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07-28-87 JULY 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 7:02 P.M., Tuesday, July 28, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty (Arrived 7:06 P.M.) 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 Gerald J. Dingman, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of ~erica was given. 4. Certificate - Members of Internal Audit Committee: Willard Young David Nathanson James Bowen Paul Friedman Sam Schwimer Clayton Monroe, II Charles Ostrow Mayor Campbell presented certificates to the members of the Internal Audit Committee in recognition and appreciation of outstanding service in furthering the aims and principles of the City of Delray Beach in the field of Finance as a member of the Committee. Members of the Internal Audit Committee came forward to accept the certificates. 5. Mrs. Horenburger requested that Items 14, 15, 16 and 17 be removed from the Consent Agenda. Mr. Dougherty requested that Item 20 be removed from the Consent Agenda and placed on the Regular Agenda. Mrs. Horenburger moved to approve the 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. PUBLIC HEARING 6. Ordinance No. 52-87 - Amending Code - Repealinq 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 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. (Copy of Ordinance No. 52-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 52-87 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. 7. 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 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. 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-iAAA, 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 RESI- DENTIAL 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", 30-11(N), "GC GENERAL COMMERCIAL DISTRICT", 30-12(N), "SC SPECIALIZED COMMERCIAL DISTRICT", 13-13(O), "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. (Copy of Ordinance No. 54-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. -2- 7/28/87 Mrs. Horenburger moved for the adoption of Ordinance No. 54-87 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. Before roll call the following discussion was had: Mrs. Horenburger stated she had talked to staff about their communication from the Department of Community Affairs regarding the Emergency Planning Committee which would develop local responses to hazardous materials accidents. She questioned if they have talked to anyone regarding membership. Mr. Dougherty stated he has applied to be a member on that Committee. He has a fair amount of experience in this area having done a national study for EPA on hazardous waste disposal. Mayor Campbell stated perhaps one of the Commissioners could bring this up under non agenda items and they could pass a resolution in support of Mr. Dougherty's application and forward it as an entire body. The City Attorney advised that they would have to do it by motion, rather than by resolution. At this point the roll was called to the motion. 8. 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 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. 55-87: 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. (Copy of Ordinance No. 55-87 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. 55-87 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. Before roll call the following discussion was had: Mr. Dougherty questioned what they will do with the funds. The City Manager advised that any funds they used for beautification were controlled by the City and set aside in the Finance Department. There- fore, they are still within the City coffers and will be disbursed in accordance with any final beautification plan they may have. They will continue to put the 1% utility tax into the fund and transfer it back out again to pay the debt service. At this point the roll was called to the motion. 9. Ordinance No. 56-87 - Changing the City's Land Use Plan Desig- nation (Professional Office Plaza for Acquilano) (City Initiated). -3- 7/28/87 Ordinance No. 56-87, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 2.03-acre parcel from MF-10 (Multiple Family 10 units/acre) to C (Commercial), located on the west side of South Federal Highway, between S.E. 10th Street and the Delray Mall, is before the Commission for consideration on First Reading and First Public Hearing. Prior to consideration of passage of this ordi- nance on First Reading, a public hearing has been scheduled to be held at this time. If passed, a Second Public Hearing will be held August 25th. The City Manager presented Ordinance No. 56-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROM MF-10 (MULTIPLE FAMILY - 10 UNITS/ACRE) TO C-COMMERCIAL. SAID LAND IS LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, BETWEEN S.E. 10TH STREET AND THE DELRAY MALL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 56-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - No; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. (Note: Mrs. Horenburger left the Commission Chambers before the roll was called to the motion). Before roll call the following discussion was had: Mrs. Horenburger stated that a few years ago this property came to the City for a change from residential to office. The plan appeared to be a strip shopping center and the builder was told that if he was going to build an office building perhaps it should look more like one. After it was built, and the owner could not lease the space, they again came before the City and asked that it be changed to commercial. The point was made that it would not work very well as a general commercial strip because of the setbacks. Now it is back again before the Com- mission and they are asking for it to be general commercial which would open it up to a great many uses. She has a real problem with this. The reason this property was not considered for planned office center, which she feels is appropriate, is that someone asked to have a small dance studio there and they are not permitted in the POC district. Mayor Campbell stated he has the same concerns as Mrs. Horenburger. He questioned if they approve this land use request and make it commercial, but then turned down the zoning, would the current uses under the SAD fit properly in the commercial land use plan desig- nation. David Kovacs, Planning Director, advised that they would. Mayor Campbell stated they can then pass this ordinance and address Mrs. Horenburger's concerns more appropriately when they get to the zoning ordinance which is Item 26 on the agenda. Mrs. Horenburger left the Commission Chambers at this time. Mr. Dougherty questioned if they have notified the people who are going to be directly affected by this downgrading of the land use. Mr. Kovacs stated that is a hard question for him to answer the way it was asked because usually when someone goes from Multiple Family to Commercial it is considered an upgrading. There is no neighborhood notice necessary for general plan amendment modifications; however, there is for the zoning and that item was noticed. -4- 7/28/87 Mayor Campbell advised he lives in that area and he was noti- fied. Mr. Dougherty stated he feels if they are obligated to notify people on a zoning change, then they should also notify them on a land use change. Mayor Campbell requested that the City Attorney look at the code and find out if it is necessary to give notice to the public for just a land use change. The City Attorney advised it is not legally necessary to do so; however, the Commission expressed a desire to do so and he is working on a draft of an ordinance to be placed on a workshop meeting. Mr. Weatherspoon stated he has just been advised by the City Clerk that the notice which was sent addressed both the rezoning and land use changes. At this point the roll was called to the motion. 10. Ordinance No. 58-87 - Changing the City's Land Use Plan Desig- nation (City Initiated). Ordinance No. 58-87, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan designating the northwest corner of Atlantic Avenue and Congress Avenue as C (Com- mercial), is before the Commission for consideration on First Reading and First Public Hearing. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. If passed, Second Public Hearing will be held August 25th. The City Manager presented Ordinance No. 58-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROM I-INDUSTRIAL TO C-COMMERCIAL. SAID LAND IS LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, NORTH OF ATLANTIC AVENUE; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 58-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned why they are changing this from Industrial to Commercial. Mr. Kovacs advised that this land use change involves only one piece of property which is the gas station on the corner. The rest of the land to the north is Industrial; however, since this is a gas station it should be commercial. Mr. Dougherty questioned why they stopped at this parcel when it was the City who initiated the change. Mr. Kovacs advised that they looked at all the uses on the west side of Congress Avenue, about half a mile north of Atlantic Avenue. Out of all of those they are recommend- ing that the plan be changed to Commercial for the gas station and that the balance be zoned to the MIC district. At this point the roll was called to the motion. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: -5- 7/28/87 11. Appointment - Metropolitan Planning Organization. The Commis- sion is to consider the appointment of Commissioner McCarty as a member of the MPO to replace Commissioner Dougherty. 12. Requisition No. 22 - S.G. Phillips Constructors of Florida, Inc. The Commission is to consider authorizing payment of Requisition No. 22 in the amount of $18,608.30 for Regional Wastewater Plant Expan- sion. Approval is recommended. 13. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of July 16, 1987. The Commission is to consider ratification of SCRWTD Board action authorizing Hazen and Sawyer to perform services required for the Screening Building Odor Abatement Project. This was approved 6-0 by the SCRWTD Board. 18. Catherine Strong Center Lease. The Commission is to consider ratification of Catherine Strong Center Lease with Palm Beach County. 19. Community Development Block Grant Program Activities - housing Rehabilitation Grant Award and Contract Award. The Commission is to consider approval of the following Housing Rehab Grant Award: Low Bidder Location Amount Frank Fidler/ 619 S.W. 7th Avenue $17,000 James Brown Funds are available in the Community Development Block Grant Program. Approval is recommended. 21. Watermain Extension along Old Dixie Highway in the Vicinity of N.E. 14th Street. The Commission is to consider award of a contract to the low bidder, Whitaker Plumbing, Inc., in the amount of $23,455, with funds to come from the 1986/87 budget. Approval is recommended. 22. Public Safety Facility. The Commission is to consider approval of payment in the amount of $162,413.65 to Milne & Nicholls, Inc., General Contractor. This leaves a retainage balance of $16,438.96. Funds are to come from the 1985 Public Safety Facility Funds. Approval is recommended. 23. Sewer Vacuum Machine. The Commission is to consider award of a contract to the low bidder, Vac-Con, Inc., in the amount of $95,455.25 for a sewer vacuum machine with jet rodder attachment to be used by the Public Utilities Department. Funds are to come from the 1986/87 budget. Approval is recommended. Mr. Weatherspoon moved for approval of 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. REGULAR AGENDA Mrs. Horenburger returned to the Commission Chambers at this time. 14. Final Plat Approval - Second Amended Plat of Rainberry Estates. 15. Final Plat Approval - Rainberry Bay Section Nine A. 16. Acceptance of Easement Deed - Rainberry Estates. 17. Abandonment of Streets and Cul-de-Sacs within Rainberry Es- tates. Mr. Dougherty stated that he feels this is a local problem which should be resolved within Rainberry Bay itself. He understands that some people would like to postpone these items for a week; however, he has no real feelings one way or the other. He feels the Rainberry Bay governing board should make the ruling. Mayor Campbell stated they can either postpone all four items or take them under consideration this evening. -6- 7/28/87 Mrs. McCarty moved to postpone all four items for one week, to be placed on a Special Meeting agenda, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call, upon question by Mr. Weatherspoon as to the purpose for postponing them one week, Mrs. McCarty stated from what she understands the residents in opposition to the street opening would like to retain an attorney to represent their interests and come back and make another plea for their case. She is not sure whether or not that will make a difference; however, she feels they should be given the chance to have an attorney represent them. At this point the roll was called to the motion. Mayor Campbell declared a recess the time being 7:40 P.M. The meeting was reconvened at 7:42 P.M. 20. Installation of Gravity Sanitary Sewer along Lake Drive. The Commission is to consider award of a contract to the low bidder, Whitaker Plumbing, Inc., in the amount of $15,890, with funds to come from the 1986/87 budget. Approval is recommended. Mr. Dougherty questioned how many homes are being served by this contract and what was the engineer's estimate for the job. The City Manager stated he believes there are either 12 or 13 homes and Mr. Pontek, Director of Public Utilities, estimated the job would cost a little over $20,000. He does not have an engineering estimate as it was done in-house. Mr. Dougherty stated what concerns him is that this estimate is 50% lower than the next bidder and 75% lower than the third bidder. This makes him wonder if the contractor knows what he is doing. The City Manager stated that Whitaker is a small firm and has not had too much experience in this type of work.. Mr. Pontek ap- proached them to ascertain whether or not they could do the project and they indicated they could. All the materials were bid according to the specifications which the Utilities Department put together. He was assured the company could handle the project. Mr. Dougherty moved to postpone this item to the special meeting agenda next week, 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. Planning, Development and Enqineering 24. Selection of Consulting Engine?r for Storm Drainage Projects. The three consulting engineers to be considered are: Sheremeta Williams Hatfield & Stoner Gee & Jenson Mr. Dougherty stated they had discussed awarding the job to one engineer because each job is a small one. He feels that if they break it down into three jobs, each approximately $300,000, it is going to cost the City anywhere from $15,000 to $17,000 more to award it to three engineers. A savings of $15,000 will pay for the inspection on the work. His recommendation would be to award the contract to one con- sultant, Sheremeta, who is the local consultant. Mayor Campbell suggested that Mr. Dougherty make a motion to award a consolidated contract to one firm and then they will rank the firms. Mr. Dougherty moved to authorize negotiation of a contract with one of the Consulting Engineers, 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. -7- 7/28/87 Before roll call the following discussion was had: Mr. Weatherspoon questioned if staff concurs with Mr. Dougherty's projected savings to the City. The City Manager advised that Mr. Church, City Engineer, had indicated that there would be some additional cost involved. The question they had brought up was one of time; Mr. Church estimated there would be one to two months difference. Mr. Dougherty advised he used the professional engineers fee schedule to compute the cost. Mrs. Horenburger questioned if they were to select one consul- tant would they be looking at the projects being done one by one, and that being the delay, or would it be that the delay to begin all the projects would be a month or two. Mr. Church stated he would expect all projects to begin at the same time. Upon question by Mrs. Horenburger, Mr. Church stated they felt that Gee & Jenson were best suited for the North Swinton Avenue project, Williams Hatfield & Stoner for the Tropic Isle project and Sheremeta for the Rainbow Homes project. Mrs. McCarty stated she has talked to staff regarding these projects to find out if the projects would suffer, by the level of expertise, in going in three different directions. Staff indicated that each firm would probably be able to handle any of the projects. On that basis, she would be willing to go with one firm. She would like to go with the local firm since they have the opportunity and the level of expertise is not the major issue. At this point the roll was called to the motion. At this time the Commission ranked the firms in order of preference. The City Manager advised that Sheremeta is the number one firm, Gee & Jenson second and Williams Hatfield & Stoner third. Mrs. Horenburger left the Commission Chambers at this time. Mr. Weatherspoon moved to rank the firms, in order of prefer- ence, Sheremeta, Gee & Jenson and Williams Hatfield & Stoner, 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. 25. Ordinance No. 53-87 - Amending Code - Soil Erosion. Ordinance No. 53-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to controlling soil erosion in connection with land development, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August llth. The City Manager presented Ordinance No. 53-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW ARTICLE ×X, "SOIL EROSION CONTROL", PROVIDING FOR CONTROLLING SOIL EROSION, IN CONNECTION WITH LAND DEVELOPMENT; INCLUDING LAND CLEARING, GRADING, FILLING AND EXCAVATION, CON- STRUCTION OF BUILDINGS, UTILITIES, PAVING AND DRAINAGE FACILITIES, DEMOLITION, AND ANY OTHER LAND DISTURBING PROCESS OTHER THAN FOR AGRICULTURAL PURPOSES; SETTING FORTH THE PURPOSE, APPLICABILITY, STANDARDS AND PRO- CEDURES, AND SOIL EROSION CONTROL METHODS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -8- 7/28/87 Mrs. Horenburger moved for the adoption of Ordinance No. 53-87 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. 26. Ordinance No. 57-87 - Professional Office Plaza for Acquilano Rezoning (City Initiated). Ordinance No. 57-87, relative to rezoning a 2.03-acre parcel from SAD (Special Activities District) to GC (General Commercial) District, located on the west side of South Federal Highway, between S.E. 10th Street and the Delray Mall, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 25th. The City Manager presented Ordinance No. 57-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES) DISTRICT IN GC (GENERAL COM- MERCIAL) DISTRICT A PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, BETWEEN S.E. 10TH STREET AND THE DELRAY MALL, AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mrs. McCarty moved for the adoption of Ordinance No. 57-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - No; Mrs. Horenburger - No; Mrs. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 5 to 0 vote. Before roll call the following discussion was had: Mrs. Horenburger stated that the comments she made earlier during Item 9 also apply to this item. She would like the Commission to consider rezoning this to Planned Office Center which would fit the property perfectly, except for the fact that they recently allowed a dance studio. Mrs. McCarty questioned if they could amend the POC to include dance studios. Mrs. Horenburger stated that the Planning and Zoning Board would have to review that. They could either make it a non- conforming use or they could amend the POC to allow dance studios. Mayor Campbell stated he would prefer to see the SAD ordinance currently in place amended to allow a dance studio. This would be the simplest way to allow the owner and the occupant to exist without doing too much injustice to the future plans of what they may want on that site. Therefore, they would just leave the parcel as it is and not pass this ordinance and then take this item back to the P&Z Board to see if they would like to amend the SAD ordinance. Following discussion, it was the consensus of the Commission to amend the SAD ordinance to allow dance studios. At this point the roll was called to the motion. 27. Ordinance No. 59-87 - Northwest Corner of Atlantic Avenue and Congress Avenue Rezoning (City Initiated). Ordinance No. 59-87, rela- tive to a City initiated rezoning from LI (Light Industrial) District to GC (General Commercial) District, is before the Commission for consider- ation on First Reading. If passed, Public Hearing will be held August 25th. The City Manager presented Ordinance No. 59-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT A PARCEL OF LAND LYING AND BEING IN SECTION 18, -9- 7/28/87 TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, NORTH OF ATLANTIC AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLOR- IDA, 1983". The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 59-87 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 - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 28. Ordinance No. 60-87 - Portion of the West Side of Congress Avenue, North of Atlantic Avenue Rezoning (City Initiated). Ordinance No. 60-87, relative to rezoning from LI (Light Industrial) District to MIC (Mixed Industrial and Commercial) District, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 25th. The City Manager presented Ordinance No. 60-87: 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 PARCEL OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, NORTH OF ATLANTIC AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 60-87 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. 29. Ordinance No. 61-87 - Amending Zoning Code - Residential Parking. Ordinance No. 61-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to parking requirements for residential uses when in conjunction with commercial uses in commercial zoning districts, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August llth. The City Manager presented Ordinance No. 61-87: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULA- TIONS'', (D) "PARKING REQUIREMENTS", (1) "RESIDENTIAL" (b) AND (c) BY ESTABLISHING PARKING REQUIREMENTS FOR MULTI- FAMILY RESIDENTIAL USES IN CONJUNCTION WITH AND WITHIN THE SAME BUILDINGS AS PERMITTED COMMERCIAL USES IN A COMMERCIAL ZONING DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mrs. McCarty moved for the adoption of Ordinance No. 61-87 on First Reading, seconded by Mr. Weatherspoon. 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. Before roll call the following discussion was had: Mrs. Horenburger stated they are going to be requiring no parking spaces for multi-family use and with three or more bedrooms they -10- 7/28/87 are requiring 1.5 spaces. She questioned if this is only with commer- cial uses. Mr. Kovacs stated that is correct and would only occur when the residential use is in the same structure as the commercial use. This is currently permitted in the commercial areas in which it is listed and also the General Commercial District so that it has more applicability than just within the Central Business District. Upon question by Mr. Weatherspoon, Mr. Kovacs explained that the rational behind this is that they will have the residential demand in non-working hours and the retail demand in the working hours. At this point the roll was called to the motion. 30. Ordinance No. 62-87 - Amending Code - Subdivisions. Ordinance No. 62-87, relative to amending Chapter 24 "Subdivisions" of the Code of Ordinances to provide a revised definition of subdivisions and certain exceptions thereto, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August llth. The City Manager presented Ordinance No. 62-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 24, "SUBDIVISIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 24-4(0), "SUBDIVISIONS", AND ENACTING A ~NEW SECTION 24-4(0), "SUBDIVISIONS", TO PROVIDE A DEFINITION OF SUBDIVISION, TO PROVIDE FOR THREE CATEGORIES OF SUBDIVISIONS, AND TO PROVIDE EXCEPTIONS TO PLATTING REQUIREMENTS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 62-87 on First Reading, seconded by Mr. Weatherspoon. The City Attorney stated he would like some direction from the Commission with regard to the fact that they have a couple of pending applications which would otherwise require platting if this ordinance were not in place. He suggested that they should make it effective to those which are currently pending as of today's date. Mr. Dougherty amended his motion as advised by the City Attor- ney, Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS 31. There were no comments and inquires on Non-Agenda Items by Citizens. 32. Mrs. Horenburger moved to approve the minutes of the Regular Meeting of July 14, 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. 33.a.1. Mr. Dougherty stated that in the Third Quarter Report the Golf Course is shown as operating at a loss and he questioned why. The City Manager stated they are not getting the revenues like they used to; they are only getting payments. The only fees they can keep track of are those paid to the City from the two contractors. They are going through a debate right now with Mr. Code House. His argument is that he is not required to furnish the City with any information regarding his revenues, internal operations, his salary and what he pays -11- 7/28/87 his staff. Ail the City gets is his quarterly figures which he pays per his contract. Mr. Dougherty stated that he has also asked repeatedly for the Golf Course to be separate from the restaurant so that they know how much money they are making on each. There is soon going to be a tennis center there and he questioned if their losses are going to be bigger or smaller. The whole issue needs to be drawn together. Mayor Campbell requested that the City Manager place this on next week's workshop, or whenever he can have the statistical data ready. 33.a.2. Mr. Dougherty stated that in the Report it also shows that the Cemetery made money this year. They had a net income of $39,000; however, they transferred in $70,911 from the General Fund. The City Manager advised it is the Governmental Finance Offi- cer's requirements that they account for the money in that way. The revenues from the Cemetery do not meet the expenses and they have always transferred funds from the General Funds to cover the cost of the operations. 33.a.3. Mr. Dougherty stated that Alice Finst's term on the Community Appearance Board will be up next month. He talked with Digby Bridges, Chairman of the CAB, and he indicated that he will have a very severe loss when they lose Mrs. Finst. He would like the Commission to consid- er the possibility of extending her term for one more term. Mayor Campbell requested that this be placed on a workshop agenda for consideration. 33.a.4. Mrs. McCarty questioned when they are going to be discussing the towing contract. Mr. Dougherty advised that the specifications did not call for a basis for award of a contract and staff were supposed to take it back and rework a new set of proposals. 33.a.5. Mrs. McCarty stated that Mayor Campbell had suggested a meeting with the Guardian Angels and she questioned if that had been set up. Mayor Campbell stated he felt it appropriate that they present themselves to the Commission and explain what they plan to do and what they do. The City Manager advised he will set up a meeting for a regular workshop meeting. 33.a.6. Mrs. McCarty stated that at the last workshop meeting they discussed the trash item. She feels that it is important they get moving on this and would like the Commission to discuss it again. Mrs. Horenburger suggested they discuss this at a special workshop meeting. 33.a.7. Mrs. Horenburger stated that about a week ago staff met with some of the newspaper representatives and she met with several of them yesterday to talk about the problem of the newsracks. She learned that the larger circulation newspapers do not have total control over the newsracks; they give them to their distributors and they place them wherever they want. She feels they should have a person in the City who can call the key people and circulation managers with regard to safety problems, locations and rights-of-way and have a different approach, rather than issuing violation notices. 33.a.8. Mrs. Horenburger stated she would like staff to check on some complaints she has received about Congress Plaza. Apparently, there is a fish store in there and they have been putting fish in the dumpster. 33.a.9. Mrs. Horenburger stated that she asked a couple of weeks ago about the drainage on A1A which was supposed to have been done in Fiscal -12- 7/28/87 Year 87 by DOT. She noted on their Five Year Plan that it is to be done in FY 88. There is a large fungus pond sitting south of Atlantic Avenue along A1A and she feels they need to get onto DOT again. 33.a.10. Mr. Weatherspoon stated, with regard to the potential acquisi- tion of properties near the Treatment Plant, that he was in that neigh- borhood over the weekend and noticed that one of the homes is up for sale. He suggested that staff look into this to see if it is possible to purchase the home and take it off the market now so that they will not have to displace anyone. The City Manager advised they have received reports back from Russell & Axon and Post, Buckley relative to the plant expansion. This will be scheduled for the next workshop meeting. 33.a.11. Mr. Weatherspoon stated, with regard to the N.W. 5th Avenue parking lot, that they received some literature several weeks ago that the project would be starting up. To his knowledge nothing has been done. The City Attorney advised there was a correction necessary in the legal description of the property to be paved. That is done now and they should be able to start work in a week. 33.a.12. Mrs. Horenburger stated she attended the County Commission meeting today and addressed them on the Turtle Ordinance to make sure that Delray would not be beholden to the County's proposed ordinance. Their attorney assured her that Delray would not be subject to the other provisions of their ordinance. 33.a.13 Mrs. Horenburger stated, with regard to the Enclave Act and their request that the County hold up on any changes, that she made her comments to Commissioner Roberts very briefly before the meeting and feels some were misunderstood. Commissioner Roberts thought that she had said she was not in favor of a moratorium and announced that to the Commission. However, later in the meeting she mentioned that it was a misunderstanding. The ordinance they had on their agenda today was only prepared by their staff and received by this Commission yesterday. The County staff asked for a two week delay to be sure that what they were proposing would be in concurrence with this Commission. 33.b.1. The City Attorney stated that they have approved a blanket agreement with the School Board for the use of the Delray Beach Elemen- tary School. Apparently, the School Board has not yet approved the agreement nor had it signed. The Old School Square Foundation has a meeting scheduled for Thursday in the School. The School Board is willing to enter into a one day lease arrangement with the City, under the same terms and conditions as the blanket agreement. If it is the consensus of the Commission that they wish to enter into that agreement so that the Old School Square Foundation can use the facility, he will do so, and have the Commission subsequently ratify the one time lease. It was the consensus of the Commission to enter into the one day lease arrangement. 33.c.1. The City Manager stated that he received a note from John McKennon, Chairman of the Beautification Advisory Committee. He would like to set up a special workshop with the Commission to discuss the conceptual design of the beautification program and would like approxi- mately 1 1/2 hours to make their presentation. Mayor Campbell requested that the City Manager try to get Mr. McKennon to reduce the time requested and get back with the Commission. 33.c.2. The City Manager stated there are four items he would like to place on a workshop agenda to explore a number of areas. Those items relate to the Enclave Act, the time frames for annexation, the moratori- um program and the Chamberlain requests. If the Commission has no objections he would like to go ahead and schedule these for the next workshop. -13- 7/28/87 33.c.3. The City Manager furnished the Commission with the proposed 1987/88 budget. He advised that the General Fund is a little over 27 million dollars. He would like the Commission to review the budget very carefully as they will start budget meetings in approximately two weeks. Mayor Campbell declared the meeting adjourned at 8:43 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 July 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. -14- 7/28/87