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07-26-88 131 JULY 26, 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 7:05 P.M., Tuesday, July 26, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Richard Barnes, bnity of Delray Beach Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell presented a proclamation congratulating the Delray Beach National Little League and the dedicated volunteers, wishing them success as they host the 1988 Florida State Championship Tournament at Miller Park from July 31 to August 6, 1988. 4.B. Mayor Campbell introduced Ray Gerner, Director of Delray Citizens for Delray Police, who requested that the public support the Police and Firefighters in every way possible. He then introduced Perry DonFrancisco, President of Delray Citizens for Delray Police. He stated the intent of this group is to provide Delray Police with both financial and moral support. The upcoming events for 1988 will be discussed by members of this group. Helen Coopersmith, stated three scholarships will be awarded on July 30, 1988, to children of the Delray Police force. The public is welcome. Andre Fladell presented a petition to the City Clerk supporting the position of "Twenty Years and Out", a retirement program for the Police Department. He stated the Labor Day Police Challenge will occur Labor Day on the beach, beginning at 12:00 noon. The four participating agencies will be the Palm Beach County Sheriff's Office, the Delray Beach Police Department, the Boca Raton Police Department and the Boynton Beach Police Department. He gave a detailed description of the events and prizes and urged the public to attend. 5. Mayor Campbell requested that Item Nos. 48 and 49 be moved to a position after Item No. 9 and Item No. 57 on the Consent Agenda be moved to the first Item on the Regular Agenda. The City Manager requested that Item No. 50 be withdrawn and Item 63 G. be removed from the Consent Agenda and placed at the beginning of the Regular Agenda. Mr. Weatherspoon requested Item 63 F. be removed from the Consent Agenda and placed at the beginning of the Regular Agenda. Ms. Horenburger ~moved t~ approve the Agenda, as modific~, 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. PUBLIC HEARINGS 6. Waiver of Ordinance and Approval - American Cancer Society August 20, 1988. A request from the American Cancer Society to Waive an ordinance in order to distribute free sunscreen products along the 132 public beach on August 20th between 11:00 A.M. and 2:00 P.M., is before the Commission for consideration. Prior to consideration of this waiver, a Public Hearing has been scheduled to be held at this time. 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 to waive an ordinance and approve the request, 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. 7. Ordinance No. 80-88: Ordinance No. 80-88, annexing property on Atlantic Avenue at Barwick Road with an initial zoning of ART and PRD-L, (Sherwood Forest Development), is before the Commission for consider- ation 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 9th. 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 CONTIG- UOUS 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 ART (AGRICULTURAL RESI- DENTIAL TRANSITIONAL) DISTRICT, IN PART, AND PRD-L (LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) 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. 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. Upon the-request of Mayor Campbell, David Kovacs, the Planning Director, gave an overview of the recommendation of the P&Z Board by stating the applicant's request was granted. This is a voluntary annexation with a proposed zoning designation of PRD-L, with the ex- ception of the land fronting Atlantic Avenue, for which the applicant requested a zoning designation of ART. Michael Botos, 1200 N. Federal Highway, Boca Raton, represent- ing the applicant, Sherwood Park Golf, Inc., stated there is a site plan and conditional use review under discussion in the P&Z Department. However, only the annexation and zoning classification is before the Commission for approval at this time. Michael Gelfand, representing the Hamlet Residents Association~. stated he feels the Commission should indicate the limits of development at this time of annexation and the proposed zoning should be compatible with the surrounding property. He is requesting the zuning be desig- nated R-1AA or R-1AAA. Sheldon Reibman, President of the Country Club, and Lawrence Mills, Director of the Hamlet Residents Association, spoke in favor of the annexation only if both parcels are given the same zoning desig- nation and clarification is given by the developer indicating what is proposed for the property. Mr. Gelfand urged the Commission to turn down this request and have the developer return with another package when the site plan is available. -2- 7/26/88 133 Mr. Botos stated with regard to the concerns of the site plan for the PRD-L, the applicant will be happy to stipulate that the final approval of the site plan by the Commission will accompany the final annexation and zoning approval. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 80-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - No; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated a zoning designation of R-1AA or R-1AAA does not guarantee that some time in the future the property cannot be rezoned. Ms. Horenburger questioned if there is a plan to extend Barwick Road or for the County to acquire a right-of-way. The City Manager advised a site plan approval for ART would require an intersection at Barwick Road. Mr. Kovacs noted the current site plan addresses the manner of access, indicating an extension of Barwick Road. Prior to the completion of the property transactions, there will be a plat encompass- ing the entire 72 acres and at that time the rights-of-way will be provided for Barwick Road. Ms. Horenburger stated, in her opinion, there is no valid reason for having this parcel split. Ms. McCarty felt this is a prime opportunity for the City to provide quality single family housing. Upon question by Ms. Brainerd, Mr. Kovacs confirmed that if the parcel zoned ART should be used for an office building, a strip center or one of the previously mentioned uses, the correct zoning designation along with a land use plan change would need to be approved. Ms. Brainerd stated she would have a problem with a land use plan change on the parcel zoned ART. Mayor Campbell stated it is the general consensus of the Commission to see that the property be zoned low-density residential. He would like an opportunity to discuss this with the interested per- sons. At this point the roll was called to the motion. Mayor Campbell declared a recess the time being 7:55 P.M. The meeting reconvened at 8:02 P.M. 8. Ordinance No. 75-88: Ordinance No. 75-88, rezoning 25 acres of City owned land from R-lA to RM to accommodate the proposed Auburn Trace Housing Development, is before the Commission for consideration on First Reading and Continued Public Hearing. Prior to consideration of passage of this ordinance on First Reading, a continuation of the public hearing has been scheduled to be held at this time. If passed, Second and Final Reading will be held August 9th. The City Manager presented Ordinance No. 75-88: AN ORDINANCE OF THE CITY CO~ISSiO~ OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE WEST SIDE OF S.W. 8TH AVENUE, BETWEEN S.W. 4TH STREET AND S.W. 7TH STREET, IF THESE STREETS ARE EXTENDED WESTWARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER -3- 7/26/$~ 134 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. The City Manager stated the rezoning action on this property was initiated in November 1987, with a proposed designation of nH. Following P&Z Board hearings in January, it was recommended that zoning for the Auburn Trace project be changed to nM, consistent with a compan- ion action on a Land Use Map Amendment. Under provisions of the RM zoning district, seven units per acre is guaranteed. An increase in density of up to ten units per acre is permitted provided that per- formance standards are met in the site plan of the project. City and Palm Beach County School Board staff met to discuss the impact the Auburn Trace Complex might have on school attendance boundaries and racial composition. Following that meeting a position statement from the District opposing the Auburn Trace complex was forwarded. The City Manager advised at issue is whether or not 368 units of low and moderate income housing on this 38 acre tract is an appropri- ate use given its location and its impact on racial composition of various school attendance areas in South Palm Beach County. An amenity package for the apartment complex includes a privacy wall and a security system all of which are designed to attract a stable tenant mix and offer a quality living environment. Although there is no way to guarantee or accurately forecast the actual number, it is reasonable to expect that most, if not all, of the new residents can be drawn from the Delray Beach population. It is not unreasonable to expect that professionals and semi-professionals such as police, fire, sales, education, and other workers in similar income groups will find this housing attractive, given the Auburn Trace amenity packages and built-in security systems. It is important to keep in mind that, while imposing lower densities may still allow a finan- cially feasible project, there are other cash flow factors to consider. A reduction in construction and mortgage costs for a complex with fewer units will occur. Operating costs for an apartment complex of this size will not be reduced and thus the amenity package, which makes this project a worthwhile one, may not be affordable with lowered operating revenues. By way of summary, the staff recommends approval of Ordinance No. 75-88, rezoning 25 acres of property for the proposed Auburn Trace affordable housing project from R-lA to RM. Henrietta Smith stated while being aware of the need for affordable housing, she is concerned about the price. Being a part of the education system, she is concerned with regard to the racial mix of schools and school boundaries as well as crowded conditions. She feels the City is contemplating building a neighborhood that is going to lose its school and she feels an area without schools does not work. Arthur Jackel stated he feels affordable housing is needed badly, but the zoning should have come first and the residents should have the quality of life affordable to all other residents. He also feels the financial structure leaves a lot to be desired with regard to the taxpayers. He requests that the Commission consider this item very carefully. Philip Procacci, the proposed developer, stated this project has been under discussion for nearly one year, a project sorely needed, and a project that contains 368 units which is the only way he can proceed with the development at this time. Mary Beddoe stated she has lived in Delray Beach all her life and does not feel the project will be an inter-racial project, as it has always been a black area. The Public Hearing was closed. -4- 7/26/88 135 Ms. McCarty moved to deny Ordinance No. 75-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated there is an identical project in Riviera Beach of 520 units on approximately 40 acres. He feels there is no comparison with this project and the neighboring subdivision of Carver Estates. As for the School Board problem and the racial bounda- ry, that section can be bussed to another school, if necessary. Ms. Horenburger stated she is disappointed the .Commission failed to address the school boundary issue nearly a year ago when they originally approved the project. She feels it would be unconscionable to expect the parents to agree to the bussing of their children when the school is within walking distance. She feels the zoning is not appro- priate and she would not vote in favor of the project at this time. Ms. McCarty stated she feels the seven units per acre has always been an issue and she has not been in favor of a higher density from the beginning of the project. She feels that if the School Board Boundary issue had surfaced sooner, perhaps this could have been re- solved earlier. At this time she is not in favor of approval. At this point the roll was called to the motion. Assistant City Attorney Kurtz advised there is the issue of the contract with Procacci Development Corporation that was approved and drafted on June 28, 1988. Mr. Procacci returned the contract, along with a letter from his attorney indicating the project they were in- volved in consisted of the 368 units. Based on that understanding and the belief that contracts should not be entered into if they do not have an agreement, he feels the prior authority to execute the contract should be rescinded, as there is no agreement at this time. In addi- tion, an extension has been requested and they are hopeful that it will be granted, since the UDAG Grant Agreement, which calls for a closing on the property August 1, 1988, will not happen. Technically, the City must be aware that HUD could say the first deadline was not met and therefore, the Grant Agreement is withdrawn. Ms. McCarty left the Commission Chambers at this time. 9. Ordinance No. 76-88: Ordinance No. 76-88, amending the Land Use Plan for property located at S.E. 10th Street and Federal Highway (Gulfstream Motor Lodge), changing the zoning from MF-10 to C, 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. 76-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, FROM MF-10 (MULTIPLE FAMILY - 10 UNITS/ACRE) TO C (COMMER- CIAL); SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF S.E. 57H AVENUE ~D S.E.~ 10TH STREET'; AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 76-88 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. -5- 7/26/88 136 Ms. Horenburger moved for the 'adoption of Ordinance No. 76-88 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 4 to 0 vote. Ms. McCarty returned to the Commission Chambers at this time. 48. Conditional Use Permit Request (CU 6-241): A request for a conditional use and attendant site plan for a proposed Hotel/Motel at the southwest corner of Federal Highway and S.E. 10th Street, is before the Commission for consideration. Ms. Horenburger moved for approval of the recommendation of the P&Z Board, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. WeatherspQon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mayor Campbell if the current plan allows for any roadway or access easement going west, ~arry Schneider, Architect representing the applicant, stated there is not. Mr. Kovacs stated the building is located in such a way that, if at some future time that would be necessary, a row of parking could be taken out, a street could be put in and parking would be provided to the west. At this time the roll was called to the motion. 49. Ordinance No. 77-88: Ordinance No. 77-88, rezoning land presently zoned RM-10 to SAD for the proposed Gulfstream Motor Lodge located at S.E. 10th Street and Federal Highway, is before the Commis- sion for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 77-88: 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 THE SAD (SPECIAL ACTIVITIES) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF S.E. 5TH AVENUE AND S.E. 10TH STREET, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 77-88 is on file in the official Ordi- nance Book) Ms. Horenburger moved for the adoption of Ordinance No. 77-88 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. 5. Ms. Horenburger moved to revisit the agenda to move Item No. 47 to follow Item No. 10, 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. 78-88: Ordinance No. 78-88, amending the Land Use Plan for property located east of Military Trail, south of the L-32 Canal (Pylon Professional Building), and changing the zoning from MF-6 to O, 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. -6- 7/26/88 137 Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the Chair. The City Manager presented Ordinance No. 78-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, FROM MF-6 (MULTIPLE FAMILY - 6 UNITS/ACRE) TO 0 (OFFICE); SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, BETWEEN N.W. 3RD DRIVE AND THE L-32 CANAL; AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 78-88 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. Brainerd moved for the adoption of Ordinance No. 78-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call-the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 47. Ordinance No. 79-88: Ordinance No. 79-88, rezoning land presently zoned SAD to POC for the existing Pylon Professional Building, located east of Military Trail, south of the L-32 Canal, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 79-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN POC (PLANNED OFFICE CENTER) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, BETWEEN N.W. 3RD DRIVE AND THE L-32 CANAL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 79-88 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 79-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 81-88: Ordinance No. 81-88, annexing property on &outh Federal Highway (Enterprise Leasing) with an initial City zoning of GC and RM, 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 and FINAL Reading will be held August 9th. The City Manager presented Ordinance No. 81-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥ 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 -7- 7/26/88 138 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. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 81-88 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; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Ms. Horenburger left the Commission Chambers at this time. 12. 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 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 and FINAL Reading will be held August 9th. Mayor Campbell returned to the Commission Chambers at this time and took the Chair. 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. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 82-88 on First R~ading, secended by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 13. Ordinance No. 83-88: Ordinance No. 83-88, amending Chapter 162, "Signs and Billboards" of the Code of Ordinances relative to permit fees, 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 and FINAL Reading will be held August 9th. -8- 7/26/88 139 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. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 83-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 t'o 0 vote. 14. 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 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 and FINAL Reading will be held August 9th. The City Manager presented Ordinance No. 84-88: 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. 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. Alice Finst, 707 Place Tavant, questioned who will be monitor- ing signs since certain signs in the Central Business District are not going before the Community Appearance Board for approval. Assistant City Attorney Kurtz stated if the person delegated from the Building Department to monitor those particular signs finds a sign that appears to be out of character, it will be referred to CAB. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 84-88, on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 15. Ordinance No. 85-88: Ordinance No. 85-88, amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to allow identification structures to be placed .in the medians or rights-of-way adjacent to -9- 7/26/88 140 subdivision entrances, 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 and FINAL Reading will be held August 9th. 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. 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. Assistant City Attorney Kurtz stated in order to preserve certain signs, the City has grandfathered in the location of all -sub- division signs that existed as of July 1, 1988. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance 85-88 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. Ms. Horenburger returned to the Commission Chambers at this time. 16. Ordinance No. 86-88: Ordinance No. 86-88, amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to permit permanent special events signs, 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 and FINAL Reading will be held August 9th. 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 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. The City Attorney read the caption of the ordinance. A public h~aring 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. Assistant City Attorney Kurtz stated there is a minor change due to Commission direction limiting the signs to 20 square feet with a maximum height of 6 feet. The public hearing was closed. -10- 7/26/88 141 Ms. Brainerd moved for the adoption of Ordinance No. 86-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 17. Ordinance No. 87-88: Ordinance No. 87-88, amending Chapter 162, "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 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 9th. 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. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 87-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. 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 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 and FINAL Reading will be held August 9th. 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. The City A~torney 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. Mark Little stated he is objecting to the 4"x18" requirement, as this limits the wording and design on any one panel° The public hearing was closed. -11- 7/26/88 142 Ms. Brainerd moved for the adoption of Ordinance No. 88-88 on First Reading. The motion failed for lack of a Second. Ms. Horenburger moved for the adoption of Ordinance No. 88-88, on First Reading, with the deletion of the 4"x18" requirement, seconded by Ms. McCarty. .Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Ms. Brainerd stated the logic behind the restriction was to keep the signage consistent throughout the City. At this point the roll was called to the motion. 19. 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 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 9th. The City Manager presented Ordinance No. 89-88: 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 162.035, "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. 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. Assistant City Attorney Kurtz stated there is a change allowing a 160 square foot sign and three signs that total 250 square feet; however, if all signs are kept under a height of 7 feet, the Ordinance allows a total of 350 square feet for the three signs with one sign being a total of 180 square feet. Ms. McCarty moved for the adoption of Ordinance No. 89-88 on First Reading, seconded by Ms. Brainerd. Ms. Horenburger requested Ordinance No. 89-88 be amended in Section 2 (a) on line two by adding the word "freestanding" before the word sign to avoid future misunderstanding. Ms. McCarty amended her motion to add the word "freestanding" as requested by Ms. Horenburger, Ms. Brainerd amended her second. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes? Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 20. 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 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 and FINAL Reading will be held August 9th. The City Manager presented Ordinance No. 90-88: -].2- 7/26/88 143 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 THE 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; AND 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. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 90-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Ordinance No. 91-88: Ordinance No. 91-88, amending the Zoning Code by revising the definition of "Family", 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 and FINAL Reading will be held August 9th. 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. 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. 91-88 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. PUBLIC HEARINGS - ENCLAVE ORDINANCES 22. Ordinance No. 62-88: Ordinance No. 62-88, annexing Enclave '3lB, located on the west side of S.W. 4th Avenue between Linton Boule- vard and S.W. 10th Street, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City M~nager p~esented Ordinanc~ No. 62-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH TWO PARCELS OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS GENERALLY LOCATED ON THE WEST SIDE OF S.W. 4TH AVENUE, BETWEEN LINTON BOULE- VARD AND S.W. 10TH STREET, AND LYING EAST OF GERMANTOWN ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE -13- 7/26/88 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 AND RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT, IN PART; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 62-88 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. Mary Beddoe stated she has three items to bring before the Commission: (1) .There is a Public Park now in the City that was originally donated to the County in 1940 and has never had anything done to it. (2) There is a house on Douglas Avenue behind Lot 2 that sits in the road right-of-way and has no back access. (3) There is also a cocaine "shooting gallery" and she is interested to learn what Code Enforcement and the Police Department plan to do to correct these problems. William Murtha, Chairman of CAPA, stated there are two suits opposing the annexation of the Enclaves and he is making a flat running objection to all the ordinances. Olive Beer, Southridge Road, spoke briefly in support of the annexation. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 62-88 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. 23. Ordinance No. 63-88: Ordinance No. 63-88, annexing Enclave 32, located at the southwest corner of the intersection of S.W. 10th Street and S.W. 4th Avenue, 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. 63-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE EAST HALF OF LOT 5 (LESS THE NORTH 25 FEET THEREOF AS ROAD RIGHT-OF-WAY) OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF S.W. 10TR STREET AND 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 CF (COMMU- NITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 63-88 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. -14- 7/26/88 145 Ms. Horenburger moved for the adoption of Ordinance No. 63-88 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. 24 Ordinance No. 64-88: Ordinance No. 64-88, annexing Enclave 38, lo---cated between U.S. Highway No. 1 and the Intracoastal Waterway, south of S.E. 10th Street, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 64-88: AN ORDINANCE OF THE CITY COUNCIL 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, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN U.S. HIGHWAY NO. 1 AND THE INTRACOASTAL WATERWAY, APPROXIMATE- LY 660 FEET SOUTH OF S.E. 10TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 64-88 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. 64-88 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. 25. Ordinance No. 65-88: Ordinance No. 65-88, annexing Enclave 39, located on the south side of Brooks Lane, at the west end of said street, lying east of and adjacent to the Intracoastal Waterway, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and'FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 65-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 48, DELRAY BEACH SHORES, A SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE 167, IN 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 SOUTH SIDE OF BROOKS LANE, AT THE WEST END OF SAID STREET, LYING EAST OF AND ADJACENT TO THE INTRA- COASTAL WATERWAY; REDEFINING THE BOUNDARIES OF SAID CITY ~'O INCLUDE SAID LAND; PROVIDIN~ FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 65-88 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 -15- 7/26/88 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. 65-88 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. 26. Ordinance No. 66-88: Ordinance No. 66-88, annexing Enclave 42, located at Linton and Ocean Boulevard (Highway A1A), if 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. 66-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 21, IN PART, AND SECTION 28, IN PART, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND' IS LOCATED DIRECTLY EAST OF THE INTERSECTION OF STATE ROAD A1A AND LINTON BOULEVARD, BETWEEN STATE ROAD A1A AND THE ATLANTIC OCEAN; 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 RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 66-88 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. Elizabeth Adams, representing the Cambridge Condominium Associ- ation, which is located directly across the street from the Colony Surf Motel, questioned if the Motel will be required to upgrade the building now that it will be a part of the City. Mayor Campbell advised that upon annexation, Code Enforcement will be requested to. address the situation. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 66-88 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. 27. Ordinance No. 67-88: Ordinance No. 67-88, annexing Enclave 46, located along the east side of Ocean Boulevard (Highway A1A) just south of Linton Boulevard, 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. 67-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, 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 DIRECTLY EAST OF THE INTER- SECTION OF DEL-HARBOUR DRIVE AND STATE ROAD A1A, BETWEEN STATE ROAD A1A AND THE ATLANTIC OCEAN; REDEFINING THE -16- 7/26/88 147 BOUNDARIES OF SAID CITY TO ~INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-15 (MULTIPLE FAMILY DWELL- ING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 67-88 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. McCarty moved for the adoption of Ordinance No. 67-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted a~ 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. 28. Ordinance No. 68-88: Ordinance No. 68-88, annexing Enclave 47, located one quarter mile south of Linton Boulevard between Ocean Boule- ovard (Highway A1A) and the beach, is before the Commission for con- sideration 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. 68-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, 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 STATE ROAD A1A AND THE ATLANTIC OCEAN, APPROXIMATELY 1,470 FEET SOUTH OF THE INTERSECTION OF LINTON BOULEVARD AND STATE ROAD A1A; 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 RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 68-88 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. 68-88 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. 29. Ordinance No. 69-88: Ordinance No. 69-88, annexing Enclave 48, located one quarter mile south of Linton Boulevard on the west side of Ocean Boulevard (Highway A1A), is before the Commission for considera- tion on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and F~NaL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 69-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, 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 THE INTRACOASTAL -17- 7/26/~$ ~ 148 WATERWAY AND STATE ROAD A1A, APPROXIMATELY 1,470 FEET SOUTH OF THE INTERSECTION OF LINTON BOULEVARD AND STATE ROAD A1A; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 69-88 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. Brainerd moved for the adoption of Ordinance No. 69-88 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. 31. Ordinance No. 71-88: Ordinance No. 71-88, annexing Enclave 44, located on the southeast corner of the Sun Bank property to the north of Burger King on South Federal Highway, just south of Linton, 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. 71-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, 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 U.S. HIGHWAY NO. 1, APPROXIMATELY 100 FEET SOUTH OF THE INTERSECTION OF LINTON BOULEVARD AND U.S. HIGHWAY NO. 1; 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 SC (SPECIALIZED COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 71-88 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. McCarty moved for the adoption of Ordinance No. 71-88 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. 32. Ordinance No. 72-88: Ordinance No. 72-88, annexing Enclave 45, located on the east side of South Federal Highway and is presently the site of a portion of the Delray Beach Toyota Automobile Dealership, 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. 72-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS -18- 7/26/'88 149 1 THROUGH 6, INCLUSIVE (LESS ROAD RIGHT-OF-WAY), LOTS 7 THROUGH 13, INCLUSIVE, AND ABANDONED AVENUE "A" LYING SOUTH OF AND ADJACENT TO LOTS 6 THROUGH 12, INCLUSIVE, BLOCK 38, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 9, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY NO. 1 AND AVENUE "A"; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 72-88 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. Michael Botos, representing the owner, stated he is objecting to the annexation subject to the GC zoning category on the grounds that it is inconsistent with the surrounding zoning of SC on the north, south and west. The zoning is also inconsistent with the County zoning of CG, which permits the property's existing use as an automobile sales facili- ty. He feels if the property is to be developed, it would need to be joined with a parcel to the north or south to have the requisite lot size. A zoning of GC would not permit this joining of property and would substantially reduce the value of the property. He is requesting that the ordinance be denied with the GC Zoning; however, they will not object to the annexation subject to a zoning of SC. Digby Bridges, Architect for William Chamberlin, stated he shares the feeling of Mr. Botos, in that this is spot-zoning at its worst. Ms. Horenburger returned to the Commission Chambers at this time. Jean Beer, 945 Tropic Boulevard, stated she understands the Enclaves that are under-sized, according to the auto dealers ordinance, are being annexed~with a GC zoning because they do not conform and feels the Commission should be consistent. In addition, at Visions 2000, it was anticipated the east side of Federal Highway could be upgraded. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 72-88 on Second and FINAL Reading, seconded by Ms. McCarty. Ms. McCarty questioned what protection the Commission has that this site will not become another used car lot situation. The City Manager stated the only protection would be the economic guarantee that the adjacent Property owners and the owner, himself, would want to make sure there was a quality use of the property. Ms. McCarty questioned if there is merit in the statement this is spot-zoning. The City Attorney stated if the Commission is planning to proceed with a policy to annex properties east of Federal Highway, establish GC zoning and at some future time, plan to direct staff to change the zoning district for other adjacent properties to GC, someone must be first and he does not see it as being spot-zoning. This is not to say that this parcel cannot be annexed in another category and, at a single time, rezone every parcel. Ms. Brainerd stated she respects the points made to go along with the SC zoning; however, it is east of Federal Highway and she feels it should be kept simple. -19- 7/26/8~ 150 Mayor Campbell questioned if the used car lot is discontinued for 180 days, could the property then be sold and another car lot be established if it has an SC zoning. The City Attorney replied only if it is zoned SC and the owner receives conditional use approval. Mr. Kovacs advised in the SC zoning, when applying for conditional use approval, it requires 1.5 acres to establish the use. Mr. Botos stated an offer was made at the P&Z Board meeting to tie the two parcels together and zone the parcel SC, which was rejected. If that offer was presented again, he feels the two parcels would be joined together with a unity of title. Ms. Horenburger made a substitute motion to postpone consider- ation of Ordinance No. 72-88 on Second and FINAL Reading for a maximum of thirty days, 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. Ordinance No. 73-88: Ordinance No. 73-88, annexing Enclave 58, located at the southwest corner of Davis Road and the L-30 Canal, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 73-88: AN ORDINANCE OF THE CITY COUNCIL 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 ON THE WEST SIDE OF DAVIS ROAD, BETWEEN THE L-38 CANAL AND RAINBERRY ESTATES; 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 (AGRICUL- TURAL RESIDENTIAL TRANSITIONAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 73-88 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. Jim Nowlin, Lone Pine Road, spoke briefly in opposition of the annexation. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 73-88 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. ENCLAVE ORDINANCES - FIRST READING - NO PUBLIC HEARING 34. Ordinance No. 92-88: Ordinance No. 92-88, annexing Enclave 49, consisting of two parcels totaling 1.2 acres with a proposed zoning of RM-15, and located at 2325 South Ocean Boulevard (Cote d'Azure), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 23rd. The City Manager presented Ordinance No. 92-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A -20- 7/26/88 151 PARCEL OF LAND LYING AND BEING IN SECTION 28, 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 THE INTRACOASTAL WATERWAY AND THE ATLANTIC OCEAN, AT THE SOUTH BOUNDARY OF' THE CITY, ADJACENT TO HIGHLAND 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 RM-15 (MULTIPLE FAMILY DWELL- ING) DISTRICT; 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. 92-88 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. 35. Ordinance No. 93-88: Ordinance No. 93-88, annexing Enclave 51, consisting of a .19 acre parcel located east of Florida Boulevard and bordered on three sides by Tropic Bay Condominiums, with a proposed zoning of RM-15, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 23rd. The City Manager presented Ordinance No. 93-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 4, BLOCK 2, FIRST ADDITION TO DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24 AT PAGE 46 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 FLORIDA BOULEVARD, APPROXIMATELY 500 FEET SOUTH OF DOGWOOD DRIVE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 93-88 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. 36. Ordinance No. 94-88: Ordinance No. 94-88, annexing Enclave 52, consisting of 4 parcels totaling 4.25 acres with a proposed zoning of GC and located west of Federal Highway and north of Lindell Boulevard, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 23rd. The City Manager presented Ordinance No. 94-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE NORTH SIDE OF AVENUE "L", BETWEEN U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY; 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; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -21- 7/26/88 152 The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 94-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 37. Ordinance No. 95-88: Ordinance No. 95-88, annexing Enclave 54, '~onsisting of a .98 acre parcel with a proposed zoning of RM-10 and located at the southwest corner of the intersection of Avenue "L" and Frederick Boulevard, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 23rd. The City Manager presented Ordinance No. 95-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 55 THROUGH 68, INCLUSIVE, BLOCK 32, 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 AT THE SOUTH- WEST CORNER.OF THE INTERSECTION OF AVENUE "L" AND FREDER- ICK BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 95-88 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. 38. Ordinance No. 96-88: Ordinance No. 96-88, annexing Enclave 56, consisting of two five acre parcels totaling 10 acres and located on the north side of the L-31 Canal, approximately 300 feet east of Barwick Road with a proposed zoning of ART, is before the Commission for consid- eration on First Reading. If passed, Public Hearing will be held August 23rd. The City Manager presented Ordinance No. 96-88: 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 12, 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 ON THE NORTH SIDE OF THE L-31 CANAL, APPROXIMATELY 300 FEET EAST OF BARWICK 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 (AGRICUL- TURAL RESIDENTIAL TRANSITIONAL) DISTRICT; 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. 96-88 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. 39. Ordinance No. 97-88: Ordinance No. 97-88, annexing Enclave 57, consisting of a 13.34 acre parcel with a proposed zoning of R-1A-B and -22- 7/26/88 153 located at the northeast corner of the intersection of Barwick Road and the L-32 Canal, is before the Commission for~ consideration on First Reading. If passed, Public Hearing will be held August 23rd. The City Manager presented Ordinance No. 97-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH ALL OF THE PLAT OF WINDWARD PALMS AS RECORDED IN PLAT BOOK 24 AT PAGE 239 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA (LESS LOT 1, BLOCK 1 OF SAID PLAT OF WINDWARD PALMS), WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTH- EAST CORNER OF THE INTERSECTION OF BARWICK ROAD AND THE L-32 CANAL; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1A-B (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 97-88 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. 40. Ordinance No. 98-88: Ordinance No. 98-88, annexing Enclave 60 consisting of a 1.35 acre parcel located immediately east of the inter- section of the L-32 Canal and the Seaboard Air Line Railroad and extend- ing northeast for approximately 600 feet, With a proposed zoning of LI, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 23rd. The City Manager presented Ordinance No. 98-88: 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 EAST OF THE INTERSECTION OF THE L-32 CANAL AND THE SEABOARD AIR LINE RAILROAD, AND EXTENDING NORTHEAST FOR APPROXIMATELY 600 FEET; 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; 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. 98-88 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. 41. Ordinance No. 99-88: Ordinance No. 9~-~, annexing Enclave 64, consisting of a .64 acre parcel located immediately west of the Seaboard Air Line Railroad and approximately 800 feet south of the L-32 Canal, with a proposed zoning of MI, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 23rd. The City Manager presented Ordinance No. 99-88: 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 -23- 7/26/88 154 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 THE SEABOARD AIR LINE RAILROAD AND APPROXIMATELY 800 FEET SOUTH OF THE L-32 CANAL; 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; 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. 99-88 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. 42. Ordinance No. 100-88: Ordinance No. 100-88, annexing Enclave 67, consisting of a 6.15 acre strip of canal, located as the 100 foot right-of-way of the Lake Worth Drainage Canal lying west of Dover Road between Linton Boulevard on the south and Glenwood Drive on the north, with a proposed zoning of RM-6 and RM-10, .is before the Commission for .consideration on First Reading. If passed, Public Hearing will be held August 23rd. The City Manager presented Ordinance No. 100-88: 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 19, 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 AS THE 100 FT. RIGHT-OF-WAY OF THE LAKE WORTH DRAINAGE CANAL LYING WEST OF DOVER ROAD, BETWEEN LINTON BOULEVARD ON THE SOUTH AND GLENWOOD DRIVE ON THE NORTH; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, AND RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 100-88 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. 43. Ordinance No. 81-87: Ordinance No. 101-88, annexing Enclave 70, consisting of a 10.86 acre parcel and adjacent canals totaling 9.08 acres located at the intersection of 1-95 and the C-15 Canal, extending approximately one-half mile north, with a proposed zoning of ART, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 23rd. The City Manager presented Ordinance No. 101-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE INTERSECTION OF 1-95 AND THE C-15 CANAL, EXTENDING APPROXIMATELY ONE-HALF MILE NORTH; 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 -24- 7/26/88 155 (AGRICULTURAL RESIDENTIAL .TRANSITIONAL) DISTRICT; PROVID- ING 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 101-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. FIRST READINGS - NOT ENCLAVES 44. Ordinance No. 81-87: Ordinance No. 81-87, the reconsideration of an ordinance amending the Zoning Code relative to the definition of "Family" which had been tabled on October 20, 1987, is before the Commission for consideration. The caption of Ordinance No. 81-87 is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", SECTION 30-1 "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION (33) "FAMILY"; BY ENACTING A NEW SUBSECTION (33) "FAMILY" TO PROVIDE THAT FAMILY SHALL MEAN ONE (1) OR MORE PERSONS, LINEALLY RELATED, BY BLOOD, MARRIAGE OR ADOPTION AND LIVING AS A SINGLE HOUSEKEEPING UNIT IN A DWELLING, WHICH MAY ADDITIONALLY INCLUDE TWO UNRELATED PERSONS, AND PROVIDING THAT PERSONS RESIDING WITH A FAMILY FOR THE PURPOSE OF ADOPTION, OR FOR FOSTER CARE AS LICENSED OR APPROVED BY THE STATE OF FLORIDA OR ANY PERSON WHO IS LIVING WITH A FAMILY AT THE DIRECTION OF A COURT OR ANY PERSON WHO IS A DEPENDENT AS SET FORTH BY FEDERAL INCOME TAX RULES AND REGULATIONS, FALL WITHIN THE DEFINITION OF FAMILY; PROVIDING, FURTHER THAT THE MAXIMUM SIZE OF A HOUSEHOLD SHALL BE TWO PERSONS PER BEDROOM PLUS TWO OTHERS. IF THE MAXIMUM SIZE OF A HOUSEHOLD IS EXCEEDED, THEN PERSONS RESIDING IN THE DWELLING MUST MEET THE DEFINITION OF FAMILY; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Ms. Horenburger moved to reconsider Ordinance No. 81-87, 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. Ms. Horenburger moved to deny Ordinance No. 81-87, 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. SECOND READINGS - NOT ENCLAVES Ms. McCarty left the Commission Chambers at this time. 45. Ordinance No. 61-88: Ordinance No. 61-88, annexing property on ~orth Federal Highway IBorton Volvo, Inc.) ~ith an initial zoning o£ SC, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 61-88: 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, TOGETH- ER WITH LOTS 41, 42, 43, AND 43-A, DELRAY BEACH ESTATES, ACCORDING TO .THE PLAT THEREOF ON FILE IN THE OFFICE OF -25- 7/26/88 156 THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 13, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, BETWEEN THE DELRAY DRIVE-IN THEATRE AND GULFSTREAM BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; ~ROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED COMMERCIAL) DISTRICT; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 61-88 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance 61-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 46. Ordinance No. 74-88: Ordinance No. 74-88, rezoning land ~esently zoned PCC and R-lA to SC for the proposed Wallace Automobile Dealership along Germantown Road, is before the Commission for consider- ation on Second and FINAL Reading. The City Manager presented Ordinance No. 74-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN SC (SPE- CIALIZED COMMERCIAL) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF GERMANTOWN ROAD AND QUEENS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 74-88 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 74-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA Ms. McCarty returned to the Commission Chambers at this time. 57. Conditional ~se Permit Request (CU 6-222): The Commission is to consider a request for a conditional use and attendant site and development plan for Wallace Automobile Dealership facilities located east of Germantown Road. Roger Saberson, representing the applicant, stated the only item needing to be discussed is the time limitation for approval. The ultimate buildout for the two phase project is five years and they are requesting the Commission approve a time of three years for Phase I and five years for Phase II. Ms. Horenburger moved to approve the Conditional Use and Attendant Site and Development Plan, with conditions, but include a three year time limitation for Phase I and up to five years for Phase II, seconded by Ms. McCarty. -26- 7/26/88 157 Mayor Campbell stated he has a concern with regard to the five years by setting a precedent and feels the Commission should structure into the approval the fact that this is a special circumstance. The City Manager stated the reason it was expedited on the Agenda, was due to the fact that they wanted a ground breaking, so they could move forward and five years is not particularly consistent with that. Mr. Weatherspoon stated he feels the way the existing ordinance was modified is creating a problem for the developer. Mayor Campbell agreed with Mr. Weatherspoon, in that developers are now being encour- aged to request longer time periods. Mr. Saberson stated at the time he and Mr. Wallace went before the P&Z Board, the 18 month time period or completion of 25% of the project was agreeable, on the assumption that the Ordinance that was in effect before the new one was adopted would apply. Mr. Kovacs stated if the change is going to create considerable confusion, he recommends the Commission keep the 25% rule as it is now with the 18 month limitation. Ms. Horenburger amended her motion to be. conditional, should that section of the Ordinance relative to the time limitation fail on Second and FINAL Reading on August 9th, Ms. McCarty amended her second. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 63G. Awards of Bids and Contracts - Elkin Construction: The Commis- sion is to consider an award of contract to Elkin Construction for Construction of Air Stripping Units to treat the 20 Series Wellfield in the amount of $1,485,478.90. The City Attorney stated the representatives from CH2M Hill are present to explain the bid along with their recommendations. Subsequent to the bid opening, communiques were received from the two sets of defendants in the current litigation. Two proposals and an alternate proposal were received from two engineering firms and CH2M Hill has spent considerable time reviewing these. Their recommendation is to go with the lowest bidder and to go with the air stripping proposal previ- ously authorized by the Commission. The alternative proposals, as recommended by CH2M Hill, do not comport with the Commission direction. The concerns listed in their report contain three problems, in his opinion, with the alternative proposals. The first is that the City is receiving no guarantee, financial or otherwise, that the alternative proposal will work. It is a newer methodology that uses an air-cooling system to be placed on the Aero-Dri site. Water from their site along with water from some, but not all, of the City's Series 20 wells, would be mixed together and subjected to the air atmosphere process and is not a proven methodology. Secondly, the price differential, when using the correct figures and all six well sites, is not, in his opinion, signifi- cantly different from what the City has proposed and received bids on. Thirdly, it is more of a policy matter, but the City has a system designed by CH2M Hill, the parameters of which are to bring the contami- nants down to a level of under one part per billion. There is no guarantee with the alternative proposals; only at some point through the mixture of the waters in their coolant system, would they endeavor to get under the maximum of three parts per billion. He recommends, based on tLe preliminary review and analysis of CH2M Hill, that the City award the low bid reflected in thc Consent Agenda at Item 63.G. Ms. Horenburger questioned what guarantee is provided with the proposal and the bid before the Commission. The City Attorney advised there is a guaranteed price to conclusion, with the exception of unknown Change Orders, all the 20 Series wells will be operating and all the contaminants will be removed down to the one part per billion or below. Upon question by Mr. Weatherspoon, relative to the time frame when all contaminants will be removed, the City Attorney stated it is -27- 7/26/88 158 his understanding that scientific information is not available to guarantee that one year will be sufficient time. Mr. Weatherspoon questioned if there would be a significant savings if the Air Strippers were to be placed on their property, as suggested. Mark Morris, Project Engineer for CH2M Hill, replied if the same size and capacity air strippers were placed on their site, there may be a minor capital cost savings by locating the air strippers at the well site, but utilities personnel expressed reservation about having a system so vital to the operation of the water treatment plant and the supply of water, remote from the water treatment plant. In addition to locating it at the Aero-Dri site, they expressed concerns about having a system not under their direct control. Ms. Horenburger moved to approve the staff recommendation to award the contract to Elkin Construction, 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. The City Attorney stated he would like to express his thanks to CH2M Hill for the incredible effort made on their part to complete their analysis in time for the Commission meeting. 63.F. Award of Bids and Contracts - Hardrives of Delray: The Commis- sion is to consider an award of contract to Hardrives of Delray for a storm drainage project at N.E. 1st Street in the amount of $749,763. Mr. Weatherspoon questioned if it is wise to construct a drainage system under a parking garage. The City Manager stated it will be under the right-of-way that goes through the garage. Gerald Church, City Engineer, stated the storm sewer will be under the pavement and the deck of the garage which cantilevers over the road one story above. Mr. Weatherspoon moved to award the contract for N.E. lst Street storm drainage project to Hardrives of Delray, 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. 51. Dolphin Pile Variance Request -.Nancy . Sie~el-Olmstead: A request for a variance for installation of dolphin pile at 947 Jasmine Drive, is before the Commission for consideration. The City Manager stated Ms. Olmstead is requesting a variance in order to construct a dolphin pile closer than the 25 foot minimum distance from adjacent property as required by City Code. Staff and the City Attorney recommend denial of the variance because they believe it is possible to comply with the Code given the 90 foot width of Ms. Olmstead's lot. The City Code requires a 25 foot setback for dolphin piles in order to assure that neighboring property owners are afforded equal navigability for their boats. Adjacent property owners were notified of the variance request and a written objection was received from the owner of Lot 426. Nancy Sie~el-Olmstead, 947 Jasmine Drive, gave a brief explana- tion of the need for the variance to safely secure their boat from hurricanes and storms. Mr. Church gave a mylar p~-esentation showing the situation and stated that Engineering reviewed the project and recommend denial because it is possible to put the dolphin pile within the 25 foot setback. Ms. McCarty moved for approval of the variance, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion FAILED with a 3 to 2 vote. Before roll call the following discussion was had: -28- 7/26/88 159 Ms. Horenburger questioned if there are existing dolphins that do not follow the code and at what point were they allowed. Mr. Church stated there are some that exist closer than the setback currently required. This ordinance became effective approximately five or six years ago in response to problems such as this. At this time the roll was called to the motion. 52. Interlocal A~ree~en~ for Development of 33 Single Family Homes: The Commission is to consider authorizing the execution of an Interlocal Agreement between the City and Palm Beach County for the development of 33 single family homes bounded by S.W. 2nd Street and S.W. 8th Avenue. The City Manager stated this is an Interlocal Agreement between the City and Palm Beach County to allow construction of 33 single family homes under the auspices of the Palm Beach County Housing Partnership. The City will be contributing funding of approximately $130,000 towards the development costs of the Housing Partnership Development in the form of CDBG funding over this year and next year. Palm Beach County will provide $150,000 to the Housing Partnership and waive certain develop- ment fees in addition to the CDBG funding. This will allow the develop- ment to move forward. Ms. Horenburger moved to approve the Interlocal Agreement with the stipulation, with concurrence of the Commission, that the County be asked to accommodate the infrastructure costs of this project, 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: Ms. Horenburger stated there has been discussion with the County and there will be infrastructure road improvements that nearly equate with the cost of the road impact fees and she hopes those costs will be addressed. George Steele, Managing Partner of the Palm Beach County Housing ~artnersh{p, stated they have requested waiver of the road impact fees. At this point the roll was called to the motion. 53. Temporary Tent - Revival Meeting: The Commission is to consid- er a request from the Daughter of Zion Seventh Day Adventist Church to erect a tent on their property located across the street from their church at 201 N.W. 3rd Avenue for a revival meeting from July 31st through September 3rd. Ms. Brainerd moved for approval of the temporary tent, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. (NOTE: Mayor Campbell left the Commission Chambers before roll call). Upon question, a representative of the Church stated the revival is to last for five weeks and will be held at 202 N.W. 3rd Avenue. Mayor CampbeLl left the Commission Chambers at this time and Vi~-Mayor Wea%herspoon took the Chair. Ms. Brainerd questioned if there will be a parking problem to which the representative replied there will be none, as the lot itself is large enough to accommodate the vehicles. Ms. Horenburger stated she has a concern with regard to the length of time the tent will be standing. Upon question as to the Code requirement, the City Attorney advised there is an ordinance stating two purposes, (1) group gatherings or (2) protecting seasonal products. If -29- 7/26/88 160 the applicant can demonstrate a real need that seems to be the best factor. At this time the roll was called to the motion. 54~ Temporary Tent.- Revival Meeting: . The Commission is to consid- er a request from Bethanie Zion 7th Day Adventist French Church to erect a tent on vacant property located on the corner of S.W. 6th Avenue and S.W. 10th Street for a revival meeting from July 31st through August 27th. Ms. Brainerd moved for approval of the revival tent, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: Mayor Campbell returned to the Commission Chambers at this time and took the Chair. 55. Children Services Council Grant: The Acceptance of a $112.,362 grant from the Children Services Council for the expansion of an afterschool program at the Community Center, Carver School and Pompey Park, is before the Commission for consideration. Approval is recom- mended. 56. Law Enforcement Accreditation: The Commission is to consider an appropriation of $18,000 from the Law Enforcement Trust Fund for the second phase of Law Enforcement Accreditation. Approval is recommended. 58. Conditional Use Permit Request (CU 6-575): A request for a conditional '~se and"~ttenda~t site and development plan for the Exxon Gasoline Station at the northwest corner of Atlantic and Congress Avenues, is before the Commission for consideration. Planning and Zoning recommend approval, subject to six conditions outlined at their meeting of July 18th. 59. Resolution No. 40-88: Resolution No. 40-88, assessing costs for abating nuisances on 31 parcels of property at various locations throughout the City, is before the Commission for consideration. The caption of Resolution No. 40-88 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. 40-88 is on file in the official Resolution Book) 60. Resolution No. 41-88: Resolution No. 41-88, assessing costs for abating nuisances on four parcels of property at various locations throughout the City, is before the Commission for consideration. The caption of Resolution No. 41-88 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 -30- 7/26/88 161 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. 41-88 is on file in the official Resolution Book) 61. Resolution No. 42-88: Resolution No. 42-88, assessing costs in the amount of $1,298.00 for abatement action required ~to remove an unsafe building located at 911 North Federal Highway, is before the Commission for consideration. The caption of Resolution No. 42-88 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 RESO- LUTION, 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. 42-88 is on file in the official Resolution Book) 62. Resolution No. 43-88: Resolution No. 43-88, assessing costs in the amount of $2578.40 for abatement action required to remove an unsafe building located at 102 N.W. 10th Avenue, is before the Commission for consideration. The caption of Resolution No. 43-88 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 RESO- LUTION, 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. 43-88 is on file in the official Resolution Book) 63. Awards of Bids and Contracts: A. Scott Airpacs - Safety Eq'oipment Company - $21,743.30 B. Handtools and Hardware Supplies - Duncan-Edwards - $21,000. C. Cellular Telephones - Cartel Business Communications - $10,680. D. Watermain Construction in Delray Beach Municipal Golf Course - Onontario of Palm Beach - $251,817.45. E. Street Resurfacing - Hardrives of Delray - $300,510. H. Water and Sewer Revenue Bond Issue - Paying Agent and Registrar - Citizens and Southern - $12,075. Escrow Agent - Midlantic National Bank - $11,200. -31- 7/26/88 Ms. Brainerd moved for approval of the Consent Agenda, 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. PROCEDURAL ITEMS 64. Alice Finst, 707 Place Tavant, stated she 'has a concern with the lengthy process required in a Code Enforcement Violation, mainly an ongoing, unprotected swimming pool situation that she has spoken about before. Mayor Campbell stated the City has tried for years to get the Legislature to grant some type of adjustment to give to the Code En- forcement Board to speed up the process. He suggested she speak with the City Attorney to see if there is a way the violator could be cited for some sort of emergency situation. 65. Ms. McCarty moved to approve the minutes of the Regular Meeting of June 28, 1988, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 66.A.1. Ms. Brainerd questioned the status of the newsletter to be included in the Homeowners Association Newsletters. The City Manager stated the newsletter will be available Friday. 66.A.2. Ms. Horenburger stated she has requested information from the Children's Services Council in Amherst, Massachusetts, and would like to workshop this item again. She feels there is a definite need for day care and child care in addition to the after school programs funded by the Children's Services Council of Palm Beach County. 66.A.3. Ms. Horenburger requested that someone make note relative to the traffic speed on northbound Federal Highway south of Atlantic Avenue at the flashing light to see if a caution sign might also be installed. 66.A.4. Ms. Horenburger requested the status of the drainage at the north end of the beach. She also has a concern with blowing sand on the north end of the beach blowing onto the street and neighbor's lawns. 66.A.5. Ms. Horenburger stated she feels no final decision should be made on the downtown signage until there is further public discussion. 66.A.6. Ms. McCarty questioned the status of the time frames with regard to Code Enforcement. The City Manager stated that will be dealt with at the next staff meeting. 66.A.7. Mayor Campbell stated the workshop Will be scheduled later than 7:00 P.M. due to a Special Event next Tuesday evening. 66.B.1. The City Attorney stated he has two items that need action at this time. One is the settlement offer in the case of Walker vs. City of Delray in the amount of $22,500 with a recommendation of denial; the other is the approval of easements and a deed for the downtown Court- house. Now that it has been replatted, it is necessary to change the legal description and give different easements. Ms. Horenburger moved to deem the two items as emergency items and to amend the agenda as advised by the City Attorney, 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. Ms. Horenburger moved for denial of the settlement offer in the case of Walker vs. City of Delray, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horen- burger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. The City Attorney stated the City does not have complete approval on the site~ plan. Approval is needed for the deed to the -32- 7/26/88 163 "Downtown Courthouse Plat", an easement for the entrance drive between the Courthouse and Public Safety Facility and an easement for the wall between the City's property line and the Public Safety Facility. The wall is 18 feet in and they need that 18 feet to accommodate their drive, so the City is giving them an easement up to the east side of the wall. Ms. Brainerd moved for approval of the deed and the two ease- ments, 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. 66.C. The City Manager questioned if the City is interested in purchasing the lots at 222 N. Ocean Boulevard to consider beach side parking and the lots south of the old Police Department Parking lot. Mayor Campbell suggested this be discussed at the time of the proposed Bond Issue and the Capital Outlay Program. Mayor Campbell declared the meeting adjourned at 11:10 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 July 26, 1988, which minutes were formally approved and adopted by the City Commission on ~ o,T~.fF~. 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. -33- 7/2~13~