Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
07-12-88
103 ~'ULY 12, 1988 A Regular Meeting of the City Commission of the City of Delray Beach, FlorSda, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:10 P.M., Tuesday, July 12, 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 Herb Young, Grace Feilow- ship Church. 3. The Pledge of Allegiance to the flag of the United Stat~s of ~merica was given. 4. Presentation - Old School Square Conceptual Design. The City Manager advised that this is a conceptual design the architects have put together to present to the Commission tonight, the intent being to get some feedback as to the way in which the site plan should be ultimately developed for submittal to the City. Jan Abell, Jan Abell Kenneth Garcia Partnership, Architects, stated they are presenting the conceptual design for Phase I of the Old School Square Project. She presented slides showing the site and what they propose to do with the existing school buildings and grounds. She stated they have only provided parking for staff on the site and are looking at off-street parking. She feels it was the consensus of the original concept that they did want to keep it as a park-like facility. Phase I will involve the completion of the high school, which has a theater in it. She stated, symbolically, they talked about the vertical element and'something simple for the City. They feel a block tower, or something similar, will identify this as a town square. Phase I will alsO include the site development, the outside courtyard, the covered walkways and the building on Atlantic Avenue. The City Manager stated that the project has come a long way from several years ago. Conceptually, they have presented an attractive idea for the Commission to consider. Tonight, he would like to see some expression of consensus as to the site plan. They did not discuss alot of the details; however, the next step is for them to submit a site plan for review by the Planning and Zoning staff. Mayor Campbell questioned how they contemplate phasing the project with regard to the funding. They have anticipated approximately $1.5 million in the first phase. Ms. Abell stated the first phase does involve the site plan development and Building 1 and the grant money, from the Division of Archives, will be available in October. Their plan was to have contract documents done in OctobeI and bidding done in No~enib~' so that, theoret- icaliy, when they get the money they would be able to use it. The grant money is approximately $500,000 and is clearly not the whole budget; however, she cannot say where the other money will come from. The $500,000 is specifically for the building, not the site, as the preser- vation funds did go for the historic property. Mayor Campbell stated the first phase will cost approximately $1.5 million, of which they have $500,000 from the State and $50,000 from the City. In order to inaugurate completely Phase I, the burden is 104 on the Commission and the Old School Square Foundation to come up with approximately $1 million by October. Th~ City Manager stated the Old School Square Foundation is going to have a major fund raiser, and it will be largely dependent upon when they'take possession of the building. He feels October is optimis- tic; however, the exterior work can be done with the amount of money available. 5. Mr. Weatherspoon requested that Items 38, 39 and 41.E. be removed from the Consent Agenda and placed at the end of the Regular Agenda. Mayor Campbell requested that Item 34 be removed from the agenda and placed as a special item for a meeting prior to the workshop next Tuesday. Ms. McCarty moved to approve the agenda, as modified, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with..a 5 to 0 vote. PUBLIC HEARINGS ~ 6. Waiver of Ordinance- Bidding Procedures Re Construction of 20 Series Wellfield Treatment Facil'ities.. Prior to consideration of this waiver a public hearing has been scheduled to be held at this time. The City Attorney stated the request is that they pre-qualify bidders in advance of the bid; this is different than the standard, sealed, competitive bidding procedures set forth in the Code of Ordi- nances. In order for them to keep on the timetable they previously established, and so that the airstripping units are installed and running by the time the Golf Course wellfields are ready to go, he believes it is necessary for them to go ahead and grant the waiver. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. NancY Graham, attorney for the Rosetti's and L&J Enterprises, who are the landowners, and also speaking on behalf of the attorneys for Aero-Dri, stated it has only been within the last month that they have been getting any testing results back. They expect to have the final data back in about two to three weeks. When they started getting the initial information about a month ago, she contacted the City Attorney and suggested that they should all get together and see if they could not sit down and discuss alternative proposals. The consultants, CH2M Hill, Dames & Moore and ERM South, felt that there were probably alter- nate proposals they could come up with which may be more cost effective than the process CH2M Hill was working toward. She had instructed the consultants to return with at least three alternative proposals, with some cos~ figures possibly attached, so that they could come back to the City. Because of the time, this was not able to happen. Following that meeting, she conferred with the other attorney and they concluded that if they were going to be able to come up with that type of proposal they were going to have to do it through their own consultants. They have not been able to come up with that proposal yet; however, she heard today that the only thing slowing it down is that they are waiting for some figures back from vendors. They do not feel that such an emergency exists to justify waiving the bidding procedures at this time. They expect to have, for CH2M Hill's review prior to the CommissiOn's next regular meeting, those alternative proposals with the estimates. Upon question by the City Manager, Ms. Graham advised that part of their proposal is to put an air stripping device on Aero-Dri's property to draw the water back through. The public hearing was closed. -2- 7/12/88 105 Ms. McCarty moved to waive the sealed competitive bid process with regard to the awarding of a contract to CH2M Hill, 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: Mr. Weatherspoon questioned, assuming they went along with Ms. Graham's suggestion, how it would affect the schedule proposed by CH2M Hill and how it would affect the life expectancy of the filters. The City Attorney advised that his position, or concern, is that this is a subject which has been going on since the early part of June. They have endeavored to remain cooperative throughout, with regard to getting proposals and trying to consider them. However, the proposal that is being discussed is something which they have been promised for a period of time and the deadlines given to all the defen- dants have not been complied with. Now it is not being promised until July 22nd and he does not have much belief that that deadline is going to be met. He does not have a problem with delaying the City's schedule if the defendants will admit that they are liable and that they will pay everything. However, if they do delay this and they will not admit liability and pay all of the costs, then the City will be left holding the bag for all those costs. They have already had carbon break through on one of the filters and' will, at some point in time, have to be replaced; it costs $48,000 more to replace the carbon in one unit. They also have the problem of meeting their deadline to bring the Golf Course wells on line. His concern is delaying this for no benefit to the City. Ms. Graham stated she would like to disagree with the City Attorney with regard to the proposals. They did promise him at the meeting three weeks ago that they would have something for this meeting. However, they have never promised anything before then that they did not do. She stated that in environmental cases the proof of causation is not the big issue; they get drug out in court fighting over the method of clean up and the cost involved. They have been trying to find out what happened at the site and what it would cost. Unfortunately, this takes a long time and is beyond the attorneys control. They now have that information, but in order for them to work out any kind of agree- ment with her clients they need to know what they are talking about in terms of cost. If they cannot get it to a figure which will work, the City will p~ssibl~ never recover. Mayor Campbell questioned if the City continues at this point with all due speed, and in two weeks if Ms. Graham's clients do come forward with a proposal which would be cost savings, are they so irre- trievably into a process that they cannot legitimately look at their proposal. The City Attorney stated that they will have gone through the pre-qualification and will have a bid in hand by July 26th. Mayor Campbell stated he is suggesting they go ahead and waive the process and let CH2M Hill commence. However, if in two weeks there was a legitimate cost saving proposal could they entertain it. The City Attorney stated, in his mind, it would not preclude them from considering something if it came up. Mayor Campbell stated they should direct CH2M Hill to proceed with all due haste, with the understanding that the Commission would be open minded, and if Ms. Graham's client could bring something to them for consideration, that it would be properly considered. Mr. Weatherspoon stated they need to make sure that the engi- neer gets the best competitive bid. The City Attorney advised that sta£f will also bt intimately involved in this. At this point the roll was called to the motion. 7. Waiver of Ordinances and Approval - Sunrise Kiwanis Beach Festival July 30, 1988. The Commission is to consider a waiver of Code Section 101.25(B) (sale of goods or services on the beach) and 101.32 (assembly of more than 25 persons) and approval of the Sunrise Kiwanis Beach Festival on July 30, 1988. Prior to consideration of passage of this waiver, a public hearing has been scheduled to be held at this time. -3- 7/12/88 106 The City Manager stated the only change to the agenda report is that the Sunrise Kiwanis have also requested a rain date of July 31, 1988, and three more volleyball courts. He stated they can put in three temporary courts in addition to the four which will be in place at that 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. Ms. Horenburger moved to approve the waiver, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 60-88. Continuation of the Public Hearing and First Reading of Ordinance No. 60-88, amending the Zoning Code to provide for a time period for validity of site plan and conditional use approvals, is before the Commission for consideration. The Public hearing and passage of the ordinance on First Reading was continued-at the June 28th meeting. Prior to consideration' of passage oD this ordinance on First Reading, a public hearing has been scheduled to be held at this time. ~ The City Manager presented Ordinance No. 60-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-21, "CONDITIONAL USES", SUBSECTION (E), "CONDITIONAL USE APPROVAL - TIME LIMITATION", BY REPEALING SUBPARAGRAPH (1) IN ITS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH (1) RELATIVE TO THE ESTABLISHMENT OF AN AUTOMATIC TIME LIMITATION ON THE APPROVAL OF A CON- DITIONAL USE, AND PROVIDING FOR THE CRITERIA UNDER WHICH A CONDITIONAL USE SHALL BE DEEMED ESTABLISHED; BY FURTHER AMENDING SUBSECTION (E), "CONDITIONAL USE APPROVAL - TIME LIMITATION", BY ~4ENDING SUBPARAGRAPH (2) (c) (2) BY ADDING A PROVISION THAT AS A PART OF THE REVIEW AND APPROVAL PROCESS, A CONDITIONAL USE REQUEST SHALL BE ASSESSED WITH - R~GARD TO THE THEN CURRENT DEVELOPMENT REGULATIONS OF THE CITY AND SHALL COMPLY WITH SUCH CURRENT REQUIREMENTS; BY FURTHER AMENDING SUBSECTION (E), "CONDITIONAL USE APPROV- AL - TIME LIMITATION", BY ENACTING A NEW SUBPARAGRAPH (3) TO PROVIDE FOR AN EXPIRATION DATE ON CONDITIONAL USES HAVING BEEN APPROVED WITHOUT A TIME LIMITATION, UNLESS A REQUEST FOR EXTENSION IS. PROPERLY SUBMITTED TO THE PLANNING DIRECTOR; BY AMENDING SECTION 30-'22, "SITE AND DEVELOPMENT PLAN APPROVAL",. SUBSECTION (E), "SITE AND DEVELOPMENT PLAN APPROVAL - TIME LIMITATION", BY REPEAL- ING SUBPARAGRAPH (1) IN INS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH (1) RELATIVE TO THE ESTABLISHMENT OF AN AUTOMATIC TIME LIMITATION ON THE APPROVAL OF A SITE AND DEVELOPMENT PLAN, AND PROVIDING FOR THE CRITERIA UNDER WHICH A SITE AND DEVELOPMENT PLAN SHALL BE DEEMED. ESTAB- LISHED; BY FURTHER AMENDING SUBSECTION (E), "SITE AND DEVELOPMENT PLAN APPROVAL - TIME LIMITATION", BY AMENDING SUBPARAGRAPH (2) (c) (2) BY ADDING A PROVISION- THAT AS A PART OF THE REVIEW AND APPROVAL PROCESS, A SITE AND DEVELOPMENT PLAN REQUEST SHALL BE ASSESSED WITH REGARD TO THE THEN CURRENT DEVELOPMENT REGULATIONS OF THE CITY AND SHALL COMPLY WITH SUCH CURRENT REQUIRF~ENTS; BY FURTHER AMENDING SUBSECTION (E), "SITE AND DEVELOPMENT PLAN APPROVAL - TIME LIMITATION", BY ENACTING A NEW SUB- PARAGRAPH (3) TO PROVIDE FOR AN EXPIRATION DATE ON SITE AND DEVELOPMENT PLANS HAVING BEEN APPROVED WITHOUT A TIME LIMITATION, UNLESS A REQUEST FOR EXTENSION IS PROPERLY SUBMITTED TO THE PLANNING DIRECTOR; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -4- 7/12/88 107 The City Attorney read the cap%ion of the ordinance. A public hearing was continued 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. 60-88 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 - No; Mayor Campbell' - Yes. Said motion passed with a 4 to 1 vote. (Note: At the June 28th meeting a motion was made to continue the Public Hearing of Ordinance No. 60-88 to the July 12th meeting. In the preparation of the agenda for the meeting, the agenda showed Continued Public Hearing and Second Reading. The agenda report indicated First Reading and Continued Public Hearing. After listening to the tapes of June 28th and July 12th for clarification, it was determined that the City Manager's report was correct and that the item was before ~he Commission for passage on First Reading. The Second Reading will be held on August 9, 1988). Before roll call the following discussion was had: Mr. Weatherspoon questioned if this refers to all site.~plans and conditional uses as there are some site plans which do not need to have these type of improvements. Mr. Kovacs stated this applies to all site plans, pursuant to the Site Plan and Development Approval process; a General Commercial or Specialized Commercial project of 5,000 square feet or less is not subject to that process. It also applies to conditional use approvals. The only situation where it may create a gray area is if they have a project which is greater than 5,000 square feet and there are no public improvements; however, they would look towards the occupancy permit being issued within 18 months. Mr. Weatherspoon stated he is not sure 75% is a workable formula and questioned whether it is a realistic percentage. The City Manager stated he feels it is and the intent is to protect the public so that they have a reasonable expectation that the site plan, as approved, will be built. Mr. Kovacs stated they have gone from 25% of all improvements to ~5% of public_improvements; this means that the developer will still have made substantial progress on his project to get the 75%. At this point the roll was called to the motion. Ms. McCarty left the Commission Chambers at this time. 9. Ordinance No. 61-88. Ordinance No. 61-88, annexing property on North Federal Highway (Borton Volvo, Inc.) with initial zoning of SC, 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 July 26th. 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, P~CE 43 EAST, P~M BEACH COUNTY, FLORIDA, TO~ GETHER WITH LOTS 41, 42, 43, AND 43-A, DELRAY BEACH ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 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; PROVIDING FOR THE ZONING -5- 7/12/88 108 THEREOF TO SC (SPECIALIZED COMMERCIAL) DISTRICT; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Th~ 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. 61-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 74-88. Ordinance No. 74-88, rezoning land presently zoned PCC and R-lA to SC for the proposed Wallace Automobile Dealership along Germantown Road, 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 July 26tk. ~ Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the chair. 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. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the law% of the State of Florida and the Charter of the City of Delray Beach, Flor£da. T_he public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 74-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms.' Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Ms. McCarty returned to the Commission Chambers at this time. 11. Ordinance No. 75-88. Ordinance No. 75-88, rezoning 25 acres of property bounded by the north boundary of Carver Estates; on the east by S.W. 10th Avenue; on the west by S.W. 14th Avenue; on the north by S.W. 4th Street; less the Haitian Church and Carver athletic field, from R-lA to RM to accommodate the proposed Auburn Trace Housing Development, 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. It is recommended that the Commission continue the Public Hearing to July 26th. The City Manager presented Ordinance No. 75-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN 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 -6- 7/12/88 109 BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Th~ 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. Ms. Horenburger moved to continue the Public Hearing on Ordi- nance No. 75-88 to July 26th at 7:00 P.M., seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 12. Ordinance No. 76-88. Ordinance No. 76-88, amending the Land Use Plan for property located at S.W. 10th Street and Federal Highway (Gulfstream Motor Lodge), changing zoning from MF-10 to C, 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 July 26th. The City Manager presented Ordinance No. 74-88: 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. 5TH AVENUE AND S.E.' 10TH STREET; AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. 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. 76-88 on ~irst Re~ding,_seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarty left the Commission Chambers at this time. 13. 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.W. 10th Street and Federal Highway, is before the Commis- sion 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 July 26th. 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 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, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the -7- 7/12/88 110 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. 77-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Ms. McCarty returned to the Commission Chambers and Ms. Horenburger left the Commission Chambers at this time. 14. 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), changing the zoning from MF-6 to O, 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 July 26th. 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 O (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. 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 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. Before roll call, Mr. Kovacs stated that Ms. McCarty had raised a concern about the Planning and Zoning Board's stipulations for a cyclone fence as part of the northern boundary. They requested that the applicants meet with the City Horticulturist and a letter has been submitted to the Mayor, which is an alternative proposal for the land- scaping boundary treatments. They find this very acceptable and does not affect the Commission's action on the Ordinance. At this point the roll was called to the motion. 15. Ordinance No. 79-88. Ordinance No. 79-88, rezoning land ~resently 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 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 July 26th. 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, -8- 7/12/88 111 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was-held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 79-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Ms. Horenburger returned to the Commission Chambers at this time. SECOND READINGS 16. Ordinance No. 99-87. Ordinance No. 99-87, amending the text of the Land Use Element of the Comprehensive Plan by creating a large scale mixed use development designation, is before the Commission for consid- eration on Second and FINAL Reading. The City Manager presented Ordinance No. 99-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE TEXT OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CREATING A LARGE SCALE MIXED USE DEVELOPMENT DESIGNATION, WHICH LAND USE CATEGORY WILL BE SHOWN ON THE LAND USE PLAN MAP IN AN OVERLAY MANNER AND WILL BE INTENDED TO IDENTIFY THE APPROXIMATE LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Manager stated the recommendation is for denial of this ordinance. It is a mixed use development which was proposed for land south and east of the Swap Shop. A plan was presented, however, they believe it is not going to go forward. He understands there may be representatives for the owner here tonight and they may wish to make a comment. Jim Nowl~n, one of the principals of the project,, stated they appeared before the Commission last December and, at that time, the ordinance was referred back to Planning and Zoning for further study. They met with Mr. Kovacs and he suggested that they get their act together before they came back. It was only last month they were able to get their financing arranged so they are ready to go ahead and present their plan to the City. The City Manager advised that with this information, he is prepared to change the recommendation to continue this item. Upon question by Ms. Horenburger, Mr. Kovacs stated that rather than spending the time to get this into the Comprehensive Plan if there was no project, they continued this for 7 months so that if the project was alive they would not have wasted the previous processing. They are now hearing there is life left in the project and suggested that it again be continued for not more than 90 days. Ms. Brainerd moved to c~n-Linue ordinanc~ Nu. 9~-87 for a maximum of 90 days, seconded by Ms. Horenburger. 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. Mayor Campbell returned to the Commission Chambers and Ms. Horenburger left the Commission Chambers at this time. 17. Ordinance No. 100-87. Ordinance No. 100-87, changing the City's Land Use Plan Designation in the Comprehensive Plan for land -9- 7/12/88 112 generally in the vicinity of the Delray Drive-In, is before the Commis- sion for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 100-87: AN ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LAND IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, GENERALLY IN THE VICINITY OF THE DELRAY DRIVE-IN AND SPECIFICALLY INCLUDING A PARCEL LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, BETWEEN ALLEN AVENUE AND THE DELRAY DRIVE-IN THEATRE FROM C, COMMERCIAL, IN PART, MF-10, MULTIPLE FAMILY - 10 UNITS/ACRE, IN PART, AND SF, SINGLE FAMILY, IN PART, TO ACCOMMODATE THE OVERLAY DESIGNATION OF LARGE SCALE MIXED USE DEVELOPMENT. Mr. Weatherspoon moved to postpone Ordinance No. 100-87 for a maximum of 90 days, 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. ~ 18. Ordinance .No. 53-88. Ordinance No. 53-88, annexing property at the northwest corner of Federal Highway and the C-15 Canal, (A&R Larson, Inc.), is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 53-88: 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 32, 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 NORTHWEST CORNER OF FEDERAL HIGHWAY AND THE C-15 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 GC (GENERAL COMMERCIAL) DIS- TRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 53-88 is on file in the official Ordi- nance Book) The City Attorney read the caption of the Ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 53-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 19. Ordinance No. 54-88. Ordinance No. 54-88, annexing Enclave 55, located on the west side of U.S. Highway No. 1 between the C-15 Canal and Lindell Boulevard, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 54-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THAT PART OF THE SOUTH 100 FEET OF THE NORTH 400 FEET OF LOT 8 LYING WEST OF U.S. HIGHWAY NO. 1 AND EAST OF THE PLAT OF DEL-RATON PARK AS IN OFFICIAL RECORD BOOK 868, PAGE 803, 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, BETWEEN THE C-15 CANAL AND LINDELL BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING -10- 7/12/88 113 FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DIS- TRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (C6py of Ordinance No. 54-88 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 54-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. Horenburger returned to the Commission Chambers at this time. 20. Ordinance No. 55-88. Ordinance No. 55-88, annexing property at the southeast corner of Linton Boulevard and S.W. 4th Avenue, between S.W. 4th Avenue and the F.E.C. Railroad (Dan Burns), is before.the Commission for consideration on Second and FINAL Reading. ~ The City Manager presented Ordinance No. 55-88: ~ 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 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 AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND S.W. 4TH AVENUE, BETWEEN S.W. 4TH AVENUE AND THE F.E.C. RAILROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 55-88 is on file in the official Ordi- nance Book) Th~ City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 55-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd -Yes; Ms. Horenburger - Yes; Ms.' McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Ms. McCarty stated that at the June 28th meeting she asked about the billboards on this property and got the information that they have to come down by July 10, 1991. The City Manager stated he understood that upon annexation the billboards will come down and the property will be developed. Kieran Kilday, agent for Dan Burns, advised that Mr. Burns has agreed to take down the billboards as part of his development plan. At this point the roll was called to the motion. 21. Ordinance No. 57-88. Ordinance No. 57-88, adopting the CRA Plan and Land Use Map, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 57-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE COMMUNITY REDEVELOPMENT PLAN -11- 7/12/88 AS AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR THE COMMUNITY REDEVELOPMENT PLAN LAND USE MAP TO SUPERSEDE THE LAND USE MA~, DELRAY BEACH, FLORIDA, AS CURRENTLY CONTAINED WITHIN THE COMPREHENSIVE PLAN, FOR THE AREA ENCOMPASSED BY THE COMMUNITY REDEVELOPMENT PLAN, WITH CERTAIN EXCEPTIONS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 57-88 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 57-8 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission v©ted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Ordinance No. 58-88. Ordinance No. 58-88, amending the _Land Use Map for 4.7 acres from SF to RM (Auburn Trace), is befor9 the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 58-88: ~. AN ORDINANCE OF THE CITY COUNCIL 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, LOCATED ON THE WEST SIDE OF S.W. 10TH AVENUE, BETWEEN S.W. 6TH STREET AND S.W. 7TH STREET, IF THESE ROADS ARE EXTENDED WESTWARD, FROM SF (SINGLE FAMILY) TO RM (RESI- DENTIAL MEDIUM TO MEDIUM HIGH); AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 58-88 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 58-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Ordinance No. 59-88. Ordinance No. 59-88, amending the Zoning Code relative to definition of frontage, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 59-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1, "DEFINITIONS", BY AMENDING SUBSECTION 40, "FRONTAGE", TO ELIMINATE THE POSSIBILITY THAT A PROPERT~ LINE ADJACENT TO A PUBLIC STREET WHICH HAS A LIMITED ACCESS EASEMENT RUNNING ACROSS IT, WOULD BE CONSIDERED FRONTAGE LINE OF THE LOT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 59-88 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. -12- 7/12/88 115 Ms. Horenburger moved for the adoption of Ordinance No. 59-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. Mc~arty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0. vote. REGULAR AGENDA Ms. Horenburger moved to amend the agenda to move Item 31 to the front of the Regular Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31. Resolution No. 37-88. Resolution No. 37-88, supporting the eleventh annual Roots Cultural Festival on July 24th through August 14th, is before the Commission for consideration. The City Manager presented Resolution No. 37-88: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE ELEVENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 37-88 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. Mr. Weatherspoon moved for the adoption of Resolution No. 37-88, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. 'Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated that he had spoken with the City Engineer with regard to the possibility of getting N.W. 13th Avenue paved. This road leads up to the concession stand and he would like to see it res~rfaced. The City Manager stated he will get with Mr. Weatherspoon on this item. At this point the roll was called to the motion. 24. PCC Zonin~ District. The Commission is to consider amending the PCC zoning district regulations. The City Manager stated that the PCC zoning district has existed in the City for a number of years. The first project to use the zoning was Congress Park South with a site plan approved in 1982. The present Ianguage in the zoning code was included in 1985 modifications following which the Delray Park of Commerce began development. A number of requests for revision of the ordinance have been directed to staff and the P&Z Board. Subsequent to discussion of the proposed changes and following comments of the P&Z Board, it was learned that the original development, under PCC zoning, will not comply with the existing code nor the proposed amendments. It was suggested that Congress Park South be rezoned to SAD and reflect the 1982 development standards under which their plan was originally approved. Therefore, an SAD zoning' change application will follow. It is recommended that the P&Z Board's recom- mendations to amend the PCC zoning district be accepted and that staff be directed to prepare an enacting ordinance for First Reading and Public Hearing on July 26th. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the chair. Ms. Horenburger moved to amend the PCC zoning district regula- tions and direct staff-to prepare an enacting ordinance, seconded by Ms. -13- 7/12/88 116 Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 25. Deiray Park of Commerce PCC. The Commission is to consider amending the Master Plan for the Delray Park of Commerce PCC. The City Manager stated this change will be to a 3.034 acre tract from Retail to Office in order to accommodate a regional office for FP&L. Staff is recommending approval of the amendment. Ms. Horenburger moved to approve amending the Master Plan for the Delray Park of Commerce PCC, 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. Before roll call the following discussion was had: Jim Johnson, representing the developer, stated that the purpose of this change is to prepare a site for the FP&L new office. FP&L would like something specific in the record that they will have a drive-through window at that facility and they would like the Commission to be aware of this. Upon question, Mr. Kovacs stated he does not believe there will be a problem with having a drive-through in this zoning category. At this point the roll was called to the motion. 26. Off-Street Parking in CBD. The Commission is to consider a Zoning Code amendment regarding off-street parking requirements in the CBD. The City Manager stated this item comes as a recommendation following discussion at several levels, including the Visions 2000 .meeting and staff discussions. Frank Spence, Interim Development Director, stated Mr. Kovacs memo in the agenda package clearly outlines the history and failure of the current policy dealing with off-street parking requirements in the CBD._ The Visions 2000 assembly made its position clear on this matter also. The Yestrictive in-lieu of fee of $2,500 per parking space has never been utilized since its inception, except by the City's Library project. Small businesses cannot afford to pay such a sum and it has proven to be a hindrance to development and inequitable in the area of redevelopment in attracting new businesses to the CBD. As part of his study, he contacted the cities of St. Augustine, Orlando, Tallahassee, Gainesville, West Palm Beach and Miami Beach. None required off-street parking in the CBD or HBD if square footage was not increased. Half were totally exempt, even if they were and the use could be changed. Only Orlando and Miami Beach permitted in-lieu of payments; Orlando's were triggered only after an additional 10,000 square feet of expansion was exempt and Miami Beach levied a modest $250 per year for two spaces. Tallahassee even exempts all new office buildings, and it was their Downtown Improvement Authority which built their 700-space parking garage. Mr. Spence stated that he feels the Commission needs to address the need for a Master Parking Plan and one should be developed by the City. The location and provision of off-street parking has been random and piece-meal in the past. The long-range needs of the City must be addressed now. Such factors as location, number of spaces, land acqui- sition costs (when needed) and development costs all need to be identi- fied. The firm of Sasaki Associates, Inc., has taken a giant, pre- liminary, step in this direction as part of their Atlantic Avenue Redevelopment Project. However, more needs to be done, concentrating on the whole CBD, then the CRA area and finally the whole City. Mr. Spence stated there is a need for a unified parking system, with one entity or organization responsible for providing the parking needs of the whole City. Who will administer the parking system - the -14- 7/12/88 117 City, CRA or an autonomous parking authority? An autonomous parking authority is clearly the third choice and he does not recommend another autonomous agency which would further fragment the control of the public service or function. This leaves the City, which now provides on-street and off-street parking city-wide, and the CRA, which has a limited geographic designation and is currently undertaking the building of a parking garage downtown in the CBD, next to the Atlantic Plaza. Further studies and hearings will be required before a determination can be made. With regard to the finanCing, he stated concomitant with a unified parking system is the need to consolidate parking revenues in order to best utilize limited resources. Revenues from parking meters currently generate approximately $210,000 per year. They are not committed and go into the general fund to help balance the budget. Most cities use parking revenues to fund Parking Revenue Bond Issues which are needed to pay for expense of off-street parking structures and to acquire the land to provide additional off-street parking. Mayor Campbell returned to the Commission Chambers at this time. Mr. Spence stated that a unified parking system, under one entity, is needed for the best utilization of limited parking revenues to provide for the maximum number of off-street parking spaces and to provide for the most efficient administration of this program. Also, in order to facilitate redevelopment and attract businesses to the CBD, off-street parking requirements and the oppressive restrictive "in lieu of" fee of $2,500 per parking space should be eliminated. He recommends that this matter be referred to the Planning and Zoning Board to con- sider amending the Zoning Code to accomplish the above and to conduct the necessary public hearings on this matter. Ms. Brainerd moved to recommend initiation of an amendment to the Zoning Code providing that off-street parking shall not be required in the CBD Zoning District and that the Planning and Zoning Board conduct a public hearing as to the merits of this proposal, seconded by Mr. Weatherspoon. Ms. Horenburger stated she feels this is a little broad a statement for them to make now before the P&Z Board considers this. She feel~ it is kind of a mandate and would rather state that they like the concept and-are sending it to them for consideration. Ms. Brainerd moved to amend her motion to have .the P&Z Board review the off-street parking issue with consideration to Mr. Spence's memorandum, Mr. Weatherspoon amended his 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. 27. Commission Action Re 2010 Transportation System Plan. The Commission is to consider the Metropolitan Planning Organization's (MPO) proposal for adoption of a 2010 Transportation System Plan. Mayor Campbell stated this is the MPO's proposal for adoption of the County's Five-Year Road System. They are going to ask that Ms. McCarty take their recommendations to the Board. He understands there are several proposals which conflict with the current proposal and these conflicts are the specif%cs of which they are going to request City action on. The City Manager stated they recently received the MPO's proposal for adoption of a 2010 Transportation System Plan and several items on the plan are not consistent with the Commission's future view of a road network. The City Manager stated Swinton Avenue is shown as a four-lane arterial from Lake Ida Road south to 10th Street. He is recommending that they support the widening from Lake Ida Road to Atlantic Avenue. -15- 7/12/88 118 Upon question by Mr. Weatherspoon as to the rational for not going all the way to 10th Street, the City Manager stated it is based on the character of the neighborhood between Atlantic Avenue and 10th Street and _the desire of Preservation Groups to not encourage any additional traffic. Mr. Weatherspoon stated he feels, with the Court- house being located on Atlantic Avenue, that they need to take into consideration that it could also be a viable alternative to come up Swinton Avenue to get there. Upon question by Ms. McCarty, the City Manager stated he feels that the area of Swinton Avenue from Lake Ida to Atlantic Avenue would not be adversely disrupted by the widening of the road. The first couple of blocks are already widened. It was the consensus of the Commission to favor improving, i.e., widening in any form, Swinton Avenue from 1st Street to 4th Street. The City Manager advised the next item is the four-laning of Swinton Avenue from Atlantic Avenue to Lowson Boulevard. Gerald Church, City Engineer, stated that this plan basically establishes a long term plan which is needed for Federal funding of the highway projects. This is a projection for future road needs for the year 2010. The Commission will have the opportunity of coming back and addressing specific projects in the 5 Year County program as this comes up annually for review. It was the consensus of the Commission that they would like to see improvements to Swinton Avenue from 1st Street South to 10th Street. The City Manager stated the next item is Atlantic Avenue as a six-lane arterial from 5th Avenue (Federal Highway South) west to the Turnpike. This needs to be modified to accommodate their downtown plan. They should also ask the MPO to recognize the one-way Pair system north and south between Swinton and 6th Avenue (Federal Highway North). Atlantic Avenue west of Swinton is also designated as a future six-lane arterial. It was the consensus of the Commission that they do not want to see Atlantic Avenue as a six-lane arterial. Th~ CityrManager stated Seacrest Avenue from Lake Ida Road/4th Street north to the City limits is recommended as a future four-lane arterial. He feels it would be very difficult to acquire property that is right-of-way for the four-lanes. It was the consensus that it is not necessary to four-lane Seacrest Avenue. The City Manager stated the next proposal is to six-lane Congress Avenue through the City. Presently construction is underway north of Atlantic Avenue. A question has been raised as to the merits of extending the six lanes south of Atlantic Avenue to Linton Boulevard, rather than four lanes which had been originally planned. Upon question, the City Manager stated that the County's position is that since they are six-laning the area north of Atlantic Avenue and the contracts are coming in in a relatively cost-effective way, it would be less expensive to build the six lane capacity roadway now than come back when the traffic demands it. Upon question by Ms. Horenburger, Mr. Church stated a divided four-lane road between Linton and Atlantic could carry 30,000 vehicles per day and would be a level of service C. Presently Congress Avenue has two lanes and does have congestion. The County will go out for bids on this project possibly by the end of this year and, if they do the same as they did for the portion which is under construction now, they will receive bids for six-laning and four-laning. Typically, the difference in costs has been 10% to 15% and the six lanes provide 50% more capacity. As they look to the year 2010, clearly Congress Avenue should be six lanes. -16- 7/12/88 119 Ms. Horenburger stated she has some problems with approving this to be done any time soon; however, eventually they will have to face the reality that it is going to have to be done. It was the consensus of the majority of the Commission to have Congress Avenue six-laned. The City Manager stated that Lake Ida Road/4th Street is designated as a future four-lane arterial from 5th Avenue (Federal Highway South) west to Military Trail and then continued to Hagen Ranch Road. There are several elements involved, the first being from the Federal Highway pairs west to Swinton Avenue. Mayor Campbell stated this is probably the most controversial item before the Commission this evening. He has heard requests from certain people considering the historical nature of that street and also from others who feel it should be an appropriate continuation and should be four-laned. Ms. Horenburger stated that on the south side of the road there is not much which is historical. It was the consensus of the Commission to four-lane Lake_ Ida Road from 5th Avenue to Swinton Avenue. The City Manager stated the next stretch is Lake Ida Road. from Swinton to Congress Avenue, Congress Avenue to Military Trail and'then Military Trial to Hagen Ranch Road. It was the consensus of the Commission to four-lane Lake Ida Road from Swinton Avenue to Congress Avenue. It was the consensus of the majority of the Commission to four-lane Lake Ida Road from Congress Avenue to Military Trail. It was the consensus of the Commission not to four-lane Lake Ida Road from Military Trail to Hagen Ranch Road. Mayor Campbell stated that he feels they need to send a strong message to the County Commission that they do not like to see roads expanded, as it increases growth and development. Ms. Horenburger moved to adopt the consensus as generated, secQnded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. B~ainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 28. Purchase of Land - Auburn Trace. The Commission is to consider approval of a contract between the City and Delray Beach Housing Author- ity to purchase land for $275,000. Ms. Horenburger moved to approve a contract between the City and Delray Beach Housing Authority to purchase land for $275,000, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 29. Definition of Legal Household/Family. The Commission is to consider approval of language in Ordinance No. 81-87, advertisement of Public Hearing and Second Reading on July 26th. Mayor Campbell stated this was briefly discussed at a workshop about a month ago. They were furnished a memorandum from the City Manager and tonight, if there is a consensus on which one of the propos- als and/or consideration of alternative proposals, they should direct staff to proceed accordingly. The City Manager stated that staff's position is based on the memorandum which was developed following a survey of communities and discussion with staff. The recommendation is that they adopt language in the ordinance similar to language which is presently used by the cities of West Palm Beach, Lake Worth and Miami Beach. They define -17- 7/12/88 120 family and limit the occupancy to a family, or a household which does not exceed three or two persons, whichever the Commission deems to be most appropriate. This differs from the ordinance they have been considering_in that Ordinance No. 81-87 allows for a number of other unrelated persons in addition to a family. Mayor Campbell stated he would like to see staff revise the appropriate ordinance and put it on for first reading. He does not feel it is so complex that they need to further workshop this. He stated that at times they may have some legitimate hardship situations and he would like to see them provide a variance procedure to come before the Commission. Assistant City Attorney Kurtz questioned what the form of the variance would be. They are talking about a proposed family ordinance which would eliminate the possibility of having boarders and non-related people living with someone. The City Manager stated that what they could do administrative- ly with this ordinance is that if they were unable to receive affirma- tive demonstration from those who were interviewed that they .were related to the satisfaction of the inspector, then a violation notice would be issued; then the persons who were alleged to have violated the code would have the.burden of demonstrating that they were related.~ Ms. Horenburger stated they need to look at the Building Code with regard to adults, children and capacity of a given dwelling; it needs to roll over whether it is family or not. The City Manager stated they will, inevitably, be addressing this topic next Tuesday. The definition of family and the way in which they treat family members is going to surface. The intent tonight was to get something which they could discuss in the context of code en- forcement next Tuesday. They are proposing a fairly simplistic defini- tion - one that has been proven to be sustainable and, apparently, workable in neighboring cities. He understands there has been consider- able concern about over-crowdedness and their inability to prevent this in some neighborhoods. At the same time, their concern is not with the extended family, or large families. He would propose that the Commis- sion authorize staff to draft an ordinance which incorporates the language "not exceed three persons in number", and advertise it for fir%t reading. The Commission concurred that they would want two persons, not three. Upon question by Ms. McCarty, Assistant City Attorney Kurtz stated that Ordinance No. 81-87 allowed a family (mother, father and two children) to have two additional people who are totally unrelated live with them. The concept which exists in Lake Worth, West Palm Beach and Miami Beach is that the family would not be allowed to have anyone unrelated live with them and constitute a single family. Mayor Campbell stated they have a requirement in the Code which states that you cannot have more than three unrelated people living in a home. Then the question which arises is what are related people; related people are family so the ordinance should define family. They already allow three unrelated adults. He suggested that in the mere definition of family they delete the sentence which states "may include not more than two other persons" and go ahead and adopt Ordinance No. 81-87, putting in a proviso which allows the Commission to consider special considerations of hardship upon application. The City Manager clarified that Mayor Campbell is suggesting that under Section 2 of the ordinance (33) Family should read "One or more persons related lineally by blood, marriage or adoption and living as a single housekeeping unit in a dwelling, shall constitute a family. The following persons shall be considered related for the purpose of this title:". They should also add a provision that the Commission can consider legitimate hardship considerations. Following discussion, it was the consensus of the Commission to adopt the Lake Worth concept which states that they do not allow three unrelated adults living in a single family unit, and prepare the -18- 7/12/88 121 appropriate ordinance. In defining relation, related adults shall constitute a family; a family is one or more persons related lineally. Maygr Campbell stated that they already have an ordinance which states that one human being cannot occupy more than 150 square feet. Therefore, no matter what Ordinance No. 81-87 states, if you have a dwelling which has more people in it per 150 square feet, whether or not they are family, it would be illegal. He suggested that they increase that amount to a minimum of 225 square feet, which would bring them more in keeping with what their minimum housing standard is. Presently, they allow an efficiency unit of approximately 540 square feet and he feels no more than two people should live in such a unit. Therefore, divided by two, it is approximately 220 square feet. Ms. Horenburger stated that would not work if you had a two bedroomed dwelling as the minimum square footage is 850 square feet. Mayor Campbell suggested that they should perhaps make it 210 square feet, something which is going to conform. 30. Amendment to Resolution No. 36-88. The Commission is to consider an amendment to the Water and Sewer Revenue Refunding Bonds Series 1988. The City Manager stated that the Commission has been furnished copies of an amendment to the refunding resolution. Steve Sanford, representing Mudge Rose, stated that the resolu- tion the Commission has been furnished restates Resolution No. 36-88, in toto. At the time it was adopted it was contemplated that a complete refunding would be accomplished to achieve maximum savings for the City. On further reflection by both his tax department and the City's under- writers, they felt it may be more economical to do only a partial refunding. In order to do a partial refunding, some of the changes they made in the resolution adopted cannot be made as there would be prior bonds outstanding and they would be governed by the prior bond cove- nants. Upon question by Mayor Campbell, the City Attorney advised this is a new resolution and will be numbered Resolution No. 39-88. The caption of Resolution No. 39-88 is as follows: A ~ESOLUT~ON OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING, SUPPLEMENTING AND RESTATING RESOLUTION NO. 36-88 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $30,000,000 WATER AND SEWER REFUNDING REVENUE BONDS OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF REFUNDING ALL OR A PORTION OF THE CITY'S WATER AND SEWER REVENUE BONDS, SERIES 1984; AND PROVIDING FOR THE TERMS AND PAYMENT OF SAID WATER AND SEWER REFUNDING REVENUE BONDS, AND THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF THE WATER AND SEWER REFUNDING REVENUE BONDS, MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF THE WATER AND SEWER REFUNDING REVENUE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE." TO PROVIDE FOR EITHER A COMPLETE OR PARTIAL REFUNDING OF WATER AND SEWER REVENUE BONDS, SERIES 1984; AND PROVIDING FOR AN EFFEC- TIVE DATE. (Copy of Resolution No. 39-88 is on file in the official Resolution Book) Ms. Horenburger moved for the adoption of Resolution No. 39-88, seconded by Ms. Brainerd. Upon question by Ms. McCarty as to the difference in savings, Mr. Sanford stated he does not know what the bottom line numbers are. The City's underwriters ran some preliminary numbers and as a result of -19- 7/17/88 his tax department's review they found the savings they thought would be accomplished would be somewhat less. The City Manager stated this is a related topic as to whether or not they want to validate the-bonds. He is concerned that if they go through the normal bond validation hearing process they may lose an opportunity to really do the bond issue for the intended purpose. The bond resolution, as is stated, will draw $2.7 million to the City. If they are able to close the bonds before October 1st it will draw $1.7 million to the Water and Sewer Fund. On April 1, 1989, an additional $100,000 will accrue and on October 1, 1989, $900,000 will accrue. This is a more conventional approach but a very attractive package for the City. Alternatively, if they are not able to close the bonds before October 1st, the City would recognize no savings at all and in April, 1989, they would recognize $250,000 and it would not be until October 1, 1989 that they would draw an additional $1 million. The intent of doing the bond issue was to realize present value savings. Something the Commission may wish to consider is directing staff to close on the bonds as soon as possible and not conduct the bond validation hearing. The City Attorney stated, basically, it comes down to. being a tight schedule to make the October 1st closing on the bond issue. ~ Part of the money saved is because they do not have to make their October 1st payment on the outstanding bonds; therefore, there are some savings as they are reissuing that debt for 20 years. If they file for validation the day after tomorrow, there is a 20 day notice period and a 30 day appeal period. Assuming they ge~ a correct time, they probably are not looking at the 30 day appeal period running until September 22nd. There are approximately 10 days within which to close the transaction. Technically, it could be done; however, there is some concern that if they do not get a soon enough hearing date that they would not make the October 1st cut-off date. He would recommend that they do validate the bonds as it is better than an insurance. If the validation is done, and the appeal period runs, they are essentially assured that no one can attack the validity of the bonds for the entire 20 years they are outstanding. It is a policy question as to whether or not the Com- mission feels that that assurance is worth the risk that they will not make the October 1st deadline. Ms. Horenburger left the Commission Chambers at this time. The City Manager stated that the bond underwriter is quite willing to close ~and sell on the bonds without a validation hearing. However, his concern is that there is no use doing the bond issue if they do not hit the October 1st deadline and they are not going to hit it if they validate them. Mr. Weatherspoon made a substitute motion to adopt Resolution No. 39-88 with a recommendation to the administratiOn and staff that the bond resolution they are covering not need to be validated, 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. 32. Resolution No. 38-88. Resolution No. 38-88, abandoning streets and alleys rights-of-way on proposed County Courthouse property, is before the Commission for consideration. The caption of Resolution No. 38-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING PORTIONS OF S.W. 1ST STREET, S.W. 3RD AVENUE, LYING BETWEEN BLOCK 37, DELRAY BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 9, PAGE 66, OF THE PUBLIC RECORDS AND BLOCK 45, DELRAY BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 4, PAGE 54, OF THE PUBLIC RECORDS, TOGETHER WITH THE ALLEY RIGHTS-OF-WAY LYING WITHIN BLOCK 45, DELRAY BEACH,' FLORIDA, ACCORDING TO THE PLAT THEREOF ON -20- 7/12/88 123 FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 4, PAGE 54, OF THE PUBLIC RECORDS AND THE ALLEY RIGHT-OF-WAY LYING ADJACENT TO LOTS 1 THROUGH 4, INCLUSIVE, AND LOT 9. THROUGH 12, INCLUSIVE, WITHIN BLOCK 46, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 38-88 is on file in the official Resolution Book) Ms. Brainerd moved for the adoption of Resolution No. 38-88, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;. Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 33. Final Plat Approval - Proposed County Courthouse on Atlantic Avenue. The Commission is to consider approval of the final plat for the proposed County Courthouse on Atlantic Avenue. . Mr. Weatherspoon moved to approve the final plat for the County Courthouse on Atlantic Avenue, seconded by Ms. McCarty. Upon roll: call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty f' Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 35. Commission Action Re Appointment - Civil Service Board. The Commission is to consider the appointment of a member to the Civil Service Board to a term ending June 30, 1990. Mayor Campbell recommended that they postpone this item until next week to allow Mrs. Virginia Cady Schmidt an opportunity to speak with the Commissioners. Mr. Weatherspoon moved to postpone Item 35 to the Special Meeting of July 19th, 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. Ms. Horenburger returned to the Commission Chambers at this time. 36. Commission Action Re Appointment - Alternate Member to Com- munity Appearance Board. The Commission is to consider the appointment of an alternate member to the Community Appearance Board to 'a term ending March 8, 1989. Ms. McCarty moved to appoint Ann Pearson as an alternate member to the Community Appearance Board to a term ending March 8, 1989, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 37. Commission Action Re Appointments of Alternate Member(s) to the Code Enforcement Board. The Commission is to consider .the appointments of alternate member(s) to the Code Enforcement Board to term(s) ending January 13, 1991. Ms. McCarty stated that she would like to suggest that they move Perry DonFrancisco from an alternate member to a regular member. Ms. Horenburger moved to move Perry DonFrancisco from an alternate member to a regular member, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -21- 7/12/88 124 Ms. Horenburger moved to appoint Vincent Varasso as an alter- nate member to the Engineer position, 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. Mr. Weatherspoon moved to appoint David Bodker as an alternate member to the Architect position, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 40. Settlement Offer - Peters vs City of Delray Beach. The Commis- sion is to consider a settlement offer in the case of Walter Peters vs City of Delray Beach. The City Attorney's Office recommends approval. 41. Awards of Bids and Contracts. ~ A. Vending Machine Contract - All Brands Vending Company. Terminate contract with Boca/Del Snax Company.. ~ B. Restoration of A1A Beach Wall - Reject bids and rebid the project. C. Resodding Miller Park - Louis Sod and Landscaping Company - $26,560. D. Withdrawn. Ms. Horenburger moved to approve the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell left the Commission Chambers at this time and Vic~-Mayor Weatherspoon took the chair. REGULAR AGENDA (CONTINUED) 38. Designation of Sundy Feed Store as an Historic S'tructure. The Commission is to consider a recommendation of the Historic Preservation Board to designate the Sundy Feed Store as an historic structure. Vice-Mayor Weatherspoon questioned if the owner of the property has been contacted and if he is in favor of this. The City Manager advised the owner has been contacted and their plans are to use the property for parking. Ms. McCarty moved to authorize staff to prepare an ordinance to designate the Sundy Feed Store as an historic structure, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 39. Site Plan A~roval - F.D.K. Industrial. The Commission is to consider a request for site plan approval for F.D.K. on the west side of S.W. 12th Avenue, between S.W. 10th Street and S.W. 8th Street. Vice-Mayor Weatherspoon stated that if and when Auburn Trace is developed there is the possibility that they may look at this as being the ingress and egress to the property. Mr. Kovacs advised that S.W. 14th Avenue would be the access to the Auburn Trace property off of S.W. 10th Street. -22- 7/12/88 125 Mayor Campbell returned to the Commission Chambers at this time. Robert DeCamillo, architect for the project, stated that this will be a light industrial project and there will be no access onto 12th Avenue or 10th Avenue. Mr. Weatherspoon moved to approve the site plan for F.D.K. Industrial, 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. 41.E. Pay Plan/Classification Study - Waters, Trego, Davis, Inc. - $20,996. Mr. Weatherspoon stated his concern is with regard to the job description and classification and also it does not specify where the funding is coming from for this study. The Assistant City Manager stated the funding will come fr_om a line item in the Capital Outlay Fund which was set aside for a facili- ties study. When they did the PAS organizational study there was a recommendation that they needed to have an outside firm come in and study the whole pay plan classification system. They felt that; some positions may be too low in the pay plan and some may be too high. They recommended an outside firm to obtain objectivity. Mr. Weatherspoon moved to award a contract to Waters, Trego, Davis, Inc., in the amount of $20,996 to conduct a Pay Plan/Classification Study, 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. PROCEDURAL ITEMS 42.1. Sam Schwimer, Pines of Delray, stated there have been some rumors getting around that the Commission is considering another in- crease in the utility tax. He stated that if they add another increase to the tax at this time the Commission will hear the biggest uproar, sinqe there has not been a penny spent on beautification. 42.2. Dick Eckerle stated this week he attended a meeting at the Golf Course and during the middle of this meeting, during an cloudburst, he got drenched. He asked the manager if the .leaks had been fixed and was told that the contractor did them but then went bankrupt. He questioned when something is going to be done about the building. 42.3. Jean Beer stated she would like the Commission to follow up on the County Commission who is passing an ordinance to restrict the use of adult entertainment places. She hopes that the City Commission get a copy of that ordinance and consider enacting the same one for Delray Beach. 42.4. Mrs. Beer stated that when the Commission does their budget she would request that they look at things which are basic to the City such as crime, code enforcement and their streets, sewers and drains. 43. Ms. Horenburger moved for approval of the minutes of the Regular Meeting of June 14, 1988, Special Meeting of June 17, 1988 and the Recon~ened Special Meeting of June 21, 1988, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 44.a.1. Ms. McCarty questioned when the Beautification Project is going to begin for the rest of the City. The City Manager advised they are meeting tomorrow with Kettlehut and the appropriate people from our Engineering staff to turn -23- 7/12/88 126 the project from a design project to an engineering project. He is fully optimistic that they will be in the ground in October. Mayor Campbell stated he can see no reason why they cannot have trees at least on the curbed medians and have some shallow wells within a month. Ms. McCarty questioned if they could have the same philosophy when they do this bidding as they did with Atlantic Avenue that they set a completion date and have a penalty clause. The City Attorney advised they generally have penalty provi- sions, they do not have encouragement provisions; however, they could do so. 44.a.2. Ms. McCarty stated that it has come to her attention that the enforcement of the landlord/tenant act is with the Police Department and not Code Enforcement. The City Manager advised that the enforcement is with the Building Department; however, that is not the correct department, and this will be discussed next Tuesday. 44.a.3. Ms. McCarty stated she had asked for staff's and the~ City Attorney's feelings on seawalls. ~ The City Manager stated they have not had a chance to get together and get it done, however, he does not feel there will be such a big difference. The City Attorney advised he will send the Commission a memorandum and feels that they will find that the policy positions are the same; it is just a matter of the methodology. 44.a.4. Ms. Horenburger stated that some time ago they talked with DOT regarding the drainage on A1A; they were supposed to have some funds and do the drainage in the area where it floods every time it rains. She stated they need to check into what they are doing and when they are going to fix it. 44.a.5. Ms. Horenburger stated, regarding the Scrub, that they have finally come to some sort of consensus with the County and property owner. There will probably be a proposal to do a lease purchase with the ~ity doing $25,000 now and the County will do $25,000 in the fall. 44.a.6. Ms. Hore~burger stated that at the next Special Meeting she would like to discuss designating the bank which will be involved in handling the escrow and other payment funds for the bond refunding issue. 44.a.7. Mr. Weatherspoon stated the Commission received a memorandum in their package from Mr. O.D. Priest, Jr. Apparently he received some undue treatment with regard to a bill he had to pay the Water Department which was left by someone else. He believes there is some legislation whereby it is the person who created the bill who should pay it, not the owner. The City Manager stated he believes he has a copy of the letter and will be getting a response prepared for the Commission. 44.a.8. Mr. Weatherspoon questioned the status of their permanent voter registration sites. The City Manager advised that training was done today and a press release will be going out that voter registrations are available at various locations in the City. These locations include City Hall, Utility Billing, Pompey Community Center, the Civic Center and the Adult Recreation Center. 44.a.9. Mr. Weatherspoon questioned the status of the video for the Haitian residents in the City. -24- 7/12/88 127 The Assistant City Manager advised the production help was on vacation for the last two weeks. They are now back and are lining up the production schedule. 44.a.10. Mr~ Weatherspoon stated, with regard to the park at Carver Middle School, that it is not being maintained properly. They need to ask the County to mow it more frequently. 44.b.1. The City Attorney stated, with regard to the City of Orlando Pension case which the Commission authorized they become a friend of the court participant in, that the Appeals Court has upheld the con- stitutionality of the pension laws which were changed two years ago. He does not know if the City of Orlando will appeal this; however, when he knows he will come back to the Commission. The good news is that the only two issues that Delray addressed and argued at the First District were whether the Mayor could continue to be a member of the Pension Board or not and, -secondly, whether or not once you were in the plan if you could opt out. The First District reversed the trial court on only these two issues and they prevailed. 44.C.1. The City Manager stated there was an article in the newsDaper about a woman whose home was hit by an automobile. The City's staff have been working with her and will be relocating a house the City owns on the site where her property is presently located. The City will pay for the moving and they will sell the house to her for $1. 44.c.2. The City Manager stated 'the Courthouse project was not approved on the County's agenda and the contract was not awarded. The official reason was the concern by the County Commission about not having an opportunity to review the contractor's performance. 44.c.3. The City Manager stated that the forcemain which he referred to over the weekend turned out to be the City's line and will cost approxi- mately $12,000 to $13,000 for the repair. Therefore, they will not be billing Gulfstream. Mayor Campbell declared the meeting adjourned at 10:37 P.M. ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that 'the information provided herein is the minutes of the meeting of said City Commission of July 12, 1988, which minutes were formally approved and adopted by the City Commission on NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -25- 7/12/88