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07-14-87 JULY 14, 1987 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Marie Horenburger in the Commission Chambers at City Hall at 7:11 P.M., Tuesday, July 14, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell (Arrived at 7:13 P.M.) Absent - None Also present were - Acting City Manager Robert Barcinski and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Doctor E. Wallace Mast, Pastor of Church of the Palms Congregational Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Presentation - Tennis Courts (Roy Simon). Vice-Mayor Horen- burger stated that Mayor Campbell at the present time is attending a meeting relative to this item so they will postpone discussion until he returns. 5.a. Mr. Weatherspoon moved to amend "Local Rules" to move the Section on Comments and Inquiries on Non-Agenda Items by Citizens to the first item of Procedural Items, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horen- burger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. (Note: Mayor Campbell returned to the Commission Chambers prior to roll call). Before roll call the following discussion was had: Mr. Dougherty stated that he feels it is not moving the item but rather making it first of the last items to be considered. This is not the proposition that was formerly discussed. An alternative was to move the item to just prior to the Consent Agenda or immediately follow- ing. In his mind this is no accommodation. At this point the roll was called to the motion. 4. Mayor Campbell stated that, at the request of Staff, the Tennis Court Presentation has been postponed until such time as a possible relocation for some of the courts west of the Canal may be decided upon. 5.b. The City Attorney advised that a request has been received from the Developers of the Rainberrys that Item Nos. 27, 28, 32 and 33 on the Consent Agenda be postponed to the Workshop session of July 21. On consensus of the Commission, Mayor Campbell directed Staff to place it on the upcoming agenda. Mrs. McCarty requested that Item Nos. 11 and 12 be reversed. Mayor Campbell requested that Item No. 26 be moved to the Regular Agenda for discussion. Mrs. Horenburger moved to approve the agenda, as modified, by reversing Item Nos. 11 and 12, deleting Item Nos. 27, 28, 32 and 33 and moving Item No. 26 to be the 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. PUBLIC HEARING 6. Ordinance No. 47-87 - Cable Television Franchise. Ordinance ~o. 47-87, repealing Chapter 10 "Cable Television Franchise" and enact- ing a new Chapter 10 "Cable Television Franchise", 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 Acting City Manager presented Ordinance No. 47-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 10, "CABLE TELEVISION FRANCHISE", AND ENACTING A NEW CHAPTER 10, "CABLE TELE- VISION FRANCHISE", TO THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING NEW SECTIONS 10-1 THROUGH 10-32; TO PROVIDE FOR A SHORT TITLE; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR GRANT OF NON-EXCLUSIVE FRANCHISES; TO PROVIDE FOR COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES; TO PROVIDE FOR TERRITORIAL AREAS INVOLVED AND CONSTRUCTION REQUIREMENTS; TO PROVIDE FOR LIABILITY AND INDEMNIFICATION; TO PROVIDE FOR PERFORMANCE STANDARDS; TO PROVIDE FOR OPERATION AND MAINTENANCE OF SYSTEMS; TO PROVIDE FOR SERVICE TO SCHOOLS AND PUBLIC BUILDINGS; TO PROVIDE FOR EMERGENCY USE OF FACILITIES; TO PROVIDE FOR OTHER BUSINESS ACTIVITIES; TO PROVIDE FOR SAFETY REQUIREMENTS; TO PROVIDE FOR CONDITIONS OF STREET OCCUPANCY; TO PROVIDE FOR EMPLOYMENT PRACTICES; TO PROVIDE FOR REMOVAL OF FACILITIES UPON REQUEST; TO PROVIDE FOR TRANSFER OF FRANCHISE; TO PROVIDE FOR CITY'S RIGHTS IN FRANCHISE; TO PROVIDE FOR MAPS, PLATS AND REPORTS; TO PROVIDE FOR PAYMENTS TO THE CITY; TO PROVIDE FOR FORFEITURE OF FRANCHISE; TO PROVIDE FOR LIQUIDATED DAMAGES FOR VIOLATION OF THIS ORDINANCE OR OF THE FRAN- CHISE ORDINANCE; TO PROVIDE FOR CITY'S RIGHT OF INTER- VENTION; TO PROVIDE FOR FURTHER AGREEMENT AND WAIVER BY GRANTEE; TO PROVIDE FOR APPLICATION FOR NEW OR EXPANDED FRANCHISE; TO PROVIDE FOR DURATION AND ACCEPTANCE OF FRANCHISE; TO PROVIDE FOR RENEWAL OF FRANCHISE; TO PROVIDE FOR ERECTION, REMOVAL, AND COMMON USE OF POLES; TO PROVIDE FOR DESIGNATION OF CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL, OR GOVERNMENTAL USE; TO PROVIDE FOR LEASED ACCESS CHANNELS; TO PROVIDE FOR RATES AND CHARGES TO SUBSCRIBERS; TO PROVIDE FOR RULES AND REGULATIONS; TO PROVIDE FOR A CABLE TELEVISION COORDINATOR; TO PROVIDE FOR PUBLICATION COSTS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 47-87 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. Jack Kellerman, 1382 High Point Way, stated he has received a bill from Leadership Cable with a $5.00 late charge. His payment check was two days late due to the July 4th Holiday. Upon contact with them, he learned this is common practice with the company and he feels this is a matter the Commission should address. The public hearing was closed. Mr. Dougherty moved for the adoption of Ordinance No. 47-87 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - -2- 7/14/87 Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7. Ordinance No. 50-87 - Renewal of Sunbelt Denntronics, Ltd. Franchise. Ordinance No. 50-87, relative to renewal of Grantee II, Sunbelt Denntronics Cable, Ltd. franchise to provide for the expansion of Grantee II, Sunbelt Denntronics Cable, Ltd., 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 Acting City Manager presented Ordinance No. 50-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 8-87 PERTAINING TO RENEWAL OF GRANTEE II SUNBELT DENNTRONICS, LTD.'S FRAN- CHISE BY REPEALING SECTION 4, SUBSECTION 6, AND ENACTING A NEW SECTION 4, SUBSECTION 6, TO PROVIDE FOR THE EXPAN- SION OF GRANTEE II, SUNBELT DENNTRONICS CABLE, LTD. GEOGRAPHIC FRANCHISE AREA; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 50-87 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. 50-87 on Second and FINAL Reading, 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. 8. Ordinance No. 51-87 - Increasing Aggregate Floor Area Require- ments. Ordinance No. 51-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to increasing the aggregate floor area requirements for dwellings in the RM, RM-10, RM-15 and RH districts, 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 Acting City Manager presented Ordinance No. 51-87: 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 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO INCREASE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT", (E) "AGGRE- GATE FLOOR AREA" TO INCREASE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO INCREASE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO INCREASE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; PROVIDING A SAVING CLAUSE; PROVID- ING A GENERAL REPEALER CLAUSE, PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 51-87 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 -3- 7/14/87 laws of the State of Florida and the .Charter of the City of Delray Beach, Florida. Charles Schoech, an attorney in West Palm Beach, representing Cardinal Industries requested, if the Commission adopts the ordinance, that they specifically indicate that it not apply to those projects currently pending in the City awaiting approval under the existing code. Upon speaking with the City Attorney, he was assured that in order to accomplish this, it must be a part of the record tonight. The second item is to urge the Commission not to adopt the ordinance. The ordinance was amended recently and it was found to be in compliance with residential policy statements and a policy guide to the land use element. The problem facing the Commission tonight is that, by increasing the square footage, they are going against an amendment that was found to be consistent with the comprehensive plan. Therefore, it is their position that the increase will be inconsistent with the plan and affordable housing will be eliminated. Cliff Hertz, an attorney representing a property owner in Delray Beach, who currently has a proposed project which will not meet the square foot requirements, also requested that the Commission not adopt the ordinance. In the event that they do, he also requests they not make it retroactive for those persons who currently have plans awaiting approval. Jeannette Slavin, Rainberry Bay, stated she has spoken with the Commission on previous occasions and attempted to accomplish some ground work this past week. She feels the initial cost of the various sizes is important. Usually, in similar situations, there seems to be a mixed group of people with some being able to pay and some not able to pay. Those unable to pay are usually subsidized by the City or the County. She feels this should be established prior to any construction. Kathi Sumrall, Chairman of the P&Z Board, stated that she is encouraging the Commission to adopt the ordinance as it stands. In regard to the averaging factor, she feels it is necessary to maintain a ratio of 30 two-bedroom and 70 one-bedroom in order to reach the goal in the Land Use Policy Guide. Mr. Schoech questioned if the averaging factor is in the current ordinance and the City Attorney advised him it is not. He quoted a portion of the general goals and preface to the residential policy guide which states that a wide range of housing choices with varying price ranges should be provided, with special emphasis given to upgrading deteriorated residential neighborhoods. By adopting the proposed ordinance, he feels it will eliminate the product that Cardinal Industries will build, which is both quality and affordable. The public hearing was closed. Mrs. McCarty moved to adopt Ordinance No 51-87 and to amend it to include the averaging, seconded by Mrs. Horenburger. The City Attorney advised the amendment was too significant a difference between First and Second Readings. He feels the ordinance and the caption will need to be rewritten. Mr. Weatherspoon questioned if the 650 square feet proposed precludes any industry that builds, including Cardinal Industries. Mr. Kovacs, Planning Director, advised that it does not, as the standard industry modular is 576 square feet. The minimum in the City for one unit is 550 under the current ordinance. The average would need a mix of 25/75 if there were one and two bedroom residences. Mrs. McCarty amended her motion to adopt Ordinance No. 51-87, Mrs. Horenburger amended her second. 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. -4- 7/14/87 Mayor Campbell directed Staff to redraft the ordinance to incorporate the three numbered paragraphs on the July 9 memorandum from Staff and to provide in the effective date language that changes shall be applicable only to those developments who have not submitted docu- ments necessary for site plan approval as of July 14, 1987. 9. Public Hearing on the Community Development Block Grant Pro- posed Statement of Objectives and the P~ojected Use of Funds, FY 87/88. Upon question, the City Attorney advised that no reading relative to the Community Development Block Grant is necessary. The Acting City Manager stated there is a formal public hearing before submission of a final statement to the Department of Housing and Urban Development. It is unnecessary for the Commission to take action tonight. Based on comments made tonight, Staff will bring it before the Commission next month with the final statement. Lula Butler, Coordinator of Community Development, stated that they have been notified by HUD that their allocation for 1987 will be $458,000. The goals and objectives for the coming year will be to improve housing conditions through enforcement of the minimum housing code, continue the housing rehabilitation, clear unfit housing, intro- duce a new program to acquire vacant lots to encourage and provide for the development of an infield housing program, preserve neighborhoods through the elimination and prevention of slum and blighted conditions and improve public facilities by providing for the upgrading of equip- ment to some of the recreation facilities. Rosette Rolle, 301 N.W. 3rd Avenue, stated that $458,000 is not enough to do the excellent work Mrs. Butler has done and proposes to accomplish. She questioned if there is any way the Commission could appropriate funds to speed up the completion of the task. She also requested funds to provide a lot or lots for emergency housing for residents who have had a fire or other devastation. She is still making plans for Catherine Strong Center and on completion, she will return to the Commission with recommendations. Mr. Weatherspoon complimented Mrs. Butler and her Staff on the excellence of her accomplishments with the funds made available to her. 10. Haggerty Land Use Plan Amendment. The Commission is to consid- er amendment to the Land Use Plan for a 9.1-acre parcel of land from ART (Agricultural Residential Transitional), in part, and SF (Single Fami- ly), in part to MF-H (Multi-Family High Density). The property is located south of S. W. 10th Street, between S. W. 8th Avenue and German- town Road. The Planning & Zoning Board, as the local Planning Agency and the Planning Director recommend approval for transmittal to the State Department of Community Affairs for the required 90 day review. 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. Mr. Dougherty moved to approve the amendment as presented in the 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. Before roll call the following discussion was had: Mrs. Horenburger stated that she feels it is appropriate, due to the fact that it is surrounded by other high density residential and proposed commercial property to the west that the Commission has former- ly approved, and is an area that definitely should be cleaned up. Mayor Campbell stated he would like to go on record that he will be opposed to any type of development that exceeds ten units per acre on this parcel of land. It has been learned that higher density parcels are inappropriate, particularly in those areas where middle and low income families reside, as an environment is created that is least conducive to the people who need it most. -5- 7/14/87 At this time the roll was called to the motion. 11. First PUBLIC HEARING to Amend the Text of the Land Use Element 6'f the Comprehensive Plan to Establish ~. "Large Scale Mixed Use Develop- ment'' Designation. The Commission is to consider approval, prior to submittal to the State Department of Community Affairs for the required 90 day review, of an amendment to the text of the Land Use Element of the Comprehensive Plan to establish a "Large Scale Mixed Use Develop- ment'' Designation. The Planning and Zoning Board and Planning Director recommend approval. 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. Helen Coopersmith, 1222 S. Drive Way, stated she cannot recall hearing the phrase, "Large Scale Mixed Use" being used as much as at this time. It frightens her when the City starts changing the Compre- hensive Land Use Plan because of a development coming in. The plan, according to a member of the P&Z Board, will not be complete for approx- imately two years and already the City is asking for two amendments. She feels Mixed Use is only going to complicate the issue. The public hearing was closed. Mr. Dougherty questioned if Land Use is synonymous with SAD. Mr. Kovacs assured him it is not. He explained the amendment before the Commission is an amendment to the Land Use Plan, which is Land Use relationships. The SAD is a specific zoning category. The interaction of what these two mean is, if the amendment should be adopted, and it is placed on the Land Use Map in some area, when a property comes up for development, it can develop in one of two ways. It can either adhere to one of the designations as shown on the map, or if it does not fit, but is a mix of Multiple Family, Commercial or Office, then application can be made for SAD. The Mixed Land Use is a vehicle to obtain SAD designa- tion. Mr. Dougherty questioned if this amendment would allow a SAD designation for a parcel less than ten acres. Mr. Kovacs stated that it is not changing the Zoning Code, but is to allow a Large Scale Mixed Use project and is applied to the Land Use Map. When a person comes in for future development, it would then go through the SAD Zoning. It has been added to the text in order to accommodate this type of project where it is going vertical in place of horizontal. For example, if there is retail on the first floor, office on the second floor and multiple family on the third floor, that is when the SAD can be applied. Upon question, Mr. Kovacs explained that an overlay situation occurs when you have a land use map and other specific districts or areas have been drawn out. When doing an overlay, this means something else applies other than those straight considerations when the property is ready to be developed. The best example is a flood plain, which is a type of overlay. Even though it may be Commercial Zoning, there may be a flood plain overlay, meaning it would need to be developed to the flood plain regulations. When historic districts are developed, that does not change the base zoning of commercial or office; so commercial or office development may proceed, with the understanding that it must comply with the Historic Preservation overlay. The base uses are shown on the Land Use Map, but the possibility of mixing them is possible. Mrs. Horenburger stated that she feels, in a sense, it gives the City a better tool to discourage developers from coming in and requesting something other than the zoning designated for that particu- lar area. Mr. Weatherspoon stated that this concept helps identify the areas the City would entertain for certain types of projects to be built. The difference between the current and the amended Land Use would be the fact that if, for example, an area zoned SAD was needed but none was available, another area could be used even though the parcel was not zoned SAD. -6- 7/14/87 Mr. Kovacs stated that was only half the concept. If the City does a SAD designation for what it is meant for, which is aggregation or a larger type of project, there is nothing on the City's Land Use Plan Map that will allow that. This amendment is to provide that vehicle. Mrs. McCarty questioned at what stage it is determined what percent will be commercial, office, etc. Mr. Kovacs stated when the SAD Zone is established, the specific uses and percentages of land areas are also set. Mr. Dougherty questioned who initiates the overlay provision. Mr. Kovacs stated this can be done one of two ways. The developer can initiate a request for a plan to get it added to his property or vicin- ity. The second way is to have the City take the initiative and select three or four places where they feel it is most appropriate. Mrs. Horenburger moved to Amend the Text of the Land Use Element, 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. 12. Seacrest Commercial Properties, Ltd. Land Use Amendment. The Commission is to consider an amendment to the Land Use Plan for an Il. Il-acre parcel of land from C (Commercial), in part, MF-10 (Multiple Family - 10 units/acre), in part and SF (Single Family), in part, to the proposed Large Scale Mixed Use Development land use category. The property is located on the east side of North Federal Highway, between Allen Avenue and the Delray Drive-In Theatre. The Planning & Zoning Board, as the local Planning Agency, and the Planning Director recommend approval for transmittal to the State Department of Community Affairs for the required 90 day review. 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 questioned if this is the time frame for Land Use Plan amendment. Mr. Kovacs stated there has been none this year so whatever is processed tonight will be adopted this year. When it returns from the Department of Community Affairs with recommendations, the Commission will make a final decision. Mrs. McCarty stated that she has a problem approving a change prior to the completion of the Comprehensive Plan. She does not feel a new concept should be approved before the DCA approves it. Mr. Dougherty questioned if the entire property is to be changed to commercial. Mr. Kovacs stated that was the original request of the applicant. At the P&Z hearing, he amended his request from seeking a Commercial Land Use designation to seeking a Large Scale Mixed Use overlay. The Board must be extremely careful to insure that when a Large Scale Mixed Use designation is approved, should the owner return and request that it all be rezoned Commercial, the Board should deny the request, as it is designated 25% Commercial and 75% Residential. Mr. Dougherty questioned the disposition of the sewage treat- ment plant located on the property. Mr. Kovacs stated that as the development proceeds, he assumes it will be destroyed, as the new project must operate under the City system. ML Dougherty questioned if the residents in the immediate area were notified directly. Mr. Kovacs stated that Land Use Plan Amendments have newspaper advertising only. Mr. Dougherty stated he feels the residents do not have sufficient notification prior to an item appearing before the Commission. Mayor Campbell reminded the Commission that this is just a recommendation to submit the request to Tallahassee. He questioned if the residents will be notified when the ordinance is officially present- ed for adoption. The City Attorney advised the notification would be by publication only and this also applies to zoning changes. -7- 7/14/87 Mayor Campbell stated he is aware that this property is to be considered as a portion of a larger project. When it originally came before the Commission, it was agreed to split it into a residential development facing the Intracoastal and a commercial development facing Federal Highway. There was a concern at that time relative to a smaller commercial development. Since that time the owner has indicated he is working on a grander scheme that may be good for the City. He is not prepared to change the Land Use Plan unless the scheme is realistic. Prior to voting on a particular ordinance to change this, he would like confirmation as to the type of development planned for that area. Unless there is some unique project proposed for the area, he does not feel the property should be changed on the Land Use Plan. Mr. Weatherspoon questioned should the applicant be unable to proceed with the proposed project, would this preclude another party from developing a parcel of land as it is now. Mr. Kovacs stated that it would not. Mrs. Horenburger stated that she agrees an ordinance should be adopted indicating individual notices be sent to those persons affected when there is a Land Use Plan Change or a Rezoning, especially if the request is initiated by the property owner. She feels that should be the property owners' responsibility for the notification and not a City expense. Mr. Weatherspoon moved to approve the Seacrest Commercial Properties, Ltd. Land Use Plan Amendment, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Mrs. Horenburger left the Commission Chambers at this time. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 13. Change Order No. 1 - Palm Square and Marine Way. The Commis- sion is to consider"appro~al of a CO in the amount of $17,745.60 in- crease, for the 1986 resurfacing of Palm Square and Marine Way, along with additional pavement markings. Funds are to come from the 1986/87 Resurfacing Project, Capital Reserve. Contract price prior to this CO is $112,215.75. Approval is recommended. 14. Customer Service Representative III Position. The Commission 'is to consider the addition of a Customer Service Representative III Position in the Utility Billing Division of the Finance Department at an annual cost of $18,700, with funds to come from the Water/Sewer Fund. Approval is recommended. 15. Noise Variance for Pile Driving at Atlantic Avenue Bridge. The Commission is to consider a request for relief from the noise control ordinances to permit construction of a new fender system for the Atlan- tic Avenue Bridge. Work is scheduled between the hours of 8:00 p.m. and 6:00 a.m. from July 14th to September 16, 1987. 16. Gazebos - Parks & Recreation Department. The Commission is to 'consider an award of contract to the low bidder, Ralph Osborn, for the construction of two gazebos at the municipal beach in the amount of $13,078, with funds to come from the 1986/87 budget. Approval is recommended. 17. Bucket Truck - Parks & Recreation Department. The Commission is to consider the award of a contract to the low bidder, Asplundh, for a 1987 Ford F-700 bucket truck in the amount of $57,495, with funds to come from the 1986/87 budget. Approval is recommended. 18. Renovation of the Concession Building at Currie Commons Park. The Commission is to consider approval of and authorizing execution of agreement between the City and Delray Beach National Little League for renovation of the concession building located at the American Legion -8- 7/14/87 Field in Currie Commons Park, at no expense to the City. Approval and execution is recommended. 19. Dispatch Contract - Town of Gulf Stream. The Commission is to consider authorizing execution of intergovernmental agreement from (retroactively) June 15, 1987 to June 15, 1988 between the City and the Town of Gulf Stream. Gulf Stream shall pay $20,000 to the City for police dispatching and communications services. Approval is recommend- ed. 20. Community Development Block Grant Program Activities - Housing 'Rehabilitation Grant Award and Contract Award. The Commission is to consider approval of the following Housing Rehab Grant Awards: Low Bidder Location Amount Henry L. Haywood 401 S. W. 8th Avenue $12,590 Henry L. Haywood 618 S. W. 7th Avenue 13,624 Funds are available in the Community Development Block Grant Program. Approval is recommended. 21. Appointment - Community Redevelopment Agency. The Commission is to consider the appointment of Armand Mouw to the CRA to a term ending September 9, 1991. 22. Appointment - Downtown Development Authority. The Commission is to consider the appointment of Connie Tuttle to the DDA to a term ending July 1, 1990. 23. Delray Beach Human Relations Committee. The Commission is to consider the appointment of Betty Diggans to the Delray Beach Human Relations Committee to a term ending March 15, 1988. Approval is recommended. 24. Land Transfer to Housing Authority. The Commission is to consider approval of form of documents to effect transfer of land from the City to the Delray Beach Housing Authority. 25. Seven Foot Strip Along..Congress Avenue. The Commission is to consider a request from Palm Beach County Land Acquisition Office to purchase from Cities of Delray Beach and Boynton Beach, jointly, a seven foot strip along Congress Avenue, adjacent to the road right-of-way for $25,200. Approval is recommended. 29. Administrative Relief for Compact Car Parking - Delra~ Dental Specialists. The Commission is to consider a request for administrative relief to allow five compact car parking spaces for long-term employee parking use for Delray Dental Specialists, a proposed facility for three private dental practices, located at the southeast corner of S. E. 5th Street and S. E. 6th Avenue. Approval is recommended. 30. Roots Cultural Festival. Resolution No. 25-87, supporting the Roots Cultural Festival in their effort to sponsor the 10th Annual Roots Cultural Festival from July 23rd through August 9, 1987, is before the Commission for consideration. The caption of Resolution No. 25-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE TENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 25-87 is on file in the official Resolution Book) 31. Beach Renourishment Project. Resolution No. 26-87, requesting funding from the Department of Natural Resources for the FY 1989/90 beach renourishment project, is before the Commission for consideration. Total cost is not to exceed $5,225,000, with local cost to be $632,850. Funds are to come from the Erosion Control Fund. -9- 7/14/87 The caption of Resolution No. 26-87 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE FISCAL YEAR 1989/1990 BEACH NOURISHMENT, COASTAL ENGINEERING ENVIRON- MENTAL MONITORINGS OF THE BEACH AND REEF, REVEGETATION OF THE DUNE, AND PROTECTIVE WALKWAYS FOR ACCESS THROUGH THE DUNE FOR THE PROPOSED 1990 BEACH RENOURISHMENT. (Copy of Resolution No. 26-87 is on file in the official Resolution Book) 34. Relocation of Utility Collection and Code Enforcement Divi- sions. The Commission is to consider: a. Approving and authorizing execution of a 24-month modular office rental agreement to Gelco Space at a rate of $1,000/month with a one-year renewal option to include bid fees for setup, delivery and tear-down with funding to come from the Water and Sewer Fund and b. Approving funding from the Water and Sewer Fund in the amount of $13,850 for associated relocation costs. 35. llth Annual Sunrise Kiwanis Beach Festival. The Commission is to consider a request for the use of the beach across from the Holiday Inn Camino Real for the Beach Festival to be held on Saturday, July 25th from 9:00 a.m. to 3:00 p.m. Mr. Weatherspoon moved to approve the Consent Agenda, as modified, 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. Mayor Campbell stated that as a part of the Consent Agenda, he is requesting Mr. Tommy Stevens to come forward and receive Resolution No. 25-87, recognizing the importance of the "Roots Cultural Festival" in Delray. This tenth annual festival will be held from July 23 through August 9, 1987. Mr. Stevens stated he would like to thank the Commission for their approval. They place a great deal of emphasis on safety during this time and are working with the police department and the Guardian Angels to make sure everyone will enjoy the festival. REGULAR AGENDA General Administration, Finance and Personnel 26. Final Plat Approval - Linton Lake. The Commission is to consider a request for a final plat approval for Linton Lake, an ap- proved mixed use development consisting of 200 multi-family dwelling units and 325,000 square feet of office space, located at the southwest corner of Linton Boulevard and Congress Avenue. The Planning & Zoning Board and Planning Director recommend approval, subject to the following conditions: Procedural 1. That prior to the 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 Boulevard 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 considered 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. -10- 7/14/87 2. City Commission Policy In addition to road impact fees otherwise required, a contribu- tion shall be made to the City of Delray Beach to assist in the construction of two additional lanes on Congress Avenue (i.e., to ultimately widen the road from four lanes to six lanes) along the frontage of the property. To ensure that adequate roadway capacity is available to serve this development in the future, such contributions shall be made in accordance with the following fair share formula: a. # external trips X percent of trips assigned to frontage = 9 assigned trips (AT). b. AT divided by capacity of 2 additional lanes (i.e., 14,000 trips per day) = project percent of additional necessary capacity (PP). c. PP X cost of 2 additional lanes for 1 mile ($750,000 or other approved amount) X # of frontage = fair share contribution. The above contribution shall be calculated for the entire property and allocated to each building or parcel on a floor area or acreage basis, or a separate trip generation/assignment calculated on each building or parcel, at the option of the applicant. Such calculation must be approved by the City. The amounts so derived for each building or parcel shall be paid at the time of the first Certificate of Occupancy for that parcel. Provided, however, that at such time as a contract is let for the construction of the additional two lanes the balance of the total amount due shall be payable to the City by the owner(s) of the remaining undeveloped tracts, upon thirty (30) days written notice by the City. 3. That the developer shall contribute fifty cents per square foot for all office space to be paid to the City of Delray Beach at the time of Certificate of Occupancy, in addition to any other road impact fees otherwise required. The funds shall be placed into a Roadway Trust Fund by the City, and transmitted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Interstate 95 within the project's area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improve- ments within the impact area. 4. At the time of widening of Linton Boulevard and/or Congress Avenue a contribution shall be made to the City for beautifica- tion 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 appli- cable to this project. Mr. Dougherty moved for approval subject to conditions, second- ed by Mr. Weatherspoon. 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. Before roll call the following discussion was had: Mayor Campbell stated the site plan has been approved with regard to the housing element, but not on the other part. He stated there is no actual square footage allocation, but merely a plat appro- val. One of the problems that arose recently during plat approval for office development was the question of access onto a road the Commission had no intention of giving access to. He questioned if this has been reviewed by the P&Z Staff and if they are confident that, theoretically, there will be no breakout on the commercial development side that has not been looked at relative to site planning. -11- 7/14/87 Craig Un~er, representing Minto Builders, stated that in order to assure that access from the commercial area onto Germantown Road will not exist without the Commission's approval, they have shown on the plat a non-vehicular access easement along Germantown Road. That does not allow Minto Builders to have an access onto Germantown Road without the approval of the Commission in regard to vacating that access line. Along Linton Boulevard the limited access line has been broken in areas to line with the median openings that presently exist. Mr. Dougherty stated there is a fire exit on Germantown Road which is an unpaved emergency exit. Mr. Unger stated there is no Unity of Title on the property, as they are the owner of the entire parcel. At this point the roll was called to the motion. Mrs. Horenburger returned to the Commission Chambers at this time. Mayor Campbell left the Commission Chambers and Vice-Mayor Horenburger took the chair. 36. Request - Roots Cultural Festival. The Commission is to consider a request for the following'~tems: a. Contribution of $1,000 to be used for the stage. b. Payment for the services of five police officers as security. The Festival will pay for the services of five additional police officers. c. Permission for merchants along Atlantic Avenue to display festival flags. d. Permission to fly a "ROOTS CULTURAL FESTIVAL" banner across the following intersections: (1) Atlantic Avenue and N.W. 12th Avenue and (2) N. W. 8th Avenue and Martin Luther King Drive. The Acting City Manager stated that in regard to item b, Major Cochrane has recommended that the number of police officers be increased from 10 to 14, being split 7/7, this has been discussed with the Roots organizers and it has been agreed upon by all. Funding for the $1,000 can come from the City Commission contingency fund. Mrs. Horenburger questioned if the Commission could approve this item and determine the source of funding at a later date. The City Attorney advised the source of funding needed to be designated at this time. Mr. Weatherspoon moved for approval of items a, b, c, and d, with a modification making the split of 7/7 in regard to the police officers and the source of funding being the Commission Contingency Fund, 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. Before roll call the following discussion was had: Mr. Dougherty stated that after last year, the Police Chief recommended that the termination each evening be earlier for future festivals. Mrs. Horenburger stated that in addition to the earlier hour, he also had recommended that the last day's events should end at noon instead of 6:00 P.M. Mr. Weatherspoon stated that he feels the recommendation that the last day's events end at noon will be unacceptable to the Committee. At this time the roll was called to the motion. -12- 7/14/87 37. Application for a "Pocket of. Poverty Eli~ib.ility Determina- tion''. The Commission is to consider authorizing execution of applica- tion to the Department of Housing and Urban Development for "Pocket of Poverty Eligibility Determination". The Acting City Manager stated if the application is approved, the City may be eligible to apply for the Urban Development Action Grant Program. Mrs. McCarty moved for approval, 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. 38. Ordinance No. 52-87 - Amendin~ Code - Repealing the Internal Audit Committee. Ordinance No. 52-87, amending Chapter 2 "Administra- tion'' of the Code of Ordinances relative to repealing the Internal Audit Committee from Code, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 28th. The Acting City Manager presented Ordinance No. 52-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ARTICLE IV, "INTERNAL AUDIT COMMITTEE", OF CHAPTER 2, "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Campbell returned to the Commission Chambers at this time. Mr. Weatherspoon moved for the adoption of Ordinance No. 52-87, on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mrs. Horenburger stated that she feels the Internal Audit Committee did an excellent job to the point where the City hired its own internal auditor and she is requesting the Administration, on behalf of the Commission, send a certificate of appreciation to all members of the Internal Audit Committee. Mr. Dougherty stated he has received a letter from Dr. Friedman, stating that he has sent a communication to the Commission, offering to appear before the Commission at a workshop or a regular meeting. He has a few suggestions based on his experience while serving on the Internal Audit Committee. He is in favor of placing this present- ation on the next Workshop meeting, if the Commission concurs. Mayor Campbell stated that it has been workshopped and suggest- ed he might make an alternate motion to postpone the matter or re-work- shop it. Mr. Dougherty stated that Dr. Friedman was not requesting time to discuss termination of the committee, but appearing just to make an address. At this point the roll was called to the motion. 39. Ordinance No. 55-87 - Amending Code - Eliminate the Need and Formality for a Beautification Trust Fund Committee. Ordinance No. 55-87, amending Chapter 2 "Administration" of the Code of Ordinances relative to repeal of the Beautification Trust Fund Committee from Code, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 28th. The Acting City Manager presented Ordinance No. 55-87: -13- 7/14/87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE IX "BEAUTIFICATION TRUST FUND COMMITTEE", IN ITS ENTIRETY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 55-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion 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, Development and Engineering 40. Landscape Waiver - Delray Mall. The Commission is to consider a request for a waiver of certain landscape requirements at the Delray Mall. Mr. Weatherspoon moved for approval, with conditions as listed in the memorandum from James A. Johnson, dated June 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. Before roll call the following discussion was had: Mr. Weatherspoon stated that he feels this will be quite an improvement to this area. He has some concern with regard to reducing the 10 feet buffer to two and one-half feet, which coincides with the utility easement, but Mrs. Davila, the City Horticulturist, informed him that FP&L had granted the applicant the privilege of planting in the setback area. Mr. Dougherty stated there had previously been considerable discussion relative to the landscaping, particularly along Dixie High- way. One thing stressed at that time, was the fact that there would be a substantial amount of landscaping, and now they are cutting the number of trees nearly in half. He feels that is too much of a departure from what was originally planned. Mrs. McCarty stated that, after speaking with Staff, the reduction was due, in part, to security problems that are plaguing this area. While lush greenery is most desirable, it may add to the existing security problem. Mr. Dougherty stated he feels it is inconsistent with the existing commercial property in that area and does not feel the hardship is great enough to justify the elimination of that amount of trees and landscaping. Wood Sabold, Landscape Architect for the Project, stated the current depth of the landscape strip along Dixie Highway is 15 feet. It is impossible to fit the existing parking with the original plan. In order to correct this, it will be necessary to remove other interior landscape islands. When Dixie Highway is widened, the existing trees must be removed, but there will still be a tree at a distance of every forty feet. The removal and replacement of some of the islands was planned with better security in mind. The perimeter requirement has been met. Mayor Campbell stated he feels the Live Oak trees should not be used. They do not trim well or grow right and he feels they are not appropriate for a parking lot. At this point the roll was called to the motion. -14- 7/14/87 41. Ordinance No. 54-87 - Amending Zoning Code - Compliance with the City's Industrial and Hazardous Waste Disposal Regulation. Ordi- nance No. 54-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to inserting into each zoning district section of the Code a reference to the requirement that each permitted and conditional use must also comply with the requirements set forth in the regulations for industrial and hazardous waste disposal elsewhere in the Code, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 28th. The Acting City Manager presented Ordinance No. 54-87: 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 SECTIONS 30-5 (N) , "R-1AAA, R-IAAA-B, R-1AA, R-1AA-B, R-lA, R-1A-B SINGLE FAMILY DWELLING DISTRICTS", 30-5.5 (P), "RL LOW TO MEDIUM DENSITY DWELLING DISTRICT", 30-6 (P) , "RM-6 MULTIPLE FAMILY DWELLING DISTRICT" , 30-6.5 (P) , "RM MEDIUM TO MEDIUM HIGH DENSITY DWELLING DISTRICT", 30-7 (P), "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", 30-7.5 (P), "RH MEDIUM HIGH TO HIGH DENSITY DWELLING DISTRICT", 30-8 (P), "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", 30-8.1 (R), "PRD-4 PLANNED RESIDENTIAL DISTRICT", 30-8.2 (R), "PRD-7 PLANNED RESIDENTIAL DIS- TRICT'', 30-8.3 (R), "PRD-10 PLANNED RESIDENTIAL DISTRICT", 30-8.4(R), "PRD-L LOW TO MEDIUM DENSITY PLANNED RESIDEN- TIAL DEVELOPMENT DISTRICT" , 30-8 . 5 (R) , "PRD-M MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT DISTRICT" , 30-8.6(N), "MH MOBILE HOME PARK DISTRICT", 30-8.7(N), "RO RESIDENTIAL OFFICE DISTRICT", 30-8.8 (H) , "FOSTER HOMES AND GROUP HOMES, 30-9 (N) , "NC NEIGHBORHOOD COMMERCIAL DISTRICT", 30-10(N), "CC COMMUNITY COMMERCIAL DISTRICT", 30-II(N), "GC GENERAL COMMERCIAL DISTRICT", 30-12(N), "SC SPECIALIZED COMMERCIAL DISTRICT", 13-13(0), "CBD CENTRAL BUSINESS DISTRICT", 30-13.1 (M) , "LC LIMITED COMMERCIAL DISTRICT", 30-14 (N) "LI LIGHT INDUSTRIAL DISTRICT", 30-15(N), "MI MEDIUM INDUSTRIAL DISTRICT", 30-15.1(N), "SAD SPECIAL ACTIVITIES DISTRICT", 30-15.2 (P), "PCC PLANNED COMMERCE CENTER DISTRICT", 30-15.3 (N) , "POC PLANNED OFFICE CENTER" , AND 30-15 . 4 (N) , "MIC MIXED INDUSTRIAL AND COMMERCIAL DISTRICT", TO ADD A NEW SUB- PARAGRAPH IN EACH SUCH ZONING DISTRICT'S "SPECIAL REGULA- TIONS" SECTION TO PROVIDE ADDITIONAL NOTIFICATION THAT ALL USES SET FORTH THEREIN MUST ALSO FULLY COMPLY WITH THE REQUIREMENTS AND CONDITIONS OF THE CITY'S INDUSTRIAL AND HAZARDOUS WASTE DISPOSAL REGULATIONS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 54-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion 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 42.a.1 Jean Beer, 945 Tropic Boulevard, stated that she would like to relate to the Commission the results of a meeting held yesterday in Commissioner Dorothy Wilken's office. The meeting was called initially due to the Chamberlain petitions for a car dealership, to amend his 1982 petitions as County property. The Delray Beach City Commission sent Resolution No. 20-87, asking for a moratorium on the property in the Enclaves. To date, the County has taken no action. The concern of the Homeowners Association remains, in regard to the impact on the neighbor- hood relative to lighting, traffic and noise. The net result was that Commissioner Wilken stated she would propose to the Commission today, that they pass a resolution for a temporary moratorium on the property -15- 7/14/87 in the Enclaves coming into Delray with the understanding to proceed with the study of Delray Beach to enact overlay zoning. 42.1.2 Helen Coopersmith, 1222 South Drive Way, stated that she feels the County is not taking the City seriously. A comment was made to the effect that the City Officials of Delray do not attend County meetings and make their requests, but rather send their citizens. Mrs. Wilken would like the City Commission to be present at the July 23rd meeting. 42.a.3. A concerned citizen stated she is present to bring attention to the wild dogs roaming the area. There are three to five wild dogs that are overturning dumpsters, killing and maiming domestic pets. She has spoken with Mr. Vorpagel in Animal Control and he has informed her that the police nor the County respond to requests for assistance. He seems to have no communication with personnel in the County. She questioned if there is any way the City can be compensated for the revenues paid to the County by pet owners for tags, permits, etc. She presented a petition on behalf of the concerned citizens. 42.a.4. Valerie Taylor stated that she has lost three cats to the wild dogs. She has contacted the City Manager and Animal Control and help is needed desperately. 42.a.5. Beril Kruger, 3116 Spanish Trail, questioned if there is any solution for people who would like to be annexed, but cannot, due to the fact they are not contiguous. A lot of the properties adjacent to them have water service agreements. 43. Mrs. Horenburger moved to approve the minutes of the Regular Meeting of June 23, 1987, 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. 44.a.1. Mr. Weatherspoon stated that, in regard to the memorandum received from Aids to Victims of Domestic Assault requesting permission to increase the number of people who live in the facilities from 14 to 20, he would like the item placed on a Workshop Agenda in order to discuss what the ramifications might be. 44.a.2. Mr. Weatherspoon stated that, in regard to the decision of the School Board and their proposed boundary changes, he is requesting Staff contact them requesting they speed up the process as the school year is rapidly approaching. If the Commission is to support the citizens and their concerns, they need to know the numbers and percentages in order to discuss it and be able to act while there is still time. 44.a.3. Mrs. Horenburger stated that she spends a great deal of time in contact with the County, and she feels this Commission has a tendency to be more communicative with the County Government. 44.a.4. Mrs. Horenburger stated that at the Old School Square Meetings she attended last week they discussed the three-way partnership between the County, the School Board and the City. The School Board Chairman seemed very impressed with the idea and hopefully it will be discussed with the consultants in the future. She would like to see the Old School Square as a cultural arts center for South County and the City cannot afford to operate those programs alone. 44.a.5. Mrs. Horenburger stated that she is reiterating a statement she voiced earlier relative to special projects like the Roots Festival and feels they should not be funded by the Commission Contingency Fund, but from a special projects fund established by the Recreation Department. 44.a.6. Mrs. McCarty stated she has been approached by citizens and representatives of various groups who have requested a Workshop in regard to the Landlord Tenant Issue and the Occupancy Issue. It was the consensus of the Commission to place this on an upcoming Workshop Agenda. 44.a.7. Mr. Dougherty suggested that the Commission allow Mrs. McCarty to serve on the MPO Committee. Upon concurrence of the Commission, the -16- 7/14/87 City Attorney advised that it will be placed on the next agenda to ratify the selection. 44.a.8. Mr. Dougherty questioned where the City stands on annexation. The City Attorney advised that the Planning Department is working on accumulating the ordinances and legal descriptions to start the first of those in the Enclave. The direction from the Commission was to first do those of special interest to the City and those most easily done. 44.a.9. Mr. Dougherty stated that each Commissioner received a copy of a request from the Delray Beach Library indicating their budget request for the coming year. They are asking for a six percent increase across the board, even though they have nearly doubled their space and activi- ties this year. He feels six percent is a good figure to use to limit the City's budget. 44.a.10. Mr. Dougherty stated that he has a letter from Joe Bell inquir- ing if the newspaper stand is still chained to the NO PARKING sign. The Acting City Manager stated that the newspaper has been notified and if it is not removed soon, the City will take care of it. 44.a.11. Mayor Campbell stated that, regarding the comment made earlier concerning the SC zoning status, he would like a report from the P&Z Board as to when the Commission might expect a recommendation. He requested a letter be given to the Commission members in their packets by Friday. 44.a.12. Mayor Campbell stated that nearly six months ago, Atlantic Avenue was discussed regarding crime, drugs and litter with the under- standing that something was going to be done to correct this. It bothers him that the Commission has not returned to this situation and with the Commission's approval, he feels it should be placed on an upcoming Workshop and revisited again. 44.a.13. Mayor Campbell stated the Guardian Angels have never made a formal presentation to the Commission and their role in the community should be defined. On behalf of the citizens, he feels it appropriate that they contact the Commission, explain exactly what their plans are for Delray and formally request permission to proceed. He requested the City Manager to make that contact and get back to the Commission. The City Attorney stated that the Guardian Angels met with the Human Rela- tions Committee today and questioned if Mayor Campbell would like them to be present at the time the Guardian Angels make their formal request. Mayor Campbell stated they are welcome. There are places and times when they might be very helpful, but he feels there are areas along the beach or on Military Trail that do not warrant a need. Mr. Dougherty stated that, to his knowledge, the citizens of Delray did not request that the Guardian Angels come here, but was initiated by citizens living in a County pocket. He feels it is a reflection on the ability of the City to carry out its Public Safety program and questions if their presence is truly necessary. 44.a.14. Mayor Campbell questioned if the Commission is going to discuss additional personnel in the upcoming budget. If it is decided that additional people are needed, the August 1 deadline should be met. He suggested this be made the first item on the budget Workshop. 44.b. There were no Non-Agenda items from the City Attorney. 44.c. There were no Non-Agenda items from the Acting City Manager. 45. Zoning Ordinance Definition. The Commission is to discuss and clarify the definition of a car wash and the GC zoning district relating to use and allowability. Mayor Campbell stated this item needs a definition as to whether a self-service car wash will be appropriate in the GC District. He stated an application was made for Conditional Use Approval and the Chief Building Official ruled that the wording did not allow a self-ser- vice car wash. -17- 7/14/87 The Acting City Manager stated there was a preliminary proposal submitted to the Technical Review Committee and it was reviewed by Mr. Johnson and the City Attorney. The definition was determined not to permit that type of use in that particular area. Mayor Campbell stated that he placed this item on the agenda, as he feels this is stretching the English language to limits that are totally inappropriate. He feels that certain Staff realized that they, personally, did not want a car wash there. Rather than properly defin- ing the ordinance and allowing the applicant to go through the Condi- tional Use Approval process, a determination was made that the words "car wash" do not include "self-service" car wash. Therefore, he feels it appropriate that the Commission clarify their understanding of the ordinance. If it is believed the ordinance does need defining, the process should be started and a clarification made of what the intent might be. If the City Attorney and some of the Staff believe this language does not include self-service, when it clearly states car wash or car washing, then he feels there is a definite need for clarifica- tion. It is totally unfair that people, in the future, be required to live with an ordinance that supposedly is not ambiguous but is inter- preted ambiguously. He is requesting the Commission make a clarifi- cation at this time. Mr. Weatherspoon left the Commission Chambers at this time. After considerable discussion, Mayor Campbell stated that the Commission is abrogating to the Staff the right to determine what is going to be built in the future. The Commission is saying they do not have the right to interpret their own code and he feels that is absurd. Mrs. Horenburger stated that, where there is a formal appeal made, the Commission does not have the binding affect to overrule that appeal. Mayor Campbell added if the members of the Commission wish to make a policy statement, and say that the City Commission is never allowed to interpret the Code, then he feels they should inform the public that the Commission is not going to be in a position to respond when they ask for guidance, with the exception of stating they cannot interpret the Code. The Acting City Manager questioned if Mayor Campbell was asking Staff to clarify those definitions. Mayor Campbell stated that accord- ing to two members of the Commission, they could not discuss it. He feels if they do not have the right to visit it and interpret it, then it cannot be changed. Mrs. Horenburger stated the City has a mechanism to do that called the Board of Adjustment. Mayor Campbell stated the Board of Adjustment does not begin Code changes; that is done by the P&Z Board. The Commission was unable to reach a consensus at this time. Mayor Campbell declared the meeting adjourned at 10:06 P.M. ATTEST: M~A y O R 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 July 14, 1987, which minutes were formally approved and adopted by the City Commission on ~. ~ /~']/. City 'Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -19- 7/14/87