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02-10-87 FEBRUARY 10, 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 7:10 P.M., Tuesday, February 10, 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 Commissioner Jimmy Weather- spoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a. Mayor Campbell presented a proclamation proclaiming the month of February as "American History Month". A representative from the Jonathan Dickinson Chapter of the Daughters of the American Revolution came forward to accept the procla- mation. 4.b. Mayor Campbell read a proclamation proclaiming February 19, 1987, as "Founders Day" for the Knights of Pythias Lodge 206. Members from Lodge 206 came forward to accept the proclamation. 4.c. Mayor Campbell read a proclamation proclaiming February 19, 1987, as "Founders Day" for the Knights of Pythias Atlantic Lodge 217. Members from Lodge 217 came forward to accept the proclamation. 5. Mr. Bird moved for agenda approval, seconded by Mr. Weather- spoon. 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. PUBLIC HEARING 6. Ordinance No. 2-87 - Delray Lincoln-Mercury Annexation. Ordinance No. 2-87, relative to annexing a 2.71-acre parcel of land, subject to SC (Specialized Commercial) District, located south of Linton 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. 2-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 28, INCLUSIVE, BLOCK 20, DEL RATON PARK, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 14, PAGE 9, LESS THE RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2147, PAGE 335 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 3012, PAGE 1801 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN FEDERAL HIGHWAY AND DIXIE HIGHWAY; REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED COMMERCIAL) DIS- TRICT; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 2-87 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. 2-87 on Second and FINAL Reading, seconded by Mr. Bird. 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. 7. 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 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. 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. (Copy of Ordinance No. 4-87 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. Mrs. Horenburger moved for the adoption of Ordinance No. 4-87 on Second and FINAL Reading, seconded by Mr. Bird. 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. 8. Ordinance No. 5-87 - Amendinq 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 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. 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 -2- 2/10/87 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. (Copy of Ordinance No. 5-87 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. Mrs. Horenburger moved for the adoption of Ordinance No. 5-87 on Second and FINAL Reading, seconded by Mr. Bird. 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. 9. Ordinance No. 6-87 - Amending Zoning 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 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. 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. (Copy of Ordinance No. 6-87 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. Bird moved for the adoption of Ordinance No. 6-87 on Second and FINAL 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: Upon question by Mrs. Horenburger, the City Attorney advised that they did remove the prohibited uses and tightened up the permitted uses. They reworded the ordinance so that the uses are listed listed as permitted uses with some exceptions, rather than a section on prohibited uses. There is also an additional section added by the Planning and -3- 2/10/87 Zoning Department concerning the technical sections on site area and lot dimensions. Mr. Dougherty questioned if there is any need to reference that there be some compliance with the City's pretreatment and industrial waste ordinance. The City Attorney advised he feels it would supersede the zoning code and it is not necessary to reference it. Mr. Dougherty stated they are specifying certain types of installations which will, obviously, discharge chemical and hazardous waste. He feels they should include a reference which would make any such use in compliance with the industrial waste ordinance. The City Attorney stated it would not do any harm to put a warning in this ordinance; however, if they do that, he feels they should put one in all the zoning districts. He suggested that staff should be directed to go back and, in the appropriate dis- tricts, include it as a warning that they should be aware of. Mr. Bird suggested that they approve this ordinance, as draft- ed, and make a separate motion to direct staff to make the appropriate changes. He advised that he will bring this up during his non-agenda items. At this point the roll was called to the motion. 10. 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 (Light Industrial) District, 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. 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. (Copy of Ordinance No. 7-87 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. Bird moved for the adoption of Ordinance No. 7-87 on Second and FINAL 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. 11. 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 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. 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 -4- 2/10/87 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. (Copy of Ordinance No. 9-87 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. Bird moved for the adoption of Ordinance No. 9-87 on Second and FINAL Reading, seconded by Mr. Dougherty. 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. 12. Ordinance No. 12-87 - Changing the City's Land Use Plan Desiq- ~ation (Chapel Building for Haitian Community). Ordinance No. 12-87, relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a two acre parcel from P (Public) to SF (Single Fami- ly), located at the northwest corner of S.W. 6th Street and S.W. 8th Avenue, is before the Commission for consideration on First Reading and First Public Hearing. If passed, Second Public Hearing will be held February 24th. The City Manager presented Ordinance No. 12-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PORTION OF LOT 25, OF THE SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM P (PUBLIC) TO SF (SINGLE FAMILY). THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF S.W. 6TH STREET AND S.W. 8TH AVENUE; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 12-87 on First Reading, seconded by Mr. Dougherty. 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. PROCEDURAL ITEMS 13. Mr. Bird moved for approval of the minutes of the Regular Meeting of December 16, 1986, seconded by Mr. Weatherspoono 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. 14.a.1. Mr. Weatherspoon stated that he attended the State Pre- Legislative conference in Tallahassee. He feels there were some impor- tant policies which the Committees came up with and looks forward to attending another one. 14.a.2. Mr. Weatherspoon stated that the Commission received a memo regarding the paving of N.W. 15th Avenue. It is his understanding that when staff paved the street they found there was a problem with the right-of-way and they looked at the possibility of using the alley to extend it on through. He feels that staff should look into whatever it takes to complete that project. -5- 2/10/87 14.a.3. Mr. Weatherspoon stated he would like staff to look at the appropriate ordinance which addresses zero lot lines on inside lots to see if it would be applicable for outside lots. If it is appropriate, they could pass this on to the Planning and Zoning Board. 14.a.4. Mr. Weatherspoon stated they passed an ordinance several months ago regarding properties which abut rights-of-way and the property owner had to maintain that property. This was brought to his attention, and after reading the ordinance more thoroughly, he found that it also takes into consideration property in alleyways. He feels they need to read- dress this to see if this is what they really intended, or whether they want the City's personnel to maintain them. 14oa.5. Mrs. Horenburger stated she has heard from some people who have concerns about rezonings and land use plan changes in the County pockets which were included in the Enclave Act. She would like the Commission to entertain the possibility of them asking the County Commission, sitting as the zoning board, to hold off on any zoning or land use plan changes in any of those pockets until the Enclave Act issue is settled. Mayor Campbell stated he would like to go one step further and ask that the County not do anything with regard to a pocket that may be potentially annexed into the City. Mr. Dougherty stated he talked to the City Attorney about this matter and he believes there is, in process, the preparation of an ordinance. The City Attorney advised there is a resolution being prepared. Mrs. Horenburger stated that the next meeting the County is having is on February 23rd. It was the consensus of the Commission to have the resolution on a Special Meeting agenda, preceding the workshop meeting. 14.a.6. Mrs. Horenburger stated she is aware that they received a memo regarding the bypass area and that the County is working on the traffic signals. However, the turn signals at the intersection of Swinton Avenue and N.W. 1st Street appear to be malfunctioning. She requested that they get in touch with the County again and get it straightened out. 14.a.7. Mrs. Horenburger stated she was also going to bring up the subject of the alleyways and feels that they do need to revisit it. 14.a.8. Mr. Bird moved that they ask staff to amend all of the ordi- nances in the districts where one might logically expect industrial waste to be created and amend those to show, somewhere, a reference to the industrial waste ordinance so that people anticipating going into those zoning districts would be forewarned of its existence, 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. 14.a.9. Mr. Bird stated that he would like to go back and revisit Ordinance No. 8-86 which was relative to live-aboard vessels and identi- fied the areas, RM-10 and RM-15, where they may have boats which they reside upon. Mayor Campbell suggested they place this on next week's work- shop agenda. Mrs. Horenburger left the Commission Chambers at this time. 14.a.10. Mr. Bird stated he has in front of him a copy of an ordinance from Tampa, authorized by Florida Statutes 166, which establishes storm water drainage fees. It would permit them to abate the storm water utility problems. He will be sending this on to the City Attorney and City Manager. He requested that they send it out in this week's package and schedule it for the workshop meeting in two weeks. -6- 2/10/87 14.a.ll. Mr. Dougherty stated that in December a question was raised about the beautification of Atlantic Avenue from the Intracoastal Waterway to 1-95. He questioned if anyone has made contact with DOT with respect to this. The City Attorney stated they have received nothing new from DOT. His recollection of the discussion was that, before they pursued it further on a staff level, they hoped the Commission would have called upon people in Tallahasseeo The problem was with the designation of who had responsibility, including liability language. In order for the City to do beautification, or maintenance, on DOT rights-of-way, including the median strips, we are required to obtain a permit to do so; it is the language of that permit which they have a problem with. Mrs. Horenburger returned to the Commission Chambers at this time. Mr. Bird left the Commission Chambers at this time. Mr. Dougherty stated if that issue is going to be an impediment to the beautification project then he feels some direct contact should be made. The City Attorney advised they will try again, at staff level. The City Manager stated he feels it is going to take the Mayor getting involved in this project to help move it along. 14.a.12. Mr. Dougherty stated he noticed they are beginning to work on the office building project on Atlantic Avenue, close to Homewood Boulevard. He questioned if they are going to require that they put in a sidewalk in front of that property. Mayor Campbell stated if they have not approved the site plan, they can make it part of the site plan approval. He requested that the City Manager make Stan Weedon, Acting Director of Planning, aware of the Commission's comments and Mr. Dougherty's concern so that he can tell the developer, up front, what might be expected. 14.a.13. Mr. Dougherty questioned the status of the contracts for the beautification project; they approved the proposals from two firms and he has yet to see the contracts. The City Attorney advised that the contract with Sasaki & Associates is in its final stage. They have a problem with the other contract because the architect could not meet the bid specs for the professional liability insurance. The architect is working on this and when the issue of the insurance is resolved it will resolve the contract problem. Hopefully, it will be ready to go by the next workshop meet- ing. 14.a.14. Mr. Dougherty stated he would like the Commission to consider the possibility of authorizing the inclusion of an architect/engineer service in the Utility Tax Bond issue for the purpose of initiating the preliminary study for the use of the Elementary School property. He understands that if they went ahead and authorized $45,000 to $50,000 for the preliminary work that it may be a reimbursable expense. He feels they should amend the ordinance they passed in December to in- clude, in the Utility Tax Bond issue, this expense for the School Board property study. Mayor Campbell suggested that they have the City Manager give them an estimate on what the dollar figure would be and come back to the Commission so they can have a cost approval. He presumes that what Mr. Dougherty is talking about is an engineering study to determine the soundness of the buildings, what condition they are in and the long term use. Mr. Dougherty stated that is part of it; however, no one seems to know what they want to do with that property. He feels the con- ceptual design needs to be defined. Mayor Campbell stated they have already determined that the old school would be primarily utilized by the Historical Society as a museum and for some offices. With regard to the new building, the 1926 build- ing and gymnasium, they do not have a conceptual plan at all. It was thought that Frances Bourque and the Historical Society Committee, -7- 2/10/87 meeting with the City Manager, were to come back to the Commission with a concept on what would be most appropriate for the second phase. They hope, and he believes it is their preference, that it should be utilized as a cultural, civic affairs center. Mrs. Horenburger stated there has been some discussion of the possibility of the newer building becoming a cultural arts center. She met with Mr. Wilray, Director of the Palm Beach County Council of the Arts, and one of his board members; they looked at the school and they were very excited about that possibility. They also talked about the possibility of going to some of their sources for private funding to support this kind of center. She feels that they need to begin to look at the possible funding sources and one suggestion was a three way partnership between the School Board, the County and the City of Delray. She concurs with Mr. Dougherty that it is time they went ahead and hired an architect and really looked at this building. Mayor Campbell stated if they are going to be reimbursed it may be easier to get an idea of the amount and use Contingency Fund monies. He requested that the City Manager draft a proposal, in line with the discussion tonight, and bring it to the next regular meeting for a vote. Also, get some preliminary ideas of cost estimates and what the archi- tect/engineer would be able to provide to the City. Mr. Weatherspoon stated they have heard they are going to get the school, but do they know when. The City Attorney advised the School Board has just acquired the property to erect the new school. Given that, they have yet to start construction, and they would not want to start students in the new school until the beginning of the school year. He cannot see the City getting the Elementary School until August of 1988 or 1989. Mr. Weatherspoon stated they have not sat down as a body and discussed this issue. He suggested that they place this on a workshop agenda and invite Frances Bourque and her committee to come to the meeting. Following discussion it was the consensus of the Commission to have discussion on this issue at the March 3rd workshop meeting. 14.a.15. Mayor Campbell stated that he understands the City Manager is having discussions regarding a City-wide trash pickup and he will be coming back to the Commission with a report to possibly alter the methods to deal with trash pile-ups. Upon question by Mayor Campbell, the City Manager advised that he is waiting for some new figures from Waste Management and he will try to have them for next Tuesday night. 14.a.16. Mayor Campbell stated that the Commission does have some unfinished business from the fall dealing with trash on West Atlantic Avenue. He would like them to all rethink the issue and how they are going to deal with this problem. They could possibly discuss this in conjunction with the trash pickup program. 14.b.1. The City Attorney advised, with regard to the N.W. 5th Avenue property, that they have resumed negotiations with the new owner of the property and he has indicated a willingness to sell for approximately the same price as they had originally negotiated with Mr. Barnes. Hopefully, he will have an affirmative report by the next meeting. 14.b.2. The City Attorney advised, with regard to the Georgia Town Tavern, that they have received a new settlement offer from Mr. Thomas. Specifically, he has agreed to enter into the stipulation which had originally been proposed; i.e., that he would restrict and sell his liquor license elsewhere and not utilize it again in the City and, further, that he would sell the building and property, not contents, for $50,000. Whether or not the Commission wishes to discuss it this evening, there is a possibility that he may be able to structure the finances of the offer slightly differently and perhaps lower the price. This is still being worked on by his office and others, and it may be premature for them to consider it this evening. He is hoping to have a more formalized offer for the Commission by the next regular meeting. -8- 2/10/87 Mayor Campbell stated if something should develop within the next few days they could put this on as a special item next Tuesday, prior to the workshop meeting. It was the consensus of the majority of the Commission that they are agreeable to further negotiate. Mr. Bird returned to the Commission Chambers at this time. 14.c.1. The City Manager stated the Commission has received a number of letters from the Woodlake Homeowners' Association relative to the street lighting. The City will be increasing the intensity of the lighting in the area and have had the area engineered by FP&L. However, it will be April before FP&L will be able to do the work. 14.c.2. The City Manager advised that the Carver Park improvements should be completed fairly soon and they are hoping to have a grand opening ceremony in May. Mr. Weatherspoon stated that Carver Park and Block 48 need additional parking and he feels they should look at this in the future. 14.c.3. The City Manager advised that the northwest drainage project is 90% complete and should be completed by May 23rd. 14.c.4. The City Manager advised, with regard to Barwick Park, that the heart trail has been installed courtesy of Delray Community and Pine Crest. 14.c.5. The City Manager advised that there will be beach gazebos placed on the beach starting on February 16th and this project will take approximately 60 days. 14.c.6. The City Manager advised that the lights on Atlantic Avenue from Homewood Boulevard to Military Trail have been put in place and are lighted; it takes approximately 30 days to have them completely burned in. Citizens have been concerned about the completion of the traffic signal at Lowson and Congress. This is a County project and they are scheduling a completion date of March 15th. As of tonight they were burning in the new light on Atlantic Avenue at Hamlet. Hopefully, that will be burned in and operable by March 15th also. 14.c.7. The City Manager stated that some time ago they discussed the possibility of a mausoleum at the cemetery. They sent out eight request for proposals, after working in conjunction with the Funeral Directors' Association, and received no replies. The Parks Department is going to continue researching this and may try to do individual negotiations. 14.d.1. Theodis Brown, 616 Lake Ida Road, stated he has been thinking about the child medical center out west and feels that they should have more room. He also feels they should have some kind of dental care for children under a certain age. 14.d.2. Mr. Brown stated that he feels they should enlarge the basket- ball court on the south side of the City. Mayor Campbell stated he will mention that to Mr. Weldon, Director of Parks and Recreation. 14.d.3. Gertrude Carter, N.W. 15th Avenue, stated that since the City does not have the right-of-way to complete N.W. 15th Avenue she would like to see it dead-end at the south side of her property and the alley paved. Mr. Bird left the Commission Chambers at this time. 14.d.4. Gertrude Green, 3752 Lake Ida Road, asked for a clarification on the Commission's action with regard to Item 7, Ordinance No. 4-87. Assistant City Attorney Kurtz advised that if the City has not foreclosed upon the lien within five years it will expire. -9- 2/10/87 CONSENT AGENDA Mr. Dougherty requested that Item 17 be removed from the Consent Agenda and placed as first item on the Regular Agenda. The following items were considered by the Commission as the Consent Agenda: 15. Ratification of South Central Regional Wastewater Treatment and D~sposal Board Action at January 15th Meeting. The Commission is to consider ratification of: a. Accepting portions of the ongoing plant expansion for substan- tial completion. b. Execution of amendment to agreement between the Cities of Delray Beach and Boynton Beach and S.G. Phillips Constructors of Florida, Inc., to allow for reduction of retainage provided the retainage being held by the owner shall be maintained at a level for the remainder of the project in an amount equal to twice the value of the work to be performed from time to time. This was approved 8-0 by the SCRWTD Board. 16. Final Plat Approval - J.T. Graeve Subdivision. The Commission is to consider a request for final plat approval for J.T. Graeve Subdi- vision, a replat of Lots 79, 80 and 81, Block 32, Del-Raton Park, located on the south side of Avenue "L", between Frederick Boulevard and Spanish Trail. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following condition: 1. Provide a five (5) foot sidewalk along the frontage of this property on Avenue "L". This sidewalk shall be located at the rear of the right-of-way line. 18. Knights of Pythias Decal. The Commission is to consider a request to place a Knights of Pythias decal on the wire fence at the borderline of Delray Beach and Boynton Beach. 19. Water Service Agreement - Barnett Bank (West Atlantic Avenue). The Commission is to consider a request for a water service agreement from Barnett Bank of Palm Beach County for the Barnett Bank branch office on West Atlantic Avenue, located on the south side of West Atlantic Avenue, between Barwick Road, if extended south, and Military Trail. The Planning and Zoning Board and Acting Planning Director recommend approval. 20. Community Development Block Grant Program Activities - Housing Rehabilitation - Last Resort Housing. The Commission is to consider acceptance of a donation from William L. Wallace, President of Bill Wallace Ford of two single family dwellings, located at 1107 and 1121 Queens Avenue. Approval is recommended. 21. Community Development Block Grant Pro~ram Activities - Housing Rehabilitation Contract Award. The Commission is to consider award of a contract to LaPlant-Adair Company for moving the two structures at 1107 and 1121 Queens Avenue, in the amounts of $16,380 and $9,000 each. Approval is recommended. 22. Community Development Block Grant Program Activities - Housing Rehabilitation Grant Award and Contract Award. The Commission is to consider approval of the following Housing Rehab Grant Awards: Low Bidder Location Amount Henry L. Haywood 520 S.W. 15th Avenue $13,880 Henry L. Haywood 311 N.W. llth Avenue 12,085 Henry L. Haywood 1327 N.W. 3rd Street 13,585 Funds are available in the Community Development Block Grant Program. Approval is recommended. -10- 2/10/87 23. Request for Solicitation of Funds - Trinity Council #4839, Knights of Columbus for Palm Beach County Mentally Retarded and Physi- cally Handicapped. The Commission is to consider approval of solicita- tion for March 6 and March 7, 1987. Approval is recommended. 24. Co-op Fuel and Oil. The Commission is to consider award of contracts to the following low bidders: Chevron U.S.A. Delivery by transport Nanas Petroleum Delivery by tankwagon Belcher Oil Oil supplies Estimated annual dollar usage is $140,000 and funds will come from the various departmental accounts. Approval is recommended. 25. Ratification of Sale of Surplus Property. An auction was held on January 31st at 10:00 A.M. for the sale of surplus City property. A total to the City of $22,143.60 was realized from the sale. The Commis- sion is to consider ratification of the sale of surplus property. Approval is recommended. 26. Representative for Testing Automatic Tabulating Equipment and as Additional Member of Canvassing Board. The Commission is to consider designating Jackie Winchester, Supervisor of Elections for Palm Beach County, as representative for the testing of the automatic tabulating equipment at 10:00 A.M., March 9, 1987 and as additional member of the City's Canvassing Board to represent the City in the pre-election test on Tuesday, March 10, 1987. Mrs. Horenburger moved for approval of the Consent Agenda, as modified, 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. REGULAR AGENDA 17. Acceptance of Easement Deed - The Extra Closet. The Commission is to consider a request for the acceptance of an easement deed for The Extra Closet, located on the east side of Military Trail, just north of the New Post Office. A water service agreement was approved for this property by the City Commission on July 1, 1986. Approval is recommend- ed. Mr. Dougherty stated that part of the original agreement was that the whole piece of property would be fenced in. They have now started construction and it is his understanding that they are only going to build about a third of the building with no intent to build the entire wall. He would like to call this to staff's attention that they want the wall in place. Mayor Campbell stated that if that was part of the understand- ing when they entered into a water service agreement, and they are in violation of it, they should ask staff to look into this and report back. They can still go ahead and accept the easement deed. Mrs. Horenburger moved to accept the easement deed for The Extra Closet, and ask staff to look into the problem of the wall, 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. 27. Site Plan Approval - Delray Park of Commerce (Tract M). The Commission is to consider a request for site plan approval for Delray Park of Commerce (Tract M), a proposed office development, located at the northeast corner of Congress Avenue and Lake Ida Road. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements -11- 2/10/87 1. Per Section 30-18 administrative relief is required in order to allow compact car parking space. Appropriate signage is required for compact car stalls per Section 30-18(C) (3) (e). 2. Maximum compact car spaces allowed is 30% of the total parking requirement. Forty-seven percent of the parking spaces in Phase 2 are compact whereas 18% in Phase 1 are compact. Each phase should stand on its own; therefore, compact parking must be appropriately distributed. Administrative relief is re- quired from the Planning and Zoning Board and City Commission. 3. Phase line on landscape plan is not consistent with phase line on proposed site plan. 4. Utility easements conflict with required landscape buffers on north, south and east perimeters of Tract M. 5. Crape Myrtle do not meet minimum specifications required of 12 feet in height with 6 foot spread. Additionally applicant may want to consider changing some of the 32 proposed Crapes to some type of shade tree as the Crapes are deciduous and totally leafless from February until May. 6. Recommend additional foundation plantings for the west side of the building. 7. There are four landscape islands in phase I that do not have any trees in them. 8. Show existing and proposed drainage. Procedural Requirements 9. All advertising signs shall be approved by the Building Depart- ment and the Community Appearance Board. 10. Approval of the L.W.D.D. is required in order to allow paving to encroach into the drainage retention easement. 11. All improvements shall be completed in accordance with the approved site plan. 12. This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of improve- ments are made by that time. If the approval expires, request for extension must be made in accordance with Section 30-22(E) of the Zoning Code. 13. This approval will expire unless three (3) copies of the revised plans addressing all the conditions noted above are submitted to the Planning Department within thirty (30) days of City Commission's approval. 14. Provide a fire hydrant in front of Phase II building in the landscape island, near center, maximum 500 feet facing road travel between hydrants, including access road. Mrs. Horenburger moved for site plan approval for Delray Park of Commerce (Tract M), 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. Mr. Bird returned to the Commission Chambers at this time. 29. Delray Beach Sports Advisory Committee. The Commission is to consider formation of Committee, commencing February 10, 1987, for a period of one month, to advise on sports matters. Members suggested are Robert Miller and Robert Federspeil. Approval is recommended. Mayor Campbell stated it was the intent to set up an advisory committee immediately and that each Commissioner shall recommend three members. Mrs. Horenburger moved to set up the Delray Beach Sports Advisory Committee, commencing February 10, 1987, for a period of one month, to advise on sports matters, seconded by Mr. Bird. 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. -12- 2/10/87 30. Policy Consideration for Cost Sanitary Sewer Service Exten- sions. The Commission is to consider potential for cost recovery of a portion of the usual construction costs for sanitary sewer installa- tions. Approval is recommended. Robert Pontek, Director of Public Utilities, stated that several weeks ago they discussed the option of providing some type of policy and direction to staff for the cost sharing for sanitary sewer service extensions. They generated a figure of $1,700 which was some- what of a mid range between wet and dry construction. The policy was aimed at allowing a fair amount of flexibility for the Commission to establish small areas which would be provided sanitary sewer service and a means by which to recover some of the construction cost for those particular areas. Mr. Dougherty stated it is his understanding that they were going to limit the charge to $17 a quarter or $1,700 per hundred foot. This would be a front foot assessment but the assessment would not exceed $1,700 per hundred foot. If someone had a piece of property which was 300 feet long he would only be paying $1,700 but it would be costing the City substantially less and yet that piece of property could later be subdivided into two or three lots. He feels that this proposal does not quite fit what his understanding was. Mr. Pontek stated perhaps he misconstrued the intent as he thought that if, for example, a person had a 60 foot or 100 foot front- age he would still be a benefitted user; therefore, should the person with a 100 foot lot and the same size home as the person with a 60 foot lot pay a differential. Mr. Dougherty stated he feels it is fair to use the front foot assessment and then a person with only a 50 or 60 foot lot will pay his appropriate share. Mrs. Horenburger left the meeting at this time. Mr. Bird stated that he feels an average benefitted user fee probably, in the long run, is in the best interests. If they use a straight front footage then, obviously, everyone with lots over 100 feet will be substantially benefitted. He is not sure that they can make an assessment based on front footage and say that that is as equitable as it can be. Mayor Campbell returned to the Commission Chambers at this time. Mayor Campbell questioned if they have made any distinction between commercial or residential users. Mr. Bird clarified that Mr. Dougherty's point was that he would still cap it at $1,700 and his point was that he agreed with Mr. Pontek that the minimum would be per benefitted user. Discussion followed on how they arrived at the figure of $1,700. Mayor Campbell stated they have already discussed this at a workshop meeting and went with the recommended figure of $1,700. Mr. Bird stated that Mr. Dougherty seems to have a problem with the proposal before them. Mayor Campbell stated he thought that the proposal before them is also what they decided upon at the workshop meeting. Mayor Campbell stated that it appears they are not clear on the issue and they will pass over this item tonight. 31. Water Service Agreement - Highland Trailer Park. The Commis- sion is to consider a request for extension of water service agreement for 30 days for Highland Trailer Park. Mr. Bird moved to extend the water service agreement to March 10th, as it would conform with one of their regular meetings, in case there is another problem, seconded by Mr. Dougherty. Upon roll call the -13- 2/10/87 Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, upon question by Mr. Weatherspoon, the City Attorney stated that they are getting closer to getting all the neces- sary information. They submitted all the documents, except the neces- sary death certificates, to the Assistant City Attorney yesterday and they are still witnessed incorrectly. He feels that if they are not done by March 10th, they will not be done. At this point the roll was called to the motion. 32. Appointment - Civil Service Board. The Commission is to consider the appointment of an alternate member to the Civil Service Board to a term ending July 1, 1987 and clarification of Virginia Cady's position and term. Mr. Bird moved to appoint Virginia Cady to serve for a two year term to serve as Chairman of the Civil Service Board, incorporating the reimbursement for expenses as delineated, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - No; Mr. Dougherty - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion failed by a 3 to 1 vote. (Mr. Bird requested that his "yes" vote be changed to a "No" vote). Before roll call the following discussion was had: Mr. Weatherspoon stated that by doing this he is sure the argument will be raised that there are other boards which are just as important. Even though he recognizes the need for the expertise, it is hard for him to justify this and he has a problem with it. Mayor Campbell stated that the Civil Service Board is unique in that the City is usually a party; where there is a potential advosarial relationship the people who serve on that board are not merely your advisors, they are the people who could affect the future of the City. Therefore, you want to make sure they understand, not only their role, but also that they have an unprejudiced and fair view of the City's position. Mr. Dougherty stated he feels they are setting a bad precedent by extending Mrs. Cady's term. He would rather see them make the terms last for four years and allow the members to serve two terms. Also, he does not know what the justification is for paying the Civil Service Board chairman and he cannot vote for this. At this point the roll was called to the motion. 33. 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 24th. 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. -14- 2/10/87 The City Attorney advised that the Commission has been fur- nished some additional material on the subject. There are some alterna- tives; the one which was in their agenda package would provide for a franchise area which is greater than the one which Sunbelt-Denntronics currently has. An investigation has revealed that they are currently providing service to a development which is outside of their designated franchise area. If it is the Commission's desire to extend the fran- chise to include this area then the ordinance which was in the agenda package would be the one they should adopt. However, if it is not their desire to do so, and as an alternative, they could potentially renew their franchise for the existing franchise area and require that Sunbelt-Denntronics pursue an application for extension of the fran- chise, independently and separately from the renewal of the current franchise geographic area. If it is the Commission's intention not to renew the franchise, then they would not adopt the ordinance tonight. By so declaring, it would trigger the provisions of the Cable Act where they would then have to go through an administrative hearing process which would deal with the terms and conditions of denying the renewal. For purposes of clarity, the first option, which includes Hanover Square, will be called Alternative #1 and the second option will be called Alternative #2. Dennis Chambers, General Manager of Sunbelt-Denntronics, stated they are requesting that the Commission renew their franchise. They are presently about 250 feet outside their franchise area and only have two or three customers in that area. This was not done deliberately and they wish to remedy the situation. Mr. Weatherspoon stated he is not in favor of granting an expansion of the franchise; however, he would grant a renewal of the existing franchise. They do not have a penalty in place to handle this type of thing and he would like to see the Commission put a penalty in place similar to the County's. The City Attorney advised that there is, currently, a penalty provision in the franchise which they have to abide by. The City Attorney stated, for the record, that he did receive a copy of correspondence from Leadership Cable dated February 9, 1987, which they distributed to the Commission this evening. David Baker, representing Leadership Cable, stated there are two issues before the Commission this evening; expansion of the fran- chise and renewal of the franchise. He advised that when Mr. Chambers originally got his franchise he was serving 650 people and now, three years later, he is serving 800. He stated that Sunbelt-Denntronics is in the City because they violated a building code three years ago; they have also violated the franchise by failing to pay the franchise fees in a timely fashion and by not submitting a building plan as they should have. Leadership feels this merits not only the consideration of not expanding the franchise, but also, postponing any renewal until such time as they have shown they are willing to abide by the franchise agreement. Upon question by Mr. Dougherty as to whether or not it is true that Sunbelt-Denntronics was given the franchise because they were in violation of the City's code, the City Attorney advised that that was the City's position at the time. They erected a satellite dish struc- ture and provided cable services. Mayor Campbell stated that he has not had a chance to study the expansion area and is inclined to go ahead and approve the ordinance tonight which deals with the existing franchise. He would welcome the opportunity to look at any extension; however, he is not ready to do that tonight. Mr. Bird moved for the adoption of Ordinance No. 8-87, Alter- nate No. 2, on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -15- 2/10/87 34. Ordinance No. 10-87 - Amending Zoning Code - MOI (Medical bffice and Institutional) District. Ordinance No. 10-87, amending Chapter 30 "Zoning" of the Code of Ordinances designed to implement policies adopted by the City Commission as part of the Policy Guide to the Land Use Element of the Comprehensive Plan, is before the Commission for consideration on First Reading. This will provide a district primarily oriented toward medical uses and in support of the Delray Beach Community Hospital. If passed, Public Hearing will be held February 24th. The City Manager presented Ordinance No. 10-87: 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 ENACTING A NEW SECTION 30-15.6, "MOI MEDICAL OFFICE AND INSTITUTIONAL DISTRICT" , WHICH PROVIDES (A) "PUR- POSE''; (B) "PERMITTED USES"; (C) "CONDITIONAL USES"; (D) "LOT DIMENSIONS AND SITE AREA"; (E) "AGGREGATE FLOOR AREA REQUIREMENTS"; (F) "BUILDING SETBACKS"; (G) "BUILDING HEIGHT"; (H) "PARKING AND LOADING REGULATIONS"; (I) "WALLS AND FENCES"; (J) "LANDSCAPING"; (K) "SIGNS"; 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. 10-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 35. Ordinance No. 11-87 - Amending Zoning Code - Furniture Uphol- stery Shops and Fabric Shops. Ordinance No. 11-87, amending Chapter 30 "Zoning" of the Code of Ordinances to allow furniture upholstery shops and fabric shops as an accessory use within certain commercial zoning districts, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 24th. The City Manager presented Ordinance No. 11-87: 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 AMENDING SECTION 30-10 "CC (COMMUNITY COMMERCIAL) DIS- TRICT'' (B) "PERMITTE~ USES"; SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (B) "PERMITTED USES"; SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT" (B) "PERMITTED USES"; SECTION 30-13 "CBD (CENTRAL BUSINESS) DISTRICT" (B) "PERMITTED USES"; SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DISTRICT" (B) "PERMITTED USES"; BY ADDING "FABRIC STORES" AS A PERMITTED USE; BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (B) "PERMITTED USES"; SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DIS- TRICT'' (B) "PERMITTED USES"; SECTION 30-13 "CBD (CENTRAL BUSINESS) DISTRICT" (B) "PERMITTED USES"; SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DISTRICT" (B) "PERMITTED USES", BY ADDING "FURNITURE UPHOLSTERY SHOPS, WHEN ACCESSORY TO THE PRIMARY RETAIL USE AND NOT TO EXCEED TWENTY-FIVE PERCENT (25%) OF THE TOTAL FLOOR AREA" AS A PERMITTED USE; 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. 11-87 on First Reading, seconded by Mr. Dougherty. Mr. Bird stated he has a problem with putting furniture uphol- stery shops in the Limited Commercial district and is not sure that this use, which borders between light industrial and commercial, is -16- 2/10/87 appropriate. If the Commission concurs he would like to take out furniture upholstery shops as a permitted use in the LC district. The City Attorney advised that they would then be deleting Section 9 from the ordinance and renumbering the following sections. Mr. Bird amended his motion as suggested, Mr. Dougherty amended his second. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 36. Ordinance No. 13-87 - Delray Beach Historic Preservation. Ordinance No. 13-87, relative to creating a Historic Preservation Board for the City, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 24th. The City Manager presented Ordinance No. 13-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING CHAPTER 31, "HISTORIC PRESERVA- TION'' TO THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE WITHIN ARTICLE I "GENERAL", FOR LEGISLATIVE INTENT AND PURPOSE, TO PROVIDE DEFINI- TIONS; TO PROVIDE WITHIN ARTICLE II, "HISTORIC PRESERVA- TION BOARD", FOR THE CREATION AND COMPOSITION OF THE PRESERVATION BOARD, TO PROVIDE TERMS OF OFFICE, TO PROVIDE FOR ORGANIZATION OF THE BOARD, TO PROVIDE FOR DUTIES, FUNCTIONS AND POWERS OF THE BOARD GENERALLY; TO PROVIDE WITHIN ARTICLE III, "DESIGNATION OF HISTORIC SITES", DIVISION ONE, "DESIGNATION STANDARDS", FOR THE RELATIONSHIP TO ZONING DISTRICTS, TO PROVIDE FOR CLAS- SIFICATIONS OF STRUCTURES AND BUILDINGS, TO PROVIDE PRESERVATION STANDARDS, TO PROVIDE DEVELOPMENT STANDARDS; TO PROVIDE WITHIN ARTICLE III, "DESIGNATION OF HISTORIC SITES", DIVISION TWO, "DESIGNATION PROCEDURES", FOR THE NOMINATION FOR HISTORIC SITE DESIGNATION, TO PROVIDE FOR NOMINATION, NOTIFICATION AND HEARINGS, TO PROVIDE FOR BOARD RECOMMENDATIONS AND APPEALS, TO PROVIDE FOR A LOCAL REGISTER OF HISTORIC PLACES; TO PROVIDE WITHIN ARTICLE IV, "CERTIFICATE OF APPROPRIATENESS", FOR BASIC REQUIRE- MENTS, TO PROVIDE FOR REVIEW GUIDELINES, TO PROVIDE FOR REVIEW INITIATION AND PROCEDURES, TO PROVIDE FOR DEMOLI- TION OF HISTORIC SITES AND WITH HISTORIC DISTRICTS; TO PROVIDE WITHIN ARTICLE V, "SPECIAL PROVISIONS FOR ADMIN- ISTRATION AND ENFORCEMENT", FOR VARIANCES, TO PROVIDE FOR AMENDMENTS TO DESIGNATIONS, TO PROVIDE FOR ORDINARY MAINTENANCE AND REPAIR, TO PROVIDE FOR ENFORCEMENT OF MAINTENANCE AND REPAIR PROVISIONS, TO PROVIDE FOR UNSAFE STRUCTURES, TO PROVIDE FOR EMERGENCY CONDITIONS, TO PROVIDE FOR INSPECTIONS, TO PROVIDE FOR UNDUE ECONOMIC HARDSHIP, TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney advised that the Commission has been fur- nished a new handout this evening which has modified pages 15 through 20; there are no substantial, only technical, modifications. Mr. Bird moved for the adoption of Ordinance No. 13-87 on First Reading, seconded by Mr. Weatherspoon. Upon request by Mr. Bird, the City Attorney outlined the changes made to the ordinance. Mr. Bird stated he feels that this is a document which they can not only live with, but will enforce and ultimately enhance the City. Mr. Dougherty stated he has a major objection to the appoint- ment of a three man nominating committee; he sees no reason for this committee and feels that the Commission has the responsibility and -17- 2/10/87 wherewithal to make the appointments. He also feels that the members of the committee should not only be residents of the City, but also regis- tered voters. Mr. Dougherty commented on several other sections of the ordinance which he disagrees with. Mayor Campbell stated he does not feel that the Commission should sit and go over this ordinance in detail. If it is the consen- sus, he feels they should put it on a workshop agenda. The Commission concurred with Mayor Campbell. Mr. Bird withdrew his motion, Mr. Weatherspoon withdrew his second. 37. Ordinance No. 14-87 - Priest Annexation. Ordinance No. 14-87, relative to annexing a 0.64-acre parcel, subject to the GC (General Commercial) District, located north of Lake Avenue, between North Federal Highway and Dixie Highway, is before the Commission for consid- eration on First Reading. If passed, Public Hearing will be held March 10th. The City Manager presented Ordinance No. 14-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE SOUTH HALF OF THAT PART OF TRACT 1 LYING WEST OF U.S. HIGHWAY NO. 1, CORRECTION MAP SHOWING PROPERTY OF HARRY SEEMILLER, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 72 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED NORTH OF LAKE AVENUE, BETWEEN NORTH FEDERAL HIGHWAY AND DIXIE HIGHWAY; 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 GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 14-87 on First Reading, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 38. Ordinance No. 15-87 - Koerner Annexation. Ordinance No. 15-87, relative to annexing a 0.20-acre parcel, subject to the RM-Medium to Medium High Density Dwelling District, located on the west side of Florida Boulevard, between LaMat Avenue and Dogwood Drive, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 10th. The City Manager presented Ordinance No. 15-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 48, 49 AND 50, BLOCK 35, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE WEST SIDE OF FLORIDA BOULE- VARD, BETWEEN LAMAT AVENUE AND DOGWOOD DRIVE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 15-87 on First Reading, seconded by Mr. Bird. Upon roll call the Commission -18- 2/10/87 voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 39. Ordinance No. 16-87 - Proposed New Zoning District - Agricul- tural Residential Transitional. Ordinance No. 16-87, amending Chapter 30 "Zoning" of the Code of Ordinances permitting agricultural uses, is before the Commission for consideration on First Reading. This zoning district is required to be in place prior to annexation of County pockets with existing agricultural uses, allows agricultural and resi- dential uses and is designed to comply with provisions of the Enclave Act. If passed, Public Hearing will be held February 24th. The City Manager presented Ordinance No. 16-87: 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 ENACTING A NEW SECTION 30-5.1 "ART AGRICULTURAL RESIDENTIAL TRANSITIONAL DISTRICT", WHICH PROVIDES (A) "PURPOSE"; (B) "PERMITTED USES"; (C) "CONDITIONAL USES"; (D) "LOT DIMENSIONS AND SITE AREA"; (E) "AGGREGATE FLOOR AREA REQUIREMENTS"; (F) "BUILDING SETBACKS"; (G) "BUILD- ING HEIGHT"; (H) "PARKING AND LOADING REGULATIONS"; (I) "WALLS AND FENCES"; (J) "LANDSCAPING"; (K) "SIGNS"; (L) "PARK AND RECREATION LAND DEDICATION"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 16-87 on First Reading, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 40. Ordinance No. 17-87 - Proposed New Zoning District - Agricul- tural Commercial Transitional. Ordinance No. 17-87, amending Chapter 30 "Zoning" of the Code of Ordinances permitting agricultural uses, is before the Commission for consideration on First Reading. This zoning district is required to be in place prior to annexation of County pockets with existing agricultural uses. This district allows agricul- tural and commercial uses and is designed to comply with provisions of the Enclave Act. If passed, Public Hearing will be held February 24th. The City Manager presented Ordinance No. 17-87: 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 ENACTING A NEW SECTION 30-13.2 "ACT AGRICULTURAL COM- MERCIAL TRANSITIONAL DISTRICT", WHICH PROVIDES (A) "PURPOSE"; (B) "PERMITTED USES"; (C) "CONDITIONAL USES"; (D) "LOT DIMENSIONS AND SITE AREA"; (E) "AGGREGATE FLOOR AREA REQUIREMENTS"; (F) "BUILDING SETBACKS"; (G) "BUILD- ING HEIGHT"; (H) "PARKING AND LOADING REGULATIONS"; (I) "WALLS AND FENCES"; (J) "LANDSCAPING"; (K) "SIGNS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 17-87 on First Reading, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 41. Watermain Installation Adjacent to City Marina. The Commission is to consider an award of a contract to Southern Pipeline, Inc., for extension of a 6" line watermain along Marine Way from S.E. 2nd Street at a cost of $22,725, with funds to come from the 1986/87 Water and Sewer Fund. Approval is recommended. -19- 2/10/87 Mr. Weatherspoon moved to award the contract to Southern Pipeline, Inc., in the amount of $22,725, with funds to come from the 1986/87 Water and Sewer Fund, seconded by Mr. Bird. Mr. Dougherty questioned why they did not take bids for this work. Mr. Pontek stated that this contract was prepared rather quickly as the marine contractor is already there and they would like to get the watermain in while the road is torn up. They went to only one contrac- tor and asked him for a price on the job. Upon question by Mr. Dougherty as to whether or not they have any insurance that the price is right, Mr. Pontek stated that this is the same contractor they have been using for numerous City jobs and it is a reasonable price. Mr. Dougherty stated he feels that the price is high. Mr. Pontek stated if the Commission wishes he can go back and negotiate further. Mr. Weatherspoon stated he understands the urgency of doing this job. If Mr. Pontek feels that the price is a good one, they should go ahead and do the job; however, if it is not, they need to go back and negotiate. Upon question by Mayor Campbell, Mr. Pontek stated that it is a high price; however, the fact of the timing and that the contractor can complete the work now, the high price is appropriate. Mr. Dougherty made a substitute motion that Mr. Pontek go back and do the contract on a cost plus basis with a maximum price of $22,000, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 42. Survey Cost for Westerly Well Sites. The Commission is to consider approval for Post, Buckley, Schuh & Jernigan to perform survey work for acquisition of westerly well sites at a cost not to exceed $40,000, with funds to come from the 1984 Revenue Bond. Approval is recommended. Mr. Bird moved to approve Post, Buckley, Schuh & Jernigan to perform survey work for acquisition of westerly well sites at a cost not to exceed $40,000, with funds to come from the 1984 Revenue Bond, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 43. Requisition No. 16 - S.G. Phillips Constructors of Florida, Inc. The Commission is to consider authorizing payment of Requisition No. 16 in the amount of $46,319.22 for Regional Wastewater Plant Expan- sion. Approval is recommended. Mr. Bird moved to authorize payment of Requisition No. 16 in the amount of $46,319.22, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 44. Appointments - Board of Construction Appeals. The Commission is to consider the appointments of Richard Oldham, Sign Contractor, and M. Mark Marsh, Architect, to the Board of Construction Appeals to terms ending January 8, 1989. Mr. Bird moved to appoint Richard Oldham, Sign Contractor, and M. Mark Marsh, Architect, to the Board of Construction Appeals to terms ending January 8, 1989, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: -20- 2/10/87 Mr. Dougherty stated that Mr. Marsh is also with the firm of Digby Bridges and he has some concerns about possible conflict of interest. Mr. Bird stated that he does not know a lot of architects around who are willing to offer their services. He also does not know how you would meet all the necessary requirements to provide these specialties except by asking people to come forward and present their resumes. If a qualified architect comes forward then they should not turn him down in favor of a layperson. The City Attorney stated he feels it is unlikely that an architect would appear before this board. It is generally appeals of building contractors and it is now the forum which hears appeals of declarations of unsafe buildings. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 10:20 P.M. 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 February 10, 1987, which minutes were for- mally approved and adopted by the City Commission on - ~ City CIerk 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. -21- 2/10/87