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08-11-87 AUGUST 11, 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 7:06 P.M., Tuesday, August 11, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Vice-Mayor Marie Horenburger Mayor Doak S. Campbell (Arrived 8:40 P.M.) Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Daniel Digatono, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Dougherty requested that Item 18 be moved to the end of the Regular Agenda. Mr. Weatherspoon requested that Item 14 be removed from the Consent Agenda and placed as first item on the Regular Agenda. Mr. Weatherspoon moved to approve the agenda, as modified, 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. PUBLIC HEARING 5. Ordinance No. 53-87 - Amending Code - Soil Erosion. Ordinance No. 53-8~, relative to 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 consider- ation on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 XX, "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. (Copy of Ordinance No. 53-87 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. 53-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 6. 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 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. 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. (Copy of Ordinance No. 61-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Dougherty moved for the adoption of Ordinance No. 61-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 7. Ordinance No. 62-87 - Amending Code - Subdivisions. Ordinance No. 62-87, 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 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. 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. (Copy of Ordinance No. 62-87 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- 8/11/87 Mr. Weatherspoon moved for the adoption of Ordinance No. 62-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 63-87 - Changing the City's Land Use Plan Desiq- ~ation (Rubin) (City Initiated). Ordinance No. 63-87, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 1.34-acre parcel from MF-15 (Multiple Family - 15 units/acre) to MF-M (Multi-Family Moderate Density), located on the east side of State Road A1A, between Brooks Lane and Lewis Cove, if these streets are extended eastward, 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. 63-87: 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-15 (MULTIPLE FAMILY - 15 UNITS/ACRE) TO MF-M (MULTI-FAMILY MODERATE DENSITY). SAID LAND IS LOCATED ON THE EAST SIDE OF STATE ROAD A1A, BETWEEN BROOKS LANE AND LEWIS COVE, IF THESE STREETS ARE EXTENDED EASTWARD; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 63-87 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. 63-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Com- mission 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: Upon question by Mr. Dougherty as to why the City initiated this ordinance, the City Attorney advised that this parcel is part of the Enclave Act. The City initiated all the comprehensive land use changes last year as a package; however, this parcel was never adopted formally by the Commission. At this point the roll was called to the motion. Vice-Mayor Horenburger stated that before they approve the Consent Agenda she would like Andre Fladell and Perry DonFrancisco, representing Delray Citizens for Delray Police, to come forward. She had promised them they could make a brief presentation. Andre Fladell stated they have already had two functions this year and have presented three children of Delray Beach Police with scholarships. Their next event will be held on Labor Day and, at that time, they will be holding a police challenge between Boca Raton, Delray Beach and Boynton Beach. Each department will be vying for $5,000 in prize money which will be used for their particular department. Tonight he has brought with him the uniforms of the Delray Beach team and would like to present one to each Commissioner. Mr. Fladell advised that they will be presenting the three scholarships on August 19th at a breakfast held by the Board of Realtors -3- 8/11/87 in the Atlantic High School at 8:30 A.M. and the Commissioners are welcome to attend. CONSENT AGENDA The following items are to be considered by the Commission as the Consent Agenda: 9. Final Statement for Fiscal Year 1987/88 Community Development Block Grant Program. The Commission is to consider approval of final statement of Objectives and Projected Use of Funds. Approval is recom- mended. 10. Rental Rehabilitation Application and Program Description, Fiscal Year 1987/88. The Commission is to consider approval of submis- sion of Rental Rehabilitation Application and Program Description to the U.S. Department of Housing and Urban Development. Approval is recom- mended. 11. Pickup Truck - Public Utilities Department. The Commission is to consider award of a contract to the low bidder, Bill Wallace Ford, for a 3/4 ton F-250 to be used by the Water Distribution Division, in the amount of $11,100, with funds to come from the 1986/87 budget. Approval is recommended. 12. Chemicals and Fertilizers - Parks and Recreation Department. The Commission is to consider award of contracts to the following low bidders, with funds to come from the 1986/87 budget. Bidder Annual Cost Chemicals Woodbury Chemicals Company $ 1,540.75 Atlantic Fertilizer Company 146.70 Lesco, Inc. 3,385.00 Helena Chemical Company 5,070.50 Fertilizers Lesco, Inc. 8,305.59 Howard Fertilizer Company 12,454.32 Approval is recommended. 13. Relocation of Forcemain No. 50. The Commission is to consider authorizing Post, Buckley, Schuh & Jernigan to design relocation of Forcemain No. 50 along Congress Avenue at the E-4 Canal to allow road widening by the County Engineer's Office. The engineering cost will be $12,400, with funds to come from the 1986/87 budget. Approval is recommended. 15. Nuisance Abatement. Resolution No. 28-87, assessing costs of abating nuisances in accordance with Section 13-13 on 66 parcels, is before the Commission for consideration. The caption of Resolution No. 28-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 28-87 is on file in the official Resolution Book) -4- 8/11/87 16. Nuisance Abatement. Resolution No. 29-87, assessing costs in the amount of $3,294.50 for abatement action regarding demolition of an unsafe building located at 107 N.E. 10th Street, is before the Commis- sion for consideration. The caption of Resolution No. 29-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 29-87 is on file in the official Resolution Book) 17. Nuisance Abatement. Resolution No. 30-87, assessing costs in the amount of $1,644.50 for abatement action regarding demolition of an unsafe building located at 415 N.W. 3rd Street, is before the Commission for consideration. The caption of Resolution No. 30-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 30-87 is on file in the official Resolution Book) Mr. Weatherspoon moved to approve the Consent Agenda, as modified, 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. REGULAR AGENDA 14. Property for Expansion of Water Treatment Plant. Resolution No. 19-87, authorizing acquisition of nine lots for proposed expansion of the Water Treatment Plant, is before the Commission for considera- tion. The City Manager presented Resolution No. 19-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION IN FEE SIMPLE OF CERTAIN REAL PROPERTY, BEING LOTS 1 THROUGH 9, INCLU- SIVE, NICHOLS SECOND ADDITION TO DELRAY BEACH, AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 70, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR THE PUBLIC PURPOSE OF THE EXPANSION AND IMPROVEMENT OF THE MUNICIPAL WATER TREATMENT PLANT, AND FINDING THE SAME TO BE A PUBLIC NECESSITY; PROVIDING THE EXACT LEGAL DESCRIPTION OF THE PROPERTY TO BE ACQUIRED; DETERMINING AND FINDING THAT THE ACQUISITION OF THE PROPERTY TO BE -5- 8/11/87 ACQUIRED IS NECESSARY FOR THE STATED PUBLIC PURPOSE; PROVIDING THAT IN THE EVENT THAT EMINENT DOMAIN PROCEED- INGS ARE NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST HIM IN THIS MATTER; PROVIDING FOR THE FURNISHING OF COPIES. Upon question by Mr. Weatherspoon, the City Attorney advised this resolution is the first step in authorizing appraisals and negotia- tions. For purposes of setting up a potential eminent domain action, if the owners do not negotiate reasonably or fairly, it also authorizes the City to commence the taking of the property through condemnation. There are technical reasons why the Commission would want to approach it from this standpoint as it makes for a better bargaining position for their values. Mr. Weatherspoon stated that during their previous discussions they talked about having a relocation plan. He feels that, unless it is an emergency and they need the resolution passed now, they should wait. Mr. Dougherty stated the intent is that they will allow the people to stay in their homes, as renters, until such time as the expansion of the plant is required. Mr. Weatherspoon stated they do not have a policy in place to relocate these people, yet, they are moving forward with this resolu- tion. He feels they should take care of the policy first, then move forward. Mr. Dougherty suggested that they place the relocation issue on the next workshop agenda. Mr. Weatherspoon stated that is fine; how- ever, he feels they should not pass the resolution tonight. Mr. Dougherty moved for the adoption of Resolution No. 19-87, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - No; Vice-Mayor Horenburger - No. Said motion FAILED by a 2 to 2 vote. Before roll call the following discussion was had: Vice-Mayor Horenburger stated she has no problem with postpon- ing this until they have at least had a discussion. Upon question by Mrs. McCarty, the City Manager stated if they were to look at the relocation policy after passage of this resolution it would become part of the negotiation procedure. It sometimes makes the negotiations a little easier if you tell the individual what you are going to offer and that you will also provide certain types of reloca- tion benefits. At this point the roll was called to the motion. Mr. Weatherspoon moved to postpone Resolution No. 19-87. Vice-Mayor Horenburger passed the gavel to Deputy Vice-Mayor Weatherspoon and seconded the motion. Upon roll call the Commission voted as follows: Mr. Dougherty - Abstained; Mrs. McCarty - Yes; Deputy Vice-Mayor Weatherspoon - Yes; Mrs. Horenburger - Yes. Said motion passed with a 3 to 0 vote, with Mr. Dougherty abstaining. Before roll call, upon question by Mr. Dougherty, the City Attorney advised that you are allowed to step down as chairman of any vote, provided that during that issue you do not reclaim the gavel. At this point the roll was called to the motion. Planning, Development and Engineering 19.20.21.22. Roy Flack stated that last Friday an attempt was made to settle this matter with the attorney and group opposing these items. They left the meeting believing it had been settled; however, apparently there is some dissension among the group opposing. He feels the best -6- 8/11/87 approach tonight is to let the people opposed state their position and then he will respond. .Philip Beddleson, 1435 N.W. 23rd Lane, stated he is one of the people opposing the opening of 23rd Lane. He did not attend the meeting Friday; however, he heard that there seems to be an inconsistency in that they were under the impression the matter would be laid in front of the people of Rainberry Bay. At a meeting this morning with the Board of Directors it appeared that Mr. Flack's intention was to let the Board of Directors decide. The attorney representing the group opposing is not present tonight as he also believed this matter would go before the people of Rainberry Bay. Mr. Flack stated that he has a written memo prepared by the attorney stating that the issue in question would be submitted to the Board, not the residents. The issue to be submitted is whether or not a gate should be placed internally between the two communities. They were going to leave this up to the Board of Directors and he feels this does not involve the Commission at all as it is an internal matter. Mel Feldman, 2475 N.W. 14th Street, stated that he attended the meeting last Friday. There were seven points which their attorney and Mr. Flack ironed out and they agreed to all seven points. 19. Final Plat Approval - Second Amended Plat of Rainberry Estates. The Commission is to consider a request for final plat approval for the Second Amended Plat of Rainberry Estates, a proposed two lot subdivi- sion, being a replat of Lots 67, 68 and 69 of the Amended Plat of Rainberry Estates, located at the southwest corner of Davis Road and Riviera Drive. The Planning and Zoning Board and Planning Director recommend approval. Mr. Weatherspoon moved for final plat approval for the Second Amended Plat of Rainberry Estates, 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. 20. Final Plat Approval - Rainberry Bay Section Nine-A. The Commission is to consider a request for final plat approval for Rainberry Bay Section Nine-A, being a replat of Lot 19 of Rainberry Bay Section Nine, to allow for the extension of N.W. 23rd Lane into Rainberry Estates. The property is located within the Rainberry Bay development at the northernmost corner of the site. The Planning and Zoning Board and Planning Director recommend approval. Mr. Weatherspoon moved for final plat approval for Rainberry Bay Section Nine-A, 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. 21. Acceptance of Easement Deed - Rainberry Estates. The Commis- sion is to consider acceptance of an easement deed granting replacement easements for utility purposes, subject to the abandonment of streets and cul-de-sacs within the Rainberry Estates subdivision. The Planning and Zoning Board and Planning Director recommend approval. Mr. Weatherspoon moved to approve acceptance of an easement deed in Rainberry Estates, 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. 22. Abandonment of Streets and Cul-de-Sacs Within Rainberry Estates. Resolution No. 27-87, abandoning all public streets and cul-de-sacs within the Rainberry Estates subdivision, is before the Commission for consideration. The property is located on the west side of Davis Road, between N.W. 15th Street and Lone Pine Road. The Planing and Zoning Board and Planning Director recommend approval, subject to the acceptance and recordation of an easement deed granting replacement easements for utility purposes. -7- 8/11/87 The City Manager presented Resolution No. 27-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL PUBLIC ROADS AND CUL-DE-SACS WITHIN RAINBERRY ESTATES DEVELOPMENT, BEING THOSE PUBLIC ROADS AND CUL-DE-SACS LOCATED WITHIN THE RECORDED AMENDED PLAT OF RAINBERRY ESTATES, AS RECORDED IN PLAT BOOK 49, PAGES 60 AND 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CERTAIN CONDITIONS TO WHICH SAID VACATING AND ABANDONMENT IS SUBJECT. (Copy of Resolution No. 27-87 is on file in the official Resolution Book) Mr. Weatherspoon moved for the adoption of Resolution No. 27-87, 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. Vice-Mayor Horenburger declared a recess the time being 7:45 P.M. The meeting was reconvened at 7:50 P.M. 23. Site Plan Approval in Co~juncti0n with Water Service Agreement - Wachtel Office Building. The Commission is to consider a request for site plan approval in conjunction with an approved Water Service Agree- ment for a 1.00-acre parcel, located on the east side of North Federal Highway between the Delray Drive-in Theatre and Gulfstream Boulevard. The property is currently being used for retail sales and warehouse storage and a 2,775 square foot office building addition is proposed. The Planning and Zoning Board and Planning Director recommend approval. Vice-Mayor Horenburger questioned if the City's water service agreements only apply to the extent that they do not exceed County development standards. The City Attorney advised that they do not require them to do something which is in conflict with the County's ordinances. His interpretation of the language has always been that the City can impose more on a person; however, they cannot make them do something which would make them violate County codes. Mr. Kovacs, Director of Planning, stated this project went through the site plan review process with the interpretation that the City shall apply their standards, unless they are more restrictive than the County's. Larry. Schneider, representing the owner, stated his client presented the project to the City at a meeting held on June 10, 1986, and at that time the Commission unanimously approved the water service agreement. His client assumed that they had approval for a water service agreement and built the project through the County. The build- ing is existing and when they went to obtain the water they were told they could not get any. He was then hired to resolve the situation and has gone through the Community Appearance Board and site plan approval. Upon question by Vice-Mayor Horenburger, Mr. Schneider stated he is not sure if the building went through the site plan process before or after it was erected. Vice-Mayor Horenburger stated if they built the building before it went through the approval process, they violated, in her view, the terms of the water service agreement. Mr. Schneider stated at the Planning and Zoning Board meeting held on May 23, 1986, it was the consensus of the Board to recommend approval of the water service agreement to the Commission. Mr. Weatherspoon stated that it appears they are going through the process now and, based on Mr. Kovacs comment that staff took into consideration that they would not be more stringent than the County, he questioned if there is anything on the site plan that they would not have approved if they had not taken that position. -8- 8/11/87 Alice Finst, Vice-Chairman of the CAB, stated they were told that they could not do anything to make the owner upgrade the land- scaping. She has serious doubts if the landscaping is up to code. Mr. Schneider stated the Boards were directed to look at the individual building on the parcel, not the entire parcel as everything else is existing, although it may be non-conforming. Vice-Mayor Horenburger stated she feels the whole thing has been a total violation of the water service agreement and, as far as she is concerned, there is no longer an agreement. Upon question by Mr. Dougherty as to whether or not the Plan- ning and Zoning Board has reviewed this, Kathi Sumrall, member of the P&Z Board, stated they reviewed it basically under the same terms as the CAB. It was an existing building and they did not give it a technical review. Mr. Dougherty moved to approve the site plan in conjunction with the water service agreement for the Wachtel Office Building, seconded by Mr. Weatherspoon. Mr. Weatherspoon questioned, in lieu of the fact that the City does require a certain amount of landscaping, etc., if the applicant would consider upgrading the landscaping as a condition to this agree- ment. He would not be in favor of this if the applicant is not willing to bring the landscaping up to the City's standards. Mrs. McCarty concurred with Mr. Weatherspoon. Upon question, Mr. Kovacs stated the P&Z Board felt they were constrained by Paragraph 12 of the water service agreement, regarding not superseding the County's standards, and did not look at the parcel to identify any technical code deficiencies. They have not reviewed this site with regard to setbacks, etc. Vice-Mayor Horenburger questioned if the CAB made an actual review or recommendation as to the standards on the landscaping or signage. Mr. Schneider advised that the CAB talked about it; however, the direction was given at that time that they were to only address this building, not existing structures. Vice-Mayor Horenburger stated she feels the Commission should consider postponing this item until there is a review and all the facts are clear. She also feels it would set a bad precedent if they were to approve this. Mr. Dougherty withdrew his motion. Mr. Weatherspoon withdrew his second. Vice-Mayor Horenburger questioned what the City's position would be if they were to have this item go back to the CAB to look at the landscaping and signage. The City Attorney stated that if the site plan relates to the remaining portion of the parcel, i.e., entranceways, landscaping and those kinds of things, and they relate to each other, then they could take them into consideration. ~s. Sumrall referred to a memo from Stan Weedon, Planning Department, to the applicant dated May 19, 1987, which addressed land- scaping with regard to requiring a solid tree line along the south property line and that the foundation planning should be upgraded. The City Attorney clarified what he believes the term "super- sede'' means. He stated that the City cannot make a person reduce the requirements of the County; however, they could add on to those require- ments, provided they do not make the person violate the County require- ments for their building permits and site approvals. Mr. Weatherspoon moved to send this item back to the CAB for review, 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. -9- 8/11/87 24. Ordinance No. 64-87 - Amendinq Zoning Code - MIC District. Ordinance No. 64-87, amending Chapter 30 "Zoning" of the Code of Ordi- nances relative to the 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. 64-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-15.4 "MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT" BY REPEALING SUBSECTION (A), "PURPOSE", IN ITS ENTIRETY AND ENACTING A NEW SUBSECTION (A), "PURPOSE", TO SET FORTH THE PURPOSE OF THE ZONING DISTRICT; BY REPEALING SUBSECTION (B), "PERMITTED USES", IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION (B), "PERMITTED USES", TO SET FORTH THOSE USES ALLOWED AS PERMITTED USES WITHIN THE ZONING DISTRICT; BY REPEALING SUBSECTION (C), "CONDITIONAL USES", IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION (C), "CONDITIONAL USES", TO SET FORTH THOSE USES ALLOWED AS CONDITIONAL USES WITHIN THE ZONING DISTRICT; BY AMENDING SUBSECTION (N), "SPECIAL REGULATIONS", (1) BY DELETING THE PHRASE "AND STORAGE,"; AND FURTHER AMENDING SUBSECTION (N), "SPECIAL REGULA- TIONS'', BY ADDING A SUBPARAGRAPH (7) TO PROVIDE FOR THE LOCATION AND REGULATION OF OUTSIDE STORAGE IN THE DIS- TRICT, AND BY ADDING A SUBPARAGRAPH (8) TO REQUIRE THAT EACH BUILDING SHALL HAVE AT LEAST FIFTY PERCENT (50%) OF ITS FLOOR AREA SET ASIDE, OR USED FOR, INDUSTRIAL PUR- POSES/USES; PROVIDING A GENERAL REPEALER CLAUSE; PRO- VIDING 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. 64-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Com- mission 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. 25. Temporary Halt to Processing of Land Use Requests in the ~nclave Areas. The Comm~ssi6n' i's 'to consider discussion and possible action pending County action on the City's request for a temporary halt to processing of land use requests in the Enclave areas. Mr. Kovacs stated they sent a communication to the County stating that the City had discussed both their ordinance and a different approach which would be a moratorium on a case by case basis; either way would be acceptable to the City for them to proceed. After the County's discussion today, the item was continued with a request that the City take a position as to which way they wish to proceed. Vice-Mayor Horenburger questioned what the recommendation of the Commission staff was with regard to the effectiveness of either the moratorium, which was originally proposed, or the interlocal agreement, which is basically a case by case moratorium. Kathy Daley stated that the 60 day moratorium would be more effective. It basically states that if the County receives a petition from an enclave they would give it to the City who then has 60 days to respond. In that response the City would be asking the County Com- mission to take a strong consideration upon them voting. This would last until all enclaves are annexed. Vice-Mayor Horenburger questioned if there was any discussion as to how long it would take to prepare and pass the 60 day moratorium interlocal agreement. Ms. Daley stated they did talk about it and one thing they did state was that if they were to receive a petition within the next two weeks they would send it to the City, even though the matter has been postponed for two weeks. Commissioner Wilken also -10- 8/11/87 suggested that if they are going to go with the 60 day plan that they go through the normal process for land use amendments. Mrs. McCarty stated this is exactly what they have been looking for, i.e., to get notified up front and not hear about things after they have gone through most of the process when it is too late. Mrs. McCarty moved that the Commission go with the 60 day process, with the details to be worked out with the attorneys' offices, 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. Before roll call the following discussion was had: Vice-Mayor Horenburger stated that, based on this Commission's discussion of their annexation of enclaves process, and realizing the length of time it was going to take to actually begin to annex them, they only realized last week that they probably jumped the gun in asking for the moratorium. She would like to apologize to the County Commis- sioners and their staff for the confusion that this may have caused. She would particularly like to thank Commissioner Wilken for meeting with Mr. Kovacs, Ms. Daley and herself last week and coming around to the point of having something which works a little better in light of the new information. At this point the roll was called to the motion. 26. Amendments to the Zoning Code. The Commission is to consider recommendations regarding various amendments to the Zoning Code. The Planning and Zoning Board and Planning Director recommend approval. Mr. Kovacs stated that since there are so many items to be considered, and they did not want to be caught in a situation where an ordinance was written, it went through first reading and then at second reading there were a lot of concerns and they would have to rewrite the ordinance, they thought they would give the Commission the background on all the items first. The Commission can then decide whether they wish to workshop the items or hold public hearings before the ordinances are written. Mrs. McCarty questioned if it would be possible to have a workshop and an informal public hearing together, rather than separate- ly. Following discussion it was the consensus of the Commission to hold a workshop and informal public hearing on the same night with the Commission discussing it first and then the public making comments. Mayor Campbell arrived at this time. 18. Interview and Selection of Architect for City Hall Expansion. The Commission is to select and authorize negotiation of a contract with one of the following architects: Schwab and Twitty Architects Digby Bridges, Marsh and Associates Currie Schneider Associates Slattery and Root Architects Each firm made a presentation as follows: (a) Paul Twitty, representing Schwab and Twitty Architects, stated there are six major steps that are involved in the design process; (1) The master planning process, (2) the schematic design, (3) the design development process, (4) the contract documents, (5) the bidding process and (6) the final stage. He outlined the six steps and the different aspects involved with each one. He stated they have purposely not addressed the issue of aesthetics as they feel they would want to become involved with the Commission to get their thoughts and needs. In -11- 8/11/87 closing, Mr. Twitty stated that they have the ability to meet the City's time frames and stay within the budget. (b) Digby Bridges, representing Digby Bridges, Marsh and Asso- ciates, stated he feels that the most important part of any job is that if you work as a team you can get it done properly and on time. He will be getting input from the public, Commissioners and City departments. He presented several renderings of how City Hall could be expanded. He stated they are a local firm who have enjoyed working with the City before. (c) Larry Schneider, representing Currie Schneider and Associates, presented their project organizational chart. He stated they have been in Delray Beach for 18 years and have a successful track record. He advised that they have extensive renovation experience, they adhere to schedules and budget and their workload permits them to start on the project as soon as the City has the opportunity. Bob Currie presented several plans of their ideas for the expansion. (d) Paul Slattery, representing Slattery and Root Architects, stated their firm is located in Boca Raton. He introduced part of their project team who were present. Dick Sheremeta stated his firm will be providing the civil engineering and surveying support. Neil Brabham, Brabham-Debay and Associates, stated his firm would be the mechanical and electrical engineers for the project. He advised the Commission of several other projects they have worked on. Mr. Slattery reviewed their proposed project schedule. He advised that they have just completed work on the City Hall renovation in Deerfield Beach and, therefore, have the experience. At this time the Commission ranked the firms in order of preference. The City Manager advised that Digby Bridges, Marsh and Associ- ates is the first firm, Currie Schneider Associates, second, Slattery and Root Architects, third and Schwab and Twitty Architects, fourth. Mrs. Horenburger moved to approve the ranking of Digby Bridges, Marsh and Associates and authorize negotiation of a contract, 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. PROCEDURAL ITEMS 27. Bill Echols, 220 N.W. 7th Street, stated in recent days there has been some talk concerning a low or moderate income housing project being built on Lake Ida Road. He questioned if this is still under consideration. Mayor Campbell advised the project has not been brought before the Commission as of this date. 28. Mrs. Horenburger moved to approve the minutes of the Regular Meeting of July 28, 1987, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 29.a.1. Mr. Weatherspoon stated he would like to thank Chief Kilgore and all the police officers who worked during the Roots Festival for making it an enjoyable occasion. 29.a.2. Mrs. Horenburger stated, with regard to Mr. Echols comment, that there has been no proposal made to the City. She stated if there -12- 8/11/87 was to be such a project she would not vote for it on that property. Several years ago there was a decision made to rezone the property from single family to SAD. She would be opposed to increasing densities beyond what they approved. She has told the people interested in pursuing this project not to and they have agreed. 29.a.3. Mrs. Horenburger stated she would like to ask the rest of the Commission what they think of the proposed local option sales tax. The County lobbied hard for this tax, particularly to address criminal justice needs. Governor Martinez placed it on a referendum; however, there is a time frame problem. It is her understanding that the County Administrator met last week with city managers in the county to discuss the options and it appears, at this point, that the County is going to seek a 1/4 cent sales tax increase. There was some discussion about a 1/2 cent sales tax which would be shared with the cities for capital im- provement projects. However, the time frame the County has to put this on the ballot for a referendum is very brief. The cities are going to have to decide whether they are going to support the County in their quest for the 1/4 cent on a fast track to get it done and get the criminal justice needs addressed or whether they want a part of the tax and will support the 1/2 cent. Her personal view is that the criminal justice needs are so great that they need to support the County in its quest for the 1/4 cent. She feels they should have a special meeting to discuss this and make a determination. Mayor Campbell requested that this item be placed on a workshop agenda as they have had no formal correspondence from the County. 29.a.4. Mrs. Horenburger stated she is tired of hearing the statements "you people" or "those people". She feels everyone has to work together to see the City go forward. If they have the kind of divisiveness which those kinds of statements make they are are all going to be in serious trouble. 29.a.5. Mrs. McCarty stated that she went through her first budget session last night and came away from it very optimistic as there was a consensus on the priorities of the Commission. The two top priorities are the crime and code enforcement issues. She hopes that they will take this a step further and look for a workable ordinance to help the code enforcement officials get the job done. 29.b. There were no Non-Agenda items by the City Attorney. 29.c.1. The City Manager stated he is very pleased that the Commission took the first step tonight in moving towards the expansion of City Hall. He feels it will really help the employees. 29.c.2. The City Manager stated he would like to echo Mrs. Horenburger's comment relative to everyone pulling together as he feels it is something which will be essential. 29.c.3. The City Manager read the following statement: "It has been most obvious for some time that you, the Mayor and some members of the City Commission, have been displeased with my performance as City Manager of Delray Beach. I too have been displeased with the situation from a professional City Manager's perspective, therefore, in order to enhance my professional and personal needs I feel it is in my best interests and those of my family that I resign as City Manager of Delray Beach. An official resignation will be provided you tonight. In order to eliminate any misunderstandings or potential conjecture by the City Commission, the Citizens of Delray Beach or members of the media as to the reasons for this resignation, let me emphatically reaffirm that is is due solely to my personal need to pursue my career in an atmosphere more conducive to professionalism in city government. With that in mind, it is with great pleasure that I announce to you that I have been offered and have happily accepted the position of City Manager of Fayetteville, Arkansas. Fayetteville is a progressive and growing community and is known nationwide as the home of the University of Arkansas. -13- 8/11/87 I would like to extend to the many citizens of Delray Beach those Commissioners who have extended their support, my sincere appreciation and thanks." Mayor Campbell stated this comes as a surprise this evening. He, personally, would like to wish him all the best in his career change and knows he will be very successful at it. Mr. Dougherty stated he is really sorry that the City Manager feels the need to resign at this time. He thought that they had begun to turn things around and was hoping that some of the things which had not been conducive to his better health and satisfaction were turned around. He is sorry to see him go and wishes him all the luck in the world. Mrs. Horenburger stated that the City Manager did not have a particularly happy time here in Delray Beach. They appreciate all the hard work he did do and wish him and his family all the best. Mayor Campbell declared the meeting adjourned at 9:55 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 August 11, 1987, which minutes were formally approved and adopted by the City Commission on~.~.~/ /F~~. 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- 8/11/87