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04-14-87 APRIL 14, 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 7:02 P.M., Tuesday, April 14, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John C. Scott, St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a. Mayor Campbell read and presented a proclamation commending and honoring Paul Hoeffer for his heroic and lifesaving action in the rescue of three elderly women. 4.b. Mayor Campbell presented a proclamation proclaiming the week of April 24-30, 1987, as "Association for the Education of Young Children of the Palm Beaches Week". 4.c. Mayor Campbell presented a proclamation proclaiming May 7, 1987, as "Barrier Awareness Day". 4.d. Mayor Campbell presented a proclamation proclaiming the week of April 26 - May 2, 1987, as "Victim Rights Week". 4.e. Mayor Campbell presented a proclamation proclaiming the week beginning April 19, 1987, as "National Consumers Week". 4.f. Mayor Campbell presented a proclamation proclaiming May 3, 1987, as "Israel Independence Day". 5. Mr. Weatherspoon stated that prior to approval of the agenda, he would like Item Nos. 21, 24 and 30 to be removed and placed as the first three items on the Regular Agenda. Mrs. Horenburger moved to approve the agenda, as modified, moving Item Nos. 21, 24 and 30 to the Regular Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 6. Ordinance No. 27-87 - Amending Zoning Code - Special Regula- tions for Automobile Dealerships and Related Uses. Ordinance No. 27-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to establishing special regulations for automobile dealerships and related uses, 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. 27-87: 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 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (N) "SPECIAL REGULATIONS" BY ADDING A NEW SUBSECTION (5) TO ESTABLISH DESIGN STANDARDS AND USE RESTRICTIONS FOR NEW DEVELOPMENT AND EXPANSIONS AS WELL AS EXISTING DEVELOPMENT RELATING TO AUTOMOTIVE RENTAL AGENCIES, AUTOMOTIVE SALES, RECREATION VEHICLE SALES, TRUCK RENTAL, AND TRUCK SALES; BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (D) "PARKING REQUIRE- MENTS'', (4) "MISCELLANEOUS USES" BY ADDING PARKING REQUIREMENTS FOR AUTOMOTIVE SALES, AUTOMOTIVE RENTAL AGENCIES, RECREATION VEHICLE SALES, TRUCK RENTAL, AND TRUCK SALES, INCLUDING APPROVED ACCESSORY USES; BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (E) "SPECIAL REGULATIONS", (1) "AUTOMOBILE DEALERSHIPS" TO DELETE (b); BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT", (N) "SPECIAL REGULATIONS", (1) (a) TO DELETE THE WORDS "AUTOMOBILE SALES AND DISPLAY"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 27-87 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 City Attorney stated that there is an item the Commission may want to address relating to test driving on residential streets. He questioned if it was the intent of the Commission to prohibit the use of residential streets for test driving to not only future but existing automotive uses; if that is the case, then on page 6, sub-subsection (f) should be deleted and become subsection (b) (3). Robert Federspiel, 501 E. Atlantic Avenue, representing the Delray Beach Automobile Dealers' Association, stated they have nego- tiated some fifteen months with the Planning and Zoning Board and a great deal of effort has been put into this ordinance. They are re- questing that the Commission act on this ordinance. Relative to the test driving that occurs in residential neighborhoods, there are con- cerns from a legal standpoint as to the enforceability of this. To assume an employee or a resident is familiar with the zoning maps and codes seems questionable. With respect to the remainder of the ord- inance, they feel this is somewhat of a dichotomy from the standpoint that this is not something they wanted to begin with. They did not want an ordinance to restrict and regulate them. Jean Beer, 945 Tropic Boulevard, stated that she objects to the minimum lot size of 1.5 acres. She feels it is not large enough for an auto dealership or a rental agency. She realizes this will place other businesses in non-compliance positions, but there must be some way the Commission can work this out in order that new businesses must have a larger lot size. Dan Burns, 1036 Bucida Road, President of Dan Burns Oldsmobile, stated they have worked hard and long with the Commission and Planning and Zoning Board. He feels the ordinance should be passed as presented by the Planning and Zoning Staff. Relative to the driving through of neighborhoods, he appreciates how the residents feel, but he feels it is unconstitutional for the Commission to try and impose those regulations. Those are City streets that are paid for by the taxpayers, and he, too, is a taxpayer. However, the gasoline used in those autos goes for highway and City street use. He stated he would go through legal acti6n also. Charles Smith, 2110 Spanish Trail, stated the public has heard in the past that the automobile dealers want to be good neighbors. One of those dealers just remarked that it is unconstitutional to insist -2- 4/14/87 they stop driving in the neighborhoods. If he is truly concerned, he will do everything possible to insure that his salesmen and service representatives use Dixie Highway, Federal Highway or any street other than a neighborhood street. He feels this is a typical attitude of the dealerships. Sherwood Sheehan, 3384 Lakeview Drive, President of Sherwood Pontiac, GMC Truck and Sherwood Honda, stated that he thinks the words fair, just and reasonable should enter into the conversation. He feels the automobile dealers are a minority and they are being taken advantage of by the attitude and reflection of persons such as the previous speaker. It is a serious problem, after building in an area that they were asked to build in, and the expense they have incurred with new construction, landscaping, etc. He will take any legal action neces- sary, but would like to replace the word legal with cooperation. Frank Wheat, President of the Delray Beach Chamber of Commerce, stated they are in compliance with the results of the decisions of the Planning and Zoning Department and the Automobile Dealers' Association. He requested that the Commissioners consider the ordinance as it was originally drafted and try to allow the dealers to work in the City and to fulfill their agreements with the Planning and Zoning Board. Dan Burns stated he would like to apologize, as he felt he was misunderstood, and wanted to make himself clear. His service people and salesmen do not go through Tropic Palms, as they have been told not to. Marian MacLeod, Tropic Bay, stated she does not feel the auto- mobile dealerships are being discriminated against. The original zoning has been reviewed very carefully and many hours have been spent in an attempt to be fair to the residents and the dealers. She questioned if this is going to be retroactive to the existing dealers. Mayor Campbell stated that only a portion of it would be retroactive. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 27-87, on Second and FINAL Reading, as modified by the City Attorney, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. (Note: Mrs. Horenburger left the Commission Chambers before the roll was called to the motion). Before roll call the following discussion was had: Mr. Weatherspoon stated that relative to the driver testing in residential areas, he feels that the prohibition of the testing is not only fair, but reasonable. Any service person or salesman who is testing the vehicle should not object, once told of the adoption of the new ordinance. They certainly should be knowledgeable of residential and commercial areas. Mrs. McCarty stated that to address Mr. Federspiel's concern on the enforceability of driving through residential areas by those persons not being aware of the ordinance, she feels the Commission should consider posting signs in residential neighborhoods that could be effective. Mrs. Horenburger stated that she feels by including this amend- ment in the ordinance, the dealers will police themselves. As for the general public, she feels the public will be willing to cooperate with the problem. Mayor Campbell stated that he feels this is going to be a very important historic enactment. Much of the public feel this has not gone far enough and many auto dealers feel it has gone too far, so in his opinion, he feels that is an indication it is reasonably fair. He urged the auto dealers to remember there is a great deal of sentiment in this community. The automobile dealers are the major industry in Delray. No community, with this as a major industry, can continue on that path for any length of time, unless that path is corrected and good will returns -3- 4/14/87 in the general community. As the major industry, the City hopes it will continue to play the important role, with the thanks of the City, but hopes it will recognize the fact that the community also has many legitimate concerns. It is the function of this Commission to try and respond to those concerns of the citizenry. At this point the roll was called to the motion. 7. Ordinance No. 29-87 - Amending Zoning Code - Proposed Residen- tial Uses in Commercial Zoning Districts. Ordinance No. 29-87, amending Chapter 30 "Zoning" of the Code of Ordinances to permit single family residences in certain commercial zoning districts, is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 29-87: 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 30-11, "GC GENERAL COMMERCIAL DIS- TRICT'', SUBSECTION (B), "PERMITTED USES", BY DELETING SUB-SUBSECTION (11); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (B), "PER- MITTED USES", BY DELETING SUB-SUBSECTION (11); BY AMEND- ING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PERMITTED USES", BY DELETING SUB-SUB- SECTION (11); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", BY DELETING SUB-SUBSECTION (8), TO ELIMINATE BOARDING AND ROOMING HOUSES AS PERMITTED USES IN EACH OF THE ABOVE COMMERCIAL DISTRICTS; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUBSECTION (C), "CONDI- TIONAL USES", BY DELETING SUB-SUBSECTION (16); BY AMEND- ING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (C), "CONDITIONAL USES", BY DELETING SUB-SUB- SECTION (22); BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (C), "CONDITIONAL USES", BY DELETING SUB-SUBSECTION (12); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", SUBSECTION (C),"CONDITIONAL USES", TO DELETE SUB-SUBSECTION (9), TO ELIMINATE MULTIPLE FAMILY PROJECTS AND THEIR ATTENDANT RECREATIONAL FACILITIES AS CONDITIONAL USES IN THE GC, SC, CBD AND LC ZONING DISTRICTS; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", SUB-SUBSECTION (75); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", SUB-SUBSECTION (79); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DIS- TRICT''. SUBSECTION (B), "PERMITTED USES", SUB-SUBSECTION (49), TO ELIMINATE THE REQUIREMENT THAT SINGLE FAMILY RESIDENCES BE OCCUPIED BY THE OWNERS OF THE BUSINESS FOR THE GC, SC AND LC ZONING DISTRICTS; BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PERMITTED USES", BY ADDING A NEW SUB-SUBSECTION (81), PERMITTING MULTIPLE FAMILY PROJECTS OR DWELLING UNITS AND SETTING FORTH LIMITATIONS THEREON; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUBSECTION (B) , "PERMITTED USES", BY ADDING A NEW SUB-SUBSECTION (85); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (B) , "PERMITTED USES", BY ADDING A NEW SUB-SUBSECTION (89); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", BY ADDING A NEW SUB-SUBSECTION (58), PERMITTING MULTIPLE FAMILY PROJECTS OR DWELLING UNITS IN CONJUNCTION WITH COMMERCIAL PURPOSES CONSISTENT WITH THE ZONING DISTRICT AND SETTING FORTH LIMITATIONS THEREON; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUBSECTION (C), "CONDITIONAL USES", BY ADDING A NEW SUB-SUBSECTION (25); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (C), -4- 4/14/87 "CONDITIONAL USES", BY ADDING A NEW SUB-SUBSECTION (35), BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DIS- TRICT'', SUBSECTION (C), "CONDITIONAL USES", BY ADDING A NEW SUB-SUBSECTION (19); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", SUBSECTION (C), "CONDITION- AL USES", BY ADDING A NEW SUB-SUBSECTION (13), PERMITTING MULTIPLE FAMILY PROJECTS OR DWELLING UNITS AS CONDITIONAL USES IN THE GC, SC, CBD AND LC ZONING DISTRICTS AND SETTING FORTH LIMITATIONS THEREON; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 29-87 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. 29-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horen- burger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 37-87 - Amending Code - Loud Speakers and Public Address System. Ordinance No. 37-87, amending Chapter 16 "Offenses - Miscellaneous" of the Code of Ordinances relative to outside speakers or public address systems, 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. 37-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES - MISCEL- LANEOUS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 16-35 "NOISES PRO- HIBITED'' (b) (2) BY ADDING A PROHIBITION AGAINST THE USE OF LOUDSPEAKERS/PUBLIC ADDRESS SYSTEMS WITHIN ALL COM- MERCIAL ZONING DISTRICTS AND PROVIDING AN EXCEPTION FOR TWO-WAY COMMUNICATION SYSTEMS AT DRIVE-IN FACILITIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated there are two issues to be considered in the public hearing discussion. In Section 1, it should be clear and is recommended, that the words "out of doors" be added before the words Loudspeakers/public address systems, to make it clear that it is the Commission's intent that they are talking about those systems which are outside rather than inside. Secondly, in Section 4, on the effective date, Mr. Federspiel has written a letter which bears some additional discussion on the effective date language of the amortization period. Currently, it shows October 1, 1987, and Mr. Federspiel made a good point in saying it should be longer in order to allow the costs of the loud speaker systems to be amortized on the books over a period of time. He has suggested five years, but the City feels eighteen months is more acceptable. Robert Federspiel stated the group, as a whole, takes extreme objection to this ordinance and the way it is presented. The primary concern is that an outdoor public address system is no different than any other noise the City might have. The City has chosen to regulate other noises through decibel levels and they feel that is the only appropriate method to regulate noise. That equipment is in-house with trained personnel to test for noise. The City should consider the -5- 4/14/87 possibility of having to shut down the public address systems at the ball fields, if this ordinance is passed. Does this mean if the speak- ers are inside and pointed to the outside of a building, they, too, will be regulated? He does not feel there has been enough study put into the community at large to see if it is objectionable. Many of the auto dealerships are not near residential property and should not be regu- lated in the same manner. With respect to the amortization period, he feels it reasonable to look to accepted accounting principals as to what the useful life of a product is and the reasonable recovery period. Nearly all the zoning regulations that he has read, from a national standpoint, try to use amortization approaches in zoning that relate to generally accepted accounting principals and also to the recovery period of the life of the product. He requested this item be tabled and work- shopped and feels the decibel approach is the sensible way to go. Elizabeth Matthews, 1024 White Drive, representing the Beach Property Owners Association, stated that for several years they have been forwarding complaints to the City from people who live at 400 Seasage Drive. Noise carries over water easily, but there have been numerous complaints from residents on the east side of the Intracoastal concerning the noise coming from the Chevrolet dealership on Federal Highway. Paul Smith, 924 Jasmine Drive, stated that he takes exception to those people who feel the decibel approach is the solution, that only a few residents are abused by the noise, that the timing should not be a concern and the discussion of the financial amortization of a limited amount of expenditure. The residents in and surrounding the Tropic Isle area strongly recommend the Commission adopt this ordinance, as recom- mended, and the time table of October 1, 1987, for existing dealers. Marian MacLeod, stated that the people in her area are within 500 feet of one of the auto dealers and are able to hear the noise all day and late into the evening. She urged the Commission to pass this ordinance. Arthur Taylor, President of O.C. Taylor Motors and President of the Delray Beach Automobile Dealers, stated that he would like to make one suggestion; that it be incorporated into the ordinance the fact that the speakers could not be used beyond a certain time. He moved into a new building 14 or 15 months ago and at that time a public address system was installed. A complaint was lodged against them and a police officer was dispatched with a decibel meter. He checked the noise level, assured them that they were in violation, so the volume was turned down. Since that time, there have been no further complaints. The City has a noise ordinance, but it appears it is not being enforced, if it is being used. Don Doornbos, 2320 Spanish Trail, stated that he takes excep- tion to anyone who states there are only a few residents in Tropic Isle, Tropic Bay or Pelican Harbor that are objecting to the automobile dealerships and the problems they have brought to the residential community. He requested that the Commission pass the ordinance and continue to give their attention to this problem from Linton Boulevard to the C-15 canal. Charles Smith stated that he would like to remind everyone that ball games and civic events do not operate on a seven day a week, twelve to fourteen hour basis. He requested that the Commission pass the ordinance. Dan Burns stated he formerly lived in the area the previous speakers are referring to and he is aware of their problem. He could hear his own public address system at that time. When they built the new building, they installed a smaller speaker that does not point in the direction of Federal Highway. The remainder of the speakers were also reduced in size for the same reason. There is a law currently on the books and he does not understand why the decibel rule is not used. He feels he is being penalized, as he is not located in a residential area and has no speakers that are in violation. -6- 4/14/87 Jean Beer stated that she feels the problem is that the law currently on the books does not work because there is an enforcement problem. In addition to that, it is not only the dealerships on the east side of Federal Highway that can be heard, but also those on the west side. When a complaint is called in, by the time an officer arrives, the volume has been turned down and, on the officer's depart- ure, the volume goes up again. She urged the Commission to pass the ordinance. Phil Douglas, 534 Sandpiper Circle, stated that he has watched private citizens create havoc. Some of these dealerships have been here for many years. He feels the residents who have moved here after the fact have no right to complain about an industry that provides a great deal of revenue for the City. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 37-87 on Second and FINAL Reading, with the correction as advised by the City Attorney, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mrs. Horenburger questioned when a special activity is sched- uled for the downtown area, if passage of this ordinance will affect the public address portion. The City Attorney stated that it would be prohibited, although there are exceptions for concerts, etc. The City has a provision in the current code, where exceptions for public events can be provided. Mr. Dougherty stated he would like to make an amendment to the motion on the floor to add a provision that the decibel reading ten feet outside the property line be less than one decibel. Mayor Campbell stated that if the outdoor speakers were to be banned this would be unnecessary. Mayor Campbell stated that relative to the amortization period, he has received no information as to the cost of a public address system. There are no figures available for the Commission to reply to the complaint. Mr. Federspiel stated that none had been requested. They are combining the cost of the original investment and the current replacement cost. He feels the best approach would be to table the ordinance and study it more thoroughly, as it is an ordinance that may be confiscatory, based upon a six-month amortization. Mayor Campbell stated if they will present a legitimate case to the Commission, indicating this is an unfair time period, they will be willing to look at that. At this time, there is no evidence to the contrary. Mr. Federspiel stated he feels that is doing things backwards, but he will discuss the overall ordinance with the automobile dealers. He feels the decibel level is a critical element when it is being differentiated between noise sources. He also feels the ordinance is suspect, but not limited to the amortization. Mr. Weatherspoon stated that he agrees with passing the ordi- nance, giving a time frame to supply the cost data to the Commission. During that time, to eliminate the noise, he felt it would be helpful to learn what affect the reduction of the decibels would show. If it takes the banning of the public address systems, he is in favor. If it can be accomplished by lowering the decibels, he would be in favor of that. At this time the roll was called to the motion. 9. Ordinance No. 38-87 - Amending Zoning Code - Landscaping. ~rdinance No. 38-87, amending Chapter 30 "Zoning" of the Code of Ordi- nances relative to special landscape setbacks, is before the Commission on Second and FINAL Reading. Prior to consideration of passage of this -7- 4/14/87 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. 38-87: 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 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (H) AND ENACTING A NEW SUBSECTION (H) TO ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR FEDERAL HIGHWAY; BY REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (K) AND ENACTING A NEW SUBSECTION (K) TO ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR WEST ATLANTIC AVENUE; PROVIDING A SAVING CLAUSE; PRO- VIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 38-87 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. Dick Eckerle, 382 S.W. 27th Avenue, stated he has requested an interpretation of the provisions of this ordinance from the Assistant City Attorney relative to the residential areas along Atlantic Avenue and has not received a reply. Mayor Campbell stated that a reply is in the mail and if the site plan has been approved, it will not change. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 38-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horen- burger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. 10. Ordinance No. 33-87 - Amending Code - Parking Violations. Ordinance No. 33-87, amending Chapter 26 "Traffic" of the Code of Ordinances relative to parking violations, is before the Commission 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. 33-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", ARTICLE II, "STOPPING, STANDING, AND PARKING", DIVISION 3.5, "PARKING METER ZONES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 26-69, "VIOLATIONS", TO ENACT A NEW SUBPARAGRAPH (G) TO ESTAB- LISH THAT IT SHALL BE UNLAWFUL TO VIOLATE SECTION 26-68, "PARKING PERMITS", PROVIDING THAT IT SHALL BE UNLAWFUL TO DEFACE A PARKING PERMIT OR TO TRANSFER A PARKING PERMIT WITHOUT APPROVAL IN ADVANCE BY THE CITY MANAGER; BY ENACTING A NEW SUBPARAGRAPH (H) TO ESTABLISH THAT IT SHALL BE UNLAWFUL TO PARK A VEHICLE IN ANY PARKING LOT OR SPACE WHICH REQUIRES PARKING PERMITS WITHOUT DISPLAYING A VALID PARKING PERMIT; PROVIDING A SAVING CLAUSE; PROVID- ING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 33-87 is on file in the official Ordi- nance Book) -8- 4/14/87 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. 33-87 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 34-87 - Amending Code - Parking Penalties. Ordinance No. 34-87, amending Chapter 26 "Traffic" of the Code of Ordinances relative to parking penalties 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. 34-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", ARTICLE II, "STOPPING, STANDING, AND PARKING", DIVISION 3.5, "PARKING METER ZONES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 26-71, "PENALTIES", TO ADD A NEW SUBPARAGRAPH (d), TO RELETTER OLD SUBPARAGRAPH (d) TO (e), TO PROVIDE A FINE FOR ANY PERSON WHO DEFACES A PARKING PERMIT OR WHO TRANSFERS A PARKING PERMIT FROM THE VEHICLE FOR WHICH IT WAS ACQUIRED TO ANOTHER VEHICLE WITHOUT APPROVAL IN ADVANCE BY THE CITY MANAGER, TO PROVIDE A FINE FOR ANY PERSON WHO PARKS A VEHICLE IN ANY PARKING LOT OR SPACE WHICH REQUIRES A PARKING PERMIT WITHOUT DISPLAYING A VALID PERMIT; PROVID- ING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 34-87 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. Dougherty moved for the adoption of Ordinance No. 34-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 12. Ordinance No. 30-87 - Amending Code - Planned Commercial Center District Signage. Ordinance No. 30-87, amending Chapter 9 "Building and Construction" of the Code of Ordinances relative to signage governing the Planned Commercial Center 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 scheduled to be held at this time. The City Manager presented Ordinance No. 30-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDING AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS", BY AMENDING SECTION 9-210, "SIGNS PERMITTED AND REGULATED", TO ENACT A NEW SUBPARAGRAPH, TO PROVIDE SIGN CRITERIA FOR THE PCC, PLANNED COMMERCE CENTER DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 30-87 is on file in the official Ord- inance Book) -9- 4/14/87 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. 30-87 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 13. Ordinance No. 31-87 - Amending Zoning Code - Definition of Ki%chen. Ordinance No. 31-87, amending Chapter 30 "Zoning" of the Code of Ordinances to provide for the definition of kitchen, 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. 31-87: 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 30-1, "DEFINITIONS", BY ENACTING A NEW SUBSECTION (45b), "KITCHEN", TO PROVIDE FOR THE DEFINITION OF KITCHEN; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 31-87 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. 31-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 14. Ordinance No. 23-87 - Amending Code - Floor Slab Elevations. Ordinance No. 23-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to establishing an alternative variance procedure to permit floor slab elevation of less than 18 inches above the crown of the road, 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. 23-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", ARTICLE II, "BUILDING CODE", SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 105.4, "PLOT DIAGRAM" TO ADD A CLAUSE TO SECTION 105.4(B), WHICH ESTABLISHES AN ALTERNATIVE VARIANCE PROCEDURE TO PERMIT FLOOR SLAB ELEVATIONS OF LESS THAN EIGHTEEN (18) INCHES ABOVE THE CROWN OF THE ROAD, BUT ABOVE THE 100 YEAR FLOOD PLAIN ON REMODELING TO EXISTING BUILDINGS AND ADDITIONS TO EXISTING BUILDINGS; WHICH PROVIDES FOR AND REQUIRES THE EXECUTION AND RECORD- ING OF A DOCUMENT WHICH INCLUDES COVENANTS WHICH RELEASE THE CITY, ITS EMPLOYEES, AGENTS, AND OFFICIALS FROM ANY AND ALL LIABILITY FROM ALL CLAIMS, ACTIONS, AND CONTRO- VERSIES ARISING FROM SAID VARIANCE; WHICH REQUIRES COVENANTS TO DEFEND, SAVE AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, AGENTS, AND OFFICIALS FROM ANY CLAIMS, ACTIONS AND CONTROVERSIES ARISING FROM SAID VARIANCE; WHICH -10- 4/14/87 REQUIRES SAID COVENANTS TO RUN WITH THE LAND BINDING THE PERSONAL REPRESENTATIVE, SUCCESSORS, HEIRS AND ASSIGNS OF THE PROPERTY OWNER; WHICH PROVIDES FOR THE DOCUMENT EMBODYING THE AFOREMENTIONED COVENANTS TO BE APPROVED BY THE OFFICE OF THE CITY ATTORNEY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 23-87 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. Elizabeth Matthews stated that she would like staff to explain the reasoning behind this. The City Attorney stated it was done in response to concerns expressed previously by the Commission. The only other methodology providing an exception to the floor slab elevation requirement of eighteen inches above the crown of the road, was for that person to hire an engineer to make a study. This was mainly for addi- tions that were required to be constructed on the same level as that of the existing structure. It must be eighteen inches above the crown of the road or it will be necessary to prove to the City Engineer why it is unnecessary to do so. This allows those persons a third methodology, allowing a document to be filed that would appear in a title search, indicating that it was not built in accordance with the current code but rather below the eighteen inches. It runs with the land and is a hold harmless provision. Vice-Mayor Horenburger stated she thought the Board of Adjust- ment granted variances for situations of this nature. This would indicate that anyone could go for a variance. The City Attorney stated that that was correct. Vice-Mayor Horenburger questioned the need for this ordinance. The City Attorney stated that it originated, due to a request from the Commission, to provide a quicker and less expensive alternative. The filing fee for a variance is $125 and takes approx- imately six weeks to be agendaed. James Johnson, Chief Building Official, stated that the release that is proposed in the ordinance would be an automatic release people could avail themselves of. When the Board of Adjustment is involved, the applicant is subject to the action of the Board. Cases have been appearing before the Board of Adjustment in error and should have been appearing before the Board of Construction Appeals. That Board ap- proaches it from a standpoint of equal to the Code. They cannot grant variances to the Building Code, but rather state the person has substan- tially complied. He feels the ordinance is a reasonable provision. Vice-Mayor Horenburger questioned if this variance procedure establishes a tool for the Board of Construction Appeals and behaves like the procedure of the Board of Adjustment. The City Attorney stated it is a self-help waiver for the applicant. Vice-Mayor Horenburger stated she does not agree with an automatic waiver, but feels the applicant should go through some process where justification is given to the Board of Construction Appeals or some office of the City Government. Mr. Johnson stated this is separate from the floor elevation in relation to the flood plain, which is controlled by the Board of Adjust- ment. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 23-87 on Second and FINAL Reading, seconded by Mr. Dougherty. Mr. Dougherty stated that he has problems with reference to the one hundred year plain. The Florida Water Management District will set the elevation of any given structure. Recently a building was built, based on what the flood management directed, which was considerably -11- 4/14/87 above the one hundred year plain. He feels the Florida Water Management District supersedes the one hundred year flood level indication. Mr. Weatherspoon stated that the intent was to grant the relief without going through the bureaucracy. The reason behind the one hundred year flood plain was that the City was willing to grant people the right to build below the eighteen inches. They should be at the one hundred year flood plain which, in most cases, would be the minimal elevation to build. Mayor Campbell returned to the Commission chambers at this time. Mr. Dougherty stated if an applicant is allowed to make this request and it is approved, it seems to him that someone in the future is going to be faced with a flooding problem. A new owner is going to be informed that a waiver of condition was filed and unless he has had a title search, he may be unaware of the situation. Mr. Weatherspoon withdrew his motion, and Mr. Dougherty with- drew his second. The City Attorney stated the ordinance will exist that way unless the Commission chooses to eliminate it. He suggested the Commis- sion dispose of the ordinance. Mr. Weatherspoon stated the ordinance has been workshopped, went to First Reading and the same ideas were discussed. The Commission reached a consensus at the workshop and if everyone was so concerned, he does not understand how it reached this level. Mr. Weatherspoon moved to postpone the action until further consideration. The motion died for lack of a second. Mrs. Horenburger moved for approval of Ordinance No. 23-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - No; Mrs. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 5 to 0 vote. 15. Ordinance No. 26-87 - South County Mental Health Center Annexa- tion. Ordinance No. 26-87, relative to annexing a 5.07 acre parcel subject to MOI (Medical Office and Institutional) district, is before the Commission for consideration on Second and FINAL Reading. The property is located on the east side of Military Trail, approximately 700 feet south of Linton Boulevard. This annexation is being accomp- lished by virtue of a water service agreement executed on June 18, 1981. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 26-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THAT PART OF THE NORTH HALF (N 1/2) OF THE SOUTH HALF (S 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF LINTON BOULEVARD; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MOI (MEDICAL OFFICE & INSTITUTIONAL) DISTRICT; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 26-87 is on file in the official Ord- inance Book) Mrs. Horenburger left the Commission .Chambers at this time. -12- 4/14/87 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. Dougherty moved for the adoption of Ordinance No. 26-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 16. Ratification of Sale of City Property. The ratification of sale of a portion of Lot 26, Subdivision of Section 20, Township 46 South, Range 43 East, S. W. 10th Avenue, is before the Commission for consideration. This parcel is included in the land swap with the Archdiocese. Prior to consideration a public hearing has been scheduled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this is a parcel of vacant property that was previously acquired from the Archdiocese of Miami, now Palm Beach, in a land swap that took place nearly a year ago. The purpose was to sell it for ten dollars and other good and valuable consideration to the Delray Housing Authority. The cost of the transaction was to be born completely by the City. Mayor Campbell questioned if it would be appropriate to include a conditional clause that, if the property should not be used in con- junction with a housing project to be built or sold collectively to a developer to be used for a housing project, the property would revert back to the City. The City Attorney stated it could be put in as a reversion. The public hearing was closed. Mr. Weatherspoon moved to approve the ratification, subject to the reverter clause as outlined by Mayor Campbell, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 17. Requisition No. 19 - S. G. Phillips Constructors of Florida, ~nc. The Commission is to consider authorizing payment of Requisition No. 19, in the amount of $24,019.50, for Regional Wastewater Plant Expansion. Approval is recommended. 18. Reconstruction of Lift Station No. 84. The Commission is to consider awarding a contract to the low bidder, R. J. Sullivan Corpora- tion, for the reconstruction of Lift Station No. 84, located at 480 High Point Drive, in the amount of $18,800, with funds to come from the 1986/1987 budget. Approval is recommended. 19. Pickup Truck - Public Works Department. The Commission is to ~onsider awarding a contract to Bill Wallace Ford, because of warranty service, for one one-half ton pickup truck in the amount of $9,357.80, with funds to come from the 1986/1987 budget. Approval is recommended. 20. Vans and Large Four-Door Sedan - Fire Department. The Commis- sion is to consider awarding a contract to Bill Wallace Ford, because of warranty service, for two economy Aerostar Vans, and one E-150 Club Van in the amount of $33,754.04, with funds to come from the 1986/1987 budget and one 1987 LTD Crown Victoria four-door sedan in the amount of $11,300 with funds to come from the 1986/1987 budget. Approval is recommended. -13- 4/14/87 22. Change Order No. 3 - Asbestos Abatement of Florida, Inc. The Commission is to consider approval of Change Order No. 3, which com- pletes the asbestos removal at the North Water Treatment Plant and South Water Treatment Plant in the amount of $6,200 with funds to come from the 1986/1987 budget. Contract price prior to this CO was $116,479. 23. Automated Fuel Management System - Public Works Complex. The Commission is to consider awarding a contract to McDonough Equipment Company, the only Tokheim distributor, in the amount of $21,305, with funds to come from the General Fund Capital Improvement Reserve. Approval is recommended. 25. Change Order No. 1 - B. K. Marine Construction. The Commission is to consider approval of Change Order No. 1, for repair of the City Marina seawall in the amount of $24,912.50, with funds to come from the Marine Fund-Retained earnings. Contract price prior to this CO was $112,500. Approval is reco .mmended. 26. Administrative Relief for the Delray Seafood. The Commission is to consider authorizing execution of an agreement between the City and Leo Blair for off-site parking at 120 S. E. 4th Avenue. Approval is recommended. 27. Paving Agent .and Registrar. The Commission is to consider appointing the low bidder, Florida National Bank, to serve as paying agent and registrar for the $10,500,000 Utility Tax Bond Issue. Annual Fee will be $750, with funds to come from the General Fund - Debt Service. Approval is recommended. 28. Tal-Mason Water Service Agreement. The Commission is to consider a request for a water service agreement for a 0.25 acre parcel, located on the south side of Ellwood Drive, between Barwick Road and Gallagher Drive. The site is vacant; however, a single family home is proposed to be built. Approval is recommended. 29. Oxford Water Service Agreement. The Commission is to consider a request for a water service agreement for a 0.27 acre parcel, located on the south side of Coconut Road, between Seacrest Boulevard and Swinton Avenue. The site is occupied by a single family home. Approval is recommended. 31. Rules of Procedure - Board of Construction Appeals. The Commission is to consider rules of procedure for the Board of Con- struction Appeals. Approval is recommended. 32. Nuisance Abatement. Resolution No. 12-87, assessing costs of abating nuisances in accordance with Section 13-13 on 54 parcels, is before the Commission for consideration. The caption of Resolution No. 12-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH, SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 12-87 is on file in the official Resolution Book) Mr. Weatherspoon moved to approve the Consent Agenda, less Items No. 21, 24 and 30, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -14- 4/14/87 REGULAR AGENDA General Administration, Finance and Personnel 21. 1986/1987 Sidewalk Pro~ect. The Commission is to consider awarding a contract to the low bidder, Henry Haywood, in the amount of $35,625, with funds to come from the General Fund Contingency from lapsed funding in 1985/86, for sidewalks at the following locations: S. E. 1st Street - Swinton to 1st Avenue N. W. 37th Avenue - North of Lake Ida Road S. W. 8th Court - Swinton to S. W. 4th Avenue Avenue L - Florida Boulevard to Spanish Trail N. W. 1st Street - Swinton to N. W. 1st Avenue Mrs. Horenburger returned to the Commission chambers at this time. Mr. Weatherspoon stated that he did not understand the cir- cumstances of the bid nor the section of the project that was deleted, as a result of attempting to stay within the budgetary restriction. The City Manager stated the project is bid on a unit basis. The Fourth Street project is in a section that will be done under a Community Development Program. The funds will be taken out of the Urban Home- steading Program rather than this fund. The sidewalk will go in, but under another funding source. Mr. Weatherspoon questioned the length of the sidewalk that is to be eliminated. Gerald Church, Director of Public Works, stated that the length of the sidewalk is approximately 1200 feet or four blocks. It runs from S. W. 8th Avenue to S. W. 12th Avenue. The sidewalks have been con- structed on 8th Avenue, so it will be a continuation to Carver Middle School. Mr. Weatherspoon stated several months have elapsed since the Commission approved this budget. He would like to see that some of the budgeted money, that has not or will not be used, be supplemented so this project can be completed now. Mr. Church stated that this is like a new subdivision and many new homes are expected to be constructed. If sidewalks are put in now, across what will be driveways, those sidewalks will be disturbed. The sidewalk will go on the south side. Mr. Weatherspoon moved to award the contract for the sidewalk project, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mr. Dougherty questioned why there were no bids received. Mr. Church stated it was advertised and apparently building sidewalks is not too attractive. It was followed up by individual contact with business- es the City is familiar with. He feels it is a competitive bid and the price is reasonable. The City Manager stated they were faced with the same problem last year. One reason listed was the fact that the con- tracts were relatively small and the bid requirements were high. The City Attorney's office is working on this to try and reduce those elements down in order to qualify for small bidders. 24. Contract for Tennis Center and Club House - Municipal Golf Course. The Commission is to consider authorizing execution of a contract between the City and Roy Simon for architectural services for the Tennis Center and restoration of the Club House. Mr. Simon would receive 8% of the cost of new construction and 12% of the cost of renovation for a total of $64,720, with $49,120 to come from the Re- creation Impact Fee Fund and $15,600 to come from the Golf Course Fund. Mr. Weatherspoon questioned the total amount the City has currently in the Recreation Impact Fee Fund. The Finance Director stated the total amount is $309,000. -15- 4/14/87 Mr. Weatherspoon questioned if the 8% for new construction and 12% for renovation by an architect is industry standards. The City Manager stated the figures are comparable to other contracts that the City has issued. Mrs. McCarty questioned whether the City was going to relocate the seventh fairway. Mayor Campbell stated that would need to be reviewed before the project commenced, but at this time they are author- izing the architectural contract only. The architect will need some input prior to his finalization to design, not only relative to the golf course, but also to the total amount of courts. Mr. Dougherty stated that according to the site plan at the time this work was authorized, the seventh fairway was not to be af- fected. There was a question that perhaps it would add a small amount of safety to take the two most easterly courts and move them into the triangular area. If the owner would be agreeable in selling it to the City, that may determine whether there will be twelve or fourteen courts. Mayor Campbell stated that the Commission should make a con- sensus that they want nothing to affect the seventh fairway. If the property is acquired, they will go to fourteen courts; if it is not, then it will be limited to twelve. The Commission concurred. Mrs. Horenburger moved for approval of the contract for the Tennis Center and Club House on the municipal golf course, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 30. Sign for South County Courthouse. The Commission is to con- si-~er a request of waiver to erect a project sign at the site of the South County Judicial Facility on Atlantic Avenue. Mr. Weatherspoon stated that he would like to know why the waiver was needed, in order to place the sign, prior to the sixty days that the current ordinance requires. The City Manager stated that it is notification to the public that the County Commission is building a Court House. Mrs. Horenburger moved for approval, seconded by Mr. Weather- spoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell -Yes. Said motion passed with a 5 to 0 vote. 33. Acquisition of .79 Acres - North Swinton Avenue and N. E. 1st Street. The Commission is to consider authorizing execution of a contract between the City and Gracey-Helms Investments, Inc. for the purchase of a .79 acre parcel, plus house, in the amount of $183,500 ($197,000 less $13,500 City demolition cost), subject to verification of property value prior to closing. Funding is to come from General Fund Unrestricted Fund Balance. Approval is recommended. Mrs. Horenburger moved for approval of the contract between the City and Gracy-Helms in the amount of $197,000 less $13,500 City demoli- tion cost, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call the following discussion was had: The City Attorney stated the written contracts were received from Gracey-Helm, with a provision that is an option for the City to opt out if they choose to have it appraised and it shows that that value was not reasonable. It is the City's definition of what is reasonable. The City Manager stated as the motion indicates, it will be subject to verification of the land value. -16- 4/14/87 Mrs. McCarty questioned if it was the Commission's direction to have the property appraised. The City Manager stated the City would have it appraised. At this point the roll was called to the motion. 34. Appointment - Civil Service Board. The Commission is to consider the appointment of Milford Ross, a regular member, who would be willing to serve another term as a regular member ending April 1, 1989. Mrs. Horenburger moved for approval, seconded by Mr. Weather- spoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 35. Appointment - Delra¥ Beach Human Relations Committee. The Commission is to consider ratifying one NAACP appointee to a term ending March 15, 1988: Willy J. Spivey Mrs. Horenburger moved to ratify the appointment of Willy J. Spivey to a term ending March 15, 1988, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 36. Appointments - Board of Construction Appeals. The Commission is to consider the appointment of two members (Engineer and Real Es- tate/Insurance) to the Board of Construction Appeals to terms ending January 1, 1989. Mrs. Horenburger moved for the appointment of William Koch III, to the Board of Construction Appeals, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. The City Manager was requested to contact Mr. Richard Shermeta to determine if he would be willing to serve as the engineer member for this Board. 37. Appointment - General Employees Pension Board. The Commission ks to consider the appointment of a member to the General Pension Board. Mrs. Horenburger moved to appoint Mrs. McCarty to the General Employees Pension Board, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Planning and Development 38. Amendments to Contract between City and Walter H. Keller, Jr., Inc. The Commission is to consider proposed amendments to contract for compliance with contract between the City and the Department of Communi- ty Affairs. Approval is recommended. Mrs. Horenburger moved for approval, seconded by Mr. Weather- spoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 39. Amendment to Contract between the City and Solin & Associates. The Commission is to consider a proposed amendment to contract for compliance with contract between the City and the Department of Communi- ty Affairs. Approval is recommended. Mrs. Horenburger moved for approval, seconded by Mr. Weather- spoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -17- 4/14/87 40. City Comments on Four County Petitions. The Commission is to consider a request for transmittal of City comments to the County relative to the following petitions for special exception or site plan modifications for unincorporated areas: a. Panagos Office/Warehouse b. Motor Homes and RVs on Military Trail c. N.E. 8th Street Marina d. Volvo Dealership Approval is recommended. Mrs. Horenburger stated water service for warehouses was previously denied. There is a recommendation by Staff that the City Code would require additional parking. The City is concerned that insufficient parking may impact adjacent land uses. Mrs. Horenburger moved that comments be sent to the County Commission regarding County Petition 87-39, that the City Commission is concerned that insufficient parking may impact on adjacent land uses, seconded by Mr. Weatherspoon. Mr. Dougherty stated he understood that a letter had been sent to the County Commission requesting they not consider any changes until such time as the Enclave Act was implemented. Mayor Campbell stated this does not concern the Enclave Act. Mr. Dougherty stated the CRA makes a comment in their letter that it does relate to the City. Mayor Campbell suggested a substitute motion be made to send comments to the County Commission, that they should take no further action on any of the four items. Mr. Weatherspoon stated he felt the City had explicitly refer- enced the properties that were addressed in the Enclave Act. Mrs. Horenburger stated not all four items were near the CRA area. The two that are in that corridor are Items a and d. Mr. Dougherty made a substitute motion requesting that the County treat all four items in the same manner and take no further action, as these are going to impact the City of Delray and will be potentially in future areas to be annexed, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated that relative to Item a, one thing not mentioned is the fact that the City refused the application for water service primarily due to the usage. He is not in favor of the Office/- Warehouse usage. Mrs. Horenburger stated that the two items lying in the cor- ridor of North Federal Highway are in the redevelopment area. There is a request for an office/warehouse, an auto dealership, and numerous parcels along that area on Federal Highway that will begin to redevelop. If the City wants a good and effective change on that corner, there is a need for very special planning. There is a significant amount of land to the east between the Intracoastal and Federal Highway that is devel- oped as residential or may be redeveloped as quality residential. The County Commission needs to plan with the City for the redevelopment of that area. Mr. Weatherspoon stated that one thing that should be taken into consideration are the people directly affected, at least the Board of Directors, that base their options on the County's existing zoning. Mrs. Horenburger added that regardless of what is developed in this area, they are going to need water service from the City. This -18- 4/14/87 needs to be planned very carefully with the County, as they govern a broader area with many and varied needs other than those in the urban areas. At this point the roll was called to the motion. 41. Ordinance No. 39-87 - Amending Zoning Code - MIC (Mixed Indus- trial and Commercial) Zoning District. Ordinance No. 39-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to MIC (Mixed Industrial and Commercial) Zoning District, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 28th. The City Manager presented Ordinance No. 39-87: 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 30-15.4 "MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT", SUBSECTION (B), "PERMITTED USES", (3) "MANUFACTURING USES" BY ADDING "AWNINGS" AND "GARDEN STATUARY, POTTERY, LAWN TABLES AND SMALL CONCRETE PRO- DUCTS" AS PERMITTED USES; BY AMENDING SUBSECTION (B), "PERMITTED USES", (4) "WHOLESALE TRADE" BY ADDING "AND APPLIANCES" TO (c), BY ADDING "AND NURSERIES" TO (f), AND BY ADDING "SEASONAL HOLIDAY GOODS" AS A PERMITTED USE; BY AMENDING SUBSECTION (B), "PERMITTED USES", (7) "RETAIL TRADE (AS AN ACCESSORY USE NOT TO EXCEED 25% OF THE TOTAL FLOOR AREA)" BY ADDING "SEASONAL HOLIDAY ITEMS (CHRISTMAS TREES, FRUIT BASKETS, OTHER SEASONAL ITEMS)" AS A PERMIT- TED USE; AND PROVIDING FOR RELETTERING THEREOF; BY AMENDING SECTION 30-15.4 "MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT", SUBSECTION (C), "CONDITIONAL USES" BY ADDING "CONTRACTORS, INCLUDING STORAGE YARDS IN REAR YARDS, SCREENED FROM VIEW FROM ADJACENT PROPERTIES AND ANY PUBLIC RIGHTS-OF-WAY ACCORDING TO REQUIREMENTS WHICH MAY BE SPECIFIED BY THE PLANNING AND ZONING BOARD AND THE COMMUNITY APPEARANCE BOARD" AS A CONDITIONAL USE; AND PROVIDING FOR RENUMBERING THEREOF; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Campbell stated that he would like to know where this originated. The Commission did not workshop the ordinance and on their behalf, he felt everyone was entitled to know who applied and how it all began. The City Attorney stated that it was his understanding that the people who are the subject of Item No. 42 prompted this ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 39-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Corm~ission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 42. Ordinance No. 40-87 - Peterson Rezoning. Ordinance No. 40-87, relative to rezoning a 1.09-acre parcel from LI (Light Industrial) District to MIC (Mixed Industrial and Commercial) District, located on the west side of Congress Avenue, between Atlantic Avenue and the L-12 Canal, is before the Commission for consideration on First Reading. It is designated I (Industrial) on the City's Land Use Plan. If passed, Public Hearing will be held April 28th. The City Manager presented Ordinance No. 40-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT IN MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT A TRACT OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: -19- 4/14/87 THE SOUTH 145 FEET OF THE NORTH 170 FEET OF THE EAST 720 FEET OF THE WEST 5/8 OF THE NORTH 1/2 OF THE SOUTH 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 18, LYING WEST OF THE RIGHT-OF-WAY OF CONGRESS AVENUE. SAID LAND IS LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, BETWEEN WEST ATLANTIC AVENUE AND THE L-32 CANAL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 40-87 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Public Utilities 43. Ordinance No. 32-87 - Amending Code - Increase in Sewage Disposal Rates. Ordinance No. 32-87, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to posting of rates in City Hall, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 28th. The City Manager presented Ordinance No. 32-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "SEWERS AND SEWAGE DISPOSAL", BY AMENDING DIVISION 1, "GENERALLY", BY AMENDING SECTION 29-63, "SERVICE RATES AND CHARGES IMPOSED", TO ELIMINATE THE LISTING OF SPECIFIC RATES FOR RESIDENTIAL AND NONRESIDENTIAL SEWER SERVICE AS ASSESSED BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT DISPOSAL BOARD; TO PROVIDE THAT SPECIFIC RATES, UPON RATIFICATION BY THE CITY COUNCIL, SHALL BE POSTED IN A CONSPICUOUS LOCATION IN CITY HALL; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 32-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty stated that since this did not come before the Waste Water Authority Board, he was curious as to the reason for chang- ing the rate. The City Attorney stated that it is not a change in rate. This arose through a request from the Finance Department. When the SCRWTD BOARD increases rates, it appears immediately in the bill that is received by the City. Those rates are currently fixed in the ordinance so there has been a lag time of up to six weeks before the rates that are paid by the users reflect the bill the City is already paying. This way, it can be done by a ratification motion and cut four weeks off the turn around time. Mr. Weatherspoon stated that basically, the City is changing the notification process and he objected to that without proper notifi- cation to the public. Mayor Campbell suggested they pass the ordinance on First Reading, giving the Commission an opportunity to investigate it more thoroughly. -20- 4/14/87 At this point the roll was called to the motion. Legal 44. James O. Newman v. William Adams and James Johnson. The Commission is to consider retention of outside independent counsel regarding James O. Newman v. William Adams and James Johnson. Approval is recommended. Mr. Weatherspoon moved to approve, seconded by Mrs. Horen- burger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 45. Settlement Offer in City of Delray Beach v. Arthur Novick Case. The Commission is to consider a settlement offer of $30,000 in the City of Delray Beach v. Arthur Novice case. Denial is recommended. The City Attorney stated in the agenda there is a misprint and each Commissioner should have received an addendum. It should read denial rather than approval. Mrs. Horenburger moved for rejection of the settlement offer of $30,000, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS 46. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of March 10, 1987, and Special Meetings of March 3, 1987, March 12, 1987 and March 17, 1987, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 47.a.1. Mr. Weatherspoon questioned the status of the beach project. The City Manager stated they were waiting for a few items, including the sidewalks, to be put in place. 47.a.2. Mrs. Horenburger stated that she feels they are bogged down on the Child Care Ordinance. She asked if it would be appropriate if Staff could contact the Community Child Care Center and ask them to consider being a part of the agency that would administer this program. The City Attorney stated that the report on the fee basis is due on May 15th and that is the only factor they are waiting for. 47.a.3. Mr. Dougherty stated at the meeting on Monday relative to beach erosion the question arose concerning the turtle ordinance. A new County wide Ordinance is being proposed and, if it can be placed on a workshop agenda, he will brief the Commission on the details of the meeting on Monday. 47.a.4. Mrs. Horenburger stated that she would like to report briefly on a meeting she attended in Tallahassee last week on behalf of the City and the Treasure Coast Regional Planning Council. She met with the new Secretary of the Department of Transportation who stated there were going to be some major changes in that organization. She also attended a meeting of the Florida Regional Council's Association, where she was nominated to be the first vice-president. They met with the Department of Community Affairs Secretary and were assured that more control will be returning to local government. The Secretary of DOT assured her he would be in Delray in June to consider some of the problems facing the City. 47.b. There were no non-agenda items from the City Attorney. 47.c.1. The City Manager stated that a request for clarification comes from the inspections office relative to the Delray Mall. In reference to no pole signs, the Inspections Division would like to know if it is -21- 4/14/87 the Commission's intent that the existing pole signs be removed, that there be no pole signs put on the new entrances to the shopping center or were they referring only to the corner site. 47.c.2. The City Manager stated that notice was received that Delray did not get the Florida Department of Natural Resources grant for Barwick Park. At the same time, bids were opened for Phase II, as planned, on April 2, with Bushouse and Associates being low bidder. He questioned if the Commission wanted this item to be placed on the next regular agenda or would they prefer to workshop the issue. Mayor Campbell stated he felt it had been workshopped suffi- ciently and could be placed on the next regular agenda. Upon question by Mr. Dougherty as to where the funds were to come from, the City Manager stated the money was previously set aside from the Recreation Impact Fee. 47.c.3. The City Manager extended his appreciation to Mrs. Sumrall from the Planning Board, Pete Cheney, the City Manager of Boynton Beach, Carmen Annunziato, the Planning Director of Boynton Beach, former Mayor Leon Weeks and the City's Personnel Director in helping in the process of selecting a new Planning Director. The panel interviewing the final four applicants found they had a very difficult decision. The offer has been accepted from David Kovacs, currently the Director of Development for the City of Durango, Colorado. He also thanked Stan Weedon for serving as Acting Director and for the work he will be doing for the next two months and hope he continues to remain with the City for a long time. 47.d.1. Robert McCullou~h, 1885 N. W. 9th Street, stated that he hopes to walk away with some answers tonight. Item No. 47 represents input from the community and he hopes that what he is addressing represents something for the welfare of the community. He is interested to know what the reasoning was for moving the citizens comments to the very last item on the agenda, in place of where it was formally located closer to the beginning. Mayor Campbell stated the Commission recently had a workshop on that item and it was the unanimous consent of the Commission to make the change. 47.d.2. Mr. McCullough stated that he has spoken to the Commission prior to this meeting relative to the crime in the City. To date he has received no feedback to his remarks, leaving him to assume what he is saying has no merit. He is extremely concerned about the crime element in the City and what is being done to abate it. A parcel that he owns in the City has been the subject of 23-28 cases of vandalism, the most recent of which cost his insurance company $14,000. He would like to know if any action is going to take place. Mayor Campbell stated that it is appropriate for a general discussion of these matters at a workshop meeting. He suggested he call any member and request that it be put on a Workshop Agenda. 47.d.4. Robin Smith, 1202 N. W. 2nd Street, stated he would like to bring to the attention of the Commission his concern regarding the flea market on Federal Highway. He feels there should be a pedestrian crossing installed to reduce the amount of jaywalking. Dispatching some police officers to assist in seeing that the traffic flows smoothly would also be helpful. 47.d.5. Beril Kruger, 3116 Spanish Trail, stated that he has appeared before the Commission on a previous occasion complaining about the speeding in Tropic Isle. After listening to residents complain about people test-driving cars, he would like to say that the residents themselves are the ones who are speeding, not the test drivers. There are young people with Corvettes, Firebirds, Transams, etc. going down Spanish Trail in excess of 60 m.p.h. He has requested the City police to be there on weekends with radar and nothing happens. He is asking the Commission to resolve this situation before there is a tragic accident at the corner of Jasmine Drive and Spanish Trail. -22- 4/14/87 47.d.6. Alice Finst, 707 Place Tavant, stated that some time ago the Item of Comments from the Public was placed at the end of the meetings. It was a very unhappy situation and she feels it unfortunate that the City has chosen to again relocate that item as the last on the Agenda. She would like the Commission to change this. 47.d.7. Mrs. Finst questioned the status of the Landlord Tenant Ord- inance, the ordinance for blowing sand and the newspaper vending ord- inance revision. She would like to see these appear on a workshop to see if some action can result. While speaking of workshop, she feels there must be a more accommodating place where the meetings can be held. 47.d.8. Mrs. Finst stated that she feels it is outrageous that the City of Delray cannot handle their own problems without needing to rely on help from the Guardian Angels. She requested that it be placed on a Workshop Agenda so the residents can feel comfortable in the knowledge that police action is being taken in this City. Mayor Campbell declared the meeting adjourned at 9:44 P.M. 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 April 14, 1987, which minutes were formally approved and adopted by the City Commission on~_~ /~ ! ~7 - 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. -23- 4/14/87