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08-09-88168 AUGUST 9, 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 7:10 P.M., Tuesday, August 9, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager Walter 0. Barry and Assistant City Attorney Jeffrey Kurtz. 2. The opening prayer was delivered by Herb Young, Grace Fellow- ship Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell presented a proclamation proclaiming August 9, i'~88, as "Integrity Day". PUBLIC HEARINGS 5. Waiver of Ordinance and Approval - Off-Premise Sign in Median at N.E. 2nd Avenue and Dixie Boulevard. The Commission is to consider a waiver of Section 162.070 of the City's Code to allow placement of a Del Ida Homeowner Association sign at N.E. 2nd Avenue and Dixie Boulevard. Prior to consideration of this waiver a public hearing has been sched- uled to be held at this time. The City Manager stated he has discussed this with the Assis- tant City Attorney and they feel that they should conduct the public hearing and continue this item until August 23rd. They would like to research the Sign Code, just adopted, to see whether or not this request could be accommodated by the Sign Code and would, therefore, not require a waiver. 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. Bonnie Davis, 204 N.E. 5th Terrace, stated she is a resident of the Del Ida Subdivision and she showed the Commission the design of the sign they are proposing. Upon question by Mr. Weatherspoon, Mayor Campbell advised the sign will still have to go before the Community Appearance Board. The public hearing was closed. Ms. Horenburger moved to postpone this item to the next regular meeting, 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. 6. CommunSty Development Block Grant Proposed 1988-89 Statement of Objectives. and .projected Use of Funds. Prior to consideration, a public hearing has 'been scheduled to be held at this time. Mayor Campbell stated the proposed funding includes $257,994 for 18 housing rehabilitations, $11,000 for demolition or clearance of dilapidated structures, $25,525 in code enforcement activities, $60,000 169 for infrastructure improvements for a new 33- unit subdivision, $7,244 for child care activities and $73,237 for administrative costs. 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. Upon question by Ms. Horenburger, Lula Butler, Director of Community Improvement, advised they were asked by the Delray Beach Community Child Care Center to fund a part-time position in their Title 20 program; they do not have enough money to staff themselves properly. Upon question by Mr. Weatherspoon, Ms. Butler stated nothing would preclude anyone else from asking for the same consideration; they make a decision based on how much money they have. Upon question by Mayor Campbell, Ms. Butler stated the $73,237 covers the cost of the CD Coordinator, the administrative assistant and other operating supplies; they are personnel costs directly attributable to the program. Ms. McCarty moved to approve the proposed 1988-89 Statement of Objectives and Proposed Use of Funds for the Community Development Block Grant Proposal, 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. 7. Ordinance No. 102-88. Ordinance No. 102-88, designating the Sundy Feed Store Building as an Historic Building and authorizing the relocation to Morikami Park, is before the Commission for consideration on First Reading, Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. If passed, Second Reading will be held August 23rd. The City Manager presented Ordinance No. 102-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SUNDY FEED STORE BUILDING LOCATED ON THE SOUTH 85 FEET OF THE NORTH 153 FEET OF LOT 1, BLOCK 84, DELRAY BEACH, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A HISTORIC BUILDING AND AUTHORIZING THE RELOCATION TO MORIKAMI PARK; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 102-88 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. 8. Ordinance No. 103-88. Ordinance No. 103-88, rezoning land presently zoned RM-10 to PRD-7 for Hidden Lake Subdivision, off Homewood Boulevard, is before the Commission for consideration on First Reading. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. If passed, Second Reading will be held Aug'u~% 23~d. The City Manager presented Ordinance No. 103-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN PRD-7 (PLANNED RESIDENTIAL) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE WEST SIDE OF HOMEWOOD BOULEVARD, -2- 8/9/88 170 BETWEEN HOMEWOOD LAKES SUBDIVISION AND LAGO DEL RAY, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 103-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mayor Campbell stated that if a project should come through there are two things he would be looking for: (i) there should be no discrimination based on age and (2) they would look towards family oriented projects so that the site plan would be scruti- nized in that regard. At this point the roll was called to the motion. 9. Ordinance No. 104-88. Ordinance No. 104-88, amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to increase the size of permitted sign face, is before the Commission for consideration on First Reading. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. If passed, Second Reading will be held August 23rd. The City Manager presented Ordinance No. 104-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULA- TIONS'' , CHAPTER 162, "SIGNS AND BILLBOARDS" , SECTION 162.035, "SIGNS PERMITTED AND REGULATED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION (5), TO INCREASE THE SIZE OF PERMIT- TED SIGN FACE; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of ~the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 104-88 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 w~th a 5 to 0 vote. 'Ms. Horenburger left the Commission Chambers at this time. 10. Ordinance No. 105-88. Ordinance No. 105-88, amending Chapter 162 "Signs and Billboards" of the Code of Ordinances relative to signs permitted and regulated in zoning districts, is before the Commission for consideration on First Reading. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. If passed, Second Reading will be held August 23rd. The City Manager presented Ordinance No. 105-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, SECTION 162.035, "SIGNS PERMITTED AND REGULATED IN ZONING DISTRICTS" BY AMENDING SUBSECTION (F), "COMMERCIAL DISTRICTS", .SUB-SUBSECTION 1 "SHOPPING CENTERS ONLY" -3- 8/9/88 171 SUB-SUB-SUBSECTION (b), TO INCREASE THE PERCENTAGE OF BUILDING FACE THAT A WALL SIGN MAY ENCOMPASS; BY AMENDING SUBSECTION (G), "INDUSTRIAL DISTRICTS", SUB-SUBSECTION 2, TO REDUCE THE PERCENTAGE OF BUILDING FACE THAT A WALL SIGN MAY ENCOMPASS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN E~FECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Horenburger returned to the Commission Chambers at this time. Mr. Weatherspoon moved for the adoption of Ordinance No. 105-88 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. Before roll call, Mayor Campbell stated he has had a request from the shopping center owner at the southeast corner of Military Trail and Atlantic Avenue regarding signs in an arcade, which is not an enclosed mall. Presently, they allow a face sign on a strip center; however, he questioned what they would do if there are several stores which do not front the outside of the arcade. He would like staff to consider this and look at whether it may be appropriate to fit it into one of these Sign Code amendments, rather than entertaining something special. They may want to place this on an upcoming workshop meeting. At this point the roll was called to the motion. 11. Ordinance No. 106-88. Ordinance No. 106-88, amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to regulate the size of signs permitted within special setback areas, is before the Commission for consideration on First Reading. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. If passed, Second Reading will be held August 23rd. The City Manager presented Ordinance No. 106-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.055, "CLEARANCE HEIGHT AND SETBACKS", 'OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION (4) TO REGULATE THE SIZE OF SIGNS PERMITTED WITHIN SPECIAL SETBACK AREAS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 106-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Ye~; Mr. We~hersp~n - Yes; Ma~o~' C~n~bell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS 12.a.1. Mark David, 1700 Dover Road, stated he is one of the people who is involved in the five committees of the citizen participation effort in the various elements of the Comprehensive Plan. He stated that the five elements are only five of the nine required elements. The Depart- ment of Community Affairs will scrutinize the submission of the Compre- hensive Plan in relation to citizen participation. He feels they may -4- 8/9/88 172 receive some criticism from DCA as to why the four other elements were not included~ The other four are land use, transportation, inter- governmental coordination and the capital improvement program. He requested that the Commission consider this as being very important in the eventual submission to DCA; perhaps they can add another four committees for these very important elements. 12.a.2. Henry Davis, 709 S.W. 2nd Terrace, stated his community is having a problem regarding the conditions of their homes and they can get no help from the City Building Official. He presented the Commis- sion with a letter from the 14 homeowners and requested that they look into the matter. Mayor Campbell stated they will look into this matter and either the Commissioners or City Manager will get back to him. 12.b.1. Mr. Weatherspoon stated that several months ago they looked into rezoning the Sherwood Park Plaza, which is currently zoned SAD; however, there were some rumors of a pawn shop going in there and the applicant decided not to pursue the rezoning. He questioned if, with the consensus of the Commission, they could give staff direction to revisit this item. There is a new development in the area and he feels this may warrant them looking into whether they want to rez6ne Sherwood Park Plaza something other than Commercial or SAD. Mayor Campbell stated he feels that staff should determine whether or not this needs to go back to the P&Z Board for a recommenda- tion. They could bring this up at the next workshop meeting after staff researches this and has a consensus opinion of where they want to go with it. 12.b.2. Mr. Weatherspoon stated that the recreation field on Block 48 allows free play and until several months ago this did not pose a problem. However, now there have been several incidents where adults are taking advantage of the children. He feels they need to have staff look into this to see how they can coordinate the playing activity. 12.b.3. Ms. Horenburger stated there is a proposal to put a sidewalk on Casuarina Road and some of the residents have asked that they take a look at the possibility of making this a one-way directed east road and having a bike path. She would like to either workshop this or have staff come back with a report as to the feasibility. 12.b.4. Ms. Horenburger stated, with regard to screen porch construc- tion, that they too often see members of the public running into prob- lems where the screens are either illegal within the setback, the permits are pulled incorrectly or the contractor is fly-by-night and the people are victimized. She feels they need to either have some setup where the Board of Construction Appeals looks at this or they look at the people doing business in the City of Delray Beach. Assistant City Attorney Kurtz stated there is some difficulty with them independently licensing companies as they have to honor the State licenses which are granted. However, he will look into this. 12.b.5. Ms. Horenburger stated they have recently annexed a lot of properties and she feels they need a policy, on a fairness basis, with regard to the nuisances on those properties, whether they be buildings, billboards or vendors. They should give the owners of the property notice that they have X amount of time to do something about the nui- 'sance and, if they do not meet it by the deadline, they will be cited. 12.b.6. Ms. Horenburger stated she feels they need to get all the facts together and workshop the subject of fluoride in the water. 12.b.7. Ms. McCarty stated there was a meeting with some business merchants, representatives from the Chamber of Commerce and DOT and they had some questions about whether or not the bridge needed to be repaired this soon or could it wait until after the season. DOT relayed that it had to be done immediately. Out of that meeting, it was established that they would put a stop work order out the day before Thanksgiving and that the bridge would be open for business for Thanksgiving and -5- 8/9/88 173 through the season. They also requested that the City send a letter stating they-would waive any ordinances which would prohibit work from being done 24 hours a day; this would allow the schedule to condensed even further. They intend to contact the City Manager with their schedule on August 16th. She has been asked by the Chamber of Commerce to ask the Commission for a consensus to direct the City Manager to write the letter. Mayor Campbell stated that Mr. Huffs, from Kay Henderson's office, called him this afternoon and he told Mr. Huffs that the mer- chants did not want anything less than something in writing assuring them of the position. Since the contract has not been signed or let, he told Mr. Huffs that they would prefer to have something in the contract. He can see no reason why this cannot be done. The City Manager advised the waiver of the noise ordinance will be advertised. 12.b.8. Ms. McCarty stated the Commission received a memorandum from the City Attorney concerning the proposed ordinance regarding code enforcement and the maintenance of yards, landscape areas and walls. She questioned if it is the consensus of the Commission to put this on for first reading. Mayor Campbell stated they could put this on the workshop agenda next week and then have it on the next regular meeting for first reading. 12.b.9. Ms. McCarty stated that in the Manager's report on July 29th he referred to the Homewood Boulevard improvements and advised that he would be making a recommendation for award of a contract at tonight's meeting. The City Manager stated while he anticipated doing this, there has been some development with the neighborhood association immediately adjacent to the improvement. Frank Spence, Interim Director of Development Services, advised that staff met with both the homeowners associations in the area to hear their concerns. They were concerned about the drainage and wanted storm sewers instead of swales. Also, the widening of the road would call for possible acquisition of additional land and, definitely, the removal of existing landscaping. Staff also approached them to see if they wanted sidewalks. The feedback from the homeowners was that they did not want sidewalks behind their property. The City is willing to go along with the storm sewers and they now have to redesign the paving project to add curbs in the median strip to be installed at the same time as the landscaping project. This project will be paid for out of the County's Impact Fees and not the City's. They expect to be back to the Commis- sion within thirty days. Mayor Campbell stated that he was at the meeting and they will have a sidewalk; however, it will not be apart from the street and set back, but will be adjacent to the curb and everyone agreed on that. Upon question by Mr. Weatherspoon, Mayor Campbell advised they had originally committed City funds to do some drainage improvements and, economically, they were going to be of the swale and French drain type. In the course of this project moving through, it became apparent that there was also going to be some widening and there were some County funds available. Since the City is no longer going to bear the impact they can also acco~nodate the interest of the residents. 12.b.10. Upon question by Ms. McCarty as to when the landlord permit ordinance with respect to enforcement will be amended, the Assistant City Attorney advised it will probably come back to the Commission at their August 23rd meeting. 12.b.ll. Ms. Brainerd questioned the status of the homeowners newsletter she suggested be started. The City Manager stated the Commission should have received a copy. The first issue went out and was mailed to about 20 groups. -6- 8/9/88 174 12.b.12. Ms. Brainerd questioned, with regard to the moving of the home for Susie Russell, if it is their intention to go ahead and move the house after the ordinances are waived later this month. Lula Butler advised in order to put the house on the lot it required them to make application to the Board of Adjustment for a variance. The application has been prepared and will go on the August 25th agenda. The contract was received today from the contractor and the house has been scheduled to be moved on August 26th. Ms. Horenburger stated she thought they were going to try and waive the statutory requirements of the Board of Adjustment and move along more quickly. Assistant City Attorney Kurtz advised the Commission has the power to waive ordinances where there is no other variance procedure applicable; however, there is the Board of Adjustment and they are not meeting until August 25th. If they went ahead, the City would be violating their own Codes. Ms. Horenburger stated they should move the house and then go to the Board of Adjustment. The City Manager stated if the Commission is so inclined they can move in that direction. 12.b.13. Ms. Brainerd stated, in accordance with direction at Visions 2000, and the State's requirement for trash recycling, she has looked into this and spent a day in Tallahassee reviewing a pilot program which the State has authorized. She would like the consensus of the Commis- sion to workshop the issue of trash recycling and, perhaps, have a presentation made for them by the City's present trash hauler. She would like to see them implement a pilot program. Ms. Horenburger stated she believes there is a pilot program that the Solid Waste Authority has in West Palm Beach. She would also like to see them discuss hazardous materials. It was the consensus of the Commission to workshop this item. 12.b.14. Mayor Campbell stated clarification may be needed that the additional police officers and code enforcement officers, as proposed in the budget, are recommendations to deal with the annexed areas and are not necessarily an increase to the existing City. 12.b.15. Mayor Campbell stated he has continually received complaints about the Marina Delray and the Commission received a memorandum from the City Attorney regarding this. Apparently, the owners are continuing to operate in a manner which defies any logic and he feels they should proceed as quickly as possible with the law suit. He would also like a complete, updated list of all the current code violations. Assistant City Attorney Kurtz advised this has been noticed for trial and they are waiting for word on a trial date. He would antici- pate a date within the next six to nine months. 12.b.16. Mayor Campbell stated they recently discussed the improvements to Lake Ida Road, between Congress Avenue and Swinton Avenue, and also Germantown Road which factored into neighborhood improvements. The County expressed an interest in both projects; however, because of budgetary considerations they do not have the money. He would like the administration to immediately schedule another meeting with the County Administrator or Engineering Department so that they can, effectively, lobby those back into the current road program. The City Manager stated he has a meeting scheduled within the next week regarding Lake Ida Road and he will use the opportunity to discuss 10th Street also. 12.b.17. Mayor Campbell stated they had a workshop meeting regarding code enforcement about two weeks ago and the City Manager was to give the Commission a specific time frame of implementation. -7- 8/9/88 175 Frank Spence advised that the memo has been issued from the City Manager 'to begin implementing all the items; however, he does not recall a request for a time schedule. He will get a report on the timing prepared for the Commission. 12.b.18. Mayor Campbell advised that he talked with the City Manager regarding the Kettlehut beautification project and he indicated that if they worked with all the City agencies involved, including the City Attorney's Office, that it could be started two weeks sooner. The City Manager stated it would involve holding a special meeting to award a contract. Mayor Campbell requested that the City Manager confirm this in the form of a memo. 12.b.19. Mayor Campbell advised he received notification from Mr. Kettlehut regarding matching funds. The State Municipal League report, which came out last month, indicated that the Legislature had funded $1.5 million for matching funds for beautification of roadways. He believes Mr. Kettlehut is going to apply for those funds and he would like an update on what they can expect. 12.b.20. Mayor Campbell reported he spoke with Mr. Kovacs regarding a planning and zoning problem and he would like the consensus of the Commission to move forward on it. He has seen a lot of small homes being built on 50 foot lots and, essentially, what they are doing is paving the front yards to meet the parking requirements. He would like to pass this on to the P&Z Board for their consideration. It was the consensus of the Commission to send this to the P&Z Board for their consideration. 12.b.21. Mayor Campbell stated he is getting tired of looking at the sand lot on Linton Boulevard, next to' Carney Bank. He requested that something be done and would like a report back in no later than two weeks to see if they can get some grass there. AlsO, there are high weeds on all the vacant tracts, along Linton Boulevard. 12.b.22. Mayor Campbell noted the Commission had delayed discussion of the West Atlantic Avenue problem and the City Manager had some meetings with local leaders regarding this. He would like some kind of report as to when it might be appropriate for discussion again, The City Manager stated it could be placed on the next workshop agenda. 12.b.23. Mayor Campbell reported there are two items which will be going to referendum in November; the first is with regard to the proposed Impact Fee, allowing the County to override the cities, and the second is the Traffic Performance Standards. The Municipal League will be discussing and voting on these items at its September 14th meeting. If the Commission is going to officially vote on an opinion they must discuss this in advance and take a formal vote on each issue. Also, he has an excellent letter from the Mayor of Lantana addressed to Carol Elmquist and he would like this letter and any other information put together for the Commission to discuss at a meeting so they can vote on the issues prior to September 14th. The City Manager stated he is preparing a response to the County Administrator's request regarding impact fees. They could discuss this on August 23rd. Following discussion, it was the consensus of the Commission to hold a special workshop meeting on August 25th or 26th. 12.c. There were no Non-Agenda items by the Assistant City Attorney. 12.d.1. The City Manager stated he would like to suggest that they have a special meeting next Tuesday regarding the CRA. Following that, they could also have a number of workshop items. 12.d.2. The City Manager stated the Commission has been furnished a copy of a letter regarding the Auburn Trace request for an extension and -8- 8/9/88 176 he would like to make this Item 33.A. They also have a letter-from the Old School Square requesting a line of credit and he would like to make this Item 33.B. 12.d.3. The City Manager stated the Commission has before them a letter from the Director of Public Utilities regarding the SCRWTD Board agenda items to be discussed at the meeting scheduled for Thursday evening. 13. Mayor Campbell stated if the City Manager would like the C~mmission to vote on both items he added to the agenda they will have to deem that they are ~emergencies. With regard to Auburn Trace, if they do not vote the time extension would expire and, therefore, that is deemed an emergency. With regard to Old School Square, it is an emer- gency in order that they can begin their funding process. Mayor Campbell requested that Item 37.C. be removed from the Consent Agenda and placed at the end of the Regular Agenda. Mr. Weatherspoon requested that Item 37.A. be removed from the Consent Agenda and placed on the Regular Agenda. Mr. Weatherspoon moved to approve the agenda, as modified, 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. Ms. Horenburger moved to approve the minutes of the Regular Meeting of July 12, 1988 and the Special Meeting of July 19, 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. SECOND READINGS Ms. Horenburger left the Commission Chambers at this time. 15. Ordinance No. 81-88. Ordinance No. 81-88, annexing property on South Federal Highway (Enterprise Leasing) with initial City zoning of GC and RM, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 81-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 6 THROUGH 10, INCLUSIVE, LESS THE WEST 38 FEET THEREOF, LOTS 11, 12, 13 AND 14, TOGETHER WITH THAT PART OF THE ABANDONED ALLEY RIGHT-OF-WAY LYING EAST OF LOTS 6 THROUGH 10, INCLUSIVE, AND WEST OF LOT 11, AND A PORTION OF THE ABANDONED RIGHT-OF-WAY FOR AVENUE "H", BLOCK 26, DEL- RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 10 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 EAST SIDE OF FEDERAL HIGHWAY, BETWEEN AVENUE "H" AND LA MAT 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 GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 81-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 81-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; -9- 8/9/88 177 Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 16. Ordinance No. 82-88. Ordinance No. 82-88, amending the Zoning Code by revising the PCC Zoning District in its entirety, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 82-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING "PCC PLANNED COMMERCE CENTER DISTRICT" (SECTION 173.655 THROUGH SECTION 173.668, INCLUSIVE) IN ITS ENTIRETY, AND ENACTING A NEW "PCC PLANNED COMMERCE CENTER DISTRICT", PROVIDING FOR SECTION 173.655 "PURPOSE"; SECTION 173.656 "PREREQUISITES; SECTION 173.657 "MASTER DEVELOPMENT PLAN"; SECTION 173.658 "ALLOWED USES"; AND SECTION 173.659 "DEVELOPMENT STANDARDS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 82-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinanCe. Ms. Brainerd moved for the adoption of Ordinance No. 82-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 17. Ordinance No. 83-88. Ordinance No. 83-88, amending Chapter k62, "Signs and Billboards" of the Code of Ordinances relative to permit fees, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 83-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.024, "PERMIT FEES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION (A), "PERMIT FEE", BY ENACTING A NEW SUBSECTION (A), "PERMIT FEE", PROVIDING FOR A SCHEDULE OF RATES FOR THE ISSUANCE OF PERMITS; BY ENACTING A NEW SUBSECTION (D) TO ESTABLISH A TIME WHEN FINAL INSPECTION OF THE SIGN IS TO BE CALLED FOR; PROVIDING A SAVING CLAUSE, PROVIDING A GENERAL REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 83-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 83-88 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. 18. Ordinance No. 84-88. Ordinance No. 84-88, amending Chapter 162, "Signs and Billboards" of the Code of Ordinances to eliminate the necessity of Community Appearance Board approval for certain signs within the Central Business District, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 84-88: -10- 8/9/88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS''. CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.020, "PERMIT REQUIRED; APPROVAL PROCESS; EXCEPTIONS", BY AMENDING SUBSECTION (B) (2), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUB-SUBSECTION 2(g) TO ELIMINATE THE NECESSITY OF COMMU- NITY APPEARANCE BOARD APPROVAL FOR CERTAIN SIGNS WITHIN THE CENTRAL BUSINESS DISTRICT ZONING CLASSIFICATION, PROVIDING CRITERIA FOR SUCH SIGNS; PROVIDING A SAVING CLAUSE, PROVIDING A GENERAL REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 84-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance.' Mr. Weatherspoon moved for the adoption of Ordinance No. 84-88 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. 19. Ordinance No. 85-88. Ordinance No. 85-88, amending ChaPter 162, "Signs and Billboards" of the Code of Ordinances to allow identifi- cation structures to be placed in the medians or rights-of-way adjacent to subdivision entrances, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 85-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.004, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION "ENTRANCE GATES", TO ALLOW IDENTIFICATION STRUCTURES TO BE PLACED IN THE MEDIANS OR RIGHTS-OF-WAY ADJACENT TO SUBDIVISION ENTRANCES ALLOWING CERTAIN EXISTING SUBDIVI- SION IDENTIFICATION SIGNS TO REMAIN OFF PREMISES; PROVID- ING A SAVING CLAUSE, PROVIDING A REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. .(Copy of-Ordinance No. 85-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 85-88 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. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the chair. 20. Ordinance No. 86-88. Ordinance No. 86-88, amending Chapter 162, "Signs and Billboards" of the Code of Ordinances to permit perma- nent special events sign, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 86-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.038, "TEMPORARY SIGNS", SUBSECTION (B), "MISCELLANEOUS SIGNS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH FLORIDA, BY ENACTING A NEW SUB-SUBSECTION (1) (a), TO PERMIT PERMANENT SPECIAL EVENTS SIGN, PROVIDING CRITERIA -11- 8/9/88 179 FOR LOT SIZE ON WHICH SUCH SPECIAL EVENTS SIGN MAY BE PLACED, PROVIDING FOR MAXIMUM SIZE, MINIMUM SETBACKS AND COMMUNITY APPEARANCE BOARD REVIEW OF SUCH SIGNS; PROVID- ING A SAVING CLAUSE, PROVIDING A REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 86-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 86-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 21. Ordinance No. 87-88. Ordinance No. 87-88, amending Chapter i62, "Signs and Billboards" of the Code of Ordinances providing that the definition of sign area shall equate with the definition of sign face, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 87-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.004, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION, "SIGN AREA"; AND BY ENACTING A NEW SUBSECTION, "SIGN AREA", PROVIDING THAT THE DEFINITION OF SIGN AREA SHALL EQUATE WITH THE DEFINITION OF SIGN FACE; BY AMENDING THE DEFINITION OF SIGN FACE; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 87-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 87-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 22. Ordinance No. 88-88. Ordinance No. 88-88, amending Chapter 162, "Signs and Billboards" of the Code of Ordinances to permit a freestanding directory sign in a nonresidential zoning district, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 88-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY 'BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.041, "DIRECTORY SIGNS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 162.041 "DIRECTORY SIGN", TO PERMIT A FREESTANDING DIRECTORY SIGN IN A NONRESIDENTIAL ZONING DISTRICT FOR EACH BUILDING EXCEEDING FIVE THOUSAND (5,000) SQUARE FEET IN AREA, AND PROVIDING A MAXIMUM SIZE FOR SUCH SIGN; PROVIDING A SAVING CLAUSE, PROVIDING A REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 88-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 88-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the -12- 8/9/88 180 Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 23. Ordinance No. 89-88. Ordinance No. 89-88, amending Chapter 162, "Signs and Billboards" of the Code of Ordinances providing for limitations on the size and number of freestanding identification signs in shopping centers, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented.Ordinance No. 89-88: AN ORDINANCE OF THE CITY COMMISSION OF T~E CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.035, "SIGNS PERMITTED AND REGULATED IN ZONING DIS- TRICTS", SUBSECTION (F), "COMMERCIAL DISTRICTS", SUB- SUBSECTION (1), "SHOPPING CENTERS ONLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUB SUB-SUBSECTION (a) AND ENACTING A NEW SUBSECTION (a) PROVIDING FOR LIMITATIONS ON THE SIZE AND NUMBER OF FREESTANDING IDENTIFICATION SIGNS IN SHOPPING CENTERS; PROVIDING A SAVING CLAUSE, PROVIDING A REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 89-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 89-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time. 24. Ordinance No. 90-88. Ordinance No. 90-88, amending Chapter 162, "Signs and Billboards" of the Code of Ordinances to permit a sign denoting the hours of business operation, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 90-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.020, "PERMIT REQUIRED; APPROVAL PROCESS; EXCEPTIONS", SUBSECTION (B), SUB-SUBSECTION (1) OF ~E CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUB-SUB-SUBSECTION (g) TO PERMIT A SIGN DENOTING THE HOURS OF BUSINESSES OPERATION AND SETTING A MAXIMUM SIZE FOR SUCH SIGN; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 90-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 90-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr~ Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. Horenburger returned to the Commission Chambers at this time. 25. Ordinance No. 91-88. Ordinance No. 91-88, amending the Zoning Code by revising the definition of "Family", is before the Commission for consideration on Second and FINAL Reading. -13- 8/9/88 181 The City Manager presented Ordinance No. 91-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING CODE" SECTION 173.001, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING THE DEFINITION OF "FAMILY" AND ENACTING A NEW DEFINITION OF "FAMILY" TO ESTABLISH WHAT CONSTITUTES FAMILY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 91-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 91-88 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. Before roll call the following discussion was had: Assistant City Attorney Kurtz stated that within the ordinance they have a waiver provision. His office has some concerns about the waiver as there is no criteria which has yet been established and, therefore, there is the potential that they could face an equal protec- tion standard should it be applied. Mayor Campbell questioned, if they do not do any waivers until they amend the ordinance later to add criteria, is there any problem with the ordinance as presently constructed. Assistant City Attorney Kurtz stated he does not believe so. At this point the roll was called to the motion. REGULAR AGENDA 26. Iandimarino Rezonin~. The Commission is to consider a request from Dominic J. IandiMarino to rezone 1.105 acres north of Lindell Boulevard between Dixie Boulevard and Federal Highway from RM-10 to GC. Denial is recommended until such time as the properties are consolidated into a single legal parcel. Mr. Weatherspoon stated he cannot understand why a Unity of Title could not be submitted. Bruce Kalita, representing the apPlicant, stated that Mr. IandiMarino has mortgages in excess of $300,000 on these four lots. Each one is subject to a separate mortgage which contains a clause requiring that the owner not impair the security of the lender. In the event that a Unity of Title were executed, abolition of the lot lines would result and the security interest in the lots would be impaired. Mr. IandiMarino would then probably be faced with action by the bank to force him to pay off and refinance the mortgages. He feels that if this were requested it would be contract zoning because it would require the execution of a collateral document affecting the lands in a manner not expressly contemplated in a rezoning process. If they can do something which does constitute a unified plan of development they will be back before the Commission with such a plan. Ms. Brainerd stated she firmly backs Mr. Kovacs request and agrees with his recommendation. Ms. Horenburger stated that Mr. IandiMarino has come to the Commission to ask for a rezoning of property, which is currently resi- dential, to commercial. She does not feel this is contract zoning if the City takes the position that the zoning is appropriate at RM-10 but they would consider the possibility of zoning it to commercial if the properties were tied together. -14- 8/9/88 182 Assistant City Attorney Kurtz stated that he understands they are here tonight for direction concerning potential rezoning. Rezonings are done through ordinance and it is voting on that ordinance when they would actually make their decision. The Commission would be better advised to consider this more formally through a rezoning ordinance and to vote on that. Mr. Kalita suggested that, if they cannot resolve this, they go on to the ordinance reading process and resolve it there. It was the consensus of the Commission not to move forward with regard to the rezoning; however, if the applicant wants them to have a formal process done they are obligated to do so and the ordinance will be prepared for the August 23rd meeting for action. 27. Change in the Zon.in~ Map - Miller Field. The Commission is to co~sider a City'initiated change in the zoning map for Miller Field from R-1AA and RM-10 to CF. Approval is recommended. It was the consensus of the Commission to ask staff to proceed and prepare the appropriate ordinances. 28. Communi.~y Redevelopmen~ Agency. The commission is to consider the appointment of a member to the CRA to a term ending July 9, 1990. Ms. Horenburger moved to appoint Kevin Egan as a member to'the CRA to a term ending July 9, 1990, 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. 29. Historic Preservation Board. The Commission is to consider the appointments of two members to the Historic Preservation Board to terms ending June 9, 1989. Ms. Horenburger moved to appoint Alice Finst as a member to the Historic Preservation Board to a term ending June 9, 1989. Said motion FAILED for lack of a second. Mayor Campbell passed the gavel to Mr. Weatherspoon in order to seCond the motion. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Mr. Campbell - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - No. Said motion passed with a 3 to 2 vote. Ms. Brainerd moved to appoint Sandra Norton as a member to the Historic Preservation Board to a term ending June 9', 1989, 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. 30. Delray Beach Housing Authority. The Commission is to consider the appointment of a member to the Delray Beach Housing Authority to a term ending July 14, 1992. Mayor Campbell stated he would like to submit the name of Jeanette Slavin for the Commission's consideration. He stated that, contrary to the memo received, this is to fill the unexpired term of Michael Plum, not to replace Leonard Syrop. Ms. Horenburger moved to appoint Jeanette Slavin as a member to the Delray Beach Housing Authority to a term ending July 14, 1992, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31. Downtown Development Authority. The Commission is to consider ~he appointments of two members to the Downtown Development Authority to terms ending July 1, 1991. -15- 8/9/88 183 Ms. Horenburger moved to reappoint Robert Costin and Thomas A. Smith as members to the Downtown Development Authority to terms ending July 1, 1991, 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. 32. Legislative Consultant Services Contract. The Commission is to consider authorizing execution of a LegiSlative Consultant Services Contract. The City Manager stated this item was submitted by Kathy Daley for Legislative Consultant Services from August, 1988 through July, 1989. Mayor Campbell stated that in all their contracts they usually allow some kind of an out in the event something should happen. He does not recall seeing one in this contract. Kathy Daley advised she spoke with the City Attorney's Office about putting the termination clause in when the final contract is signed; it is the same thing which was in last year's contract. Upon question by Mayor Campbell, Assistant City Attorney Kurtz stated the contract language and form was approved last year by. the Commission; they can simply plug in the new dates and amounts and use the same format as last year. Ms. Horenburger moved to approve the proposal on the same format as was executed last year for Legislative Consultant Services, 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. 33. Votin~ Delegate .- Florida League of Cities. The Commission is to consider the selection of a voting delegate to the Florida League of Cities Convention, October 13-15, 1988, in Kissimmee. Ms. Horenburger moved to appoint Mr. Weatherspoon as the voting delegate to the Florida League of Cities Convention, 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. 33.A. Auburn Trace - Request .for Extension. Ms. Brainerd moved to approve the request for extension until August 15, 1988, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. ~orenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 33.B. ~ld School Square, Inc. - Line of Credit. The City Manager stated that Old School Square, Inc., has requested that the City co-sign a letter of credit with Sun Bank in the amount of $73,000 for their administrative operations and expenses. They expect to receive the grant receipts from the State during Septem- ber and will then pay back the line of credit. The potential interest expense is $5,100. Ms. Horenburger moved to approve co-signing on the line of credit until such time as the available funds from the State grant are available, 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.A. Replacement.of Sanitary Manhole No. 6A (Hamlet Subdivision) - Southern Pipeline - $11,500. -16- 8/9/88 Mr. Weatherspoon questioned how this figure was derived and if it is the best price. The City Manager advised this was an emergency repair done in the Hamlet. The Purchasing Agent was on-site with the Public Utilities Director and verified that it needed to be repaired so that they could avoid imminent additional damage to the system. It was on that basis that the repairs were authorized. The amount obviously exceeds the administrative level of $10,000; however, under the emergency provisions of the Code, this procedure is permitted. Mr. Weatherspoon stated he is concerned that the work was done before it was brought to the Commission's attention, even though it was an emergency. He is also concerned that they only obtained one quota- tion. The City Manager stated he will find out what was done in terms of additional quotations. Upon question by the City Manager, Assistant City Attorney Kurtz stated he is not sure that they have had a formalized policy. He knows there have been situations where emergencies were taken care of, the repairs were done and then the Commission ratified the action. Mayor Campbell stated that perhaps they need to address this, particularly when they get into items in excess of a certain dollar figure. Mr. Weatherspoon moved to approve a contract to Southern Pipeline, in the amount of $11,500, for replacement of sanitary manhole No. 6A (Hamlet Subdivision), 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.C. Chan~e Order No. 1 - Atlantic Avenue Beautificati.on Pro~ect - Charles S. Whiteside, Inc. - $4,205. Mayor Campbell stated that he is not sure where the trees.are going; however, he does not want to find them on any rights-of-way. He suggested that they should be placed in areas which could really use them, such as Barwick Park, the Cemetery, Carver Estates or the Golf Course. The City Manager advised that the trees have been placed on the lot near the Cason Cottage. Mayor Campbell requested that they take into consideration the four places he mentioned as appropriate deposito- ries. Ms. Brainerd moved to approve Change.Order No. 1, to Charles S. Whiteside, Inc., in the amount of $4,205, 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. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 34. Ada Overs vs City of Delra¥ Beach. The Commission is to consider a settlement offer in the case of Ada Overs vs City of Delray Beach. The City Attorney's Office recommends rejection. 35. Grant Application - HUD Rental Rehabilitation Pro~ram. The commission is to consider approval of a grant application to compete for HUD funding for Fiscal Year 1988-89. Approval is recommended. 36. Child Care Task Force. The Commission is to consider the establishment of a Child Care Task Force. Approval is recommended. 37. Awards of Bids and Contracts. -17- 8/9/88 185 B. Change Order No. 1 - Germantown Road Water Transmission Main - Jobear, Inc. - $7,681.21 Reduction. D. Master Plan for Water Treatment Plant - Post, Buckley, Schuh & Jernigan, Inc. - $40,000. E. Appointment of Gulfstream Financial Associates, Inc., as Co-Senior Managing Underwriter for the Water and Sewer Bond Issue along with Prescott, Ball & Turben, Inc., and Prudential-Bache Capital Funding. F. Rental Rehabilitation Program - Properties at 130, 132, 134 and 136 S.W. 8th Avenue - FEC Construction Company - $20,713. G. Rental Rehabilitation Program - Properties at 122 S.E. 1st Avenue and 231 S.E. 3rd Avenue - B & JR Construction Company - $13,424. H. Annual Contract for Sodium Hypochloride - Allied Univer- sal Corporation - $183,636.44. I. Microcomputer Maintenance - G.E. Computer Service - $30,427.20. Ms. Brainerd 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. Mayor Campbell declared the meeting adjourned at 9:10 P.M. 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 August 9, 1988, which minutes were formally approved and adopted by the City Commission on NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -18- 8/9/88