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02-24-87330 FEBRUARY 24, 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 7:06 P.M., Tuesday, February 24, 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 Charles Carrin, Primitive Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of ~merica was given. 4.a. Mayor Campbell presented a proclamation calling for a first nonpartisan election to be held on Tuesday, March 10, 1987, between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. The City Attorney read the proclamation. 4.b. Mayor Campbell presented a proclamation commending and thanking Carl Howard for his many years of dedicated service to the City of Delray Beach. 4.c. The City Manager stated he has received a request that Item No. 21 be removed from the agenda and rescheduled for a later date. 5. Mr. Bird moved to approve the agenda, removing 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. PUBLIC HEARING 6. 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 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. 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 DELRAYBEACH, 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. (Copy of Ordinance No. 8-87 is on file in the official Ordi- nance Book) 331 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. 8-87 on Second and FINAL Reading, seconded by Mr. Bird. Mr. Weatherspoon posed a question as to the area covered by the franchise into which Sunbelt-Denntronics Cable, Ltd. has already expand- ed. The City Attorney stated that this ordinance did not include the expansion. Mr. Weatherspoon stated there should be some stipulation to ensure they retreat from the area into which they have encroached. The City Attorney advised this should be done separately, not in the renewal ordinance. They should be cited for a violation of the franchise as there are penalty provisions in the existing ordinance that could be utilized. They had requested the Commission expand their franchise in the renewal process, but the Commission decided at a prior meeting they did not want to do that. ~ Upon question by Mr. Dougherty whether Leadership Cablevision was demanding that Sunbelt-Denntronics Cable, Ltd. exit from their territory, the City Attorney advised that they were. Mr. Bird suggested the Commission approve the ordinance, subject to their removal of the cable that is installed in areas not granted in the franchise agreement, or the sale of same, within ninety days. The Commission concurred. Mr. Weatherspoon amended his motion as suggested by Mr. Bird. Mr. Bird amended his second. 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. 7. Ordinance No. 10-87 - Amending Zoning Code - MOI (Medical Office 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 to provide a district primarily oriented toward medical uses and in support of the Delray Beach Community Hospital, 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. 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. (Copy of Ordinance No. 10-87 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. -2- 2/24/87 332 Mrs. Horenburger moved for the adoption of Ordinance No. 10-87 on Second and FINAL Reading, seconded by Mr. Dougherty. 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. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the chair. 8. Ordinance No. 11-87 - Amending Zoning Code - Fabric Stores and Furniture Upholstery Shops. Ordinance No. 11-87, amending Chapter 30 "Zoning" of the Code of Ordinances to allow fabric stores and furniture upholstery shops as an accessory use within certain commercial zoning districts, is before the Commission for consideration on Second and FINAL Reading. 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) "PERMITTED 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. (Copy of Ordinance No. 11-87 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 returned to the Commission Chambers at this time. Mrs. Horenburger moved for the adoption of Ordinance No. 11-87 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; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 12-87 - Changing the City's Land Use Plan Desig- nation (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 nor~hwem~ morner of S.W. 6th Street and S.W. 8th Avenue, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage, of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. 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, -3- 2/24/87 333 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. (Copy of Ordinance No. 12-87 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. 12-87 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; Vice-Mayor Weatherspoon - Yes. Said motiqn passed with a 4 to 0 vote. 10. Ordinance No. 16-87 - Proposed New Zoning District - A~ricul- tural Residential Transitional. Ordinance No. 16-87, amending Chapter 30 "Zoning" of the Code of Ordinances permitting agricultural uses, which is required to be in place prior to annexation of County pockets with existing agricultural uses, allows agricultural and residential uses and is designed to comply with provisions of the Enclave Act, 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. 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. (Copy of Ordinance No. 16-87 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. 16-87 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; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 17-87 - Proposed New Zonin~ District - Agricul- tural Commercial Transitional. Ordinance No. 17-87, amending Chapter 30 "Zoning" of the Code of Ordinances permitting agricultural uses, which is required to be in place prior to annexation of County pockets with existing agricultural uses, allowing agricultural and commercial uses and is designed to comply with provisions of the Enclave Act, 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. 17-87: -4- 2/24/87 334 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 COMMER- CIAL TRANSITIONAL 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. (Copy of Ordinance No. 17-87 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. 17-87 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; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time. PROCEDURAL ITEMS Mr. Bird left the Commission Chambers at this time. Mrs. Horenburger moved for approval of the minutes of the Regular Meetings of January 13, 1987 and January 27, 1987 and the Special Meeting of January 20, 1987, seconded by Mr. Weatherspoon. Before roll call Mr. Weatherspoon requested that Item No. 8.(a) (14) of the January 27, 1987, meeting be amended to read, "up- grading the traffic signals at N.W. 8th Avenue and N.W. 10th Avenue with push-button devices for pedestrian crosswalks." Mrs. Horenburger amended her motion as requested. Mr. Weather- spoon amended his second. 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. 13.a.1. Mr. Dougherty stated he would like to revisit the ordinance relative to setting up the criteria for establishing the basis for public nuisance determination. Public comment he has been exposed to, since the decision to purchase the Georgia Town Tavern, reinforces a need to set down guidelines for all establishments. Mayor Campbell requested that Mr. Dougherty update his memo, return it to the Com- mission, and it will be placed on the next agenda. 13.a.2. Mr. Dougherty raised a question as to the status of the Public Safety Building, as it is his understanding the completion is near. He would like to know the moving date, what the plans are for the old building and if there is any validity in a relocation of the Commission Offices or the Legal Offices. The City Manager stated the original occupancy date for the Public Safety Building was March 26, 1987. There is currently a roofing problem and the tile is being replaced by order of the building inspect- or. Chief Kilgore stated that as of 3:00 P.M. today, the architect assured him they would be able to move into the building on March 26th. He also stated that February 26th is the deadline for the extended time for the contractor and to his knowledge an extension has not been requested. -5- 2/24/87 335 The City Manager stated that a discussion between Staff and the Justice Division of the County revealed they are interested in leasing a portion of ~he current Police Department facility. There are plans in the making to establish a new micro-filming program and Staff would like to relocate the records from City Hall and the maintenance building. Hopefully, the Community Development Staff and the meter readers could also be relocated there. He is not recommending moving any of the larger departments from City Hall at this time for a number of reasons related to computer wiring, etc., and not knowing how long the City will be allowed to keep the building. If there are not adequate facilities for the City Attorney and the police station could be leased to the County, that would be an offset for renting a facility for our legal department. He stated that the gentleman from the County indicated they would have their space-planner inspect the building and they would be able to use any portion the City did not need. Mayor Campbell requested this item be placed on a workshop agenda in three weeks and by that time the City Manager will have a complete report for the Commission and they will establish a policy at that time. Upon question by Mr. Dougherty as to relocation for the City's Legal Department, the City Attorney stated they have looked at commer- cial office facilities, a commercial office that exists, a commercial office that has a shell structure and also the property adjacent to the elementary school. These proposals should be available in time for the workshop. 13.a.3. Mr. Dougherty stated he had received a communication in regard to the next meeting of the Council of Governments. They are soliciting from the local governments a wish list to be co-funded by the County and the City. One wish that might be considered would be the reconstruction of the Germantown Road wood bridge. Mrs. Horenburger stated that this project was discussed some time ago, perhaps two years. There were a great many residents from that area who did not want it improved or widened as they felt it would draw an increased amount of traffic. Mayor Campbell suggested a determination be made to see if the same sentiment exists at this time and, if necessary, it can be put on a workshop agenda. Mr. Dougherty stated another wish that might be considered would be acquiring more beach parking, particularly north of Atlantic Avenue. There is a vacant parcel of ground near the 600 block which would seem like an opportune location to consider acquiring. Mayor Campbell requested the City Manager review the results of a referendum held several years ago on that particular issue. He felt one of the items in question was whether the City should use City monies for acquisition of additional parking. The consensus was to place this item on the March 3, 1987, workshop agenda. 13.a.4. Mrs. Horenburger stated there is a parcel of land for sale on North Ocean Boulevard between Thomas Street and Vista Del Mar that is being used as a parking lot on weekends for the beach, even though there is a house on it. 13.a.5. Mrs. Horenburger questioned the status of the Child Care Ordinance. The City Attorney stated the requested material has arrived from California and it will be on an upcoming workshop. 13.a.6. Mrs. Horenburger questioned if a Planning Director has been chosen. The City Manager stated it has been narrowed down to six applicants with final interviews to take place within two to three weeks. He will have completed his investigation prior to interview, so within two days after the interviews, a Planning Director will be chosen. 13.a.7. Mrs. Horenburger questioned if arrangements have been made to have the medians mowed on Atlantic Avenue west of Homewood Boulevard. -6- 2/24/87 336 The City Manager stated they were being mowed on a regular monthly basis. 13.a.$. Mr. Weatherspoon questioned the status of his previous request to install crossing lights at N.W. Sth Avenue and N.W. 10th Avenue. The City Manager stated he saw no problem with having this item resolved within two weeks. 13.a.9. Mr. Weatherspoon stated he had received numerous complaints from persons making application for employment with the City and receiv- ing no reply indicating the status of their application. He feels there should be some policy established to notify applicants of the outcome. The City Manager suggested that a check-out card of some type could be utilized rather than a letter, due to the time element, and he will check into this and try to work something out with Staff. 13.a.10. Mr. Weatherspoon questioned the status of his previous request concerning the situation of the Variance for the setback violation. The City Manager stated he has spoken with Stan Weedon and asked him ~o review the ordinance. His response was that the Planning Department is recommending against any change to the ordinance due to the rationale for the determination as to why the outside lots were set up the way they were. The Planning Department is making further studies and will have a written report available next Tuesday. 13.a.ll. Mayor Campbell stated he had called the City Manager regarding repeated overflows of garbage and trash bins in the City and received a memorandum from him, through Mr. Johnson's Office, with a proposal to the trash ordinance as follows: If, within a six month period, two notices of violation are issued for garbage, trash or debris overflowing the containers then provided, and resulting in the accumulation of such matters on the ground, the owner of the property shall be required to provide such additional containers as are necessary to properly handle the volume of trash or garbage being generated. He asked that each Commissioner receive a copy of the proposal and it be placed on the workshop agenda next Tuesday for consideration. Mr. Bird requested that it also be sent to the Chamber of Commerce, since the areas involved were mainly commercial areas. 13.a.12. Mayor Campbell stated that when the Beautification Trust Committee has held their meeting, it will be placed on the agenda at their request. 13.a.13. Mayor Campbell questioned if the City Manager has had an opportunity to investigate the possibility of incorporating additional areas to be included in the beach cleaning process. The City Attorney stated he is working with the City Manager on research for a special assessment process with a portion of the cost being assumed by the City. It will probably not be completed until the second workshop in March. 13.a.14. Upon question by Mayor Campbell as to the problem of blowing sand on cleared property prior to construction, the City Manager stated they are reviewing a proposal of a statewide control. Hopefully, Staff, the Building Department and outside concerned persons, who are currently _ working on it, will be completed with an ordinance or a policy in time that it can be placed on the workshop agenda for March 17. Mrs. Horen- burger stated that the County Environmental Office also sets standards. The City Manager stated that was being blended into the complete propos- al. 13.a.15. Mayor Campbell stated that he had met with Dr. Eissey, of Palm Beach Junior College, and 'they are submittin9 & bill to the Legislature requesting a Special Act be enacted this coming year to allow a referen- dum in the County as to whether a .5 mill ad valorem tax should be made for a five year period. The purpose of the Legislation is to provide for a south campus of Palm Beach Junior College to meet the needs of the citizens in south Palm Beach County. He would like the proposed bill to be distributed to the Commission members and allow them an opportunity to review it. He requested that the City Manager and the City Attorney prepare a simple resolution to be presented at a Special Meeting to be held prior to the Workshop Meeting next Tuesday evening. If it is the wish of the Commission, it can be voted on at that time. -7- 2/24/87 337 13.b.1. There were no Non-Agenda Items from the City Attorney. 13.c.1. The City Manager distributed a copy of a memo to each Commis- sioner relative to a proposed Tree Farm located near the South Central Regional Waste Water Treatment Plant. It is suggested a Tree Farm be developed in conjunction with Boynton Beach, requiring irrigation, removal of trace elements and muck to improve the soil. He requested the Commission review the proposal and recommend if they would like to pursue this. 13.c.2. The City Manager stated that the N.W. 5th Avenue drainage project is completed and the infiltration problems that have been discovered are being remedied. Installation of beach showers has begun, the trash containers and the benches are complete and will be installed in conjunction with the completion of the showers. Mrs. Horenburger left the Commission Chambers at this time. 13.c.3. The City Manager stated an experiment is being conducted %n conjunction with the trash pickup program. The residential area for the continuous trash pickup is bounded on the north by the south side of West Atlantic Avenue, on the south side by S.W. 4th Street, on the west by both sides of S.W. 12th avenue and on the east by the west side of S. Swinton Avenue. The projected time period is from March 23 to April 30, 1987. There will be a patrol area adjacent to that and will be moni- tored by Code Enforcement. This is an advertised area and the public will be notified. There will also be an unadvertised test area where the public will not be notified. Each area will be monitored and the end result should be helpful in reaching a decision. He requested the Commission authorize them to proceed with this test. Mr. Bird moved to approve commencement of the proqram for trash pickup, seconded by Mr. Weatherspoon. Upon roll call the Commission ?oted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; - Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 13.d.1. Elaine Roberts, 312 N. Swinton Avenue, questioned if anyone attended the Crack Seminar held in Miami, sponsored and hosted by the Miami Police Department for a three day period. None of the Commissioners attended but Mayor Campbell stated he would be attending the County sponsored Criminal Justice Seminar to be held in Miami on March 19, 1987. Legislators, City Officials and Police Chiefs numbering approximately 300 persons from Palm Beach County will be in attendance to discuss the criminal problem. 13.d.2. Elizabeth Matthews, 1024 White Drive, commented on a newspaper story on the demise of the one-way pair system. She feels it was accurately reported as having the County Engineer stating that the reason it is not working is because there is no traffic on Atlantic Avenue. The basic problem is the lights being too lengthy. Since this is a very important program for the City, she feels .they really should try harder to get the County to reset the lights in order to make the system work. 13.d.3. Tom Haenlon, 613 N.E. 4th Street, stated he would like to raise the issue of a City contract for what has been called the Flag Pole Monument Plan. The terms of the contract stated the work was to commence within 15 days of notification to proceed. The work was to be substantially complete within 45 days and fully complete within 60 days. The site was to be kept clean and barriers erected to keep pedestrians from the hazardous work area. North of the pavilion on A1A and Atlantic Avenue a large area of the ground is dug up, the old flagpole is down, leaving an abomination of an aesthetic view, and it has been in this condition for one and one-half months. Mr. Bird left the Commission Chambers at this time. 13.d.4. Alan Knop, 617 Industrial Avenue, Boynton Beach, representing Mr. D's Towing, stated that he had received a letter from the Delray Beach Police Department addressed to Mr. Zuccalla, but sent to his place of business, informing him that on February 2, 1987, at 1:23 P.M. Mr. D's Towing Service was suspended from the Delray Beach Police Department Wrecker Rotation List. This was due to a violation issued by the -8- 2/24/87 338 Building Department for non-compliance with provisions of the zoning ordinance for a storage lot located at 1945 S. Old Dixie Highway. He has had a license and has operated at that address for the past 5 years. The suspension was to be lifted when the Building Department notified them that he had complied. It stated if he chose a site within the geographical boundaries as set forth by their guidelines, but outside the jurisdictional limits of the City, they would inspect it. He located a parcel that met all the requirements and notified the police. Now they tell him that they are not reinstating anyone on the rotation system, but are considering going to contract so the Commissioners have put the situation on hold. After going through all the process to comply with the City's requirements, he feels a disservice has been done to him and to the citizens of the City. An investment has been made and, until such time that the City does go to contract, they should allow the original companies who were awarded bids to continue. Mayor Campbell stated it will be taken under consideration and next week there will be a workshop when it will be discussed with the City Manager and the Commission. 13.d.5. Andrew Zuccalla, 633 East Industrial Avenue, stated that he would like to urge the Commission to complete the towing contract problem as quickly as possible. He has been under the rotation system for Delray Beach for ten years and only after the City suspended the towing service was he made aware that he was in a non-complying area. Mayor Campbell reiterated the fact that it will be taken under consideration and there will be a policy decision soon. 13.d.6. Paul Gonnelli, owner of Paul's Towing Service of Boca Raton, stated he also has the same towing problem and feels the rights of the towing companies have been violated. The current property he is using has been used for the past nine years by other companies, and the City has never had a license on that property. He stated he knew of no other City where you can be cited for a code violation and immediately you are out of business. He has spoken with the Code Enforcement Division and they have no answers for him. The City has no company that can handle a heavy duty accident at this time, with certified drivers. Mayor Campbell suggested Mr. Gonnelli call on Friday to find where it is placed on the agenda for the workshop on March 3, 1987. 13.d.7. Madeline Pulitano, stated she had an urgent plea for the Commissioners. She has been in Court and before the Board of Adjustment in this ongoing project for two years. She has hired an attorney and appeared before the Code Enforcement Board this afternoon. Their decision was not definite as to whether they were going to reduce the $20,000 fine. She feels she is a victim of circumstance. She has a closing date of March 31, 1987, to finalize the sale of the property. If this problem is not resolved at this time, she will lose the sale. In addition, she will need to refund the commission fee and reimburse the buyer. The City allowed the non-conforming screen enclosure. The screen contractor refuses to remove the enclosure; he has paid his $25 fine and she must hire another company to remove it. She requested the Commission assist her in finalizing this situation. Mayor Campbell stated this would be taken under immediate consideration. It will be investigated and if the Commission can adjust the problem, they will attempt to get a policy consideration as quickly as possible. He suggested she call him or any one of the Commissioners and they should be able to give her a time, hopefully, next Tuesday. CONSENT AGENDA Mr. Dougherty moved to remove Item No. 18 and place it on the Regular Agenda as Item No. 1, seconded by Mr. Weatherspoon. 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. The following items were considered by the Commission as the Consent Agenda: -9- 2/24/87 339 14. Changer Order No. 2 - Asbestos Removal Contract. The Commis- sion is to consider approval of CO No. 2 in the amount of $5,275 from Laughlin Development Corporation for removal of asbestos vents located in the south and north water treatment plants. Current contract price, including this CO, is $116,479. Funds are to come from the Water and Sewer Reserve Fund. Approval is recommended. 15. Agreement - Plumosa Park. The Commission is to consider authorizing execution of five year renewal of agreement between the City and the School Board of Palm Beach County for joint use and maintenance of Plumosa Park. Approval is recommended. 16. 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 Award: Low Bidder Location Amount Frank Fidler/James Brown 219 N.W. 10th Avenue $19,399 Funds are available in the Community Development Block Grant Program. Approval is recommended. ~7. Bulk Chloride. The Commission is to consider award of con- tracts to the following low bidders: Bidder Award Amount Jones Chemical One ton cylinders $111,040.00 Jones Chemical 150 lb. cylinders 252.00 Allied Chemical Hichlor 101 lb. drums 17,790.00 $129,082.00 Funds are to come from the 1986/87 water and sewer fund. Approval is recommended. 19. Paint Restoration Work - Water Treatment Plant. The Commission is to consider awarding a contract to the low bidder, Gold Coast Paint- ing, in the amount of $18,052.84 for paint restoration work following the damage caused by the sealant for the asbestos removal program. Approval is recommended. Mrs. Horenburger moved to approve the Consent Agenda, less Item No. 18, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 18. Beach Restoration and Marine Construction. The Commission is to consider authorizing execution of an agreement between the City and Coastal Planning and Engineering, Inc. for a continuing beach restora- tion and marine construction contract. Approval is recommended. Mr. Bird returned to the Commission Chambers at this time. Mr. Dougherty stated that he would like a cost estimate or what the limitations are, if any, to be had under the contract. The City Manager stated that the City has received notification from the State that $225,000 has been set aside for this project. In the past, this money has come from the Beach Restoration Fund. This is done every year -10- 2/24/87 340 to meet the requirements of the State and something the City has been doing for the past ten years. Only last year did this change and the City entered into a contract. The $225,000 does not include the con- struction cost, but only the preliminary engineering review. Mr Dougherty questioned the high cost if it has been done regularly. The City Manager stated the engineers must report to three organizations and each one has its own requirements. They say the coral reef is being destroyed and it is necessary to go through the complete testing process each time to verify the fact that it is not. Mr. Dougherty asked the cost for the City if the State is picking up a quarter of a million of the entire cost. The City Manager stated the City's cost would be approximately $350,000 over the next three years, which is probably the most expensive, ongoing project the City has. Mrs. Horenburger moved to authorize the execution of the agreement between the City and Coastal Planning and Engineering, Inc. for a continuing beach restoration and marine construction contract, seconded by Mr. Dougherty. Upon roll call the Commission voted ~s 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. Conditional Use and Site Plan Approval - Chapel Building for Haitian Community. The Commission is to consider a request for condi- tional use and site plan approval for a proposed 306 seat church, located at the northwest corner of S.W. 6th Street and S.W. 8th Avenue. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: 1. Provide a five foot (5') sidewalk on S.W. 8th Avenue north of the driveway to the edge of the property (per Engineering). A sidewalk waiver must be approved by the City Commission for S.W. 8th Avenue south of the driveway to the edge of the property. If the waiver is not approved by the City Commis- sion, construction of this portion of the sidewalk will be required. The Planning and Zoning Board recommends that the sidewalk waiver be granted. 2. Provide a 'STOP' sign at the egress point of site. 3. The temporary use of a septic tank may be requested of the Palm Beach County Health Department. Provision will have to be made to connect to sanitary sewer facilities if this request is not approved and/or when service is available. Project Engineer should contact the Public Utilities Department. 4. Provide vision-obscuring gates for dumpster. 5. That a water distribution layout be submitted showing fire hydrants, maximum 500 foot spacing road travel between hy- drants, and within 250 feet of building. 6. An on-site traffic plan, including STOP and YIELD signs, shall be submitted to and approved by the Engineering Division prior to the issuance of any construction permits. 7. A paving, grading and drainage plan, signed and sealed by a registered P.E., shall be submitted and approved prior to the issuance of any construction permits. 8. Indicate the botanical name, height, spread and spacing for all plant materials. All trees are required to be a minimum of twelve (12) feet in height with a six (6) foot spread and six (6) feet of clear trunk. All shrubs are required to be a minimum of 24 inches in height and spacing such that they will form a continuous hedge within one (1) year. 9. Provide hedge and trees along the west property line and continue hedging around the northwest corner of the parking lot. -11- 2/24/87 341 10. Foundation landscaping around the church needs improvement, especially on the north side. 11. All 'grass' to be sod unless specifications for seeding are submitted to the City Horticulturist for review and approval. 12. All plant materials shall be Florida No. 1 or better, per grades and standards for nursery plants, Florida Department of Agriculture. Comm..unity Appearance Board 13. Delete one parking space adjacent to S.W. 8th Avenue and replace with a landscape island. 14. Extend hedge around northeast corner of site to a point even with the front setback of the church. 15. All the hedges should be planted at a minimum height of 24 inches and maintained at a minimum height of 35 inches. Mr. Bird moved for conditional use and site plan approval for the Chapel Building for Haitian Community, subject to conditions set forth in the memorandum from the Acting Planning Director, seconded by Mr. Weatherspoon. 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. 22. Appeal to Decision of Community Appearance Board - American Dental Center. The Commission is to consider an appeal to the decision of CAB on January 28th relative to installation of heart shaped logo. Mayor Campbell stated there was no representative present for this item. Mr. Bird moved to postpone this item until the meeting on March 10, 1987, if there is a request from the applicant, 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. Mrs. Horenburger left the Commission Chambers at this time. 23. Group Health Insurance for 1987/1988. The Commission is to co~sider approval of the renewal of the City's Health Insurance Program (ASO) with Gulf Group Services Corporation for one year, effective March 1, 1987. Approximate cost not to exceed $111,929.00, plus actual claims, with funds to come from the various departmental budgets. Approval is recommended. Mr. Bird moved for the approval of the renewal of the City's Health Insurance Program (ASO) with Gulf Group Services Corporation for one year, effective March 1, 1987, 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: Mr. Weatherspoon questioned if these rates were compatible with other companies. The CitY Manager stated they were mainly adminis- trative rates and they were in close proximity with all others. Dave Huddleston, Finance Director, stated the program in use is an administrative services only program. The City pays all their own claims. The fees go toward Florida Health Network which monitors admissions and discharges from hospitals and also costs per claim. These fees are very competitive. Mr. Dougherty questioned how much the total claims record was. Mr. Huddleston stated the twelve months, on which the rates were based, totaled $587,000. The dollars per employee is not high, as this plan also includes the retirees, which number nearly 60 persons. The law -12- 2/24/87 requires this be done; and, effective March 1, the City is going to be required to keep terminated employees on the plan, if it is their desire. At this point the roll was called to the motion. 24. Appointment - Code Enforcement Board. The Commission is to Consider reappointment of Perry DonFrancisco as a member of the Code Enforcement Board to a term ending January 14, 1990. Mr. Bird moved to reappoint Perry DonFrancisco as a member of the Code Enforcement Board to a term ending January 14, 1990, 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. Mayor Campbell stated he received a call from someone who has an application pending for Tom Scott for the Planning and Zoning Board. Mr. Scott has a Real Estate Brokers License. There are two real estate positions open and he has requested that Mr. Scott bring his application to the Commission for consideration and it will be placed on the next regular agenda. Mrs. Horenburger returned to the Council Chambers at this time. 25. 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 an alternate member to the Civil Service Board to a term ending July 1, 1987, and clarification of Virginia Cady's position and term, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated that he did not agree with the sti- pulation that Virginia Cady's position warranted payment. He questioned if her reappointment included that. Mayor Campbell stated there will be a monthly payment along with the reappointment. Mr. Dougherty stated that the other boards and committees have a given term of office and, since none of the others are compensated, he feels the ground rules should be applied here as well. Mayor Campbell noted that the PERC board does have a paid chairman. At this time the roll was called to the motion. 26. Appointments- Community Appearance Board. The Commission is to consider the appointment of a regular member (Architect) to the CAB to fill the unexpired term of Hugh Stubbins ending August 25, 1988, and the reappointment of J.B. Smith and Virginia Courtenay as alternate members to terms ending March 8, 1989. Mr. Bird moved for the reappointment of J.B. Smith and Virginia Courtenay as alternate members to terms ending March 8, 1989, 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. Mrs. Horenburger moved for the appointment of Kimberly Della- statious to the architect position on the CAB as a regular member, 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. 27. Ordinance No. 13-87 - Delray Beach Historic Preservation Board. Ordinance No. 13-87, relative to creating an Historic Preservation Board -13- 2/24/87 343 for the City, is before the Commission on First Reading. If passed, Public Hearing will be held on March 10th. 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 PRESER- VATION 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 CLASSI- FICATIONS OF STRUCTURES AND BUILDINGS, TO PROVIDE PRESER- VATION 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 WITHIN 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 CHAPTER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird left the Commission Chambers at this time. Mrs. Horenburger moved for the adoption of Ordinance No. 13-87 on First Reading, seconded by Mr. Weatherspoon. Mayor Campbell stated that after further analysis he felt it might be possible to expand the three member nominating committee to include the Chairman of the CAB and also a member of the City Commis- sion, making this a five (5) member Board. Mr. Dougherty stated he feels it is inappropriate to have the nominating committee as such and an alternative might be that the nominating committee be directed to bring back not less than 14 persons as being recommended and acceptable to the Committee. Mr. Bird returned to the Commission Chambers at this time. Mayor Campbell stated he would like to try it this way with the expanded nominating committee and then the Commission could nominate an at-large person of their choice. Mrs. Horenburger moved to amend her motion to accept a change, which is Item No. 2 on Page 5 under Article II, to include a fourth member, to be the Chairman of the CAB; a fifth member, to be a nominee of the Commission, changing it to a five-member committee under the first item; accept the change in Item 3 under Article II, saying the Committee will make nominations to the Board within thirty days, for the Board, to the Co ~mmission, and Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty -14- 2/24/87 344 - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mr. Dougherty stated the provisions that permit the Historic Preservation Board to overrule the recommendations of the CAB and the Planning and Zoning Board should not be allowed. The City Attorney advised there are two sections where the Commission would hear one; one is where a person attempted to be de- signated as historic status, either their site or the district. The other one would be where there are certificates of appropriateness to be issued. The one section Mr. Dougherty is referring to must be Page 13, Sec. 31-13, (4). When they talk about nominations, they are talking about nominations for historic district or historic site status. Mr. Bird stated that the Historic Preservation Board would, out of necessity, need to have supremacy over Planning and Zoning and the Community Appearance Board in areas where they have responsibility; or there would have to be an historic preservation ordinance put into th~ zoning code. The Zoning Board has to abide by setback requirements, etc., but there must be some latitude in order to retain historic sites. It is going to give them the authority to ignore some of those things in order to retain, enhance and improve some of those structures that do not fit conveniently into our code. Elaine Roberts stated that the Ordinance was not referred to the Community Appearance Board for comment. It might have been a good idea to give the Board an opportunity to review it. If the Commission would like the Community Appearance Board to review it, they would be happy to do that. 28. Ordinance No. 18-87 - Smith Rezoning. Ordinance No. 18-87, relative to rezoning a 3.56 acre parcel from R-1AA (Single Family Dwelling) District to RO (Residential Office ) District, located on the north side of West Atlantic Avenue, between N.W. 24th Avenue and N.W. 27th Avenue, is before the Commission for consideration on First Read- ing. If passed, Public Hearing will be held March 10th. The City Manager presented Ordinance No. 18-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT IN RO (RESIDEN- TIAL OFFICE) DISTRICT THE WEST HALF OF LOTS 10 AND 17; AND LOTS 11, 12, 13, 14, 15 AND 16, BREEZY RIDGE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23 AT PAGE 105 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THE RIGHT-OF-WAY FOR STATE ROAD 806 AS SHOWN IN ROAD PLAT BOOK 3 AT PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE, BETWEEN N.W. 24TH AVENUE AND N.W. 27TH AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 18-87 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. 29. Ordinance No. 19-87 - Courthouse Property Rezoning. Ordinance No. 19-87, relative to a City-initiated proposal to rezone two parcels of land for the new County Courthouse site - Parcel I, consisting of 4.05 acres and Parcel II, consisting of 1.86 acres - from GC (General Commercial) District, in part, and RM-6 (Multiple Family Dwelling) District, in part, to CF (Community Facilities) District, located on the south side of Atlantic Avenue, between S.W. 2nd Avenue and S.W. 3rd Avenue, is before the Commission on First Reading. If passed, Public Hearing will be held March 24th. The City Manager presented Ordinance No. 19-87: -15- 2/24/87 345 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, TO CF (COMMUNITY FACILITIES) DISTRICT ALL OF BLOCK 45, RE-SUB- DIVISION OF BLOCK 45, DELRAY, PALM BEACH COUNTY, FLA., PLAT BOOK 4, PAGE 54, LESS THE NORTH 20 FEET OF LOTS 6, 7, 8, 9 AND 10, ACCORDING TO THE PLAT OF RE-SUBDIVISION OF BLOCK 45, DELRAY BEACH, AS RECORDED IN PLAT BOOK 4, AT PAGE 54, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND THAT PART OF SAID LOT 10 WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 25 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 20 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID LOT 10, AND TANGENT TO THE EAST LINE OF SAID LOT 10; THE NORTH 20 FEET OF LOTS 1, 2, 3, 4 AND 5, ACCORDING TO THE PLAT OF RE-SUBDIVISION OF BLOCK 45, DELRAY BEACH, AS RECORDED IN PLAT BOOK 4, AT PAGE 54 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND THAT PART OF SAID LOT 1 WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 25 FOOT RADIUS ARC, WHICH IS TANGENT TO A LINE 20 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID LOT 1 AND TANGENT TO THE WEST LINE OF SAID LOT 1; AND CERTAIN PLATTED RIGHTS-OF-WAY ADJACENT THERETO WHICH ARE TO SUBSEQUENTLY BE ABANDONED; AND, LOTS 1, 2, 3, 4, 9, 10, 11 AND 12, BLOCK 46, PLAT OF TOWN OF LINTON, PLAT BOOK 1, PAGE 3, TOGETHER WITH THAT PORTION OF 16 FOOT ALLEY, LYING ADJACENT TO AND BETWEEN THE EAST LINE OF LOTS 1, 2, 3, AND 4, AND THE WEST LINE OF LOTS 9, 10, 11 AND 12, BLOCK 46, AS SHOWN ON PLAT OF ORIGINAL TOWN OF LINTON, AS RECORDED IN PLAT BOOK 1, PAGE 3, SHEET 2 OF 2 SHEETS, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. SAID LAND IS LOCATED ON THE SOUTH SIDE OF ATLANTIC AVENUE, BETWEEN S.W. 2ND AVENUE AND S.W. 3RD AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 19-87 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. 30. Ordinance No. 20-87 - Weir Annexation. Ordinance No. 20-87, relative to annexing a 10 acre parcel, subject to the PCC (Planned Commerce Center) District, located on the east side of Germantown Road, between Queens Avenue and Georgia Street, if extended eastward, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 24th. The City Manager presented Ordinance No. 20-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THAT PART OF THE WEST HALF OF LOT 31 LYING EAST OF GERMANTOWN ROAD AND THAT PART OF THE EAST HALF OF LOT 23 LYING EAST OF GERMANTOWN ROAD, SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE EAST SIDE OF GERMANTOWN ROAD, BETWEEN QUEENS AVENUE AND GEORGIA STREET. IF EXTENDED EASTWARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO PCC (PLANNED COMMERCE CENTER) DISTRICT; PROVIDING AN EFFECTIVE DATE. -16- 2/24/87 346 The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 20-87 on First Reading, seconded by Mr. Weatherspoon. Before roll call the following discussion was had: Mr. Dougherty stated that he thought there was a requirement of 10 acres in order to be zoned PCC and it was his understanding this parcel of land does not contain 10 acres. The City Attorney advised that if the Commission was going to adopt the ordinance on First Reading, they could direct Staff to confirm that there is 10 acres through whatever surveys are necessary. Mr. Bird amended his motion to include the direction that Staff be assured that the parcel conforms to the standard PCC zoning. Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Ye~; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31. Ordinance No. 21-87 - Kilpatrick Annexation. Ordinance No. 21-87, relative to annexing a 0.85 acre parcel, subject to R-1AA (Single Family Dwelling) District, located on the west side of Lake Drive, at the west end of N.W. 18th Street, is before the Commission for consider- ation on First Reading. If passed, Public Hearing will be held March 24th. The City Manager presented Ordinance No. 21-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 5, SECOND ADDITION TO HIGH ACRES, 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 23 AT PAGE 37, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE WEST SIDE OF LAKE DRIVE, AT THE WEST END OF N.W. 18TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 21-87 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. 32. Ordinance No. 22-87 - Amending Zoning Code - Live-Aboard Vessels. Ordinance No. 22-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to regulating an permitting live-aboard vessels at full service marinas in the RM-10 and RM-15 zoning districts only, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 10th. The City Manager presented Ordinance No. 22-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-7(C), "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", AND SECTION 30-8(C), "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", TO ADD AS A CONDITIONAL USE UNDER THESE ZONING DISTRICTS "LIVE-ABOARD VESSELS" IN CERTAIN INSTANCES AND RENUMBERING THE REMAINING USES; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -17- 2/24/87 347 The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 22-87 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 - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned how this will affect the current leases and the City Attorney stated that as of June 15, 1987, they will have to leave. Mrs. Matthews stated that the leases to which Mr. Weatherspoon is referring are the gentlemen who own the land property leasing City property; these boats are docked at City property. One of the questions discussed was whether he had the right to lease City property. ~ Mr. Weatherspoon stated the fact still remains that the boats are still there and again he feels the City should be fair to all concerned. Mayor Campbell stated that last year when the Commission considered this there were several people here with an attorney that expressed concern with a hardship situation. The City Attorney stated that they have yet to receive notice of this pending ordinance. Mr. Bird stated in this instance, where the City is trying to cure an illegality, it will be necessary to move them. In all practi- cality, if they were removed now, they really would have no place to go. By summer there will be ample opportunity for them to relocate. Mr. Weatherspoon stated there were other places like the Marina Delray that have places for boats to dock and, it is his feeling that since there is no danger involved, he doesn't understand the urgency for removing them. Mayor Campbell recommended that they pass it on First Reading and then consider it for further arguments and investigation. At this point the roll was called to the motion. 33. Employee Assistance Program. The Commission is to consider an award of Employee Assistance Program to Human Affairs International, Inc. to provide counseling services on behavioral, medical and social programs to begin March 1st, at a cost of $12,306 per year. Mr. Bird moved to award an Employee Assistance Program to Human Affairs International, Inc., to provide counseling services on behav- ioral, medical and social programs to begin March 1st, at a cost of $12,306 per year, seconded by Mr. Dougherty. Before roll call the following discussion was had: The City Manager stated the City has been working on this program for just over a year trying to establish an Employee Assistance Program that covers a number of areas. It covers alcoholism, drug and chemical abuse, stress management, personal emotional problems, marital and family problems, financial and legal problems, etc. IBM uses this program and the firm being recommended. He feels that, for a relatively small amount of money, the City can provide to the employees a support system which is confidential. This also ties in with other aspects of the drug screening program. Mrs. Horenburger stated that she had previously asked, in conjunction with this program, that it also include some sensitivity training sessions for the Police Department. She would like to see this included in this proposal and figure. To award this, she feels they should agree twice a year to have a sensitivity session. -18- 2/24/87 348 Upon question by Mr. Bird as to whether this was to be a stress management program or sensitivity training, Mrs. Horenburger feels they go hand in hand. Mayor Campbell stated that if it is the consensus of the Commission to have the Police Department undergo that type of program, it will need to be renegotiated, as a sensitivity training program is a separate contract. The City Manger stated they could talk with the Company and get a separate proposal. The City Manager stated the $12,306 figure as it appeared on the agenda was incorrect and should read $12,657.60. Mr. Bird amended his motion to include the correct figure. Mr. Dougherty amended his second. 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. 34. Drug and Alcohol Testing Services. The Commission is to consider approval of a one year contract between the City and Delray Community Hospital for the drug and alcohol testing services to begin March 1st. Mrs. Horenburger moved for approval of the contract for drug and alcohol testing, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Abstained; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote, with Mr. Bird abstaining. Before roll call the following discussion was had: The City Attorney advised that the motion to approve is more encompassing than the memo originally placed in each package. The Commission needs to select two firms due to the fact there will be pre-employment testing and current employees upon a reasonable suspicion basis. Based on the two union contracts, a backup laboratory is neces- sary, in case the employee requests a second test, as they have the right to do under our current collective bargaining agreement. The selection this evening would be for Delray Community Hospital to do the pre-employment drug screening test, the current employee drug and alcohol screening test and for Consulab, Inc., out of Miami, to be the backup laboratory for the secondary testing. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 10:03 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 on~7~~.~/~. City ~lerk -19- 2/24/87 349 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. -20- 2/24/87