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05-24-88 MAY 24, 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 7:09 P.M., Tuesday, May 24, 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 Assistant City Attorney Jeffrey Kurtz 2. The opening prayer was delivered by Reverend Arthur A~vay, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United State~ of America was given. 4. Mayor Campbell read a proclamation proclaiming June 14, 1988, as "Flag Day" in the City of Delray Beach. 4.a. Mayor Campbell read a proclamation proclaiming the week begin- ning June 5, 1988, as "National Safe Boating Week". Three members of the Coast Guard Auxiliary, Flotilla 54, came forward to accept the proclamation. They presented a Certificate of Appreciation to the City of Delray Beach for recognition of valuable assistance in furthering the aims of National Safe Boating Week. 5. Kelly Brown, Principal, Carver Middle School, stated in April the Florida Association for Community Education chose Delray Beach as the winner of the Annual State Award for outstanding development and support by a City for Community Education. He and Lee Young, the Assistant Principgl for Community Education, presented a plaque and lapel pins to the City Manager, the Commission and Joe Weldon. 5.a. The City Manager, on behalf of the City's Sister City, Miyazu, presented a beautiful painting and a gift representing "Boy Month" in Japan. 6. The City Manager requested Item No. 33.a. be added at the end ~ the Regular Agenda and requested that no Commission action be taken tonight on Item No. 44. Mayor Campbell requested Item No. 58 be removed from the Consent Agenda and placed at the end of the Regular Agenda. Ms. Horenburger moved to approve the Agenda, removing Item No. 58 from the Consent Agenda and placing it at the end of the Regular Agenda, and adding Item No. 33.a. to the Regular Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd -. Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARINGS 7. Sunbelt Denntronics Cable Ltd. The Commission is to consider a '~quest for waiver of Chapter 10, Section 10-8 (c) of the Code of Ordinances, which requires that a cable franchisee shall maintain an office and service in the City, and approval of relocation of an office service center. A waiver was previously approved by the Commission stipulating that the property will voluntarily annex into the City when it becomes contiguous to City boundaries. Prior to consideration of passage of this request for 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. Ms. Horenburger moved for approval of waiver of the Code requirement, seconded by Mr. Weatherspoon. 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. 8. Ordinance No. 21-88 - Rezoning Land to Accommodate Expansion of 't'he Holiday Inn Property. Ordinance No. 21-88, rezoning land presently zoned RM-15 to LC in order to accommodate expansion of the Holiday Inn property and provide for additional beach side parking, 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. 21-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN LC (LIMITED COMMERCIAL) DISTRICT A-PARCEL OF LAND LYING AND BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY STREET, IF EXTENDED EASTWARD, BETWEEN STATE ROAD NO. A1A AND ANDREWS 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. 21-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Elizabeth Matthews, representing the Beach Property Owners Association, questioned at what stage a deed restriction will be placed on the LC zoned property. Mayor Campbell stated that will be done when the property is transferred to the City. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 21-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. 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. 9. Ordinance No. 22-88 - A Companion Ordinance to Ordinance No. 21-88. Ordinance No. 22-88, a companion ordinance to Ordinance No. 21-88, rezoning land presently zoned RM-15 to CF in order to accommodate expansion of the Holiday Inn property and provide for additional beach side parking, 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. 22-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN CF (COMMUNI- TY FACILITIES) DISTRICT A PARCEL OF LAND LYING AND BEING -2- 5/24/88 l? IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY STREET, IF EXTENDED EASTWARD, BETWEEN STATE ROAD NO. A1A AND ANDREWS 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. 22-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 22-88 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. 10. Ordinance No. 25-88 - Annexing Property and Establishinf~ an Initial City Zoning of RM. Ordinance No. 25-88, annexing property and establishing an initial City zoning of RM for a parcel located aU the southwest corner of A1A and Brooks Lane, 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. 25-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 40, 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 AT THE SOUTHWEST CORNER OF THE INTERSECTION OF BROOKS LANE AND STATE ROAD NO. 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 (MEDIUM TO MEDIUM HIGH DENSITY ~WELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE~ PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 25-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 25-88 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. 11. Ordinance No. 26-88 - Annexing the Balance of Enclave 40. Ordinance No. 26-88, annexing the balance of Enclave 40, containing .2 acres with a zoning of R-1AA and located on the north side of Brooks Lane, 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. 26-88: -3- 5/24/88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 59, 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 NORTH SIDE OF BROOKS LANE, BETWEEN STATE ROAD NO. A1A AND THE INTRACOASTAL WATERWAY; 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 R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of ordinance No. 26-88~ is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. William Murtha, stated he is-reiterating the objection r~ised at the P&Z meeting that this is not a voluntary annexation of the second half of that pocket. ~ The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 26-88 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. 12. Ordinance No. 27-88 - Annexing Property South of Germantown Road. Ordinance No. 27-88, annexing property south of Germantown Road, north of the L-37 Canal and west of the Andover Subdivision, containing 4.2 acres, with a zoning of R-1AAA, for which water and sewer service presently does not exist, 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. 27-88: 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 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 SOUTH OF GERMANTOWN ROAD, NORTH OF THE L-37 CANAL, WEST OF ANDOVER SUBDIVISION, AND EAST OF HOMEWOOD BOULEVARD, IF EXTENDED SOUTHWARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AAA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 27-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 27-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - -4- 5/24/88 Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 13. Ordinance No. 28-88 - Annexing the Aqua Crest Swimmin~ Pool at Atlantic High School. Ordinance No. 28-88, annexing the Aqua Crest Swimming Pool at Atlantic High School, containing 2.67 acres, with a zoning of CF and located on the east side of Seacrest Boulevard, south of Seacrest Lane, on the northwest corner of the Atlantic High School site, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 28-88: 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 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST SIDE OF SEACREST BOULEVARD, BETWEEN N.E. 22ND STREET AND GULFSTREAM~ BOULEVARD, AT THE NORTHWEST CORNER OF THE ATLANTIC HIGH SCHOOL SITE; 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 CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 28-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 28-88 on Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger ~ Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14. Ordinance No. 29-88 - Amending the City's Land Use Plan Desig- nation. (IandiMarino). Ordinance No. 29-88, amending the City's Land Use Plan designation from MF-10 (Multi Family - 10 units/acre) to C (Commercial), on a 1.105 acre parcel located on Lindell Boulevard between Federal Highway and Dixie Highway, 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. 29-88: 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 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, FROM MF-10 (MULT£PLE FAMILY - 10 UNITS/ACRE) TO C (COMMER- CIAL); SAID LAND IS LOCATED ON THE NORTH SIDE OF LINDELL BOULEVARD, BETWEEN FEDERAL HIGHWAY AND DIXIE HIGHWAY; AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 29-88 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance -5- 5/24/88 ! 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 left the Commission Chambers at this time. Mr. Weatherspoon moved for the adoption of Ordinance No. 29-88 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. 15. Ordinance No. 32-88 - Amending the Land Use Plan Designation for Property - (Parking Facility). Ordinance No. 32-88, amending the Land Use Plan Amendment for property located east of N.E. 1st Street between 7th Avenue and the Intracoastal Waterway from MF-10 (Multi Family - 10 Units/Acre) to C (Commercial), is before the Commission for consideration on First Reading and First Public Hearing. The Planning and Zoning Board recommend denial and dete{mine that the Land Use Map does not need to be changed in order to accOmmo- date the proposed use of a parking facility at 1st Street and 7th Avenue because the facility can be accommodated under the existing Land Us~ and Zoning designations. The City Manager presented Ordinance No. 32-88: 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 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHEAST CORNER OF N.E. 7TH AVENUE AND N.E. 1ST STREET, FROM MF-10 (MULTIPLE FAMILY - 10 UNITS/ACRE) TO C (COMMERCIAL); AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of %the State of Florida and the Charter of the City of Delray Beach, Florida. Sam McAliley, Attorney representing landowners Mr. and Mrs. Roy Foster, 825 N.E. 1st Street, stated their major concern relative to this change is the effect on property values. It is his understanding the Cartaret site, presently being used for parking, has not been looked into and he feels the Commission should table this item until it is determined if Cartaret would be amenable or the site feasible for a parking garage. This would then maintain a continuous commercial boundary and eliminate the intrusion and impact on a residential area. Three letters expressing objection to the parking facility were furnished the Commissioners prior to the meeting, two of which were read at this time. Dan Droney, stated he is a resident living directly across the street from the proposed facility and supports the parking facility and Jacobson's. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 32-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 5 to 0 vote. Ms. Horenburger left the Commission Chambers at this time. -6- 5/24/88 Mayor Campbell declared a recess the time being 7:55 P.M. The meeting reconvened at 7:59 P.M. REGULAR AGENDA 16. Ordinance No. 34-.88 - Annexing Enclave 2. Ordinance No. 34-88, annexing Enclave 2, with a proposed zoning of R-1AA and located within the Seacrest Subdivision is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 34-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 3 AND 4, SEACREST SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 3, 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 NORTH SIDE OF SEACREST LANE, APPROXIMATELY 230 FEET EAST OF SEACREST BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OFf.SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA ~SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 34-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 17. Ordinance No. 35-88 - Annexing Enclaves 5A and 5B. Ordinance No. 35-88, annexing Enclave 5A, with a proposed zoning of R-1AA and Enclave 5B, with a proposed zoning of NC, located on the northeast corner of Seacrest Boulevard and Pineridge Road, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held June .28th. The City ~anager presented Ordinance No. 35-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THREE PARCELS OF LAND LYING AND BEING IN SECTION 4, 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 AT THE NORTHEAST CORNER OF THE INTER- SECTION OF SEACREST BOULEVARD AND N.E. 22ND STREET, AND ON THE NORTH SIDE OF N.E. 22ND STREET, APPROXIMATELY 310 FEET EAST OF SEACREST BOULEVARD; REDEFINING THE BOUNDA- RIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DIS- TRICT, IN PART, RL (LOW TO MEDIUM DENSITY DWELLING) DISTRICT, IN PART, AND NC (NEIGHBORHOOD COMMERCIAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 35-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -7- 5/24/88 18. Ordinance No. 36-88 - Annexing Enclave 36. Ordinance No. 36-88, annexing Enclave 36, a .23 acre parcel with a proposed zoning of CF, containing a Southern Bell switching structure and located north of Linton Boulevard, approximately 100 feet east of Germantown Road, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. Ms. Horenburger returned to the Commission Chambers at this time. The City Manager presented Ordinance No. 36-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 47, LESS THE SOUTH 30 FEET ROAD RIGHT-OF-WAY, SAND O'SEA SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 27, 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 NORTH SIDE OF LINTON BOULEVARD, APPROXI- MATELY 100 FEET EAST OF GERMANTOWN ROAD, REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING ~ FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING~ ~ FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING % A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 36-88 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. 19. Ordinance No. 37-88 - Annexing Enclave 14. Ordinance No. 37-88, annexing Enclave 14, a .34 acre parcel, with a proposed zoning of R-1AA and located at the southeast corner of Denver Drive (N.W. llth Street) and N.W. 4th Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 37-88: AN ORDTNANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 3, BLOCK 4, AMENDED PLAT OF LAKE IDA GARDENS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 192, 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 SOUTHEAST CORNER OF DENVER DRIVE (N.W. llTH STREET) AND N.W. 5TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance 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. 20. Ordinance No. 38-88 - Annexing Enclave 16. Ordinance No. 38-88, annexing Enclave 16, a .33 acre parcel, with a proposed zoning of R-1AA and located south of Lake Shore Drive approximately 100 feet east -8- 5/24/88 of N.W. 8th Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 38-88: AN ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE EASTERLY 110 FEET OF THE WESTERLY 220 FEET OF THE NORTH- WEST QUARTER OF LOT 3, LYING SOUTH OF N.W. 9TH STREET, WITHIN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE SOUTH SIDE OF LAKE SHORE DRIVE (N.W. 9TH STREET), APPROXIMATELY 100 FEET EAST OF N.W. 8TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. ~8-88 on First Reading, seconded by Ms. Horenburger. Upon roll call% the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Ordinance no. 39-88 - Annexing Enclave 17. Ordinance No. 39-88, annexing Enclave 17, a .34 acre parcel, with a proposed zoning of R-1AA and located at the northeast corner of N.W. 7th Street, approxi- mately 100 feet west of N.W. 6th Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 39-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE WESTERLY 110 FEET OF THE NORTH HALF OF THE WESTERLY HALF OF THE SOUTHWEST QUARTER OF LOT 3, LYING WITHIN SECTION 8, TOWNSHIP- 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID ~AND IS LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF N.W. 8TH AVENUE AND N.W. 7TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 39-88 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. 22. Ordinance No. 40-88 - Annexing Enclave 18. Ordinance No. 40-88, annexing Enclave 18, a .64 acre parcel, located between Lake Shore Drive and N.W. 7th Street, approximately 100 feet west of N.W. 6th Avenue and with a proposed zoning of R-1AA, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 40-88: -9- 5/24/88 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 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN LAKE SHORE DRIVE (N.W. 9TH STREET) AND N.W. 7TH STREET, APPROXIMATELY 100 FEET WEST OF N.W. 6TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 40-88 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. 23. Ordinance' No. 41-88 - Annexing Enclave 19. Ordinancel No. 41-88, annexing Enclave 19, consisting of 12 parcels, totaling %3.08 acres, located east of N.W. 6th Avenue, west of N.W. 4th Avenue, south of N.W. 9th Street and north of Gardenia Terrace East, with a proposed zoning of R-1AA, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 41-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1, 2, 4, 7, 13, 14, 18, 19, 20, 23, 24, 25, LAKE IDA MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 138, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS GENERALLY LOCATED EAST OF N.W. 6TH AVENUE WEST OF N.W. 4TH AVENUE, SOUTH OF N.W. 9TH STREET, AND NORTH OF GARDENIA TERRACE EAST; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 41-88 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. 24. Ordinance No. 42-88 - Annexing Enclave 20. Ordinance No. 4'2-88, annexing Enclave 20, consisting of two parcels totaling 1.08 acres, located between N.W. 7th Street and Gardenia Terrace East, approximately 200 feet east of N.W. 8th Avenue and with a proposed zoning of R-1AA, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 42-88: 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 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN N.W. 7TH STREET AND GARDENIA TERRACE EAST, -10- 5/24/88 APPROXIMATELY 200 FEET EAST OF N.W. 8TH AVENUE; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 42-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 25. Ordinance No. 43-88 - Annexing Enclave 21. Ordinance No. 43-88, annexing Enclav~ 21, consisting of four parcels totaling 1.27 acres, with a proposed zoning of R-1AA and located between N.W. 7th Street and Gardenia Terrace East, west of N.W. 5th Avenue to approxi- mately 150 feet west of N.W. 6th Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be~held June 28th. The City Manager presented Ordinance No. 43-88: ~ 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 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TOGETHER WITH LOTS 26, 27 AND 28, LAKE IDA MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 138 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED WEST OF N.W. 5TH AVENUE TO APPROXIMATELY 150 FEET WEST OF N.W. 6TH AVENUE, BETWEEN N.W. 7TH STREET AND GARDENIA TERRACE EAST; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 43-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 26. Ordinance No. 44-88 - Annexing Enclave 25. Ordinance No. 44-88, annexing Enclave 25, a .34 acre parcel, with a proposed zoning of RM-10 and located west of N.E. 9th Avenue, approximately 360 feet north of N.E. 8th Street, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 44-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE NORTH 25 FEET OF LOT 16 AND ALL OF LOTS 17 AND 18, BLOCK 4, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF N.E. 9TH AVENUE, APPROXIMATELY 360 FEET NORTH OF N.E. 8TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-10 (MULTIPLE -11- 5/24/88 FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 44-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 27. Ordinance No. 45-88 - Annexing Enclave 26. Ordinance No. 45-88, annexing Enclave 26, containing two parcels totaling .67 acres, with a proposed zoning of RM-10 and located between N.E. 8th and 9th Avenues, approximately 130 feet north of N.E. 8th Street, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 45-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY it BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE ~ NORTH HALF OF LOT 13 AND ALL OF LOT 14, TOGETHER WITH % LOTS 3, 4 AND 5 (LESS THE WESTERLY 20 FEET THEREOF), BLOCK 4, SOPHIA FREY~ SUBDIVISION, ADDITION TO DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN N.E. 8TH AVENUE AND N.E. 9TH AVENUE, APPROXIMATELY 130 FEET NORTH OF N.E. 8TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 45-88 on First Reading,% seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 28. Ordinance No. 46-88 - Annexing Enclave 27. Ordinance No. 46-88, annexing Enclave 27, consisting of two parcels totaling .18 acres, with a proposed zoning of GC and located at the northwest corner of the intersection of N.E. 8th Street and N.E. 9th Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 46-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE EAST 64.25 FEET OF LOT 10 (LESS THE SOUTH 10 FEET THERE- OF) AND THE EAST 64.25 FEET OF LOT 11, TOGETHER WITH THE WEST 2 FEET OF THE EAST HALF OF LOT 10 (LESS THE SOUTH 10 FEET THEREOF) AND THE WEST 2 FEET OF THE EAST HALF OF LOT 11, BLOCK 4, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 37, 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 NORTH- WEST CORNER OF THE INTERSECTION OF N.E. 8TH STREET AND N.E. 9TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS .OF SAID LAND; PROVIDING FOR THE ZONING -12- 5/24/88 THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 46-88 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. 29. Ordinance No. 47-88 - Annexing Enclave 28. Ordinance No. 47-88, Annexing Enclave 28, consisting of three parcels totaling .72 acres, with a proposed zoning of GC and located between N.E. 9th and 10th (Palm Trail) Avenues, directly north of N.E. 8th Street, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 47-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY ~ BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT~ 3, BLOCK 5, AND THE WEST HALF OF ABANDONED ALLEY LYING EASTERLY AND ADJACENT TO LOT 3, BLOCK 5, TOGETHER WITH % LOT 10 (LESS THE SOUTH 8 FEET ROAD RIGHT-OF-WAY) AND LOTS 11 AND 12, AND THE EAST HALF OF THE ABANDONED ALLEY LYING WEST OF LOTS 10, 11 AND 12 (LESS THE SOUTH 15 FEET THEREOF), BLOCK 5, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS GENERALLY LOCATED BETWEEN N.Eo 9TH AVENUE AND N.E. 10TH AVENUE (PALM TRAIL), DIRECTLY NORTH OF N.E. 8TH STREET; REDEFIN- ING 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 COMMER- CIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 47-88 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. 30. Ordinance No. 48-88 - Annexing Enclave 30. Ordinance No. 48-88, annexing Enclave 30, a 1.3 acre parcel, with a proposed zoning of GC and located at the southeast corner of N.E. 8th Street and N.E. 10th Avenue (Palm Trail), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 48-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE EAST 256 FEET OF ALL THAT PART OF LOT 6 LYING EAST OF MCGINLEY AND GOSMAN'S SUBDIVISION AND WEST OF THE INTRA- COASTAL WATERWAY (LESS ROAD RIGHT-OF-WAY AND THE SOUTH 250 FEET THEREOF), LYING WITHIN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH STREET AND PALM TRAIL (N.E. 10TH 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; PROVIDING A -13- 5/24/88 GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 48-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31. Ordinance No. 49-88 - Annexing Enclave 29. Ordinance No. 49-88, annexing Enclave 29, a 1.03 acre parcel, with a proposed zoning of R-1AAA and located approximately 300 feet north of N.E. 8th Street, east of the Intracoastal Waterway and west of Andrews Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 49-88: 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'9, 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 APPROXIMATELY 300 FEET NORTH OF N.E. 8TH STREET, EAST OF THE INTRA- COASTAL WATERWAY AND WEST OF ANDREWS AVENUE; 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 R-1AAA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 49-88 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. 32. Ordinance No. 50-88 - Annexing Enclave 3lA. Ordinance No. 50-88, annexing Enclave 3lA, consisting of 3 parcels, {containing approvimately 90 individual ownerships), with proposed zonings of LI, CF and R-lA and generally located north of Linton Boulevard, south of S.W. 10th Street, east of 1-95 and west of S.W. 8th Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 50-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THREE 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 NORTH OF LINTON BOULEVARD, SOUTH OF S.W. 10TH STREET, EAST OF iNTERSTATE-95, AND WEST OF S.W. 8TH AVENUE; 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 LI (LIGHT INDUSTRIAL) DISTRICT, IN PART, CF (COMMUNITY FACILITIES) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -14- 5/24/88 The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 50-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 33. Ordinance No. 51-88 - Annexing Enclave 33. Ordinance No. 51-88, annexing Enclave 33, consisting of three parcels totaling .71 acres, with a proposed zoning of R-lA and located at the southwest corner of S.W. 8th Avenue and Ella Street, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 51-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1, 2 AND 3, BLOCK 17, SOUTHRIDGE SUBDIVISION, PLAT 2 OF 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 39, 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 S.W. 8TH AVENUE AND ELLA STREET; REDEFIN- % ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-lA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 51-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 33.a. Ordinance No. 52-88 - Annexing Enclave 3lA South. Ordinance No. 52-88, annexing Enclave 3lA South, with a proposed zoning of R-lA and located on the east side of Germantown Road, between Linton Boule- vard and Milfred Street if extended eastward, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 28th. The City Manager presented Ordinance No. 52-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 15, INCLUSIVE, SANDS O'SEA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 27, 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 GERMANTOWN ROAD, BETWEEN LINTON BOULEVARD AND MILFRED STREET, IF EXTENDED EASTWARD; 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-lA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 52-88 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. -15- 5/24/88 ! COMMISSION ACTION 34. Appointment to Community Appearance Board. The Commission is ko consider the appointment of a regular member to the Community Appear- ance Board to a term ending August 25, 1989. Applications 'for the alternate position will be considered. Ms. McCarty moved to appoint an alternate member, Jim Smith, as a regular member, 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. Appointment to Downtown Development Authority. The Commission is to consider the appointment of a Downtown Development Authority member to a term ending July 1, 1989. Ms. McCarty moved to appoint Frank Wheat, 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. 36. Appointment to Housing Authority Board. The Commission i~ to consider the appointments of Housing Authority Board Members to a term ending May 24, 1992. Mayor Campbell stated since this is a Mayoral prerogative, he requested the Commission consider Eugene Strews, Cynthia Gracey and Lawrence Parker. Ms. Horenburger moved to appoint Eugene Strews, Cynthia Gracey and Lawrence Parker to terms ending May 24, 1992, 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. Request for Landscape Variance. A request from William M. Merkel for modification of the requirements of Chapter 9 "Landscape Ordinance" and landscape plans approved by CAB for property located at 321-323 N.E. 2nd Avenue, is before the Commission for consideration. The following deficiencies must be corrected or a variance granted in order to comply with the Code: A. Replace missing Black Olive tree on west side of property (12 foot height). B. Replace missing section of hedge on west side of property (24 inches minimum height). C. Replace missing section of hedge at southeast section of property (24 inches minimum height). William M. Merkel, applicant, stated that Item A was dropped by Mr. Bauer at the Code Enforcement Hearing. The requirement of a hedge at the southeast section was also dropped due to being located in the alley. He is appealing the CAB action. The Commission concurred in advising the appeal of CAB action should be taken to the Board of Adjustment for a variance to the Land- scape Ordinance and not the City Commission. 38. Amendment to Contract. The Commission is to consider an amendment to the Delray Beach Golf Course Restaurant and Bar License agreement, extending the expiration date to be concurrent with the Golf Course Operator's lease of December 31, 1989. There is also a request for waiver of a $25,000 performance bond by the restaurant operator. Ms. Horenburger questioned if a letter of credit could be used as protection for the City, should the waiver be approved. Assistant City Attorney Kurtz advised a letter of credit, which is what the current Golf Course Licensee has in the amount of $250,000, would be essentially equal to a bond. -16- 5/24/88 Upon question by Ms. McCarty if it would be in order to require the same amount for the restaurant, Assistant City Attorney Kurtz stated Mr. Miller currently has a letter of credit in the amount of $5,000. The City Manager stated the performance required to obtain a letter of credit was most difficult. The bank that was going to issue the letter of credit required a ~eposit of $25,000 plus a $1,000 fee. David Schmidt, Attorney for Mr. Code House, the licensee for the Golf Course, stated the proposal tonight refers to discussions held a year ago relative to contract extension. If the contract for the restaurant is terminated or not renewed, Mr. House's contract provides him with the right of first refusal. When Mr. Miller had the contract assigned to him, it was proposed that the contract be extended for another five years. The City Commission denied this. At that time the City Attorney wrote an opinion stating, "It is our opinion that a properly executed and approved assignment would not be considered a termination of a current license agreement where the assignee will be subjected to the same terms and conditions of the license agreement." He feels if the bond is waived and the contract extended, the City Commission will be terminating the original agreement. Mr. Schmidt stated Mr. House is required to post a $250t, 000 letter of credit or provide a bond in that amount. A year ago the ~ity was approached requesting that a bond be substituted in place 6f a letter of credit. In his attempt to obtain a bonding company, Mr. H~use was told the way the contract was written with the requirements and obligations, a bond could not be written. A request was then made to the City to rewrite the contract language, that the amount of the letter of credit be reduced and he be allowed to provide some other form of security. The City advised the letter of credit would need to be for the same amount and there would be no restructuring of the contract language or alternate form of security. Mr. Schmidt stated he feels if the performance bond is waived for Mr. Miller, a double standard is being set; and on the next agenda there will be an application from Mr. Code House requesting that his letter of credit be terminated and stating that he has no obligation for security under the current terms of the agreement. Assistant City Attorney Kurtz stated it is his understanding that Attorney Schmidt and Mr. House were given an opportunity to come before the Commission and ask that the $250,000 amount be lessened. Mayor Campbell stated he feels there must be some alternate way of putting some t~pe of performance standard in the contract without a total waiver aRd requested that the Assistant City Attorney explore this. The City Manager stated he agrees and suggested that the terms of the contract be extended. Mayor Campbell stated there are plans to discuss considerable improvements to the Clubhouse and questioned if an extension of the contract would preclude major renovation if the tenant is uncooperative. Assistant City Attorney Kurtz suggested if the lease is to be extended, the City should attempt to negotiate some mitigation of damages. Mayor Campbell suggested this item be referred to an upcoming workshop. The Commission concurred. 39. Temporary Use Agreement. The Commission is to consider a proposed Temporary Use Agreement from Florida Power & Light for location of the fourth Carbon Filter unit located on the east p~operty line of the Germantown Substation on S.W. 10th Avenue. Assistant City Attorney Kurtz stated the Commission was pre- sented with information relative to an agreement between the City and FP&L, whose legal department is currently reviewing it. The changes are on the extent of the Hold Harmless. The City needs this license agree- ment in order to put the fourth calgon unit adjacent to Well No. 25, as there is insufficient room on the property deeded to the City. Ms. Brainerd moved to approve the temporary agreement with FP&L with the ability of the Staff to negotiate the City Attorney's alternate -17- 5/24/88 recommendation,_seconded by Ms. Horenburger. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 40. Settlement Offer - Walker VS City of Delray Beach. The Commis- sion is to consider a settlement offer in the case of Walker Vs. the City of Delray Beach. Denial is recommended. Mr. Weatherspoon moved to ratify the position of Staff not to accept the settlement offer, 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. 41. Contract for Fire Department Medical Director. The Commission is to consider a~contract between the City and Dr. Joseph R. Yates as Fire Department Medical Director. Ms. Horenburger moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; M4ayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 42. Amendment of Employment Agreement. The Commission i~ to consider an amendment to the employment contract between the City and the City Manager to increase assistance for rental of temporary housing by $500. Ms. Horenburger moved for approval, 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. 43. Request for Rezoning. A request for rezoning properties from RM-10 to CF, located east of N.E. 7th Avenue and north of N.E. 1st Street, for the purpose of constructing a parking facility, is before the Commission for consideration. Staff is being directed to prepare an enabling ordinance for advertisement and Public Hearing at First Reading on June 14, 1988. Ms. Brainerd moved to instruct Staff to prepare an ordinance for advertisement and Public Hearing at First Reading on June 14, 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. Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, the City Manager advised there will be a workshop this coming Friday. He also stated he has met with the Chairman of the Board of Jacobson's and the CRA Chairman, at which time they indicated a strong preference for the parking to be at this location. At this point the roll was called to the motion. 44. Addendum to Agreement between CH2M Hill and City. Addendum No. 2'~ an agreement between the City and CH2M Hill for well field assessment and remedial services totaling $503,600, which includes those items necessary to complete the design and construction of a full-scale treatment system and provide support services to the City Attorney's office with regard to investigation and the subsequent litigation of the 20-Series well field contamination, is before the Commission for consid- eration. Assistant City Attorney Kurtz advised that approval of this addendum is being delayed because there are further clarifications and negotiations going on concerning Task 5 and Task 7 and costs associated with those. Mayor Campbell questioned Staff if they are recommending -18- 5/24/88 that it is unnecessary to have an RFP on this because their figures are so trusted. The City Manager stated the determination was made in December of 1987, under the City Attorney's emergency authorization, to enter into a contract with CH2M Hill based on their specific and spe- cialized ability to provide the kind of services that the City needs. Upon question by Ma~or Campbell as to the original contract amount, Assistant City Attorney Kurtz stated the original contract was for consulting services relating to the litigation in the amount of $12,000. Mayor Campbell reiterated his concern for the difference in the dollar amount, and that this is the best value dollarwise and not an inflated price. Assistant City Attorney Kurtz stated it is not necessary to go to an RFP, but is recommending the amounts not be considered tonight, as there is still discussion and refinement of the scope of work that is going on and it is under litigation. Mayor Campbell requested that when the time comes for the Commission to consider the amounts, he would like Staff to make an affirmative recommendation that it has been examined and justify the fact that it is unnecessary to go for an RFP. Robert Wright and Ted Belser, representatives from CH2M Hill, gave a status report on the activities at the 20-Series well field, along with an overhead slide presentation explaining what has been done, what is going to be accomplished next week and the design and instal- lation of a cost effective, long term water treatment system.~ Upon question by Mayor Campbell as to the total cost of% the construction, Mr. Belser advised it will be approximately $1.2 million. Assistant City Attorney Kurtz stated the total cost of the contract to date is $464,500; however, this is a not-to-exceed figure and the City will be billed only for work actually performed. 45. Sign Code Variance - Jacobson's Department Store. The Commis- sion is to consider a request for a sign code variance by waiver of certain provisions of Ordinance No. 47-86 and to schedule a Public Hearing for June 14th. Provisions of the sign code which this waiver action involves includes: A. Prohibition of roof mounted signs. B. Prohibition of off site signs. C. Limitation of the number of signs permitted per business. D. Modification to the Atlantic Plaza Pylon sign. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weathe~spoon took the chair. Assistant City Attorney Kurtz advised that the City Attorney's office has concerns about using the ordinance waiver procedure for this type of situation. The potential danger is that a similar situation could arise making it difficult for a refusal. Modifying the ordinance to accommodate the signs would be preferable. Ms. Brainerd moved to accept the request and schedule a Public Hearing for June 14th, 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. 46. Annexation - Enterprise Leasing Properties. The Commission is to consider a request for annexation of a 6.68 acre parcel, owned by Enterprise Leasing with an initial City zoning of GC and located on the east side of South Federal Highway between Avenue H and LaMat Avenue. The City Manager stated one of the parcels to be annexed is a residential parcel and it is recommended all parcels be platted as a single ownership. The residential parcel is to be used for overflow parking and is not intended, nor will it be allowed, for extended auto- mobile use. Mayor Campbell returned to the Commission Chambers at this time. -19- 5/24/88 Mr. Kovacs stated direction is needed from the Commission as to whether there will be one zoning or a split zoning. The P&Z Board recommends one zoning for the entire property. If approved, the appli- cant will be requested to place the property into one parcel by having it surveyed to create one single description. If split zoning is approved, it will be necessary to get assistance from the City Attor- ney's office for writing the ordinance. Upon question by Ms. Horenburger as to the current zoning, Mr. Kovacs stated it is zoned commercial with the exception of Lot 14, which is vacant, and a sub-standard residential lot. Ms. Horenburger questioned if this is an expansion of the present use. Mr. Kovacs stated it is not an expansion, because the employee parking must be maintained at this location. If the use is violated, the City will cite the owner. Ms. McCarty stated if the property behind it could be aggregat- ed in the future for multiple family use, now is the time to prevent commercial uses to encroach on residential land and she would be in favor of a split zoning. Mayor Campbell stated he would like this item placed o~ an upcoming workshop. The Commission concurred. 47. Palm Beach County Land Use Map Amendment. A request by KDlday & Associates, representing William Bowman, to reconsider City opposition to a proposed County Land Use Map amendment changing 6.95 acres on Atlantic Avenue west of Military Trail from residential to commercial, is before the Commission for consideration. Mr. Kovacs stated the property is within the City's planning area as per the Land Use Policy Guide, which stated that the Plan Area shall go to the C-3 Canal and it is within .the City's water and sewer service area. Kieran Kilday, representing Bill Bowman, stated they had appeared before the County due to language stating there are certain barriers to Commercial zoning. In this case, the barrier language of the Comprehensive Land Use Plan would have said, "where Commercial turns to residential (which is on the north side of the street) the zoning applies equally to the south side of the street". The County bisected this intersection and while one plan shows the Commercial zoning at one point, the barrier language shows it at another point. A final ruling from the County Attorney was that the property needs clarification. Ms. McCarty left the Commission Chambers at this time. Mr. Kovacs stated the City holds the position that there is to be no more commercialization along Atlantic Avenue involving traffic. The property has considerably less frontage in respect to its depth. Mr. Weatherspoon moved to reconsider the February 9th action of the City Commission and withdraw the City's opposition to the proposed Land Use Plan Amendment, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Ms. McCarty returned to the Commission Chambers at this time. 48. Rezonin9 - Lindell and Federal Highway. The Commission is to consider a request for rezoning property owned by IandiMarino located north of Lindell Boulevard west of Federal Highway from RM-10 to GC, subject to the assembly of four parcels into one legal description. If approved, an ordinance will be prepared for First Reading at the June 14th meeting. Ms. Horenburger moved to support the City Manager's recommend- ation which supports the Staff position to move on this rezoning with the conditions that Staff proposed, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. -20- 5/24/88 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. Brainerd questioned if there is a way to control the four potential ingress and egress points without requiring the applicant to plat this as one parcel. Mr. Kovacs stated each lot is entitled to access to the street it fronts on. The only way is to get all the properties into one parcel and it can then be controlled through site plan or through a new subdivision. Domenic IndiMarino, stated it will be a financial hardship to pay points and refinance the notes. Mayor Campbell suggested he meet with Staff and try to come up with a satisfactory way of platting to satisfy the zoning requirements, while at the same time not require him to refinance. The City Manager suggested the ordinance be drawn as presented, but if Mr. IndiMarino and Staff can find an alternative, it can be returned to the Commission for discussion. At this point the roll was called to the motion. 49. Water and ~eyer Bond Refinancing. The Commission is to co~sid- er approval of one proposal to serve as Managing Underwriter fo~ an advance refunding of the City's Water and Sewer Revenue Bond S~ries 1984. Proposals were received from the following: Arch W. Robertson Company Cranston/Prescott Goldman Sachs William R. Huff and Company Merrill Lynch Prudential-Bache Raymond James & Associates Ms. Brainerd moved to appoint Cranston/Prescott to serve as Managing Underwriter, with the City reserving the right to consider the designation of co-managers at a later point in time upon the advice of the Commission or the City's Financial Advisor, if deemed necessary, 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. 50. Interim ~anagement Services - Development Department. The ~0mmission is to consider approval of an agreement between the City and Project and Interim Management Executives (Prime) to provide interim management services for the Development Department for a period of four months at a cost not to exceed $20,000. Ms. Horenburger moved for approval of the agreement, 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. 58. Conditional Use Permit Request (CU 6-237). The Commission is to consider a request for a conditional use permit and attendant site plan for First Years Quality Care (day care center) located at S.E. 4th Street and S.E. 1st Avenue. The Planning and Zoning Board recommends approval pursuant to Sec. 30-21-E, for an 18 month period, subject to the following: A. A positive finding that the use is not incompatible with the limited commercial uses to the south and east. B. Positive finding with respect to Section 30-21 (D) "Criteria for the Evaluation of Conditional Use Request", Section 30-22-D "Standards for Evaluating Site and Development Plan Applications" and Section 30-17 "Day Care Criteria". C. Subject to conditions 1-11 under the Technical Review and conditions 1-6 under the Community Appearance Board sections of the staff report. -21- 5/24/88 Mayor Campbell stated he feels the City needs a coordinated plan indicating areas to be most appropriate for these centers, as they are considered to be a business and should not be encouraged to prolif- erate primarily in all residential areas. Mr. Weatherspoon moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 51. Resolution No. 30-88 - Nuisance Abatement. Resolution No. '30-88, assessing costs in the amount of $3,014 for abatement action to remove an unsafe building located at 37 and 37 1/2 N.W. 10th Avenue, is before the Commission for consideration. The caption of Resolution No. 30-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 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. 30-88 is on file in the official Resolution Book) 52. Execution of Interlocal Agreement. The Commission is to consider the execution of Interlocal Agreement/E-911 Emergency Telephone Number System between the City and Palm Beach County Board of Commis- sioners. Approval is recommended. 53. City of Delra¥ Beach Code of Ordinances. Authorization to prepare an ordinance enacting a Code of Ordinances for the City and amending the Charter to provide for a change from City Council to City Commission, is before the Commission for consideration. Approval is recommended with a Public Hearing to be held June 14th. 54. Payment Request 925 - S. G. Phillips Contractors, Inc. The Commission is to consider ratification of SCRWTD Board approval of payment request ~25 in the amount of $7,260 to S. G. Phillips Contrac- tors, Inc., for the Regional Wastewater Treatment Plant expansion. Approval is recommended. 55. Payment Request #26 - S. G. Phillips Contractors, Inc. The ~ommission is to consider ratification of SCRWTD Board approval of final payment #26 in the amount of $12,500 and retainage to zero to S. G. Phillips Contractors, Inc., for the Regional Wastewater Treatment Plant expansion. Approval is recommended. 56. Palm Beach County Beaches and Shores Council - Appointment. The appointment of Patricia Brainerd to fill the seat of former Commis- sioner Dougherty on the Palm Beach County Beaches and Shores Council, is before the Commission for consideration. Approval is recommended. 57. Annexation - Balance of Enclave 55. The Commission is to consider a request to annex the A&R Fruit Stand and the balance of Enclave 55, with an initial City zoning of GC, located at the southwest corner of Federal Highway and the C-15 Canal. The Planning and Zoning Board recommend annexation and preparation of two Ordinances, one for -22- 5/24/88 voluntary annexation and the other for the balance of Enclave 55 with a GC zoning, subject to the following stipulations: A. Annexation will not create an additional enclave. B. Service to the -property will be provided in a manner similar to that for property similarly situated already in the City. C. Zoning of GC is consistent with the adjacent zoning and does not conflict with any of the 17 standards for evaluating rezoning requests as found in Section 30-23(D). D. Zoning of GC does not conflict with existing County zoning of GC or the existing use of the property as a fruit and vegetable stand. E. The zoning of GC does not conflict with the City's Land Use Plan designation of C for the Property. 59. Final Plat approval - Waterford Village. The Commission is to consider a request for a final plat for Waterford Village (residential component of Waterford Place), located west of Dotterel Road and north of Audubon Boulevard. Approval is recommended. 60. Annexation - Linton Boulevard and S.W. 4th Avenue. The Co'is- sion is to consider a request to annex a portion of Enclave 34, property owned by Dan Burns, located south of Linton Boulevard and east of 9. W. 4th Avenue to the F.E.C. Railroad, with an initial City zoning of GC. Approval is recommended. Mr. Weatherspoon moved for approval of the Consent Agenda, 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. 61. Commission Action - Awards of Bids and Contracts. The Commis- sion is to consider the following award of bids and contracts: A. Lighting for Pompey Park Gymnasium - Community Develop- ment Block Grant Activity - Basic Lighting Maintenance, Inc. - $10,400. B. Topping and Linestopping Unit and Linestop Fittings - Hydra-Stop, Inc. - $15,290. C. Loqg Term Disability Program - Mutual Benefit Life Company - $75,000. D. Polymer 844A - American Cyanamid Company - $76,000. E. Paper Products and Janitorial Supplies - The Stevens Company - $5,632.50. Jim Walters Papers - $6,940.04. Eli Witt Company - $478.00. Standard Sanitary Supplies - $9,066.70. Picard Chemical Company - $115.00. Tropical Chemical Company - $7,540.60. F. First Nationwide Bank - Purchase of Lot 2, Nichols Second Addition for Water Plant Expansion - $38,000 plus closing costs. Ms. Brainerd moved for approval, 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. PROCEDURAL ITEMS 62.1. Rosetta Rolle, President of the Delray Beach Voter's League, stated she would like to thank the Commission for selecting her as one of the participants in "Visions 2000" and hopes to be considered again. 62.2. Helen Coopersmith, 1222-D South Drive Way, stated she would like some information relative to the status of the Albertson/Pugliese project. Mayor Campbell stated he would be glad to speak with her tomorrow about this. -23- 5/24/88 62.3. Two representatives from 'Atlantic High School Project Gradua- tion' came forward and requested a donation to assist in the funding for the June 4th Sea Cruise for the graduating seniors. Mayor Campbell suggested they contact some of the Commissioners prior to the meeting this Friday and if there is support, the item will be placed on the agenda. 62.4. Alice Finst, 707 Place Tavant, stated she could find no tax or financial advantage due to Sunbelt Denntronics moving out of the City. She would like more information concerning this. 62.5. Alice Finst stated the Palm Beach School Board has chosen the name "Banyan Creek Community Elementary School" for the new school located on Barwick Road. She feels the name is inappropriate and the School Board should be asked to withhold a final decision until the meeting in June. 63. Mr. Weatherspoon moved to approve the minutes of the Regular Meetings of April 26, 1988 and May 10, 1988, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Commission Chambers at this time.~ 64.A.1. Mr. Weatherspoon questioned the status of the traffic and speeders on Linton Boulevard west of 1-95, a problem that was discussed at an earlier meeting. The City Manager stated he has spoken with the City Engineer and the County Engineering road people. The reports received indicate the speed is appropriate for the type of street. They are unable to justify a traffic signal at the intersection in that area. 64.A.2. Mr. Weatherspoon stated there seems to be a major problem with concrete spills on highways. The City Manager stated there have been numerous letters written, but the problem still exists. 64.A.3. Ms. McCarty stated there has been a resignation, creating a vacancy on the Historic Preservation Board. This needs to be advertised along with any other Boards that need members or alternates. 64.A.4. Ms. McCarty questioned the status of the Sign Ordinance. Assistant City Attorney Kurtz stated there was a misunderstanding with regard to placing it on the agenda. It is now planned to be on the upcoming workshop of May 27th. 64.A.5. Ms. McCarty questioned what the procedure is when the final document covering Visions 2000 is received. The City Manager advised he plans to do a Staff orientation and attempt to implement the final conclusions, from a budget point of view, in departments that are or are not included and make adjustments in the budget. When the Commission evaluates the budget, he assumes they will do the same, by implementing the consensus of what Visions 2000 meant to them. Mr. Kovacs stated, for those items that are more policy-oriented in longer terms, he will key the list of Vision recommendations to the appropriate elements of the Comprehensive Plan. 64.A.6. Ms. McCarty stated some time ago a discussion was had relative ko Boards not being fully informed on the Sunshine Law. It is her understanding a memo was sent to all the Boards from the City Attorney's Office informing them they would be glad to assist with any questions any of them might have. The City Manager stated he will be quoted in a newspaper story to the effect that, "The City Clerk, the City Attorney, the Public Information Officer and the City Manager will meet to brain- storm the manner in which the meetings are advertised now and how to make sure the Boards do comply with the Sunshine Law". 64.B. There were no non-agenda items from the Assistant City Attor- ney. 64.C. The City Manager read a list of workshop items scheduled for Friday. They are as follows: Restaurant Lease - Golf Course -24- 5/24/88 Enterprise Leasing The Sign Code package Jacobson's Garage Project Graduation City Hall ~'i~pansion Atlantic Avenue Project Mayor Campbell declared the meeting adjourned at 10:25 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 May 24, 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- 5/24/88