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01-27-87 January 27, 1987 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 7:04 P.M., Tuesday, January 27, 1987. 1. Roll call showed: Present - Commissioner Malcolm T. Bird Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John W. Hadlock, ~hurch of the Nazarene. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.b. Mayor Campbell presented a proclamation proclaiming January 28, 1987, as "Challenger Center Day". 4.a. Mayor Campbell presented a proclamation proclaiming January 28, 1987 as "B'nai B'rith Women's Day". 4.c. Mayor Campbell presented a proclamation honoring and commending the Atlantic High School Eagle-Ette Dance Team and the Directors for their many accomplishments and for bringing national and international attention to the School and the City. Carol Shetler, Principal of Atlantic High School, and Adriana Hernandez, Captain of the Eagle-Ettes, came forward to receive the proclamation. 5. Mr. Bird moved to approve the agenda and add the memorandum from Planning and Zoning as Item No. 21, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird left the Commission Chambers at this time. PUBLIC HEARING 6. Ordinance No. 3-87 - Southern Bell Franchise. Ordinance No. 3-87, relative to renewal of Southern Bell Franchise, 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. 3-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 55-86 AND ENACT- ING A NEW ORDINANCE AUTHORIZING AND GRANTING TO SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY NON-EXCLUSIVE PERMISSION TO USE THE PUBLIC STREETS OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELE- PHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER FOR A PERIOD OF TEN (10) YEARS; SETTING STANDARDS FOR THE PERFORMANCE OF WORK; PROVIDING FOR A FEE OF ONE PERCENT 1% CONSIDERATION; PROVIDING FOR INDEMNIFICATION BY THE COMPANY; PROVIDING THE TERM AND EXPIRATION DATE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR TERMS AND CONDITIONS OF TRANSFER OF RIGHTS; PROVIDING FOR LIMITATION AS TO CABLE TELEVISION OPERATION; PROVIDING FOR ACCEPTANCE OF THIS ORDINANCE; PROVIDING FOR POLICE POWERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR RENEGOTIATION; PROVIDING FOR COPIES; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 3-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 3-87 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horen- burger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird returned to the Commission Chambers at this time. PROCEDURAL ITEMS 7. Mr. Weatherspoon moved for approval of the minutes of the Special Meetings of December 30, 1986, and January 6, 1987, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8.a.1. Mr. Dougherty stated he had received phone calls concerning the concrete plant on Congress Avenue. It seems to be creating an unusual dust problem. He personally drove to the area near Davis Road and can confirm that the complaints are legitimate. In addition, the debris at the corner of Congress Avenue and Lake Ida Road is causing a hazardous situation. The City Manager stated that Code Enforcement has cleaned this numerous times. The City charges and collects for this cleanup, but apparently it is cheaper to pay the City than to clean it up themselves. He also stated that the dust problem has been referred to the County Health Department. 8.a.2. Mr. Dougherty stated he had received two requests for sidewalks on Atlantic Avenue, particularly between the High Point Intersection at Homewood Boulevard up to the shopping center. He questioned if the Engineering Department would consider looking at Atlantic Avenue and sidewalks in a broader sense. This could be a project for this year to put in sidewalks from Davis Road to Barwick Road. The City Manager stated the City would file a request with the State Department of Transportation for the sidewalks, as it is their obligation, whether it is within County or City jurisdiction. 8.a.3. Mr. Dougherty stated that he has spoken with several persons concerning the possibility of having a reverter clause when the Com- mission is rezoning. They get involved in reviewing site plans at the same time. In reviewing, he pays close attention to what the developer has planned and is influenced readily if he feels it will be a definite benefit to the City. As past history proves, a rezoning has been approved, based on site considerations, and never carried out. He realizes that some projects develop financial problems and the time runs out before these can be resolved. He suggested the Commission consider directing the Planning Staff, that for all plans in the future, part- icularly for rezoning, that a reverter clause be included; either use it or lose it. He also would prefer the time limit be changed to a nine month period instead of eighteen months. He asked the Commission for consensus in directing staff to consider a reverter clause or possibly an ordinance, if necessary. -2- 1/27/87 Mayor Campbell suggested staff look at it. He had spoken with Kathi Sumrall earlier, who informed him that the Planning and Zoning Board has this under consideration. In fact, they may have an ordinance ready as a proposal for the Commission at this time. If the Commission concurs, the Planning and Zoning Board could be urged to proceed. Mr. Bird stated that as he understood the procedure, zoning is an independent issue. A number of parcels have been rezoned without a site plan, understanding that the potential uses are those available under that particular zoning category. If they have determined that Parcel A is appropriate as a PRD, low density, then the issue for site plan is how many units will be allowed. For it to go back to an under- lying zoning category without the site plan continuing beyond a reason- able period of time, is one issue. To claim that this parcel will revert back to a prior designation concerns him. If it is inappropri- ately zoned, the Commission needs to deal with that. If it has been zoned appropriately and the Commission wants to consider a policy of site plan, use it or lose it, then it can go back to square one. If it is a multi-faceted program, the proper zoning must be established and the site plan approved. If the time expires prior to obtaining proper zoning and the Commission wants to have the land revert to a non-site planned approved use, that is fine. To revert back to some other zoning raises a question as to whether it was originally zoned appropriately. Mrs. Horenburger stated it is her understanding that contract zoning is illegal according to Florida Law. If the zoning is appropri- ate for the site, she questioned the legality of tieing a site plan into a rezoning, with the idea of use it or lose it, without being in con- flict with Florida Law. The City Attorney stated he had serious concerns relative to use it or lose it rezonings. Zoning issues which revert back to a previous or different designation brings up a question of whether the appropriate zoning was made originally. That is not to say it could not be rezoned again due to changed conditions. He did not feel there was a problem with site plans. Upon question as to what mechanism could be legally used to lock in a site plan, the City Attorney stated that a site plan is approved essentially forever, unless the Commission limits it. At present the time limit is eighteen months. At expiration, it is neces- sary for the party concerned to go before the Commission and reapply for site plan approval. If a modified version should be proposed, it would not be granted. Mayor Campbell suggested the Planning and Zoning Board and Staff look into this issue and report their findings and recommenda- tions. The Commission concurred. 8.a.4. Mr. Dougherty stated that the Commission had spent a great deal of time during November and December approving a Land Use Program. He was hopeful that the State was reviewing this and approval would soon be forthcoming. He recommended there be no rezoning, including County Pockets as of February 1, 1987, until State approval has been received. Mayor Campbell stated he would not be in favor of a moratorium on zoning. When a Land Use Plan has been established and the City is anxious to annex a pocket where there is no conflict, a zoning category must be attached or it cannot be legally annexed. Zoning is a more refined element, which is not attached to any pocket now. The City Attorney advised if the Commission were to adopt such a proposal, it would be considered a moratorium. It would be necessary to adopt an ordinance, reciting the facts upon which the need was based. Mayor Campbell recommended it be placed on the next workshop meeting and the Commission concurred. Mr. Dougherty stated the plans for the proposed South County Courthouse have been exposed to the public. He questioned when they would be coming before the Commission for discussion. -3- 1/27/87 Mrs. Horenburger stated she attended the meeting where the plans were presented to the County Commission and Ed Oliver, the archi- tect, is to place a model in City Hall with photographs and complete plans. Upon question by Mr. Dougherty, Mayor Campbell stated there would be no jail in the new Courthouse or any other part of the City, as that was specifically excluded from the zoning. The only way it could be allowed would be if this Commission changed the ordinance and he did not foresee that. 8.a.6. Mr. Dougherty stated that he would like to revisit the Bond Issue relative to awarding a contract to two underwriters. He was not in attendance at the Special Meeting in December when the issue was raised as to whether it could be competitive or non-competitive. He would like the Commission to revisit the issue and reconsider going to a competitive bid rather than negotiated. He also expressed concern about distribution between two underwriters. He questioned if they would be negotiating between themselves as to price, maturity schedules and interest schedules. Mayor Campbell stated this subject had been discussed at great length and perhaps the public did not have the amount of information the Commission members could have had upon a thorough investigation. The difference in using the words competitive and negotiated are easily misunderstood in the complex financial dealings of a community such as this one. He then presented a precise and perspicuous explanation of the concept of competitive and negotiated biding. He asked the Commis- sioners if they would like it to be discussed again; if so, it would be done with a proper motion, and with due notice to the public. Mr. Dougherty moved that the Commission revisit the Bond Issue in the proper manner. Mayor Campbell ruled the motion out of order. The Commission members voting for the negotiated procedure were not in favor of revisiting the subject. 8.a.7. Mr. Bird stated he had received a call from a citizen whose automobile had been towed and, in order to effect a recovery process, it was necessary for him to go to Boca Raton. In addition, this citizen was informed an exception would be made that evening and he could go and pay for his car, if he chose to do this quickly; if not, the towing company was going to close and he could get his vehicle on the following Monday. When this was debated, the intent of the Commission at the time was that it should not be necessary to leave the jurisdictional limits of the City to effect a recovery. He requested a ruling from the City Attorney, who advised he was correct. Therefore, there are two items that need to be reviewed by Staff. 1) Why, if it was the intention of the City that a person should be able to recover his vehicle in the community in which it was impounded, is it necessary to go to Boca Raton; 2) It was the intent of the Commission that it should not be necessary to wait an entire weekend to reclaim what may be his only means of transportation. Finally, it should be made clear that the policies for our police officers include that, when possible, an owner should be found prior to towing, rather than towing and then telling him. 8.a.8. Mr. Bird stated that placing of trash containers at strategic places around the City, particularly in areas of high transient popula- tions might help to keep the City clean. 8.a.9. Mr. Bird requested that Staff research and report to the Commission whether or not all discussions relative to Bond Issues could be made by Commission action, which would be relevant only in the Public Hearing section of the agenda. Mr. Bird left the Commission Chambers at this time. 8.a.10. Mrs. Horenburger stated she was in support of anything that would correct the towing situation. It was her understanding that the -4- 1/27/87 towing contract states the towed vehicles must be stored within the City limits of Delray Beach. 8.a.ll. Mrs. Horenburger stated she has received numerous calls relative to the rezoning of the Lehman project. She would like Staff to put out a simple fact sheet regarding the rezoning, stating what the original zoning was in the County, and what uses were allowed, how it has changed during the City process and what could conceivably happen with a lawsuit to de-annex the property. 8.a.12. Mrs. Horenburger stated the Commission has received a memo concerning a number of vacancies on various Boards, one of them being the Board of Construction Appeals. Mrs. Horenburger moved to reappoint John Henderson to the Board of Construction Appeals, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Abstained; Mrs. Horen- burger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty stated this comes as a surprise to him. He questioned the City Attorney if the appointed members of all the Boards continue to serve until they are reappointed or replaced. The City Attorney stated only some of the Boards were like that and that the Board of Construction Appeals was not one of those. Mayor Campbell stated the City does have a policy on reappoint- ments. If a person has served satisfactorily in the past, is still qualified, and the Commission is familiar with him, they have no objec- tion to a reappointment. At this time the roll was called to the motion. Mrs. Horenburger moved that the Commission ask the current members with expired terms serving on the Board, to remain for one month, in order to have their business meeting and request that this Board look for new members to fill these vacancies, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger emphasized the fact that the Boards need to fill the vacancies. They have rules relating to vacancies, alternates and missed meetings. She would like Staff to insist those matters be resolved as quickly as possible, in order to have quorums at meetings. Mrs. Horenburger stated she feels the entire trash program should be revisited. The price of a clean City is a good system of trash pickup. Placing extra containers at various locations does not appear to be the solution. The City has hired extra employees to cite these offenders and bring them before Code Enforcement, but this has not stopped them. 8.a.13. Mr. Weatherspoon stated he had been following a situation of one particular citizen in regard to a Code violation. This has appar- ently been an ongoing situation for a number of years and came before the Board of Adjustment recently. Due to some of the extenuating circumstances, he felt the Board should have granted the variance. Subsequently, a lien has been placed on this property for $20,000 plus. In an effort to try and provide some relief to this individual, and with the Commission's consent, he would like staff to provide each member with a copy of the code-related ordinance addressing setbacks. Mrs. Horenburger stated it was her understanding the screen enclosure in reference was constructed without a permit with the im- proper setback. Mr. Weatherspoon stated that the house is also in violation, but the City will not demand the house be removed. Based on his analy- sis of other data, there are possible other violations in the same area. -5- 1/27/87 He realizes there are rules and regulations, but common sense should also be a factor. 8.ao14. Mr. Weatherspoon stated he would like Staff to look into the possibility of upgrading the traffic signals at N.W. 8th Avenue and N.W. 12th Avenue with push-button devices for pedestrian crosswalks. 8.a.15. Mr. Weatherspoon stated the entire public address system in the Commission Chambers, especially the main microphone, needs to be re- paired or removed. 8.a.16. Mayor Campbell stated the City's beach cleaning service now cleans only the public beach. At the south end of the public beach, where the privately owned home area begins, the appearance of the beach takes on an entirely new character. He would like to have the City obtain an estimate from the beach service as to how much it would cost to clean the entire beach. It might be possible to approach the indivi- dual property owners and negotiate a deal where both they and the City could contribute toward the cleaning. This could be in the form of a special assessment or just an agreement with the owner. 8.a.17. Mayor Campbell stated the sand blowing from cleared lots is becoming a nuisance and a hazard. He feels if a lot is cleared and a building permit has not been issued within a reasonable time, some sort of seeding or preventive measure should be undertaken by the owner to eliminate this problem. If the Commission would like to pursue this, perhaps Staff could obtain a cost estimate. Upon question as to whether the Building Code contained a regulation on this, the City Attorney stated not as long as the land is leveled. Mayor Campbell requested Staff look at the County Ordinance, which provides for this. Mr. Weatherspoon also asked if Staff could report as to the effectiveness of the regulation in the County. Mrs. Horenburger suggested the Environmental Protection Agency might also be helpful. 8.b. There were no Non-Agenda items by the City Attorney. 8.c.1. The City Manager stated that last year the City participated in a triathalon from Spanish River Park in Boca Raton north to Delray Beach along A1A. This is the bicycle portion of the triathalon and the City would like to participate again this year. In order to allow them to go through the City, a permit must be filed with the Department of Trans- portation, which has been done. The proceeds are to go to the Inter- national Swimming Pool of Ft. Lauderdale, home of the Swimming Hall of Fame. Also, the Palm Beach Marathon will be held on February 21, 1987. The same permit and requirements are necessary. The proceeds are to go to the Easter Seal Fund. These have been reviewed by the City Attor- ney's Office, who felt it should go before the Commission for approval. Mr. Dougherty moved to authorize the City Manager to execute the permit applications for the triathalon and the marathon, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8.c.2. The City Manager stated each Commissioner has a copy of the updated legislative agenda, a copy of the legislative priorities from the County and a copy of the updated project status data. Some of the items of major importance include the Congress Avenue water main, and the Congress Avenue forcemain near IBM, which has been constructed. This ties in with the widening and lowering of Congress Avenue. The Germantown Road transmission main which is the key for getting the pressure into the southwest section is moving along and he hopes to advertise for bids within the next 30 days. Another important item is the project at Barwick Park. The health equipment has been received and, hopefully, will be installed within the next few weeks. The sprinkler system is being redesigned, a well is being driven and it should be completed shortly. Mr. Bird returned to the Commission Chambers at this time. Corrected at the February 24, 1987, meeting as follows: "upgrading traffic signals at N.W. 8th Avenue and N.W. 10th Avenue with pushbutton devices for pedestrian cross- walks." -6- 1/27/87 8.d.1. Gertrude Green, 3752 Lake Ida Road, stated that she has been victimized, along with other citizens, many times concerning three partic- ular items. The first is about the removal of trash and the Code Enforcement Board, the second concerns removal of junked cars and the third concerns the double parking situation on N.W. 5th Avenue. The City Manager stated that his instructions from the Commis- sion was that parking violators were not to be bothered. A portion of the section was to park on one side and another portion on the opposite side. Those were also the instructions given to the police department. The City made an offer to purchase the property from Dr. Simon Barnes for a parking lot. The offer was accepted and upon doing a title search, the City Attorney's office learned that Dr. Barnes no longer owned the property, but that it was under the control of a trustee. The City Attorney advised that there is a valid contract between the City and Dr. Barnes for the sale of the property. It is up to the Commission if they want to pursue a breach remedy. According to the title company, Dr. Barnes lost the property in a 1984 foreclosure, yet he continued to represent that he owned it and the tax records so indicate. The City Attorney's Office is in the process of attempting to contact the trustee who holds the property to see if a negotiation can be made. That may be an indication of damages, if the value is higher than originally anticipated. Mayor Campbell stated that the problem needs some serious attention. Mrs. Green stated she wants the Commission to know it is an extremely dangerous situation. It needs to be addressed immediately. Mrs. Green stated that since the new trash ordinance the citizens in the western section take their trash to other locations to avoid paying. She indicated she is not against the ordinance, but the manner in which it is enforced. People continue to place trash on property that does not belong to them and the owners are the ones who have to pay. Mrs. Green stated they received a violation from Code Enforce- ment to remove a junk car that did not belong to them. It had a tag and, even though the police said they knew who the owner was, the Greens had to pay to have the car removed. Mayor Campbell stated those matters are a great concern to the Commission and in the upcoming weeks they will be taking a closer look and discuss in depth a solUtion to help resolve this situation. 8.d.2. James Bowen, 116 Marine Way, stated that he is concerned about spending so much money for bypasses and getting so little use from them. Originally, they were designed to lessen the traffic on Atlantic Avenue, and to improve the situation of the merchants. He does not feel either has been accomplished to the extent of the expenditure. There should be some way to speed up the flow of traffic moving west, especially during the season. Mayor Campbell stated the City Manager should give the Commis- sion a report on the situation at the next meeting. Mrs. Horenburger stated that a report had previously been received, but the County has control of the timing of the traffic lights, and another message needs to be sent. The City Manager stated he would contact Jan Winters. 8.d.3. Alfred Straghn, expressed concern about the trash situation. He paid a code violation for removal of trash that someone else dumped on his property. There were also two cars left on his property, both with tags and he was informed, if he did not move them, they would be towed away at his expense. This represents a hardship on the property owners that are conscientious about keeping their property neat and clean. The City needs to find some remedy to correct this situation. -7- 1/27/87 8.d.4. Sam Schwimer, Pines of Delray, stated the traffic light on Linton and Homewood Boulevard where the County installed left turn signals has never worked. Mayor Campbell explained this was under County jurisdiction and should be reported to them. Mr. Schwimer emphasized the fact that the State Legislature passed a Sunset Act on Sales Tax Exemptions. During the past few months he has received many complaints from citizens, fearing the State is going to tax medical and hospital bills. He received a letter from the Associated Hospitals, Inc., that appeared to be in the form of a scare tactic. He has spoken with many of the State Legislators and they told him they would not vote to support this. He requested that the Commis- sion pass a resolution in support of this, to notify the State Legisla- tive Delegation and possibly the committees at Tallahassee, indicating the City opposes any removal of an exemption on medical, hospital and legal bills. Mayor Campbell stated the Commission would take it under consideration if the City Manager will poll the Commission members. If they so desire, it will be placed on an upcoming agenda. 8.d.5. Kathi Sumrall, Chairman of the Planning and Zoning Board, stated that she would like to add an addendum to the Annual Report from Stan Weedon, the acting Planning Director. The Board is comprised of seven members, who dedicate an enormous amount of time regarding the issues that come before them. These members are volunteers and the time spent cuts deeply into family and business hours. According to the laws that govern the Board, the meetings must be advertised two weeks in advance. In addition, individual letters are sent to every property owner within 500 feet of the subject property that is scheduled for Public Hearing. On January 17, 1987, she received an invitation to the City's Annual Appreciation Dinner for all City Board volunteers. The dinner was scheduled for January 26, 1987, the same night as their advertised meeting. Upon calling City Hall to remind them there was a conflict, she was told the meeting date would have to be changed, which was impossible. Upon being told the dinner could not be rescheduled, it was necessary for the Board members to decline the invitation. She feels the Board members deserve more consideration and respect. She was extremely disappointed that the administration would make no attempt to postpone the dinner so the Board members could participate. She had three demands to present to the Commission: (1) If the Chairman of the Planning and Zoning Board feels a meeting could be very controversial, they should be allowed to have a police officer stationed in the build- ing in order to remove any person immediately, who is creating a public disturbance and abusing the Board in an out-of-order position; (2) The Planning and Zoning Board be given their own separate appreciation dinner at a time and date acceptable to them, within the next six weeks; and, (3) That a new Planning Director be on board no later than March 1, 1987. This is a very crucial time for the department with the State Mandate of the Comprehensive Plan. Mayor Campbell stated it would be taken under advisement and the entire Commission would get back to her very quickly, within the week. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 9. Pollworkers. The Commission is to consider the appointment of clerks and inspectors from the attached list of possible appointees from which sufficient numbers will be selected by the City Clerk to conduct the upcoming election. Approval is recommended. 10. Special Bulk Trash Pick-up. The Commission is to consider authorizing execution of an agreement between the City and Waste Re- sources of Palm Beach for a special bulk trash pick-up, February 16, 1987 through March 7, 1987. Funds will come from Sanitation Reserve Fund. -8- 1/27/87 11. Change Order No. 1 for 1986 Resurfacing. The Commission is to consider approval of CO No. 1 for Phase I for Pavex Corporation in the amount of $6,545.50 for additional asphalt and striping required to properly finish the project and upgrade existing striping to meet traffic standards, with funds to come from the 1985/86 Capital Reserve. Current contract price, including this CO, $193,170.50. Approval is recommended. 12. Nuisance Abatement. Resolution No. 5-87, assessing costs of abating nuisances in accordance with Section 13-13 on 22 parcels, is before the Commission for consideration. The caption of Resolution No. 5-87 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. 5-87 is on file in the official Resolu- tion Book) Mrs. Horenburger moved to approve the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - 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 Vice-Mayor Weatherspoon took the Chair. REGULAR AGENDA 13. Water Service Agreement - United States Postal Service. The Commission is to consider a request for a water service agreement from the United States Postal Service for the new Post Office facility, located on the east side of Military Trail, approximately one-quarter mile south of Lake Ida Road. Mr. Bird moved for approval of the water service agreement, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes; Said motion passed with a 4 to 0 vote. 14. Ordinance No 4-87 - Amending Code - Duration of Lien. Ordi- nance No. 4-87, amending Chapter 2 "Administration" of the Code of Ordinances providing that no lien shall continue for a period longer than five years, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 10, 1987. The City Manager presented Ordinance No. 4-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VI, "CODES ENFORCEMENT", BY AMENDING SECTION 2-119 "DURATION OF LIEN", PROVIDING THAT NO LIEN SHALL CONTINUE FOR A PERIOD LONGER THAN FIVE (5) YEARS. PROVIDING A SAVING CLAUSE, PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -9- 1/27/87 Mr. Bird moved for the adoption of Ordinance No. 4-87 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes; Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time. 15. Ordinance No. 5-87 - Amending Code - Fines for Noncompliance with Orders. Ordinance No. 5-87, amending Chapter 2 "Administration" of the Code of Ordinances enacting a provision that each time a violation has been received a hearing shall not be necessary for issuance of the order, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 10, 1987. The City Manager presented Ordinance No. 5-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VI, "CODES ENFORCEMENT", BY AMENDING SECTION 2-118, "FINES FOR NONCOMPLIANCE WITH ORDERS", BY ENACTING A PROVISION WHICH STATES THAT EACH TIME A VIOLATION HAS BEEN REPEATED A HEARING SHALL NOT BE NECESSARY FOR ISSUANCE OF THE ORDER, AND BY PROVIDING THAT A CERTIFIED COPY OF AN ORDER IMPOSING A FINE SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 5-87 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - 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. Dougherty questioned, with regard to Item 12, if the City had incurred any expense. He understood that it was administrative costs, but he assumed the $22.50 was an assessment and asked if that covered all the City's cost. Mr. Bird stated the Commission had re- quested nearly one year ago that Administration give them a verifiable cost. The City Attorney stated that the $9.00 was the actual cost of clearing the property and the $17.50 was administration cost. The Nuisance Abatement Provisions provide for the City to recoup the actual cost of hiring a contractor to clear the lot, add the administrative expense of having the Development and Inspection Department look at the property, cite the people, send the mailings and prepare the documents. Mr. Bird stated it was his understanding the City was to let bids for this work and the contractor who was awarded the bid took care of the nuisance. The administrative cost is over and above this. The violator is given a choice to remove the violation or pay the amount required by the City. Mr. Dougherty wanted some assurance that the City is covering its cost. The City Attorney advised that the Building Department developed the figure last year of $35.00 an instance and the Commission adopted it. Mr. Weatherspoon, referring to Section I, questioned the part which states that after six months from the filing of such a lien, the Code Enforcement Board may request the City Attorney to foreclose on the lien. The City Attorney stated a foreclosure cannot be made prior to six months due to a State Statute, but it can remain as a lien against the property for as long as five years before it automatically expires. -10- 1/27/87 There are a number of restrictions to consider before foreclosing in six months. If it happens to be homestead property, you cannot do this. Hopefully, it will sell in the interim and the seller pays the lien. At this point the roll was called to the motion. 16. Ordinance No. 6-87 - Amending Zoninq Code - Planned Commerce Center District. Ordinance No. 6-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to amendments to the PCC District to introduce greater flexibility and improve the attraction of the City for smaller and high tech businesses, is before the Commission for consider- ation on First Reading. If passed, Public Hearing will be held February 10, 1987. The City Manager presented Ordinance No. 6-87: 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 REPEALING SECTION 30-15.2, "PCC PLANNED COMMERCE CENTER DISTRICT", AND ENACTING A NEW SECTION 30-15.2, "PCC, PLANNED COMMERCE CENTER DISTRICT", WHICH PROVIDES (A) "PURPOSE"; (B) "DEFINITION"; (C) "DEVELOPMENT AP- PROVAL PROCESS"; (D) "GENERAL USE AREAS AND PERMITTED USES"; (E) "USES PROHIBITED"; (F) "SITE AREA AND LOT DIMENSIONS"; (G) "BUILDING SETBACKS"; (H) "GROUND FLOOR BUILDING AREA"; (I) "TOTAL FLOOR AREA"; (J) "BUILDING HEIGHT"; (K) "PARKING AND LOADING"; (L) "DISTRICT BOUND- ARY LINES"; (M) "LANDSCAPING AND OPEN SPACE"; (N) "SIGNS"; (0) "SPECIAL REGULATIONS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 6-87 on First Reading, seconded by Mrs. Horenburger. Mrs. Horenburger stated she has a problem with the prohibited uses, even though she agrees. She wanted some assurance that someone could not come up with a dreadful use not actually addressed or as the result of a use. She is concerned that all noxious uses have not been considered. The City Attorney stated he felt the City should not get into a change in the zoning theory. Currently, there is a list of those uses that are allowed, either as permitted or conditional. Those uses that are prohibited are not listed; therefore, if it is not listed, it is prohibited. He has some concern relative to this ordinance, as it is listing those items that are prohibited. Upon commencing to make prohibited lists, it is absolutely necessary to make sure the list is exhaustive. He feels the ordinance should be reformatted. Upon question by Mr. Bird as to what the procedure would be if he amended his motion to approve the ordinance, subject to a language change in the caption by deleting Item (E), renumbering subsequent items, and directing the office of the City Attorney to couch those pro- hibited uses as exceptions to permitted uses and take the prohibited section out in its entirety, the City Attorney said that could be done. Mr. Bird amended his motion to approve Ordinance No. 6-87 on First Reading, with the changes as suggested above, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 17. Ordinance No. 7-87 - Amending Zoning Code - Theater Produc- tions. Ordinance No. 7-87, amending Chapter 30 "Zoning" of the Code of Ordinances to allow theater productions as a permitted use within the LI -11- 1/27/87 (Light Industrial) District, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 10, 1987. The City Manager presented Ordinance No. 7-87: AN ORDINANCE OF THE CITY COMMISSION 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 30-14 "LI (LIGHT INDUSTRIAL) DIS- TRICT'' (B) "PERMITTED USES" BY ADDING AS A PERMITTED USE "THEATER PRODUCTIONS, INCLUDING THE MANUFACTURE OF PROPS AND COSTUMES, REHEARSALS AND ASSOCIATED ACTIVITIES"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 7-87 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mrs. Horenburger questioned if anyone had addressed the parking situation for a theater in the LI District. There is no indication it was done by the Planning and Zoning Board. She was hesitant to approve an ordinance allowing an additional use, if the parking will not be ample. Mr. Bird stated his concern was not including cinema produc- tions as well as theater, as they could logically be at the same place. He suggested the ordinance be amended, without changing the caption, to state that theater parking shall be as required for those zones current- ly allowing theaters. Hopefully it can be amended appropriately when it is returned for Second and FINAL Reading. Mayor Campbell stated he had some reservations about allowing theaters in Light Industrial areas, mainly because it is a heavy commer- cial use, and feels it should be given some very careful consideration. At this point the roll was called to the motion. 18. Ordinance No. 8-87 - Renewal of Sunbelt-Denntronics Cable, Ltd. Franchise. Ordinance No. 8-87, relative to franchise renewal for Sunbelt-Denntronics Cable, Ltd., is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held February 10, 1987. The City Manager presented Ordinance No. 8-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "CABLE TELEVISION FRANCHISE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 10-26, "DURA- TION AND RENEWAL OF FRANCHISE; APPLICATION AND RENEWAL FEES", BY REPEALING SUBSECTION (A), AND ENACTING A NEW SUBSECTION (A) TO RENEW THE FRANCHISE OF GRANTEE II, SUNBELT DENNTRONICS LTD., THE RENEWAL TO COMMENCE ON JULY 22, 1989 FOR A PERIOD OF FIFTEEN (15) YEARS, ENDING JULY 22, 2004, UNLESS SOONER TERMINATED AS PROVIDED WITHIN THIS CHAPTER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney stated there are some items that are not resolved between the two current franchise holders and there have been some requests for input by one or both of them on issues that would be -12- 1/27/87 inappropriate for the Commission to discuss publicly. Neither side has been given an opportunity to discuss these issues nor was the Staff aware they were going to be raised. They have had no opportunity to research compliance with the current franchise, or issues of combined work by both franchise holders subsequent to the renewal. The Commis- sion would be put in a difficult situation at the moment without suffi- cient facts. He requested it be postponed until the next regular meeting on February 10, 1987. Mr. Bird moved for the continuance of Ordinance No. 8-87, until the regular agenda on February 10, 1987, in the Commission Chambers, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Ordinance No. 9-87 - Amending Code - The Baseball School. Ordinance No. 9-87 amending Ordinance No. 33-85, to more adequately define the conditional use approved for The Baseball School, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 10, 1987. The City Manager presented Ordinance No. 9-87: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2(a) OF ORDINANCE NO. 33-85, WHICH ESTABLISHED SAD (SPECIAL ACTIVITIES) DIS- TRICT FOR PROPERTY LOCATED SOUTH OF DOTTEREL ROAD, IF EXTENDED EAST, BETWEEN JAEGER DRIVE AND THE F.E.C. RAILROAD, BY DELETING THE WORD "BALLPLAYERS" AND ADDING THE WORDS "ATHLETES AND/OR STUDENTS" TO MORE ACCURATELY DESCRIBE THE CONDITIONAL USE WHICH IS PERMITTED IN THIS SAD ZONING DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 9-87, on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 20. Settlement of H. & J. Scott, Inc. vs City of Delray Beach. The City Attorney recommended the suit be settled. The settle- ment is that they are withdrawing their lawsuit and the City will not pursue attorney fees but will issue the necessary permits. The plain- tiff has complied with the City's Satellite Dish Ordinance by having submitted the materials necessary and the City has accepted them. If the Commission concurs, they will take a voluntary dismissal of their lawsuit with prejudice. Mr. Bird moved for approval of the settlement, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Rezoning of County Pocket. Mayor Campbell stated the Planning and Zoning Board had recom- mended MI (Medical Institution) and the Commission had requested it remain residential. It was the consensus of the Commission that Staff should be present at the Public Hearing to be held on January 29, 1987, and advise the County Commission that the petition is not consistent with the City's Land Use Plan. Mrs. Horenburger moved to direct the City Manager to assure a Staff member be present at the January 29, 1987, meeting regarding the rezoning of the county pocket, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. -13- 1/27/87 ! Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 9:50 P.M. City 'Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of which minutes were formally approved and adopted by the City Commission onJ~. ~ .~, /~;~ . · · ~ City-Clerk 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. -14- 1/27/87