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08-25-87 AUGUST 25, 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 7:04 P.M., Tuesday, August 25, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner Marie Horenburger Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Commissioner Jimmy Weather- spoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell read a proclamation proclaiming September 24th as "Integrity Day". 5. Mr. Dougherty requested that Items No. 14, 16, 18, 20 and 21 be moved to the Regular Agenda for discussion. 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARING 6. Ordinance No. 56-87 - Changing the City's Land Use Plan Desiq- nation (Professional Office Plaza for Acquilano) (City Initiated). 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 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. 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 T~E WEST SIDE OF SOUTH FEDERAL HIG~AY, BETWEEN S.E. 10TH STREET AND T~E DELRAY MALL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 56-87 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 De!ray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 56-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 7. 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 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. 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. (Copy of Ordinance No. 58-87 is on file in the official Ord- inance 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. 58-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 59-87 - Northwest Corner of Atlantic Avenue and Congress Avenue Rezoninq~. (Ci~.y 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 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. 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, 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, FLORI- DA, 1983". (Copy of Ordinance No. 59-87 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. 59-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -2- 8/25/87 9. 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 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. 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". (Copy of Ordinance No. 60-87 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. 60-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 63-87 - Changi~~ the City's Land Use Plan Desig- nation (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 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. 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 Ord- inance 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. Bruce Kaleita, a zoning attorney and former planning consultant representing the property owner, whose property is currently in litiga- tion, stated the current comprehensive plan was adopted in 1979, desig- nating the parcel of land in question as MF-15, allowing 15 units per acre under ideal conditions. Under the State Statutes, Chapter 163, the City is obliged to review and update this plan every five years and he has learned the City of Delray did not do this. He has reason to -3- 8/25/87 believe the property remains suitable for the original designation. The City denied the land use Mr. Rubin requested in November of 1986. In the following month the City did not adopt a final plan to re-designate this property and he feels it remains unnecessary. It was the opinion of the City's Planning expert and Stan Weedon, then Acting Planning Director, the zoning was consistent with the current comprehensive plan. A density of RM-6 was assigned to the property, imposing a cap of 6 units per acre on this site. He does not feel the City has produced evidence indicating there is a requirement that this property be desig- nated for a lower density. Mr. Rubin authorized him to approach the City with an offer to settle the litigation, and several documents have been presented to Staff and he would like the Commission to take this into consideration. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 63-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Mr. Dougherty requested that the Planning Director respond to questions raised and that the City Attorney respond with regard to the settlement offer. The City Attorney advised that comments and/or inquiries should be kept to a minimum since this is a matter in litigation. Mr. Kovacs stated the first time the item was before the Commission on August 11, 1987, the recommendation from the P&Z Board was to proceed with the Land Use Amendment as proposed. The land had previously been designated as MF-M by virtue of the County Pocket unincorporated study and was considered along with many parcels. It was inadvertently omitted from the enactment since annexation had occurred prior to the response from the State. Upon question, the City Attorney stated an offer to resolve the dispute was presented to him and there has been internal Staff discus- sion. Nothing the Commission does in enactment will prevent the settle- ment offer from going forward. It amounts to a change in the physical layout of the proposed project, because it will involve four townhouses and a single family unit. Mr. Kaleita stated that the parameters are rather than six units approved by the Commission in November of 1986, this offer has only five units. Mr. Rubin plans to use the oceanfront property for a personal single family residence. He has also requested a three-story height limitation, not the four story that is in litigation. Mrs. McCarty moved to postpone action on Ordinance No. 63-87, seconded by Mr. Weatherspoon. The City Attorney advised that in the Commission's considera- tion of the appropriateness of the Comprehensive Land Change, the terms and conditions of this settlement should not be an issue. Mayor Campbell stated that the fact that this has not been thoroughly discussed recently is not germane to the issue of what the appropriate land use designation is. He urged the Commission to look forward to a settlement. Mr. Kaleita stated that his client is extremely upset because of the fact that the Comprehensive Plan possibly would be adopted without consideration of a settlement. Mayor Campbell stated he feels Mr. Kaleita is out of line to bring this up, as he feels it is trying to tempt the Commission and instill some confusion into what should be a simple process of confirm- ing what this body has determined to be the appropriate Land Use Desig- nation. Mr. Weatherspoon stated that he does not see any urgency and sees no need for it to be passed tonight. -4- 8/25/87 The City Attorney suggested the maker of the motion amend it to include a specific date in order that it need not be advertised again. Mayor Campbell requested that Mr. Kovacs locate the minutes of the meeting where this item was discussed extensively, in order that Mrs. McCarty might have a better insight as to previous reviews and testimonies. Mrs. McCarty amended her motion to postpone Second and FINAL Reading of Ordinance No. 63-87 to 7:00 P.M., City Hall, Delray Beach, September 8, 1987; Mr. Weatherspoon amended his second. 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. 11. Ordinance No. 64-87 - Amending 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 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. 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. (Copy of Ordinance No. 64-87 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. 64-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 12. PUBLIC HEARING to Waive Code of Ordinances Relative to Open Burning. A Public Hearing has been scheduled at this time and the Commission is to consider a request from Ocean Properties, Ltd. to waive Section 16-14 "Open Burning" of the Code of Ordinances for the purpose of burning debris using the DER approved open pit method on a 25 acre parcel at the southeast corner of Linton Boulevard and 1-95. -5- 8/25/87 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 approval, seconded by Mrs. McCarty. Mr. Dougherty questioned if it will done in cooperation with the Fire Department. The City Attorney advised if the Commission agrees with the memorandum request, he suggests the motion be amended to include the conditions set forth in the Fire Chief's Memo of July 29, 1987, as follows: 1. The burning system must be located within 150 feet of a paved road. 2. The start-up process for the burning system must begin before sunrise to minimize the visual effects of initial smoke generation, unless otherwise prohibited by State Statute. 3. No burning may continue after sunset. 4. The Fire Department would have the authority to order the cessation of all operations at any time due to wind, weather or other adverse conditions. 5. The contractor shall provide competent staff on the scene at all times to facilitate the requirements of the Fire Department. The site shall never be unattended while burning is in progress. 6. All burning system equipment shall be in good condition and repair at all times to maintain combustion efficien- cy. 7. The burning pit shall not be raked or cleaned of ash when wind conditions would distribute the ash over any devel- oped area. Mr. Dougherty amended his motion to include the conditions, Mrs. McCarty amended her second. 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: Mr. Weatherspoon stated he is not familiar with the DER open pit method. Mayor Campbell stated they dig a pit and this is a smoke- less type of burning due to the high intensity. Thomas McMurrain, Vice President of Ocean Properties, Ltd., stated that the plan is that the six-acre portion that is being cleared will be seeded and mulched. Mr. Weatherspoon stated that since they have been generous enough to allow this parcel to be burned rather than requiring them to have it disposed of by the conventional method, at a substantial cost, he feels there should be some compensation made in the form of beautifi- cation. Mayor Campbell stated they will be returning with a site plan modification and suggested Mr. Weatherspoon be contacted in regard to specific items he may have in mind. At this point the roll was called to the motion. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 13. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of August 10, 1987. The Commission is to consider ratification of SCRWTD Board action on the following: a. Approval of Operating Budget for Fiscal Year 1987/88 in -6- 8/25/87 the amount of $2,293,430. b. Approval of Capital Expenditures for Fiscal Year 1987/88 in the amount of $14,325. c. Approval of an increase in the Wholesale Sewage User Charge to $.5755 per thousand gallons. This was approved 7-1 by the SCRWTD Board. 15. Construction of Racquetball Courts at Pompey Park. The Commis- sion is to consider award of contract to the low bidder, Norene Con- struction, in the amount of $24,635, with funds to come from the 1986/87 budget. Approval is recommended. 19. Acting CitY Manager. The Commission is to consider the ap- pointment of Robert A. Barcinski as Acting City Manager, effective September 9, 1987. 22. Nuisance Abatement. Resolution No. 31-87, assessing cost in the amount of $1754.50 for abatement action regarding demolition of an unsafe building located at 118 N. W. llth Avenue, is before the Commis- sion for consideration. The caption of Resolution No. 31-87 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. 31-87 is on file in the official Resolution Book) 23. Pro-rata Share of County Emergency Medical Service ..Surcharge Award Program Funds. Resolution No. 32-87, requesting a pro-rata share of funds in the amount of $6,506 to purchase cardiac pacing equipment for the Fire Department, is before the Commission for consideration. The caption of Resolution No. 32-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. (Copy of Resolution No. 32-87 is on file in the official Resolution Book) 24. Relocation Policy - City Initiated Acquisitions. The Commis- sion is to consider the adoption of policy as per staff recommendation of August 18th, amended by the Commission. Approval is recommended. 25. Property for Expansion of Water Treatment Plant. Resolution No. 33-87, authorizing acquisition of nine lots for proposed expansion of the Water Treatment Plant, is before the Commission for considera- tion. The caption of Resolution No. 33-87 is as follows: 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, NICHOL'S SECOND ADDITION TO DELRAY BEACH, AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 70, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA, FOR THE PUBLIC PURPOSE OF THE EXPANSION AND IMPROVEMENT OF -7- 8/25/87 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 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. (Copy of Resolution No. 33-87 is on file in the official Resolution Book) Mr. Weatherspoon moved for the 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. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA General Administration, Finance and Personnel 14. Construction of Two Lifeguard Towers and Reroofing of Three Existing Towers. The Commission is to consider an award of contract to the low bidder, Henry Haywood, Inc. in the amount of $14,660, with funds to come from the 1986/87 budget. Approval is recommended. Mayor Campbell left the Commission Chambers at this time and Deputy Vice-Mayor Weatherspoon took the chair. Mr. Dougherty questioned if the roofs to be repaired were on the new towers. Mr. Weldon stated that they were and the architect had specified roofing material that was not of the highest grade. The contract was for such a small amount that bonding was not required. Plans are to replace two more towers this year and three shortly after the first of the year and the project will be complete. Mr. Dougherty stated the bond requirements have been waived in the past and he feels this should be a signal that a small deposit could be held to take care of situations like this. Mr. Dougherty moved to award the contract, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 16. Renewal of Banking Services Agreement. The Commission is to consider the award of a three year banking services agreement between the City and Barnett Bank, subject to negotiations and City Attorney approval of contract. Approval is recommended. Mayor Campbell returned to the Commission Chambers at this time. Mr. Dougherty questioned the justification of the selection of the Barnett Bank over the other bank proposals. Mr. Huddleston, Finance Director, stated that with regard to cost, based on all items, Barnett was the lowest. Mr. Huddleston gave a detailed explanation of the procedures involved and the reasons for making the choice. Mr. Weatherspoon stated that in the packet he found no indi- cation of their assistance to minority businesses, housing and different types of loans. With the business the City will extend to them, he feels there should be some benefit in those areas. Mr. Dougherty moved to award the contract between the City and Barnett Bank, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. 8 8/25/87 Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 18. Ratification of Agreement with the Town of Gulfstream for Dispatch Service. The Commission is to consider ratification of an agreement with the Town of Gulfstream for Dispatch Service. Approval is recommended. Mr. Dougherty questioned if the contract with Gulfstream reflects the increase of some of the service charges that were approved in the recent budget. The City Attorney advised that it does not. The City Manager stated previously there was never a contract. The contract was with Gulfstream and CDC. The Police Department and the Finance Department attempted to arrive at a figure they feel could be justified, at just under $20,000. The City is dispatching for Gulf- stream as they have no ability to obtain a frequency of their own. At this point there is no way of knowing how many calls will be dispatched and what the cost is going to be. Mayor Campbell stated that he feels there is an obligation for inter-governmental cooperation and there is no jeopardy involved in ratifying the agreement. The City Attorney advised that the contract expires in June of 1988 prior to the end of the fiscal year. If it is learned the City has lost money during that time, Staff can be directed to negotiate an increased fee for the first three months of the next one-year agreement. That will recoup the loss and the contract will continue with the new figure. They will be so advised by letter with the understanding it will not be renewed unless the loss is returned. Mr. Dougherty moved to approve ratification of the agreement, subject to the conditions, seconded 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. 20. Lighting for Shuffleboard Courts - Adult Center at Veteran's Park. The Commission is to consider award of contract to the only bidder, Ledbetter Electric, for replacement lighting in the amount of $15,121.65, with funds to come from the 1986/87 budget. Approval is recommended. Mr. Dougherty questioned if the courts are used that much at night to warrant the cost of replacing them. Mr. Weldon stated they were used regularly when they were in good repair, but they have been inoperable for two or three years. The Shuffle Board Association is very interested in seeing the installation of the new lights. The City Manager stated that Mr. Weldon has been with the City for the past eighteen months and during that period he has instituted a maintenance program that did not previously exist. Most of the park facilities were in bad shape. Mr. Dougherty moved to award the contract, seconded 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. 21. Disc Chipper - parks & Recreation Department. The Commission 'is to consider award of contract to Asplundh for a Bush Bandit disc chipper in the amount of $12,240, with funds to come from the 1986/87 budget. Approval is recommended. Mr. Dougherty stated the contract is being awarded to the second bidder instead of the low bidder and the memorandum states both pieces of equipment are excellent and meet specifications. He questioned why it was not given to the low bidder. Mr. Weldon explained that any equipment purchase is referred to Staff people and the City's technical people. The garage superintendent -9- 8/25/87 stated that for a small amount, he feels the chipper from Asplundh is a better piece of equipment from a maintenance point of view. Mrs. McCarty moved to award the contract, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 26. Wrecker/Towing Services. The Commission is to consider award of contract to the low bidder, Accel Towing and Recovery. The City Manager stated this is a continuation of action requested several months ago by the Commission. Bob Ferrell, 3505 Diane Drive, Boynton Beach, representing Zuccala's Towing Service, asked the Commission to consider a contin- uation until the next workshop meeting. Mr. Zuccala was told this item would appear on a workshop prior to being presented at a regular meeting and is not in the area at this time. Mr. Dougherty stated that when this was previously presented, the specifications at that time did not define the basis on which the award was to be made. He does not feel this is clearly defined in the memo. Mrs. McCarty stated that, since there was a misunderstanding, she feels the Commission should extend Mr. Zuccala the courtesy of allowing him to be present during discussion. The Commission concurred. A representative for Accel Towing stated he had previously requested that the Commission become knowledgeable on the issues. Based on the reality of the procedure in De!ray and the resulting computa- tions, Accel Towing, along with all other bidders, readjusted their bid accordingly and once again is the low bidder. He does not understand the delay. The City Manager stated that he will instruct Mr. Huddleston to send his financial analyst to the purchasing office to compile the figures and give them to the the Commission. Mayor Campbell stated the item will be moved to the Workshop of September 15, 1987. 27. Appointment - Board of Adjustment. The Commission is to consider an appointment of an alternate member to the Board of Adjust- ment to a term ending March 15, 1988. Mayor Campbell stated he has received no memo relative to this and is recommending that this item be postponed to the next regular meeting with a request for resumes prior to that time. 28. Appointments - Community Appearance Board. The Commission is to consider appointments of three regular members to the CAB to terms ending August 25, 1989. Mayor Campbell stated he has three resumes and is recommending this item be postponed in order to allow the Commission to review them along with any others that may be forthcoming, make copies and distrib- ute them to the Commission for appropriate consideration. Mr. Dougherty stated he understood that the Chairperson of each committee was to submit a recommendation. Mayor Campbell stated that on occasion the Chairperson of each committee has submitted recommendations but this is not the regular procedure. If the Commission would like to have this placed on the workshop Tuesday for discussion to adopt a rule of procedure, this can be done. The City Attorney advised that terms have expired for three of the five members and may cause a postponement of meetings until -10- 8/25/87 appointments are made. The memorandum from the CAB indicates that two of the three members eligible have expressed a desire for reappointment. Mr. Dougherty moved to reappoint Elaine Roberts and William Wilsher, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 29. Ordinance No. 65-87 - Amending Code - Compensation for Mayor ahd Councilmembers. Ordinance No. 65-87, amending Chapter 2 "Adminis- tration'' of the Code of Ordinances relative to increase in compensation for Mayor and Councilmembers, effective March 31, 1988, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 8th. The City Manager presented Ordinance No. 65-87: 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 AMENDING SECTION 2-1, "COMPENSATION OF COUNCILMEMBER AND MAYOR", TO PROVIDE THAT EACH COUNCIL- MEMBER'S SALARY AND THE MAYOR'S SALARY MAY BE INCREASED ANNUALLY THROUGH CERTAIN COST OF LIVING INCREASES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 65-87 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. Before roll call the following discussion was had: Mr. Dougherty suggested this be done biannually which will be consistent with the election of members. He has received adverse comments from citizens. Upon question, the City Attorney advised this will permit the Commission to adopt it yearly, but will not be necessary. It can be revisited in the August budget discussion each year. If it is a politi- cal issue, the same two or three seats will address it each time. If the consensus is not to do this annually, he suggests they go to a three year time frame. At this point the roll was called to the motion. Planning, Development and Engineering 30. Site Plan Approval - Professional Design Center. The Commis- sion is to consider a request for site plan approval for a proposed 10,300 square foot office/residential development in a four-story structure, located at the northeast corner of S. E. 6th Avenue and S. E. 9th Court. The first through third floors are planned for business offices and the fourth floor for two apartments. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: ASSESSMENT AND CONCLUSION: 1. Show location and plat reference (name, book and page) of adjacent properties. 2. Provide additional topographical information on survey per direction of the City's Engineering Department so that existing and future grades on site can be adequately evaluated. 3. The six inch (6") non-mountable curb must be correctly labeled. -11- 8/25/87 4. The trees adjacent to the driveways must be maintained at a clear trunk from 3 to 6 feet. 5. The five (5) foot backout area on the northern driveway must be curbed with six (6) inch non-mountable curb. 6. The proposed sidewalk along S. E. 9th Court must be clearly identified on the site plan. 7. Specify the square footage and number of bedrooms in each apartment. 8. A replat or Unity of Title is required prior to the issuance of building permits. 9. All improvements shall be completed in accordance with the approved site plan. 10. This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of improvements are made by that time. If the approval expires, request for extension must be made in accordance with Section 30-22(E) of the Zoning Code. Mayor Campbell stated that since this abuts a single family home development and is a high-rise office tower, he feels that an impervious tree line separating the two projects should be such that the trees will grow to a height equal to the building height. Digby Bridges, Architect, representing the applicant, stated they have attended a homeowners' meeting and they want exactly what they have now. There is a six-foot wall and they plan to plant Areca Palms to match what is currently there. There will be Mahogany trees at the back that will grow to a height of 30 to 40 feet. Mr. Dougherty moved for approval of the site plan subject to the comments of Staff and the representations of the applicant, seconded 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. 31. Ordinance No. 48-87 - Linpro Company Rezpning. Ordinance No. 48-87, relative to rezoning a 6.78-acre parcel from LI (Light Industri- al) District to MIC (Mixed Industrial and Commercial) District, located at the northeast corner of Congress Avenue and Lowson Boulevard/S. W. 10th Street, is before the Commission for consideration on First Read- ing. If passed, Public Hearing will be held September 8th. The City Manager presented Ordinance No. 48-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT IN MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT A TRACT OF LAND LYING IN THE EAST ONE-HALF (E 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF CONGRESS AVENUE AND LOWSON BOULEVARD/S.W. 10TH STREET, DELRAY BEACH, FLORIDA, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney advised this is an ordinance that the Commis- sion has previously adopted on First and Second Readings and which was agreed upon to reconsider the Second Reading when the MIC zoning amend- ments had been adopted. This could have been back on for Second Reading tonight but in some confusion, it was not and has not been advertised. It will go for Second Reading on September 8th. The Commission may make a motion to ratify the adoption of Ordinance No. 48-87 on First Reading. Mr. Weatherspoon moved to ratify the adoption of Ordinance No. 48-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 32. Ordinance. No..6.6-.87 - .Amending Code - Flood Hazards. Ordinance No. 66-87, amending Chapter '29 "Buildings and Construction" of the Code -12- 8/25/87 of Ordinances relative to flood hazards, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 8th. The City Manager presented Ordinance No. 66-87: 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 AMENDING ARTICLE XII, "FLOOD HAZARDS", SECTION 9-416, "DEFINITIONS", TO ADD AND REVISE CERTAIN DEFINITIONS IN ACCORDANCE WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY; BY AMENDING SECTION 9-436, "PERMIT PROCEDURES", TO PROVIDE FOR A CONSTRUCTION STAGE IN THE PERMIT PROCEDURE; BY AMENDING SECTION 9-437, "VARIANCE PROCEDURES", TO PROVIDE VARIANCE PROCEDURES FOR A HISTORICAL BUILDING; BY ENACTING A NEW SECTION 9-438, "PENALTIES OF VIOLATION", TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; BY AMENDING SECTION 9-448, "GENERAL STANDARDS", TO CORRECT TYPOGRAPHICAL ERRORS AND TO ESTABLISH STANDARDS FOR MANUFACTURED HOMES, SERVICE FACILITIES, AND NEW AND REPLACEMENT WATER SUPPLY SYSTEMS; BY AMENDING SECTION 9-449(D) (11), "COASTAL HIGH HAZARD AREAS (V ZONES)", TO PROHIBIT THE PLACEMENT OF MANUFAC- TURED HOMES WITH CERTAIN EXCEPTIONS; 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. 66-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Public Utilities 33. Ordinance No. 67-87 - Amending Code - Industrial Waste and Pretreatment. Ordinanc~ No. 67-87, amending Chapter 29 "Water and Sewers" of the Code of Ordinances to provide for regulation for indus- trial waste and pretreatment - modifies certain selected parameters, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 8th. The City Manager presented Ordinance No. 67-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "SEWERS AND SEWAGE DISPOSAL", DIVISION 3, "INDUSTRIAL AND COMMERCIAL WASTE", SECTION 29-86, "CRITERIA FOR WASTES DISCHARGED TO PUBLIC SEWERS", PARAGRAPHS (c) (2) AND (7), TO CHANGE THE LIMITS FOR ANY WASTE CONTAINING TOXIC SUBSTANCES TO MEET WITH THE STANDARDS SET FORTH BY THE ENVIRONMENTAL PROTECTION AGENCY; 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. 67-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commission . voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PROCEDURAL ITEMS 34.1. Trish Brainard, 2665 Jaeger Drive, President of the Tropic Palms Homeowners' Association, stated she is officially placing a copy of their petition on file with the Commission relative to the Del Mar -13- 8/25/87 Apartment complex. She will be returning on September 8th at the Regular Meeting in anticipation of action by the Commission. 34.2. Helen Coopersmith, 1222 South Drive Way, a member of PROD, stated she would like to go on record as stating that she is weary of hearing remarks such as one made last night in reference to newcomers in the City. She feels it makes no difference how long a citizen has been a resident of the City, if they are genuinely concerned about what hap- pens. They, too, are taxpayers and it is a credit to the City to have newcomers that take an interest, become involved and care about the quality of life in Delray. She feels these negative remarks must stop. 35. Mr. Weatherspoon moved to approve the minutes of the Regular Meeting of August 11, 1987 and the Special Meeting of August 4, 1987, seconded by Mr. Dougherty. 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. 36.a.1. Mr. Weatherspoon stated that, with regard to the request for a contribution of $250 to the South Florida Science Museum, he feels if it falls within the one percent guideline the Commission adopted, that it is a worthy cause. Mrs. McCarty questioned if this guideline was to be limited to emergency civic type situations rather than things that may recur on a yearly basis and need to be budgeted for. Mr. Dougherty stated that he is favorable if it is in the one percent policy. The City Manager stated it might help if the Commission could learn how many people are being served and what type of programs are being offered. The City Attorney stated it houses the only planetarium in the area. The Commission concurred in allowing the contribution. 36.a.2. Mr. Weatherspoon questioned the status of the parking lot on N. W. 5th Avenue. The City Attorney advised the contractor has submitted his bid and insurance. There was a technical problem with the legal description on the deed; that has been resolved and the work will probably begin next week. 36.a.3. Mr. Weatherspoon stated that the information received from the School Board is inconclusive in the sense that data relative to the percentages before and after the new boundary changes is insufficient. In addition, a projection of the student mix is needed for next year if the proposed new schools are approved. At that time a workshop could be planned to discuss any negative or positive ramifications. The City Manager stated the School Board has submitted the information they had available, but an update can be requested. Mr. Weatherspoon stated that the information in his packet should be made available to all members of the Commission. Mayor Campbell requested Staff to obtain the updated informa- tion, if it is available. 36.a.4. Mrs. McCarty stated that with regard to inter-governmental affairs, she is requesting that Kathy Daley give a report and an update on a semi-regular basis. The City Manager stated if the Commission would like they can be given copies of each department's monthly report or feel free to look at them at their convenience. -14- 8/25/87 Mayor Campbell stated that Mrs. McCarty would like a copy of the monthly reports. 36.a.5. Mrs. McCarty stated that some time ago the Commission received a letter from The Citizens for Seven County Commissioners requesting support of the movement. She would like this item placed on an upcoming workshop for discussion. The Commission concurred. Mayor Campbell stated that he would be reluctant to take an official stand on this. 36.a.6. Mr. Dougherty stated he would like to return to the Sales Tax issue, with regard to 1/4, 1/2 or 3/4 cent. Mayor Campbell reminded him the Commission had previously voted for the 1/2 cent increase. He requested the minutes be reviewed and if they reflect some indecision, the item will be placed back on the workshop. The City Manager stated the communication would be submitted to the County and a list of projects must be prepared with regard to what it will be used for. 36.a.7o Mr. Dougherty stated he wants to raise the issue regarding the selection of the consultant for finding a new City Manager. Two names had been submitted the last time this was discussed and he has no problem with either. The City Manager stated other names have been added to the list. Mayor Campbell questioned if Staff could have the information to the Commission prior to Tuesday, a Special Meeting could be held before the Workshop. The Commission concurred. Upon question, the City Attorney advised there is no competi- tive bidding in this situation. A selection could be made and Staff directed to negotiate a contract which would be returned for appropri- ateness of the fee. Mr. Dougherty questioned if the Special Meeting could also be used for the Waste Management contract, rather than have another on Thursday. The City Manager advised it would be scheduled for next Tuesday. 36.a.8. Mr. Dougherty questioned if the Commission should reconsider the "Use it or Lose it" issue after the meeting last night on the Alfiere-Pugliese property. Mrs. McCarty stated that she feels the issue last night had nothing to do with "Use it or Lose it", but rather that of improper zoning originally. Mayor Campbell requested that someone call Mrs. Horenburger and if she is so inclined, it will be discussed again. 36.a.9. Mr. Dougherty stated there seems to be some misunderstanding why the Chamberlain Property is being heard again next Thursday at the County level. It is his understanding that everyone agreed that there was a dual jurisdiction because that portion of Dixie Highway had not been abandoned by the City and there is no Water Agreement. One comment made was that the City was not represented at the last meeting. He would like the Commission to give some direction to a specific person or persons to attend that meeting and present the official position of the City of Delray. Mayor Campbell stated that Mr. Kovacs is going to attend that meeting and if anyone wants to go, they should refresh their memory with the official position of the City as it was discussed previously and try to echo what the City's official position is. -15- 8/25/87 The City Attorney advised that it is on the agenda because the County Attorney believed the County postponed it and needed to dispose of it one way or another. He, Mr. Kovacs, the Planning Director from the County and the County Attorney attended a meeting, at which time they convinced them of the correctness of the arguments. He was told that, as to the two parcels involved, they are going to recommend that the County does not have jurisdiction over the northern one involving the strip. On the second parcel, the City has recommended to the County that it is inappropriate for them to consider it without deferring to the City for a Water Service issue. The County Health Department notified them by letter that water was available, and Staff feels in a bind by not considering it; however, the County Health Department is wrong. Since they do not have water service and they need to come to the City of Delray to obtain it, the County should not consider that parcel, but defer to the City. Mr. Kovacs has agreed to go and state the City's position, but it may take the support of the Commission to convince them that neither parcel should be considered. Upon question, the City Attorney advised they will have a pretty site plan for which they cannot obtain permits, because they do not have water. The City will not allow them to have water until they sign a Water Service Agreement. As in the past, that will not happen until they comply with the Landscaping and Site Plan procedures. The Water Service Agreement also contains an annexation agreement. 36.a.10. Mr. Dougherty stated that a citizen from south Delray contacted him regarding a survey of the air pollution problem on South Federal Highway. The testing of cars, repair shops and the heavy traffic in that area prompted the request. He questioned if it is the consensus of the Commission to contact the Department of Health to learn if they have the means to accomplish this. The City Attorney stated that The Environmental Control Office of the County has also been very cooperative. He would recommend the City make an initial request with them. The Commission concurred. 36.a.11. Mr. Dougherty stated the Executive Director of the Waste Water Authority is leaving and he feels the City should be considering the type of person for replacement. Mayor Campbell suggested that if there is not an upcoming Board meeting, the City should call the Sewer Board and schedule a meeting to discuss a replacement for the position. It can be placed on a Workshop and a framework drawn up for future discussion. The Commission con- curred. 36.a.12. Mayor Campbell stated the County Commission recently turned down the City's request for Lake Ida Road. This was a great concern, especially for the residents of the northwest section, and he feels the City's position needs to be reiterated again. He suggested placing it on a County Commission Workshop to emphasize what this will mean to the community and that more serious consideration is expected. The Commis- sion concurred. 36.b. There were no Non-Agenda Items from the City Attorney. 36.c.1. The City Manager stated that the City Attorney needs money to rent office space from Mr. Blair, as there was none budgeted for this fiscal year. The money will be transferred from the Contingency Fund of the City Manager. 36.c.2. The City Manager stated that he received a letter from the Senior Girl Scout Troop ~241. They are requesting permission to set up a booth under the City's safety guidelines to sell soda on the beach during the Labor Day weekend festivities. The proceeds are to go toward expenses to attend the Tri-Annual National Convention of Girl Scouts in Portland, Oregon in October. They have previously received permission from Andre Fladell, who is coordinating the activities. The City Attorney advised since they are having this in the vicinity of the Municipal Beach, they will need Commission approval. If -16- 8/25/87 the Commission is in favor this item should be voted on tonight declar- ing it an emergency item in order to get the advertising in on time. Mr. Weatherspoon moved to declare an emergency and grant permission for the sale of soda, 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 declared the meeting adjourned at 9:30 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 25, 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. -17- 8/25/87