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04-28-87 APRIL 28, 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 7:05 P.M., Tuesday, April 28, 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 Richard Barnes, Unity of Delray Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Frank Wheat, representing the Community Chest on behalf of Arthur Argyries, presented a plaque to Mayor Campbell as a token of their appreciation for what the City employees have done to help the Community Chest achieve their goal. Mrs. Horenburger stated she would like to thank the City Manager and all the staff for their extraordinary efforts this year and questioned what the City employees contributed. The City Manager advised that last year they contributed $3,000; this year they set a goal of $10,000 and came up with $12,300. Mrs. Horenburger left the Commission Chambers at this time. 5.a. Mayor Campbell presented a proclamation proclaiming April 26 - May 2, 1987, as "American Home Week". 5.b. Mayor Campbell presented a proclamation proclaiming May 24-31, 1987, as "Soil and Water Stewardship Week". 6. Mr. Weatherspoon moved to approve the agenda, 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. Mrs. Horenburger returned to the Commission Chambers at this time. PUBLIC HEARING 7. Ordinance No. 36-87 - McCormick Annexation. Ordinance No. 36-87, relative to annexing a 0.44 acre parcel subject to the R-1AA (Single Family Dwelling) District, located south of N.W. 22nd Street on the east side of N.W. 4th Avenue, is before the Commission for consider- ation on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 36-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 17, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED SOUTH OF N.W. 22ND STREET, ON THE EAST SIDE OF N.W. 4TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 36-87 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. 36-87 on Second and FINAL 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. 8. 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 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. 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 PER- MITTED 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. (Copy of Ordinance No. 39-87 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. 39-87 on Second and FINAL 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. -2- 4/28/87 9. Ordinance No. 40-87 - Peterson R~zonin~. Ordinance No. 40-87, ~elative 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 Second and FINAL Reading. It is designated I (Industrial) on the City's Land Use Plan. 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. 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: 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". (Copy of Ordinance No. 40-87 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. 40-87 on Second and FINAL 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. 10. 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 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. 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. 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. 32-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - -3- 4/28/87 No; Mrs. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated that he found out that the proposed budget for the Sewer Board is available in July; however, the Commission does not act upon that budget until September. That is why they are having the problem now. He would like to recommend that the Commission call a special meeting in August to adopt the proposed budget for the Sewer Board. That would give them time to ratify it and would take care of the problem that both Delray and Boynton have with regard to the current procedure. Mayor Campbell clarified that Mr. Weatherspoon feels that if they have a special meeting in August they do not need this ordinance at all. He questioned if there would be a problem with that. The City Attorney stated it would be fine, assuming that they do not do interim increases during the fiscal year without some lag time also. Mayor Campbell and Mrs. Horenburger stated they would support Mr. Weatherspoon's position of voting this ordinance down. At this point the roll was called to the motion. CONSENT AGENDA Mayor Campbell stated that he would like Item 13 removed from the Consent Agenda and placed on the Regular Agenda. Mrs. Horenburger moved to amend the agenda to remove Item 13 from the Consent Agenda and place it as first item on 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. The following items were considered by the Commission as the Consent Agenda: 11. Ratification of South Central Regional Wastewater Treatment and Disposal Board Actions of March 12, 1987 and April 16, 1987 Meetings. The Commission is to consider ratification of SCRWTD Board action relative to: Change Order No. 5 for S.G. Phillips Constructors Corporation of Florida in the amount of $76,750. Change Order No. 6 for S.G. Phillips Constructors Corporation of Florida in the amount of $22,990.65. Approval is recommended. 12. Soap Box Derby. The Delray Beach Sunrise Kiwanis has requested use of the Linton Boulevard Bridge for the purpose of holding the 5th Annual Goldcoast All American Soap Box Derby. Dates needed for closure of the bridge are: Sunday, June 21st 7:00 A.M. - 7:00 P.M. Practice Saturday, June 27th 5:00 A.M. - 8:00 P.M. Race Day Sunday, June 28th 5:00 A.M. - 8:00 P.M. Rain Day The bridge draw span will not be affected during any of these times, enabling it to open and close normally for boat traffic. A lane for emergency would be kept clear at all times for passage from U.S. 1 to A1A. Approval is recommended. 14. Waiver of Plat - Haitian Catholic Center. The Commission is to cOnsider a request for waiver of plat prior to issuance of building permit. Approval is recommended. -4- 4/28/87 15. Janitorial Contract - City Hall. The Commission is to consider award of contract to Kenland, because of service, in the amount of $22,800, with funds to come from the 1986/87 budget. Approval is recommended. 16. Unbudgeted Expenditures - Legislative Affairs. The Commission is to consider transfer of $10,061 from Commission Contingency to City Manager's Travel and Training account. This over-expenditure was due to unbudgeted current travel expenses and estimated expenses required through September 30, 1987 relative to Legislative Affairs. Approval is recommended. 17. Construction of N.W. 5th Avenue Parking Lot. The Commission is to consider award of a contract to the low bidder, Son Dollar Corpora- tion, in the amount of $19,896, with funds to come from the City Land Project Fund. Approval is recommended. 18. Irrigation System and Well - Pompey Park. The Commission is to consider award of a contract to the low bidder, Conrad Robinson for the irrigation system in the amount of $10,439.63 and award of contract to the low bidder, Baxter Well Drilling for the well and pump installation in the amount of $9,948.62, with funds to come from the 1986/87 budget. Approval is recommended. 19. Barwick Park, Phase II. The Commission is to consider award of a contract to the low bidder, Bushouse and Associates, in the amount of $91,114 to include parking lot, playground equipment, signs, etc., with funds to come from Recreation Impact Fee Fund. Approval is recommended. 20. Change Orders - Public Safety Facility. The Commission is to consider approval of Change Order requests in the amount of $111,623, which leaves a balance of $60,245.94. Approval is recommended. 21. Community Development Block Grant Demolition/Clearance Activi- ty. The Commission is to consider approval of the following Demoli- tion/Clearance Grant Award: Low Bidder Location Amount Cuyahoga Wrecking Corp. 244 & 248 South Swinton Avenue $4,200 Funds are available in the 1986 Community Development Block Grant Contingency Fund. Approval is recommended. 22. City Wide Telephone System. The Commission is to consider award of a contract to Southern Bell for ESSX and station equipment in the amount of $53,942, with funds to come from Undesignated General Fund Revenue. This is a yearly contract with an option of outright purchase. Approval is recommended. 23. Nuisance Abatement. Resolution No. 13-87, assessing costs in the amount of $2,090 for abatement action regarding demolition of an unsafe building located at 136 N.E. 1st Avenue, is before the Commission for consideration. The caption of Resolution No. 13-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 13-87 is on file in the official Resolution Book) -5- 4/28/87 24. Nuisance Abatement. Resolution No. 14-87, assessing costs in the amount of $2,145 for abatement action regarding demolition of an unsafe building located at 216 S.W. 13th Avenue, is before the Commis- sion for consideration. The caption of Resolution No. 14-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 14-87 is on file in the official Resolution Book) 25. Nuisance Abatement. Resolution No. 15-87, assessing costs in the amount of $2,145 for abatement action regarding demolition of an unsafe building located at 204 N.W. 3rd Avenue, is before the Commission for consideration. The caption of Resolution No. 15-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 15-87 is on file in the official Resolution Book) 26. Acquisition of Georgia Town Tavern. Resolution No. 16-87, ratifying and affirming execution of an interlocal agreement between the City and the Community Redevelopment Agency relative to the acquisition of the Georgia Town Tavern A/K/A The Courtroom, is before the Commission for consideration. The caption of Resolution No. 16-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RATIFYING AND AFFIRMING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY RELATING TO THE ACQUISITION OF THE GEORGIA TOWN TAVERN A/K/A THE COURTROOM; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. (Copy of Resolution No. 16-87 is on file in the official Resolution Book) Mrs. Horenburger moved to approve the Consent Agenda, as modified, 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. REGULAR AGENDA -6- 4128/87 General Administration, Finance and Personnel 13. Refuse Collection - Rainberry Bay, Section 10. The Commission is to consider a request from Section 10, Rainberry Bay to change the type of refuse service from E type container dumpster service to curb- side pickup. Billing for this service will be handled through the water and sewer process ($9.11 per unit owner per month). Waste Management has indicated there will be no problem with curbside pickup. Approval is recommended. Mayor Campbell stated he received a call from a resident who lives in one of the units and was concerned because they did not want a change. He questioned if this item has been approved by the Board of Directors of Rainberry Bay, Section 10 and is an official request. The City Manager advised that it is. Mayor Campbell requested that the record show that Mrs. J. Slavin, who was in the audience, of Rainberry Bay Section 10, on behalf of the Board of Directors, indicated that this is coming from the Directors. Mrs. Horenburger moved to approve, 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. 27. Appointment - Code Enforcement Board. The Commission is to ~onsider the appointment of an Attorney as a Regular Member of the Code Enforcement Board to a term ending January 14, 1990. Mayor Campbell stated they have received an application from David Schmidt who has indicated an interest in this position. He has also heard that Steve Rubin, who serves on the Board of Adjustment, would like to move over to the CEB. This would then leave a vacancy for an attorney on the BOA. Mrs. Horenburger stated that Judge Kendall sat as a layperson on this board and wishes to be a regular member. She stated he has the experience and has dealt with a great many code enforcement problems. She feels that he would be of great value to the Board. Upon question by Mayor Campbell, the City Attorney stated that Judge Kendall would qualify because, although they have listed the position as that of attorney, it is technically the business person position on the Board. Mrs. McCarty stated that David Cohen has been an alternate on the CEB for six years and has expressed a desire to move up into a permanent position. She feels that if they are going to consider a business person they should take that into consideration. Mayor Campbell stated that if they would like to appoint Judge Kendall to the vacancy, they could appoint Mr. Schmidt as the alternate. Mrs. Horenburger moved that Judge Kendall be appointed to the attorney position on the CEB as a regular member and Mr. Schmidt be appointed as an alternate member in the layperson category, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 28. Appointment - Historic Preservation Nominating Committee. The Commission is to consider appointment of a Commissioner to the Historic Preservation Nominating Committee. Mrs. Horenburger moved to appoint Mrs. McCarty to the Historic Preservation Nominating Committee, 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. -7- 4/28/87 Planning and Development 29. Site Plan Approval - Linton Lake (Phase I). The Commission is to consider a request for site plan approval for Linton Lake (Phase I), a proposed 200 unit multi-family residential development, located on the south side of Linton Boulevard, between Congress Avenue and the E-4 Canal. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements 1. All advertising signs shall be approved by the Co~,unity Appearance Board and the Building Department and shall not be located within setback areas. 2. Show the extent of the L.W.D.D. right-of-way on the site plan. 3. Provide an additional fire hydrant at Linton Boulevard entrance, the hydrants located between buildings 1 and 3 exceed 400 feet spacing; provide an additional hydrant in front of the tennis court, an additional fire hydrant at road access to Building 22, relocate fire hydrant in front of Building 21 to road court, relocate fire hydrant in front of Building 18 to entrance drive from access road in front of same, and provide an additional fire hydrant at Germantown Road access drive. The maximum spacing between fire hydrants shall be 400 feet road travel. 4. That a thirty (30) foot landscape buffer be maintained from the ultimate right-of-way of Linton Boulevard. Procedural 5. That additional right-of-way be dedicated along Linton Boulevard and Congress Avenue prior to final plat approval in accordance with the standards of the City and Palm Beach County. 6. That right turn lanes and left turn lanes be constructed on Linton Boulevard and Congress Avenue at each entrance, concurrent with the construction of the appropriate driveway, in accordance with the standards of the City and Palm Beach County. 7. That prior to receipt of the last Certificate of Occupancy, but in no event later than December 31, 1996, the developer shall construct two (2) additional lanes on Linton Boulevard from Congress Avenue to Homewood Boulevard, or such other location east of Homewood Boule- vard approved by the City, including necessary improvements to the bridge over the E-4 Canal. Provided, however, that the developer shall not be obligated to purchase any road right-of-way from other parties off-site unless a credit is given against Palm Beach County road impact fees for such acquisition, and provided that the costs of any improvements west of the west property line shall be consid- ered a credit against Palm Beach County road impact fees, but shall not exceed such fees, if it is found that the level of service will be "C" or better upon build-out of the project. 8. That the developer shall prepare a conceptual right-of-way map of the 1-95/Linton Boulevard interchange area depicting any additional rights-of-way required in order to accommodate widening of the 1-95 bridge over Linton Boulevard to accommodate 6 through lanes and dual left turn lanes onto the ramps, prior to final plat approval. 9. At the time of widening of Linton Boulevard and/or Congress Avenue a contribution shall be made to the City for beautification of the Boulevard and/or Avenue. Such contribution shall defray the cost of irrigating and landscaping the median on both roadways in accordance with plans developed by the City. Payment shall not exceed $10.00 per front foot and shall be applied in accordance with an ordinance to be adopted by the City which the applicant understands and agrees will be applicable to this project. 10. S.F.W.M.D. and L.W.D.D. permits must be obtained (or reactivated). Henry Handler, representing Minto Builders, stated that they are proposing to build 200 units which will be conventional lease residential units. Minto Builders intends to own and maintain these buildings which will consist of 104 carriage units averaging between 1,300 and 1,600 square feet and 96 terrace garden units averaging between 1,200 and 1,400 square feet. They have been through the various City agencies and have agreed to the conditions asked of them so that -8- 4/28/87 this project conforms with exactly what has been promised and represent- ed. Upon question by Mayor Campbell, Craig Un~er, Director of Engineering for Minto Builders, stated that they feel comfortable that the one exit onto Linton Boulevard is more than sufficient. They do not have an exit onto Germantown Road; however, they do have a stabilized road, with a low hedge in front, which will only be used by emergency vehicles. Mayor Campbell stated that they are very much concerned about blowing sand and will be revisiting their ordinances appropriately. He questioned if there is something that Minto Builders could do to help the appearance of the area. Mr. Unger stated they will do everything they can to keep the blowing sand down and, if there is an ordinance passed, they will be more than happy to comply with it. Mayor Campbell stated they do not have to wait for an ordinance and questioned if they would agree to do something once the rainy season starts to stabilize the sand. Mr. Unger agreed. Mr. Dougherty moved for site plan approval for Linton Lake Phase I, subject to the conditions, 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. Samuel Coleman, 1141 Calamondin Terrace, stated the last time he talked to two gentlemen from Minto Builders he was told by one of them that the apartments would be furnished and by the other that they would not. He questioned what their plans are. Mayor Campbell stated that the City has no legal authority to determine whether or not they rent apartments furnished or unfurnished. Mr. Handler advised that it is not their intent, at this time, to have furnished apartments. PROCEDURAL ITEMS 30. Mr. Weatherspoon moved to approve the minutes of the Regular Meeting of March 24, 1987 and the Organizational Meeting of March 26, 1987, 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. 31.a.1. Mrs. Horenburger stated that the County now has a cable ordi- nance regarding their cable television franchises. She would like staff to get a copy of it so that the Commission can review it and, perhaps, begin to have some cohesiveness with regard to the county pockets. 31.a.2. Mrs. Horenburger stated she tried to find out today what happened with regard to the City's request to the County as to the four developments in county areas. It is her understanding that the Volvo Dealership passed. Mayor Campbell stated he does not believe the three other items are final at this point and the Planning Department staff are getting additional information so that they can make comments. 31.a.3. Mrs. Horenburger stated that the City limit sign on North Federal Highway is quite far north of the Drive-In and she has had several complaints from people. The City Manager advised that on the west side of Federal Highway the City limits do go past where the Kentucky Fried Chicken restaurant is. Mrs. Horenburger requested that the sign be taken down as it makes it look as if the Drive-In and adult book stores on the east side are in the City. 31.a.4. Mrs. Horenburger stated she met with DOT and they discussed a concern brought up about 1-95 and Atlantic Avenue. She advised that -9- 4/28/87 that is under way and DOT thought construction should have begun last week. They are also checking on the A1A problem with regard to the drainage before the rainy season; they promised they would do the curbing and drainage. 31.a.5. Mrs. Horenburger stated she feels that they need to ask the City Manager to get with the County Administrator to have a really cooperative code enforcement effort for county pockets. The problem the County has is a very limited number of code enforcement officers to cover the entire County. There was, at one time, a point made that they could deputize the City's code enforcement officers as County officers. 31.a.6. Mrs. Horenburger stated, with regard to the child care ordi- nance, that they need someone to review and come up with some recommen- dations. The City Attorney advised that the study is due in two weeks. 31.a.7. Mrs. Horenburger questioned why they cannot have an all in favor and all opposed way of voting, rather than have the City Clerk call out each individual name for each vote. Mayor Campbell stated he thought there was a Charter problem with that. The City Attorney stated there is; however, he cannot recall why they did that other than the fact that they need to show the three affirmative votes. He advised he will take another look at the ordi- nance adoption procedures in the Statutes. 31.a.8. Mrs. Horenburger stated the Commission received a memo which stated that there was a complaint about a charter craft docked at the Marina Delray. The manager of the Marina Delray stated that he is part owner in the craft and they do not charter it from there. She ques- tioned where they do charter it from and stated she would like to know a little more about this. 31.a.9. Mr. Weatherspoon stated that the property the County owns on S.W. 8th Avenue is in need of being mowed. He requested that the City Manager report on the status of the contract between the City and the County regarding that property by the next regular meeting. The City Attorney advised that it is being scheduled for next week's workshop agenda. 31.a.10. Mayor Campbell stated it was the consensus of the Commission at their workshop meeting that the Chief of Police and the City Manager would get back to them with regard to an analysis of the current situa- tion in the Police Department to see if additional personnel may be due. The City Manager advised he will have the information in two weeks. 31.a.ll. Mayor Campbell stated the rainy season will begin in June and he questioned if they are looking at a new ordinance or enforcement situation with regard to the sand lots. Mrs. Horenburger stated the ordinance which exists is in the County and there is a Health Department regulation. She believes that in the case of some approvals for development it is a condition. Mayor Campbell stated that if they do not have an ordinance which requires this already, they may want to look into it and see if they can have it for immediate application. 31.a.12. Mayor Campbell stated he would like placed on next week's agenda a review of the code enforcement procedures with regard to possible changes in both the procedures and structure of both the Code Enforcement Board and the involvement of the City Attorney's office. Mayor Campbell advised that the Legislature is changing some of the requirements and, if the law passes this year, some of them will be lifted as of June. -10- 4128/87 Mr. Weatherspoon stated that the report from the Management Consultant is due in May and he thought they agreed that they would not look at procedural type changes until after they have seen that study. The City Manager stated that he contacted the Management Consultant regarding code enforcement and they indicated that the Commission should proceed, without any hesitancy, to make any changes they needed. 31.a.13. Mayor Campbell stated that the Commission had directed the Planning and Zoning Board to immediately begin looking at all the vacant land that could possibly be an auto dealership. To date, they have not received any report as to what they are doing and when they are doing it. He stated it may be appropriate if the Chairman of the P&Z Board let the Commission know what they are doing. 31.a.14. Mayor Campbell stated that he attended two meetings regarding the parking ride facility on 1-95. DOT, in conjunction with the Federal Government, has appropriated $74 million for parking ride facilities in South Florida and one of them is going to be located in Boca Raton. This ties into the 1-95 interchange which they have determined, and believe is essential, be located somewhere between Clint Moore Road and Linton Boulevard. Interestingly, if you applied for an 1-95 interchange the procedure and probability of getting it is nil; however, if the parking ride facility is located between Clint Moore Road and 1-95 you can have an interchange. Not only can you have it, the Federal Govern- ment will pay for it. DOT is looking at the possibility of putting the parking ride at Yamato Road and, therefore, improving the interchange there, or moving it further north and putting it between the two. He expressed to them that they need an interchange and it is a top priority item for the City to try to get one as soon as possible to try and alleviate future crowding on Congress Avenue. 31.b. There were no Non-Agenda items by the City Attorney. 31.c.1. The City Manager advised that the Georgia Town Tavern is ready to be demolished and he wants to make sure that the Commission does want them to proceed. 31.c.2. The City Manager stated that the Commission has received a copy of the Project Status Update regarding the N.W. 5th Avenue Parking Lot, Carver School/Park Improvements, Woodlake Street Light Improvements, Beach Improvement Projects and the Street Resurfacing FY 1986-87. If there are any questions they should let him know. 31.c.3. The City Manager stated that he is beginning implementation of some facets of the Management study and will begin making those changes immediately. 31.d.1. Helen Coopersmith, 1222-D South Drive Way, stated that Westbury Homes who were building Bermuda Isle went broke and there are a great many people in High Point Sections 4 and 5 who have been complaining about the sand blowing. She questioned if there is some way they can stop this. Mrs. Horenburger stated they need to do a list of all the properties in the City which are having this problem and report them to the Environmental Control officer at the Health Department. 31.d.2. Mrs. Coopersmith stated she heard earlier in the meeting that the Volvo Dealership was approved by the County and that the other three exceptions have not. She stated she does not understand why someone does not go up to the County all the time and lobby the Commissioners. Mrs. Horenburger stated she did go and lobby the County Commis- sion. Apparently, a great many citizens who live in the area where the Volvo Dealership is were in favor of the project and the County approved it. The City Manager advised that there is always a member of staff present at the County meetings representing the City Commissioners. -11- 4/28/87 31.d.3. Mrs. Coopersmith stated there is a bill in Tallahassee regard- ing cable franchises. She has tried calling Tallahassee to find out more about it. Mrs. Horenburger stated if Mrs. Coopersmith can give her the bill number she will check into this. 31.d.4. Frank Wheat, President of the Chamber of Commerce, stated they would like to recognize, acknowledge and thank the Commission, City Manager, Police Department, Fire Department and all those people who put in many hours of work to make the Delray Affair a total success. Mayor Campbell declared the meeting adjourned at 8:05 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of April 28, 1987, which minutes were formally approved and adopted by the City Commission on~~ NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -12- 4/28/87