff to draft an ordinance which would force truck traffic to start using the by-passes. She would also like to see them synchronize the traffic lights on the by-passes so that it is an incentive for everyone to use them. The City Manager advised the ordinance on trucks is ready to be workshopped. 15.B.9. Upon question by Ms. Brainerd, the City Manager advised the Creole video has been finished and it is being circulated. 15.B.10. Mayor Campbell stated that when they moved procedural items to this portion of the meeting, they wanted to give the public access. He would encourage the Commission to reconsider the format of the agenda and put B, C and D back to the end of the agenda so that they do not have to delay the public. He would like the Commission to consider this, let the City Manager know and, if there is a consensus, they can place this on an agenda as a reconsideration. 15.B.11. Mayor Campbell stated he gathers they will be placing on a workshop agenda some discussion of the meeting which took place with regard to the potential development. He is very proud of the fact that Delray can illicit that kind of interest and he feels they should all work very hard and positively with trying to get new development into the City. He does have one criticism, however, and that is that he learned that the meeting was a City-sponsored function. He suggested that in the future the City Manager let all the Commissioners know that it is a City event. If it is going to be a City-sponsored event, he feels they are due some kind of preliminary backup as to who they are going to meet and what it is about. Also, the City Manager might want to check with all the Commissioners as they are getting close to a policy consideration whether or not it is appropriate to have that kind of gathering to entertain a prospective developer. He would like to commend the City Manager and other people involved for getting them together. Mayor Campbell stated he is looking forward to the workshop coming up and requested that the City Manager get as much information about the people and prepare a format or agenda to begin the discus- sions. 15.C.1. The City Attorney stated that one of the issues which the Commission will hear about at the Florida League of Cities meeting is the subject of the State-wide AT&T refund requests. This is a topic they will be asking the city attorneys about at the city attorneys session Friday morning. He has previously taken the position, and he wrote the administration a memo, that they were under no legal obliga- tion to refund the monies AT&T are requesting. The Commission is going to be asked to take a policy stand on the issue. He is bringing this to the Commission's attention and if they wish him to say anything specific about what they have in mind they can let him know. -15.D.1. The City Manager advised that a representative from the City Attorney's Office and the City Manager's Office went to the Palm Beach County League meeting today. He does not have a report at this time; however, hopefully he will have one before the Florida League meeting. 15.D.2. The City Manager advised that the Commission was furnished a folder from Charlotte Durante drawing attention to the formation of the Peach Umbrella Plaza Association in the 400 block of West Atlantic Avenue. They will be holding an event on October 29th and would like to ~have the City's endorsement of that event. Charlotte Durante stated she has a lot invested in the City in terms of her time, energy and money and she wants to do something to help the people. West Atlantic Avenue brings about a lot of -10- 10/11/88 300 opportunities to do something, a lot of challenges and problems. She has worked with some of the business people on West Atlantic Avenue and they have decided to start with a block at a time, starting in the 400 - 500 Block. The effort has been met with a lot of enthusiasm and there are a lot of things they want to do; however, they need the support, help and input from the City. They are planning a grand opening on October 29th and there are some things which will require the Commis- sion's authorization to do so, i.e., some of the outdoor activities. Mrs. Durante advised there will be a sidewalk sale, voters registration booth, a reggae band, the Sheriff's Department motorcade and breath- alyzer van and possibly a shoeshine stand and strolling musician. She stated they have already retained a maintenance person who will pick up trash, litter, debris and wash store front windows every morning. Upon question by Mayor Campbell, Mrs. Durante stated that one block will have to be closed for about 20 to 30 minutes for the motor- cade which will begin at 10:30 A.M. The band will be playing all day and they do not anticipate any cost to the City. Mayor Campbell re- quested that next time they get this to the Commission on the Friday before the Regular Meeting so that it can be placed on the Consent Agenda. 15.D.2. The City Manager advised the IBF&O Union did not ratify their contract and he would like to get an understanding from the Commission that they can go back to the table and offer them retroactive pay to October 1, 1988, for the 2% if, in fact, they resubmit the agreement for a vote and that vote is taken and approved prior to October 21st. Mayor Campbell stated he would prefer they discuss this in a closed meeting. 15.D.3. The City Manager stated the agenda indicates the address as 1040 Ocean Boulevard on Item 44, this should read 1410 Ocean Boulevard. 15.D.4. The City Manager advised he would like to add two items to the agenda at the recommendation of the City Attorney. They are waivers of business auto policies for two vendors, Flamingo Cabanas and Currie Schneider. They use personal automobiles to get around and, therefore, the Commission needs to formally waive the requirement which states that they must have business automobile insurance coverage. The two con- tracts are for the beach cabanas with Flamingo Cabanas and the design contract for Fire Station #2 on the beach with Currie Schneider. He recommended they be added as 49.C. and 49.D. These items are deemed emergencies as the contracts start tomorrow and it was discovered today that that provision is in the contract and the requirement cannot be complied with as they have no business automobiles. 16. The City Manager stated there was an inquiry made regarding Item 34 and he questioned if the Commission wishes to remove it from the Consent Agenda. Ms. McCarty requested that they place this item on the Regular Agenda. Mr. Weatherspoon requested that they remove Item 44 from the Consent Agenda and make it the last item on the Regular Agenda. The City Attorney advised that Item 20 should state that if adopted it would provide that the Board of Adjustment is prohibited from granting variances on historic sites, not prohibited from granting historic sites. He also advised, with regard to Item 18, that when they repeal Chapter 94, the City Administration is going to institute those regulations effective tomorrow and they will include an increase in the cemetery fees for non-residents. The City Attorney advised that the applicant for Item 27 has requested that the item be removed from the agenda and postponed. Mayor Campbell stated that he heard this item was going to be reconsidered by the Planning and Zoning Board. The City Attorney stated they want it eliminated from tonight's agenda; if the P&Z Board brings the subject up in the interim then they can do so. Mayor Campbell stated that he had requested that the Carver Square Subdivision item not be placed on this agenda as it is more -11- 10/11/88 301 appropriately a workshop item. However, there are several people here tonight for this item and, therefore, they should discuss it. Ms. Horenburger moved to approve the agenda, adding as emer- gency items 49.C. and 49.D., 20.A. and 20.B., and 49.A. and 49.B., deleting Item 27 and removing Items 34 and 44 from the Consent Agenda to 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. 17. Ms. Horenburger moved to approve the minutes of the Regular Meeting of September 13, 1988 and the Special Meetings of September 15, 1988 and September 22, 1988, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. FIRST READINGS (NON ENCLAVE) 18. Ordinance No. 121-88: Ordinance No. 121-88, repealing Chapter 94 "Cemeteries" of the Code of Ordinances in its entirety, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 25th. The City Manager presented Ordinance No. 121-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, GENERAL REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 94, "CEMETERIES" IN ITS ENTIRETY; PROVIDING A 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. 121-88 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. 19. 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 First Reading. If passed, Public Hearing will be held October 25, 1988. 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. The City Attorney read the caption of the ordinance. The City Manager advised that the ordinance actually charges $900 for residential connection fees, rather than $850. This was a number inserted following some preliminary calculations and is closer to the actual cost. Ms. McCarty moved for the adoption of Ordinance No. 122-88 on First Reading, seconded by Ms. Brainerd. -12- 10/11/88 302 Ms. Horenburger questioned the status of the special classifi- cation. The City Attorney advised he is working on them. Ms. Horenburger questioned where this puts the people who are going to be in the special classification if they pass this ordinance on First Reading. The City Attorney stated they would be subject to the new rate, if they consider this to be an ordinance in progress. Ms. Horenburger made a substitute motion to postpone this ordinance until such time as they have the special classification in place, seconded by Mr. Weatherspoon. Mr. Weatherspoon stated by the next meeting he would like to see a breakdown of the actual costs for the connection service. The City Attorney suggested, as an alternative to the substi- tute motion, that they adopt the ordinance on First Reading, but the rates would not become effective until Second Reading and they would not agenda it until the special classification is ready to go. Ms. Horenburger withdrew her substitute motion, Mr. Weatherspoon withdrew his second. Ms. Horenburger made a substitute motion to pass Ordinance No. 122-88 on First Reading and not bring it up for Second Reading until such time as the special classification is prepared, and thus the rates would not become effective until adoption on Second 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. Ms. Horenburger left the Commission Chambers at this time. 20. Ordinance No. 128-88. Ordinance No. 128-88, amending Chapter 37 "Delray Beach Code Enforcement" of the Code of Ordinances to provide the Code Enforcement Board with jurisdiction of violations dealing with Historic Preservation and amending Chapter 173 "Zoning Code" to provide that the Board of Adjustment is prohibited from granting variances of historic sites. If passed, Public Hearing will be held October 25th. The City Manager presented Ordinance No. 128-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRATION", CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", SECTION 37.02, "ENFORCEMENT OF CERTAIN CODES AUTHORIZED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION (L) TO PROVIDE THE DELRAY BEACH CODE ENFORCEMENT BOARD WITH JURISDICTION OF VIOLA- TIONS OF CHAPTER 174 DEALING WITH HISTORIC PRESERVATION; AND AMENDING TITLE 13, "GENERAL OFFENSES", CHAPTER 173, "ZONING CODE", "ADMINISTRATION AND ENFORCEMENT", SECTION 173.917, "VARIANCES", SUBSECTION 173.917(C), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 173.917(C) (5) TO PROVIDE THAT THE BOARD OF ADJUSTMENT IS EXPRESSLY PROHIBITED FROM GRANTING A VARIANCE WITHIN HISTORIC DISTRICTS AND FOR HISTORIC SITES OR INTERIORS, OR FROM ANY OF THE REQUIRE- MENTS, TERMS OR CONDITIONS SET FORTH IN CHAPTER 174; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 128-88 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. 20.A. Ordinance No. 130-88. Ordinance No. 130-88, authorizing the creation of the Safe Neighborhood Improvement Districts as a new Chapter -13- 10/11/88 303 175 of the Code of Ordinances, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held October 25th. The City Manager presented Ordinance No. 130-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF THE SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS PROVIDING FOR CODIFI- CATION OF SECTIONS 1 AND 2 OF THIS ORDINANCE AS A NEW CHAPTER 175 OF THE CODE OF ORDINANCES; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, advised this ordinance is required in order for the City to submit an application under the Florida State Safe Neighborhood Act. The Commission will be the governing body of the Act and they will set up an advisory committee to the Commission for this purpose. Ms. McCarty moved for the adoption of Ordinance No. 130-88 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. 20.B. Ordinance No. 131-88. Ordinance No. 131-88, amending Chapter 175 "Safe Neighborhood Improvement Districts" of the Code of Ordinances to create a Special Safe Neighborhood Improvement District, is' before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 25th. The City Manager presented Ordinance No. 131-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 175, "SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS", TO CREATE A SPECIAL SAFE NEIGHBORHOOD IM- PROVEMENT DISTRICT PURSUANT TO FLORIDA STATUTES SECTION 163.501 ET SEQ., TO BE KNOWN AS THE WEST ATLANTIC AVENUE NEIGHBORHOOD IMPROVEMENT DISTRICT WITHIN AN AREA CONTAIN- ING APPROXIMATELY 236 ACRES BOUNDED ON THE SOUTH BY SOUTHWEST SECOND STREET, ON THE WEST BY 1-95, ON THE NORTH BY NORTHWEST SECOND STREET, AND ON THE EAST BY SWINTON AVENUE; BY ENACTING A NEW SUBSECTION 175.03 TO CREATE A LOCAL GOVERNMENT SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT; ENACTING A NEW SUBSECTION 175.04, "NAME OF DISTRICT", TO PROVIDE A NAME FOR THE DISTRICT: BY ENACT- ING A NEW SUBSECTION 175.05, "AUTHORITY TO APPLY FOR AND RECEIVE GRANTS", TO PROVIDE FOR THE SAID AUTHORITY TO APPLY FOR AND RECEIVE GRANTS; BY ENACTING A NEW SUBSEC- TION 175.06, "UTILIZATION OF TAX OR SPECIAL ASSESSMENT", TO PROVIDE FOR SUCH UTILIZATION OF TAX OR SPECIAL ASSESS- MENT; BY ENACTING A NEW SUBSECTION 175.07, "DESIGNATION OF BOARD OF DIRECTORS", TO PROVIDE FOR SUCH DESIGNATION OF THE BOARD OF DIRECTORS; BY ENACTING A NEW SUBSECTION 175.08, "ESTABLISHMENT OF ADVISORY BOARD", TO ESTABLISH AN ADVISORY BOARD; PROVIDING A GENERAL REPEALER; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger returned to the Commission Chambers at this time. Ms. McCarty moved for the adoption of Ordinance No. 131-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - yes; Ms. -14- 10/11/88 304 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 questioned if they need to have the provision for the potential special assessment district. The City Manager advised they do need the provision; however, the Commission is not obligated to levy the tax. Mr. Weatherspoon stated his other concern is that if it is deemed necessary to levy the tax then the boundaries should not carry the whole burden to finance it and they should be expanded. The City Manager stated expanding the boundaries would discourage the intent of the Act. Ms. Butler stated the Act enables them to set up specific districts which have high crime problems and the intent is that they might design plans which would help mitigate those kinds of conditions. They could come back and set up several other districts as the years go by for additional planning grants; however, they have to have an area which is workable and they can control. At this point the roll was called to the motion. FIRST READINGS (ENCLAVE) Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the chair. 21. 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 First Reading. If passed, Public Hearing will be held November 8th. 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 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. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 123-88 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; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time. Neil MacMillan, 805 Lake Shore Drive, stated he objects to annexation by involuntary means as he was not given the right to vote independently on a separate vote. He is not anxious to pay additional taxes to the City and receive no additional benefits. 22. 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 -15- 10/11/88 305 Mall with proposed zoning of RH and MH, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 8th. 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. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 124-88 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. 23. 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, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 8th. 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. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 125-88 on First Reading, seconded by Ms. Brainerd. Ms. Brainerd stated that as noted in the City Manager's report this property does include a nonconforming use and she would like to defer to the City Attorney for the proper amendment to the motion so that they approve the nonconforming use, but have a vehicle to amortize it. The City Attorney advised it is his understanding that there is an issue which needed to be set by City Commission policy about the -16- 10/11/88 306 inclusion of consideration of uses; specifically, with regard to hours of operation. They desire to include the hours of operation as part of what they consider to be the use of the property. If that is the case, then it would be his recommendation to adopt the ordinance on first reading subject to the establishment of a policy that the hours of operation of uses on this site and for future enclaves, this being an enclave as annexed pursuant to the authority of the Delray Beach Enclave Act, are to be considered as a part of the use of that property for zoning purpose. Also, that should those hours of operation not comply with the current City ordinances as they now exist, that the uses must comply with those current City ordinances on or before 20 years from the date of the enactment of the Delray Beach Enclave Act. Ms. Horenburger made a substitute motion to adopt Ordinance No. 125-88 on First Reading, and include the City Attorney's comments, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the following discussion was had: Mayor Campbell stated what they are trying to do is live up to the promise which was bound on them by the legislature with regard to such uses to not inflict immediate hardship. He questioned what would happen if the County were to change its law; would any kind of excep- tional use be exempt, or would the City have the right to readdress the issue. What would happen if the County were to change its rules to be in compliance with the City; have they then created a unique situation? The City Attorney advised, yes, they have created a unique situation and imposed upon the property a requirement that they only comply With the City's ordinances. Mayor Campbell questioned if they could put a caveat in there which would protect them in the event there is any adjustment in the County regulations. Mayor Campbell clarified that all they want to say is that should the County change its regulations to comply with the City, then there is no longer, necessarily, a lengthened amortization period. Michael Connors, representing Mrs. Dorson who owns the vacant property in this enclave, stated this property has been zoned commercial for more than 30 years. Essentially, the owners agree with the annexa- tion; however, they disagree with the proposed zoning of ART and ACT. It does not seem like good planning to have a multi-family development sandwiched between commercial on all three sides. The City Manager stated that the Enclave Act calls for the property Mr. Connors is concerned about to be ACT and ART. The owners are asking for General Commercial or Limited Commercial. Rather than readvertise the enclave, staff and the P&Z Board have agreed that the argument he is making is persuasive and they have agreed, pending the Commission's agreement, that the City would initiate a rezoning request from ACT and ART to GC or LC, with the City absorbing the filing fees. Upon question by Mayor Campbell, David Kovacs, Director of Planning, advised that they are not deviating from the Land Use Plan under this suggestion. Mr. Connors stated they are simply requesting that the City initiate a rezoning process, subsequent to annexation, to put a perma- nent district on this property. Mayor Campbell clarified that the initiated rezoning may not be as they are requesting, it will still be in conformity with the Land Use Plan. One part will be residential and the other commercial. Upon question by Ms. Horenburger, the City Attorney stated all they are agreeing to is that they will direct staff to review applying a non-transitional zoning category to the affected properties as expedi- tiously as possible; however, there are no guarantees as to which properties or what permanent category will be applicable. -17- 10/11/88 307 The City Attorney clarified, with regard to Ms. Horenburger's motion, that what the Commission is doing regarding the amoritization issue is not an exemption, it is permitting a nonconformity to continue with an amortization period. They are discussing only hours of opera- tion as an inclusion in the use; their decision on the amoritization will not affect the terms, conditions and requirements of the Enclave Act as to other regulations in the Act affecting uses and their discon- tinuation. At this point the roll was called to the motion. 24. 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 First Reading. If passed, Public Hearing will be held November 8th. 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. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 127-88 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. 25. 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 First Reading. If passed, Public Hearing will be held November 8th. 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 CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 127-88 on First 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. -18- 10/11/88 308 REGULAR AGENDA 26. Report on Carver Square Subdivision Test Borings. The City Manager stated when the study was entered into they agreed that the City had no liability. The report has been completed and indicates that there are some subsurface stabilization problems. The City does not warrant properties when building permits are issued and the individual homeowners will have to take their arguments to the person or persons from whom they bought the home. It is his recommendation that they take no further action at this time. Ms. Horenburger stated she feels they should adopt some regula- tions regarding stabilization of soil before building anything. While she understands very clearly that they do not have a legal responsibili- ty, she feels they have a moral responsibility to do something with regard to the problems. The City Attorney stated as to providing the homeowners fund- ing, he would have a serious concern on two fronts: first, if they have no legal obligation to do so, there is a question in his mind whether or not that is an appropriate expenditure of public tax funds; second, if they were to give them what amounted to a loan he is not sure they could do that either. He has no problem in the City administration assisting them in endeavoring to find financing to do so. Ms. Horenburger suggested that the Community Development Department perhaps help organize the effort. Mayor Campbell stated there is money available under the CBDG program for repairs. He questioned how much is anticipated to put the footings in. The City Manager advised it could run anywhere from $2,000 to $15,000 per home, depending on the severity of the problem. The initial effort in expending the money for the study was designed to be responsive to a suggestion that the City serve as a catalyst around which the community can organize some help. Lula Butler stated they could possibly accommodate eligible families under housing rehabilitation; however, they would have to be income eligible which means they would not be able to assist all the owners. Upon question by Ms. McCarty, Ms. Butler stated they are really not staffed well enough to help with 15 homes and it would be a diffi- cult thing for them to handle at this time. Ms. McCarty stated she is concerned with a precedent being set. While she sympathizes a lot with their predicament, she feels that if someone has a problem with their home they should be directing the problem to the person who built the home. She does not feel the City is an appropriate place for them to be bringing their problems. Mr. Weatherspoon stated he would encourage the Commission to work with staff to see what they can do. Ms. Horenburger stated she does not think they can totally absolve themselves from any responsibility in this matter as far as being of some help before their houses collapse. Ms. Brainerd stated she would be in favor of helping with some type of organized drive on a community outreach basis. However, she would be against spending City funds. Mayor Campbell stated that he argued last week that a govern- ment sometimes has to be compassionate, even though they have no legal responsibility. They spend a great deal of money every year on charita- ble events, donations and special events and the precedence is there to spend money for people. If these people have a legitimate hardship, he sees nothing wrong with the government trying to help out. He would like to explore what they can do to help; some of it is going to be non-monetary, but perhaps some of it can be monetary. -19- 10/11/88 3O9 The City Manager advised that he and the City Attorney dis- cussed this earlier and it was suggested that they may be able to find a way within the special assessment provision to assist. Mayor Campbell stated he feels the majority of the Commission is saying that staff should go back, work something out and come back to them with a recommendation. 28. Conditional use Request (CU 6-252). The Commission is to consider a request for a conditional use and attendant site plan for an Exxon Station at Linton Boulevard and S.W. 4th Avenue. The Planning and Zoning Board recommend approval, subject to the following conditions: 1. That the proposed modification which provides a minimum of 100 feet of clear stacking distance along the south accessway be made and processed under the procedures for a "non-impacting site plan modification". 2. That screening gates be provided for the dumpsters. 3. That a final plat for the entire holdings must be ap- proved, with financial guarantees in place, prior to issuance of any building permit. The City Manager stated that the Commission reviewed this two weeks ago and suggested that the developer explore other options for the roof profile. Kieran Kilda¥, representing Dan Burns, stated in light of the comments of the Commission they have redesigned the building which has a barrel-tile roof topping. This is on all four sides of the building and will be tapered towards the front. He presented an overlay of the landscape plan to give the Commission an idea of how it will look. Ms. Horenburger moved to approve the conditional use request (CU 6-252) and attendant site plan for the Exxon Station, with the conditions, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Ms. Horenburger left the Commission Chambers at this time. 29. Continuing General En~ineerin~ Services - Civil Engineer Evaluation and Certification. The Commission is to consider engaging a civil engineering firm on a continuing basis for three years. The City Manager advised this is an item which comes to the Commission following a considerable amount of staff work to develop a continuing general engineering services agreement. This will provide the City a considerable amount of flexibility in expediting projects by allowing them to seek proposals from the successful consultant without having to go to competitive bid for those projects under $100,000. The top eight firms have been ranked, but the bottom eight were not inter- viewed. Mayor Campbell stated he has a real problem with this in that they specifically said they did not want to rank the firms. The intent was that they would get a list from the City Manager of people who were qualified and it was the consensus of the Commission that they would short list and have a "dog and pony show". He stated that they need to determine which ones they want to short list and then interview. Ms. Brainerd suggested that they see presentations from the qualified applicants (1 through 8). Ms. Brainerd moved that they seek presentations and get backup criteria from those firms 1 through 8. Upon question by Ms. Brainerd, Mayor Campbell stated they do not normally have presentations by eight firms; usually the presenta- tions run 10 to 15 minutes per firm. He suggested that the Commission look at the reports with regard to their strengths and weaknesses. -20- 10/11/88 310 Ms. Brainerd withdrew her motion. Ms. Brainerd requested that they receive backup material on those firms that staff found qualified, after that they can shortlist. Upon question by Mayor Campbell as to when he can receive backup material on the eight firms, the City Manager advised they will have a synopsis within a week. Ms. McCarty stated she would also like a copy of the minutes where they discussed this and what the direction was. 30. Dock Variance - Robert G. Lukens. The Commission is to consid- er a request for a variance to allow construction of a dock 15 feet into the Intracoastal from the existing seawall at 708 S.E. 3rd Street. Approval is recommended. Mr. Weatherspoon moved approval of the dock variance for Robert G. Lukens, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. Horenburger returned to the Commission Chambers at this time. 31. Community Redevelopment Agency's Parkin9 Garage. The Commis- sion is to consider an expression of their position regarding the CRA parking garage. Mayor Campbell stated he presumes this is a continuation from last week with regard to an expression of the City Commission on loca- tion. The City Manager stated that initially it was; however, after talking with the CRA, they have determined that it is premature for the Commission to express a preference on location but rather state overall their strong support for the CRA's efforts. Ms. Brainerd advised she asked for this to be on the agenda and what she had in mind is, if there is a consensus, that they would give staff direction to aid the CRA in whatever manner is necessary, i.e., give them access to the legal staff and the City Manager's staff so that they can facilitate and expedite the building of the garage. Upon question by Ms. McCarty, Ms. Brainerd stated what she foresees is for staff to work with the CRA, come up with some recommen- dations and, if out of those recommendations it looks like it should be workshopped for the Commission, then she would like to do that. Upon question by Ms. Horenburger, Ms. Brainerd stated that it would allow the CRA to leverage the City's staff and not have to seek payment of their own funds for legal and planning staff. Upon question by Ms. Horenburger, the City Attorney advised that there will be conflicts in the future; however, they would deal with them on a case by case basis. Ms. Horenburger suggested that they do this and make a formal request to the CRA to see if, in fact, they are anxious to have this help. Mr. Weatherspoon stated he understands what they are trying to do; however, he feels they need to be a little more specific. He suggested that they have a workshop so that the CRA can outline exactly what assistance is needed and then the Commission can decide to what extent they are going avail themselves. Mayor Campbell clarified that Ms. Brainerd's intention is that the City staff, City Engineer and the City Manager should use their discretion and avail themselves and their staff to the CRA for any assistance necessary to help them get moving. If it becomes burdensome to either the City Attorney or City Manager, by the size or nature of the project, they can either say no or they can come back to the Commis- sion. -21- 10/11/88 311 32. Appointments - Code Enforcement Board. The Commission is to consider the appointment of one Regular Member to a term ending January 14, 1989 and two Alternate Members to terms ending January 14, 1989 and January 14, 1990. Ms. McCarty moved to appoint David Bodker, who is an architect in the alternate position, to fill the architect position as a regular member, 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. Ms. Brainerd moved to appoint Sam DeOto as an alternate member in the general contractor position, 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. Mr. Weatherspoon moved to appoint Frank Rozzo as an alternate member in the subcontractor position, 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. Stadium Renovation - Miller Park. The Commission is to consid- er approval of an agreement between the City and The Baseball School, Inc., for the renovation of the stadium field and transfer of funds. Harold Putnam, representing the Town and Country Condo Associa- tion, stated they feel this item is directly related to Item 14, Ordi- nance No. 120-88. He feels that the existing contract's legality is questionable under the present zoning. Mayor Campbell advised this is not a zoning matter, this item deals with the stadium renovation. Mr. Putnam stated they are requesting that this item be de- ferred to the November 8th meeting until they can get more information from the P&Z Board meeting which will be held on October 17th. The Commission clarified that this item deals with the renova- tion of an existing field in the northwest portion of the field. The rezoning item (Item 14) deals with the creation of a new field to the south. Ms. McCarty moved to approve the agreement between the City and The Baseball School, Inc., for the renovation of the stadium field and transfer of funds, 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 call, the City Attorney advised the Commission will be approving Amendment No.1 to the Lease. At this point the roll was called to the motion. 44. Final Plat - 1410 Ocean Boulevard. The Commission is to consider a request for final plat approval for 1410 Ocean Boulevard, formerly known as the Cullum annexation. Mr. Weatherspoon stated it is his understanding there is a concern with regard to the possibility of a duplex being built on one of the front lots. Elizabeth Matthews, 1024 White Drive, stated the two single family lots are intended to be on A-1-A and the duplex on Brooks Lane. Brooks Lane is a single family street and the neighbors object very strongly to this. She feels that the Commission should stay with the original concept the developer presented to the neighborhood which was that there would be a multi-family complex. -22- 10/11/88 312 Mrs. Alexander Cortner, 1005 Brooks Lane, stating she is also representing some of her neighbors who strongly object to having a duplex on their street. She presented a letter of objection from one of her neighbors. Upon question by Mayor Campbell, Mr. Kovacs advised the way the lots are laid out there would be one house on Lot 2, one house on Lot 3 and a duplex on Lot 1. · Discussion was had with regard to the possible reconfiguration of the plat. Upon question by Mayor Campbell if they were to take the duplex off Lot 1, would he accept a plat of 1, 2 and 3 Lots, the owner of the property stated he would not. He would withdraw this plat and submit one which would allow him to build five units. He advised that the neighbors who object do not have any understanding of what he plans to build. He presented photographs of a similar duplex. Ms. Brainerd moved to deny the final plat, 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 call the following discussion was had: Ms. Horenburger stated she does not believe it is appropriate to have a duplex on a single family street as it is not in line with the residential ownership which is prevailing in that area. MaYor Campbell stated the general consensus of the Commission is not to allow a duplex. At this point the roll was called to the motion. CONSENT AGENDA The following items were considered by the City Commission as the Consent Agenda: 33. Participation in the "Legal Center". The Commission is to consider a request for participation by the City in the "Legal Center" affiliated with the National League of Cities, United States Conference of Mayors and International City Management Association with a one-time payment of $500. Approval is recommended. 35. Resolution No. 65-88. Resolution No. 65-88, authorizing application for a highway beautification grant with the Florida Depart- ment of Transportation, is before the Commission for consideration. The caption of Resolution No. 65-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND HIS STAFF THROUGH CONSULTANTS, H. KURT KETTELHUT AND ASSOCI- ATES, INC., LANDSCAPE ARCHITECTS, TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. (Copy of Resolution No. 65-88 is on file in the official Resolution Book) 36. Ratification of South Central Regional Wastewater Treatment and Disposal Board's Action of September 8, 1988. The Commission is to consider ratification of Capital Expenditures portion of Operating Budget for 1988-89 in the amount of $9,800 and Operating Budget for 1988-89 in the amount of $2,450,550. Approval is recommended. 37. Annual "Fall Festival". The Commission is to consider a request from Atlantic Avenue Association to conduct their "Fall Festi- val'' on October 28th and 29th. Approval is recommended. -23- 10/11/88 313 38. "Harvest Fest". The Commission is to consider a request from Atlantic Avenue Association to conduct a "Harvest Fest" on November llth and 12th. Approval is recommended. 39. Variance Fee - Historic Preservation Board. The Commission is to consider approval of variance fee of $137.50 for the Historic Preser- vation Board. 40. Ada Overs vs City of Delray Beach. The Commission is to consider settlement offer in the Case of Ada Overs vs City of Delray Beach. Approval is recommended. 41. Modifications and Improvements - Public Safety Facility. The Commission is to consider final budget list of modifications and im- provements for the Public Safety Facility in the amount of $19,415 with funds to come from Accounts 338-2161-521-60.31 and 338-2161-521-60.89. Approval is recommended. 42. Sale of Police Canine. The Commission is to consider approval of a request to sell Police Canine Falk to Officer Donovan for $1,000. Approval is recommended. 43. Invoice from Mercer/Slavin for Services Rendered b~ Patricia Bidol ($4,800) and Expenses for Mercer/Slavin Travel ($416.98) In Connection with City Manager Review. The Commission is to consider approval of payment for services with funding to come from Account 001-1211-512-33.19. Approval is recommended. 45. Resolution No. 60-88. Resolution No. 60-88, assessing costs for abating nuisances on 50 parcels of property at various locations throughout the City, is before the Commission for consideration. The caption of Resolution No. 60-88 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. 60-88 is on file in the official Resolution Book) 46. Resolution No. 61-88. Resolution No. 61-88, assessing costs for abatement action required to remove an unsafe building on property at 129 S.W. 4th Avenue, is before the Commission for consideration. The caption of Resolution No. 61-88 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. 61-88 is on file in the official Resolution Book) -24- 10/11/88 314 47. Resolution No. 62-88. Resolution No. 62-88, assessing costs fo~ abatement action required to remove an unsafe building on property at 14 S.W. 6th Avenue, is before the Commission for consideration. The caption of Resolution No. 62-88 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. 62-88 is on file in the official Resolution Book) 48. Resolution No. 63-88. Resolution No. 63-88, assessing costs for abatement action required to remove an unsafe building on property at 137 N.W. 6th Avenue, is before the Commission for consideration. The caption of Resolution No. 63-88 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. 63-88 is on file in the official Resolution Book) 49. Resolution No. 64-88. R~solution No. 64-88, assessing costs for abatement action required to remove an unsafe building on property at 415 S.W. 5th Avenue, is before the Commission for consideration. The caption of Resolution No. 64-88 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. 64-88 is on file in the official Resolution Book) 49.A. Resolution No. 66-88. Resolution No. 66-88, restricting Discovery Depositions in criminal cases, is before the Commission for consideration. The caption of Resolution No. 66-88 is as follows: -25- 10/11/88 315 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE ENACTMENT OF REVISIONS TO THE PROCESS OF THE USE OF DISCOVERY DEPOSITIONS IN CRIMINAL CASES; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 66-88 is on file in the official Resolution Book) 49.B. Golf Course Restaurant and Bar License Agreement. The Commis- sion is to consider proposed Amendment No. 2 to Golf Course Restaurant and Bar License Agreement between the City and Gerald Miller concerning locker room maintenance. 50. Awards of Bids and Contracts. A. Quality Improvement Program - Florida Innovation Group - $30,000 with funding to come from Account 001-1311-512-32.17. B. Maintenance Agreement/Amendment - IBM - $2,057 per month with funding to come from Account 001-1811-513-33.32. C. Addendum I to Waters, Trego & Davis Contract - $6,384 with funding to come from various departmental consulting and training budgets. D. Renewal of the City's Workers' Compensation with Florida League of Cities - Not to exceed $402,612 with funding to come from Account 551-1575-591-34.97. E. Rental Rehabilitation Program - Deferred Loan Contract Award - Property at 228-230 S.W. 15th Avenue - FEC Management, Inc. - $15,939. Ms. Horenburger moved to approve the Consent Agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Ms. McCarty stated, with regard to Item 43, that she is not in opposition to the payment of the invoice to Mercer/Slavin; however, she does not want that, in any way, to reflect that she agrees with the expenditure of the funds for Dr. Bidol as an appropriate out-of-pocket expense. Mayor Campbell declared the meeting adjourned at 10:33 P.M. City Clerk 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 October 11, 1988, which minutes were formally approved and adopted by the City Commission on ~.~. /~. -26- 10/11/88 316 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. -27- 10/11/88