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09-08-87 SEPTEMBER 8, 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 7:10 P.M., Tuesday, September 8, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Acting City Manager Robert A. Barcinski and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Commissioner Jimmy Weatherspoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a. Mayor Campbell presented a proclamation proclaiming September 16, 1987, as "Celebration of Citizenship Day". 4.b. Mayor Campbell presented a proclamation proclaiming the week of September 17-23, 1987, as "Constitution Week". Mayor Campbell stated that they have some visitors this evening from Boy Scout Troop 301. This is one of two troops in Delray who use the Scout Hut. They are attending the meeting tonight as a requirement for Eagle Scout Rank. 5. The City Attorney advised that the Commission has been fur- nished an addendum to the agenda adding items 6.a. and 42.a. Mrs. Horenburger requested that Item 13 be removed from the Consent Agenda and placed on the Regular Agenda. The Acting City Manager advised that staff is recommending this item be postponed. Mr. Dougherty requested that Item 15 be removed from the Consent Agenda and placed on the Regular Agenda. The City Attorney advised that they have received a request from the applicant to remove Item 30. Mayor Campbell requested that Item 20 be removed from the Consent Agenda and placed on the Regular Agenda. Mr. Weatherspoon requested that Item 21 be removed from the Consent Agenda and placed on the Regular Agenda. Mayor Camp- bell stated he would like to move Item 42 to the beginning of the Regular Agenda. Mrs. Horenburger moved to approve the agenda with the removal of Item 13, Items 15, 20, and 21 placed on the Regular Agenda, Item 30 deleted, Item 42 moved to the beginning of the Regular Agenda and adding the additional addendum, Items 6.a. and 42.a., seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. BUDGET CONSIDERATION 6. Tentatively Levying of Tax Rate. Resolution No. 34-87, rela- tive to tentatively levying a tax on all properties within the City of Delray Beach, is before the Commission for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Resolution No. 34-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPER- TIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 34-87 is on file in the official Resolution Book) The City Attorney read the entire Resolution. 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 Resolution No. 34-87, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 6.a. A Public Hearing on the Federal Revenue Sharing has been scheduled to be held at this time. David Huddleston, Finance Director, stated for the proposed budget year they are anticipating using $20,000 from the Federal Revenue Sharing fund balance, which should deplete those funds. They do not anticipate receiving any additional Federal Revenue Sharing funds; however, in Resolution No. 35-87 they are providing for the transferring of $20,000 into the General Fund. Those monies are to fund a portion of an additional police officer. 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. 7. Tentatively Levying Appropriations for the 1987/88 Budget. Resolution No. 35-87, relative to making tentative appropriations of sums of money for all necessary expenditures of the City from October 1, 1987 to September 30, 1988, is before the Commission for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Resolution No. 35-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1987, TO THE 30TH DAY OF SEPTEMBER 1988; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 35-87 is on file in the official Resolution Book) The City Attorney read the caption of the Resolution. 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 Resolution No. 35-87, 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. -2- 9/8/87 PUBLIC HEARING 8. Ordinance No. 48-87 - Linpro Company Rezoning. 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 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". (Copy of Ordinance No. 48-87 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. Sam Schwimer, 1061 Orange Terrace, stated he has spoken on this item before and among the questions raised at that time was what use could be made of this property if they objected to the proposed use and the present use. The parcel is currently zoned light industrial and they are proposing mixed industrial and commercial; neither is satisfac- tory. This past week, Boca Raton appropriated $15 million to buy park land for the residents. He feels the parcel under consideration would be an ideal place to put the City's tennis courts. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 48-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 63-87 - Changing 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. The Second Reading was postponed from the August 25th meeting. The City Attorney advised that this item was scheduled at the last Commission meeting and the public hearing was closed. Therefore, there is no need to have another public hearing as it was postponed to this date and time certain for second and final reading. The Acting 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 -3- 9/8/87 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. Mrs. Horenburger moved for the adoption of Ordinance No. 63-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Dougherty, Mr. Kovacs, Planning Director, stated on the property to the north of this parcel there is one unit per acre, on the Rubin property it is 5.4 units per acre, to the south of that it is 8.7 units per acre, then 19 units per acre, and 27 units per acre. Mrs. Horenburger stated they have discussed this numerous times and it is clear that to the north there are single family and multi- family homes; the feeling was that they wanted to be able to graduate the density. There was a concern about the height, not so much the number of units. At this point the roll was called to the motion. Mrs. Horenburger left the Commission Chambers at this time. 10. Ordinance No. 65-87 - Amending Code - Compensation for Mayor and 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 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. (Copy of Ordinance No. 65-87 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. 65-87 on Second and FINAL Reading, seconded by Mrs. McCarty. 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. 11. Ordinance No. 66-87 - Amending Code - Flood Hazards. Ordinance No. 66-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to flood hazards, is before the Commission for -4- 9/8/87 consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 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 MANU- FACTURED HOMES WITH CERTAIN EXCEPTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 66-87 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. 66-87 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. Ordinance No. 67-87 - Amending Code - Industrial Waste and Pretreatment. Ordinance 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 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. (Copy of Ordinance No. 67-87 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. -5- 9/8/87 Mr. Dougherty moved for the adoption of Ordinance No. 67-87 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. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 14. Acceptance of Right-of-Way Deed for Delray Beach Motors Addi- tion (AMC Jeep/Renault). The Commission is to consider a request for acceptance of a right-of-way deed for Delray Beach Motors Addition (AMC Jeep/Renault), located at the northwest corner of S.E. 5th Avenue and S.E. 7th Street. The Planning and Zoning Board and Planning Director recommend approval. 16. Germantown Water Transmission Main. The Commission is to consider award of a contract to the low bidder, Jobear, Inc., for Germantown Water Transmission Main in the amount of $392,527, with funds to come from the Water and Sewer Fund balance. Approval is recommended. 17. Requisition No. 23 - S.G. Phillips Constructors of Florida, Inc. The Commission is to consider authorizing payment of Requisition No. 23 in the amount of $37,500 for Regional Wastewater Plant Expansion. Approval is recommended. 18. Final Plat Approval - Lakeview Phase II. The Commission is to consider a request for final plat approval for Lakeview Phase II, a proposed 18 lot, single family subdivision, located on the west side of Dover Road, between Linton Boulevard and Sherwood Boulevard. The Planning and Zoning Board and Planning Director recommend approval. 19. Abandonment of Easements and Right-of-Way Within Amended Plat of Delray Mall. Resolution No. 37-87, abandoning certain easements and the right-of-way for Miami Boulevard lying within the Amended Plat of Delray Mall, located at the northwest corner of Linton Boulevard and U.S. Highway No. 1, is before the Commission for consideration. The caption of Resolution No. 37-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN EASEMENTS AND THE RIGHT-OF-WAY FOR MIAMI BOULEVARD LYING WITHIN THE AMENDED PLAT OF DELRAY MALL, AS RECORDED IN PLAT BOOK 31, PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 37-87 is on file in the official Resolution Book) 22. Nuisance Abatement. Resolution No. 36-87, assessing costs of abating nuisances in accordance with Section 13-13 on 52 parcels, is before the Commission for consideration. The caption of Resolution No. 36-87 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. -6- 9/8/87 (Copy of Resolution No. 36-87 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA Mrs. Horenburger returned to the Commission Chambers at this time. Mayor Campbell left the Commission Chambers and Vice-Mayor Horenburger took the chair. 15. Renovation of the Community Center. The Commission is to consider award of a contract to the low bidder, Douma Contractors, for renovation of the Community Center in the amount of $81,720, with funds to come from the 1986/87 budget. Approval is recommended. Mr. Dougherty stated he noticed the low bidder offered no alternative, whereas, the other bidders offered as many as three. He questioned why they had the alternatives and did the low bidder then create an informality by not bidding on them. Joe Weldon, Director of Parks and Recreation, stated he does not think so. Normally, they let the bidders bid alternates if they wish to. They do this to encourage ideas by the contractors which staff may have not thought of. Upon question by Mr. Weatherspoon, Mr. Weldon stated it is not uncommon to see a big difference in the bid prices. They spoke to Douma Contractors and they felt comfortable with their figures. Mr. Dougherty moved to award a contract to the low bidder, Douma Contractors, in the amount of $81,720, with funds to come from the 1986/87 budget, seconded by Mr. Weatherspoon. 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. Replat of Delray Mall - Final Plat. The Commission is to consider a request for final plat approval for a replat of Delray Mall, an approved commercial development, located at the northwest corner of Linton Boulevard and U.S. Highway No. 1. The Planning and Zoning Board and Planning Director recommend approval. Vice-Mayor Horenburger stated that Mrs. Davila, City Horticul- turist, sent a letter to the Delray Mall regarding some concerns which should be addressed. She would like this to be on record that there is a letter forthcoming. Mr. Weatherspoon moved for final plat approval for Replat of Delray Mall, subject to Mrs. Davila's letter, seconded by Mrs. McCarty. Mr. Dougherty questioned what the letter was about. Vice-Mayor Horenburger stated she has not seen it; however, she understands there were some minor technicalities with regard to landscaping, etc. They do not necessarily have to make this item subject to the letter; they just need to have it on record that a letter was sent. Mr. Weatherspoon withdrew his motion. Mrs. McCarty withdrew her second. Mr. Weatherspoon moved for final plat approval for Replat of Delray Mall, 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- 9/8/87 21. Circus. The Commission is to consider a request for waiver by the Exchange Club of Delray Beach for approval of a circus to be held at the new County Courthouse site, located in the 300 block of West Atlantic Avenue on Saturday, October 31st. Mayor Campbell returned to the Commission Chambers at this time. Mr. Weatherspoon questioned if this waiver should also be subject to the organizers getting approval from the County. The City Attorney advised the County does not technically own the property yet; however, it could be the County's by the time the circus takes place. The Acting City Manager advised he had contact today with Commissioner Elmquist who stated the County Commission would approve this subject to the Exchange Club meeting the insurance requirements. A member of the Exchange Club advised he was assured that a copy of the insurance would be available tomorrow morning. Mrs. Horenburger moved to approve the waiver, subject to the proper insurance, and to make an emergency declaration, 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. 42. Settlement Offer - Richard and Ann Rubin vs City of Delray Beach. The Commission is to consider a settlement offer in the case of Rubin vs City of Delray Beach. Assistant City Attorney Ruby advised that Bruce Kaleita, attorney for Mr. Rubin, has proposed a settlement offer. Essentially, the offer is a reduction in density from the cap of six units per acre, which was assigned to the property when it was zoned, to five units, four being townhouse units and one single family home. There are also some concessions with regard to having the height 30 feet. Mrs. Ruby advised, for the record, that they will be discussing a settlement offer of a matter in litigation, and, therefore, anything said here tonight would not be admissible in the lawsuit. Bruce Kaleita, representing Mr. Rubin, furnished the Commission with a package showing the proposed use of the property. He stated one of the drawings shows an elevation from the west showing the property in question, the single family home to the north, the Horizon two-story building to the south, the Hamilton House and the Banyan House. The elevation indicates the prevailing heights of structures in the vicini- ty. The second drawing shows a reduction of the proposed site plan. The original plan submitted called for 12 units per acre in a four story building and was unacceptable to the City. The zoning which was ulti- mately assigned allowed six units per acre with a two story building. The new plan proposes a maximum of five units; one single family home and four townhouses. The difference between this design and the one the Commission limited them to in the RM-6 is that they are seeking a 30 foot height limitation. This is a few feet taller than the two-story limitation on building height. They are also suggesting that all of the homes be part of a homeowners association, that they maintain the land and they share access to the beach. They feel with this plan they can achieve the objectives the City has for the property. The settlement offer is to limit the development of the property to the site plan before the Commission and to a 30 foot height limitation from finish grade. Upon question by Mayor Campbell as to whether or not there are any legal hindrances to entering into such an agreement with the plain- tiffs, Mrs. Ruby advised there are not. This settlement is identifying the number of units and the maximum height allowed; it is not a site plan review. Mayor Campbell questioned where they would stand if they agreed to five units with a maximum height of 30 feet, the applicant went through the site plan process and the P&Z Board made some altera- tions. Mrs. Ruby stated that this settlement would be binding on the -8- 9/8/87 City as well as Mr. Rubin and it would be a breach of the settlement agreement if they changed anything. Upon question by Mrs. McCarty, Mr. Kaleita stated they are requesting that the height be 30 feet from finish grade. Mayor Campbell stated he would like to refine this to state that no unit shall exceed 30 feet so that one unit is not higher than another. Mr. Kaleita stated he feels that that is a good clarification. Richard Rubin, 1325 South Ocean Boulevard, stated the proposed buildings would be approximately five feet more than what is presently there. Mr. Noe, 1105 South Ocean Boulevard, stated the additional five feet is not anything of consequence. However, if you project it over the depth of the lot it represents a considerable structure of consider- able height. Pauline Noe, 1105 South Ocean Boulevard, stated she feels that one building should be adequate on that site and cannot understand why they have to have two structures. Mrs. Horenburger moved to approve the settlement offer which requests zoning which would permit four three-story townhouse type units and one single family home on the property, with no unit being more than 30 feet tall. Mayor Campbell stated that that motion may be making it more restrictive. If it comes back at site plan approval and Mr. Rubin wishes to make a modification he could not do so. Mrs. Horenburger made a substitute motion to approve the settlement offer which requests zoning that would permit five units, no unit exceeding 30 feet, 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. General Administration, Finance and Personnel 23. Amendment of Abel, Garcia, Atelier Agreement/Time Extension. The Commission is to consider amending Article 6 of the Abel, Garcia, Atelier Agreement dated July 9, 1987, to extend the completion date to September 15, 1987. Approval is recommended. Mrs. Horenburger moved to extend the completion date to Septem- ber 15, 1987, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty stated it has come to his attention that they have omitted the parking area to the north of the school site. They discussed this before and he understands, as part of reviewing the report, which was submitted, that the parking is to be an integral part of the development. Mayor Campbell stated he feels it would be more appropriate to discuss this under Item 24. At this point the roll was called to the motion. 24. Market and Financial Feasibility Study/Restoration of the Delray Beach Elementary School. The Commission is to consider accep- tance of the Market and Financial Feasibility Study presented at the September 1st workshop by Abel, Garcia and Atelier. Approval is recom- mended. Mr. Weatherspoon moved to accept the Market and Financial Feasibility Study, seconded by Mrs. McCarty. -9- 9/8/87 Mayor Campbell stated that this is a phased plan. The agree- ment coming up next will be with regard to Phase I. Phase I is more of a priority of interest to the City over the next several years. Mr. Dougherty stated he feels the parking is an essential part of the school property. As he understands the preliminary review, the development is dependent upon using that land. He feels it should be clearly understood by everyone that that land is dedicated to become a part of the elementary school development. Mr. Dougherty stated he feels when they get a report of this nature it should be referred to staff first for comments. He questioned if they are ready to accept some of things in the report. He stated he raised some questions initially about the revenues that they would generate; he cannot see how they justify the revenues. One of the things he has a problem with is that building two, which would be the biggest source of revenue, is scheduled to be second and the building which would produce the least amount of revenue is first. Frances Bourque, Chairman of the Old School Square Foundation, stated they worked very closely with members of the City's staff. What is before the Commission is a result of an on-going process with the staff, the Foundation and the consultants. She stated that building two will be the most revenue producing building and will have a theater. They propose in Phase I to be using that building so that the revenue production is being generated over more than one facility. A representative of the consulting firm stated that building one, which faces Atlantic Avenue, was their first choice because they felt the visibility at the corner of Atlantic Avenue and Swinton Avenue was critical to the success of the project. They anticipate that without doing any major renovation to the theater building they will be able to hold functions. Another representative of the firm stated that one of the things they looked at was an appropriate pay-back to the City relative to revenue generation. In the study it outlines the revenue generation for the second and third years of operation. In the beginning of the third year they are showing a $95,000 net profit and this will provide the City with a 1.75 year pay-back on the first and second years of operation. By the third year they will have the opportunity of full utilization of the facility. Mr. Dougherty stated you cannot talk about pay-back if you do not take into account any debt service that the City has to put up to finance the project. Mayor Campbell stated that he was pleased when they heard that there would be revenue generated coming to the City. When they first entered into this project they did not anticipate any revenue at all. They thought if it was going to bea project for the City to get a civic center that they would accept a tax burden by possibly going to the electorate with a general obligation bond or revenue bond. He does not feel that many of them entered into this idea with it having to pay its way. Mrs. Bourque stated the Old School Square Foundation is commit- ted to raising local dollars, going to Tallahassee to bring back as much money as they can, writing for every grant and alleviating from the City's budget those dollars they feel they can find elsewhere. She believes, as they begin to build momentum, they will be made abreast of as many places as possible to file applications for grants. It takes proper lobbying and a proper way to go about this. Upon question by Mrs. Horenburger as to whether or not accept- ing the Market and Financial Feasibility Study is important to their filing for the grant, Mrs. Bourque stated it is because it states in the grant that this, in fact, is the information from which they are gaining information for the grant and it is included with the grant. Mrs. Horenburger moved to accept the Market and Financial Feasibility Study/Restoration of the Delray Beach Elementary School, seconded by Mrs. McCarty. -10- 9/8/87 Mr. Dougherty stated that in the report they refer to the downtown market area as being the area which will support the facility. He questioned if they could define that area. Alison Smith, Co-author of the Study, stated the boundaries were defined in the community redevelopment plan and that was their starting base for any basic market analysis and data that the planning department provided. Mr. Dougherty advised that on Page 55 it states "the large retirement and seasonal population within the downtown market area possesses a substantial amount of disposable income and leisure time and an opportunity exists to entice this market to a new facility which compliments the existing plans specialty retail, restaurant and profes- sional office". He stated he has difficulty with the wordage "large retirement and seasonal~population within the downtown market area". Ms. Smith stated by that she was referring to the Intracoastal corridor. The seasonal population does tend to be, primarily, a mixture of retirees and people residing in Delray six months or less. Upon question by Mr. Dougherty, Ms. Smith advised they did not just look at downtown Delray; they went as far north as Lake Worth and south to Boca Raton. The success of the project is not dependent on the large retirement population. They looked at continuing education, children's theater and at making this project as broad based as possi- ble. Mayor Campbell suggested that the maker of the motion make an amendment, for the record, to reflect that it is not the intention of the City to discriminate on any sectional basis; they are intending to have, in the market study, all the people of Delray both utilize and service the facility. Mrs. Horenburger amended her motion as suggested by Mayor Campbell, Mrs. McCarty amended her second. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. 25. Amendment to Abel, Garcia, Atelier Agreement/Phase I Services. The Commission is to consider amending Abel, Garcia, Atelier agreement dated July 9, 1987, to include A&E Services for Phase I construction: Restoration of the Delray Beach Elementary School as provided in Article 18-1 "Continuation of Contract" Approval is recommended pending finding appropriation and successful contract negotiation. Upon question by Mr. Weatherspoon, the Acting City Manager advised the estimated cost for architect and engineering services for Phase I is $135,000. At this time they do not have a funding source designated. Upon question by the Commission, Mrs. Bourque stated they have proposed funds for part of this next year; they do not have all of the funds. Their budget for next year is $146,000; of that amount they are securing a certain amount, but not all of it. She is hoping that the Commission will find some money for them. One of the consultants stated that the Old School Square Foundation is applying for a grant which would pay for the salary for a half-time facilities manager who could begin programming exhibits, etc. They are also in the process of writing for a $20,000 grant which would help the A&E fee of $134,000 over the next year. Mrs. Bourque stated that of the $146,000 they anticipate needing over the next year, they are going to need $125,000 to $135,000 from the City. She is low estimating the ability for them to raise funds within the community and she is not taking into account receiving the $50,000 grant. -11- 9/8/87 Mr. Dougherty stated that when they appropriated the $50,000 a question was raised as to whether or not that could come out of the $10.5 million bond issue. At that time, the legal advice was that it could. He feels that the $134,000 could also be done under the bond issue. Upon question, the City Attorney advised he is not sure if it could be included in the bond issue. He feels they should ask the City's bond counsel to make sure they are comfortable with it. The Acting City Manager advised that staff's idea on this was to see what the fiscal position is on September 30th and also research the bond issue option; they would then come back to the Commission with a recommendation. Mr. Dougherty suggested they should request the Acting City Manager to go back and bring a revised Capital Improvements program which would combine FY 87/88 and to include not only the $134,000 but also some construction funds. Mrs. McCarty moved to amend the Abel, Garcia, Atelier agreement for Phase I services, pending finding appropriation and successful contract negotiation, seconded by Mr. Weatherspoon. 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. 26. Grant Application Authorization. The Commission is to consider authorizing staff, with the assistance of Abel, Garcia, Atelier and Old School Square Foundation, to prepare and submit a Historic Preservation grant application in the amount of $500,000 with the Bureau of Historic Preservation. Funds requested will be used for Phase I construction: Delray Beach Elementary School, Restoration Project. Approval is recommended. Mr. Weatherspoon moved to approve the grant preparation and submission of a Historic Preservation grant application, 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. Mayor Campbell returned to the Commission Chambers at this time. 27. Ordinance No. 70-87 - Amending Code - Department Name Chanqes. Ordinance No. 70-87, amending Chapter 2 "Administration" of the Code of Ordinances changing the name of the Planning Department to the Planning and Zoning Department; creating the Department of Information Resource Management and the Department of Engineering, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The City Attorney advised that the Commission has been fur- nished a revised edition of this ordinance. It changes the names of three departments and creates two departments. The Acting City Manager presented Ordinance No. 70-87: 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 2-1.5, "MUNICIPAL DEPART- MENTS ENUMERATED", CHANGING THE NAME OF THE DEVELOPMENT AND INSPECTION DEPARTMENT TO THE INSPECTION AND CODE ENFORCEMENT DEPARTMENT, CHANGING THE NAME OF THE FIRE DEPARTMENT TO THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, CHANGING THE NAME OF THE PLANNING DEPARTMENT TO THE PLANNING AND ZONING DEPARTMENT, AND CREATING THE DEPARTMENT OF INFORMATION RESOURCE MANAGEMENT AND CREAT- ING THE DEPARTMENT OF ENGINEERING; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -12- 9/8/87 The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 70-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Planning, Development and Engineering 28. Site Plan Approval - Linpro Office/Storage. The Commission is to consider a request for site plan approval for a proposed 127,000 square foot office, retail and wholesale storage facility, located at the northeast corner of Congress Avenue and Lowson Boulevard/S.W. 10th Street. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: 1. That the final plat be approved prior to certification of the site plan by the Planning Department. 2. That the time limit, required by Section 30-22(E), within which the site is to be developed pursuant to this site plan is eighteen months. 3. Payment of fees to the Congress Avenue improvement program pursuant to City Commission policy. 4. Payment of fees to the Congress Avenue beautification program pursuant to City Commission policy. Mrs. McCarty moved for site plan approval for the Linpro Office/Storage, subject to the conditions, 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. Final Plat Approval - Linpro Plat. The Commission is to consider a request for final plat approval for Linpro Plat, a proposed mixed use development, located at the northeast corner of Congress Avenue and Lowson Boulevard/S.W. 10th Street. The Planning and Zoning Board and Planning Director recommend approval. Mrs. Horenburger moved for final plat approval for the Linpro Plat, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Dougherty left the Commission Chambers at this time. 31. Ordinance No. 68-87 - Amending Zoning Code - Restricting Access Onto Residential Streets. Ordinance No. 68-87, amending Chapter 30 "Zoning" of the Code of Ordinances to restrict access from multiple family or non-residential zoned property onto residential streets which are adjacent to single family zoned property, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The Acting City Manager presented Ordinance No. 68-87: 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 30-18 "OFF-STREET PARKING REGULA- TIONS'', SUBSECTION (B) "GENERAL REQUIREMENTS" BY ADDING A SUBPARAGRAPH (7) "ACCESS" TO PROVIDE THAT WHERE MULTI- FAMILY OR NON-RESIDENTIAL ZONED PROPERTY IS ADJACENT TO, BUT SEPARATED BY A STREET FROM SINGLE FAMILY ZONED PROPERTY, THE MULTI-FAMILY OR NON-RESIDENTIAL PROPERTY SHALL NOT USE SUCH SEPARATING STREET AS ACCESS UNLESS NO OTHER MEANS OF INGRESS OR EGRESS TO THE PROPERTY EXISTS; BY AMENDING SECTION 30-9 "NC (NEIGHBORHOOD COMMERCIAL) DISTRICT" TO DELETE SUBSECTION (O) "ACCESS" IN ITS ENTIRETY; BY AMENDING SECTION 30-10 "CC (COMMUNITY COMMERCIAL) DISTRICT" TO DELETE SUBSECTION (O) "ACCESS" -13- 9/8/87 IN ITS ENTIRETY, AND BY AMENDING SUBSECTION (P) "PARK AND RECREATION LAND DEDICATION" TO RELETTER IT TO SUBSECTION (O) "PARK AND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" TO DELETE SUBSECTION (O) "ACCESS" IN ITS ENTIRETY, AND BY AMENDING SUBSECTION (P) "PARK AND RECREATION LAND DEDICA- TION'' TO RELETTER IT TO SUBSECTION (O) "PARK AND RECREA- TION LAND DEDICATION"; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT" TO DELETE SUBSECTION (0) "ACCESS) IN ITS ENTIRETY, AND BY AMENDING SUBSECTION (P) "PARK AND RECREATION LAND DEDICATION" TO RELETTER IT TO SUBSECTION (O) "PARK AND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-13 "CBD (CENTRAL BUSINESS) DIS- TRICT'' TO DELETE SUBSECTION (P) "ACCESS" IN ITS ENTIRETY, AND BY AMENDING SUBSECTION (Q) "PARK AND RECREATION LAND DEDICATION" TO RELETTER IT TO SUBSECTION (P) "PARK AND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DISTRICT" TO DELETE SUBSECTION (N) "ACCESS" IN ITS ENTIRETY, AND BY AMENDING SUBSECTION (O) "PARK AND RECREATION LAND DEDICATION" TO RELETTER IT TO SUBSECTION (N) "PARK AND RECREATION LAND DEDICATION"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 68-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, David Kovacs, Director of Planning, stated that multi-family would be any development project which would have three units or more in a single building. He read a letter from Marion MacLeod which stated that the ordinance, as written, would prohibit residences over one family from exiting their property. She feels the ordinance should read "where a commercially zoned property is adjacent to but separated from residential property by a street, the commercially zoned property shall not use such separating street as access unless no other means of ingress or egress to the commercial property exists". Mr. Kovacs stated that the language she is proposing is the language which is in the code today. He drew an example of what this ordinance is trying to accomplish. Mr. Weatherspoon stated he understands the concept; however, he still has a problem with it. He can see the logic in not allowing access to a commercial property, but not to multi-family. Mayor Campbell stated that this is only first reading. If anyone has a question they should bring it to the Commission or staff. At this point the roll was called to the motion. 32. Ordinance No. 69-87 - Amending Zoning Code - Interpretative Powers of the Planning and Zoning Board. Ordinance No. 69-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to allowing the Planning and Zoning Board to make interpretations as to the similarity of proposed (unlisted) uses wlth permitted and conditional uses already listed in the Zoning Code, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The Acting City Manager presented Ordinance No. 69-87: 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 30-26 "DUTIES OF THE CHIEF BUILDING OFFICIAL, BOARD OF ADJUSTMENT, CITY COUNCIL, AND COURTS ON MATTERS OF APPEAL" BY ADDING "PLANNING AND ZONING -14- 9/8/87 BOARD" TO THE TITLE OF SAID SECTION, AND FURTHER AMENDING SAID SECTION 30-26 TO PROVIDE THAT THE PLANNING AND ZONING BOARD MAY MAKE INTERPRETATIONS OF THE SIMILARITY OF PROPOSED (UNLISTED) USES WITH PERMITTED AND CON- DITIONAL USES ALREADY LISTED IN THE ZONING CODE, PRO- VIDING FOR FORMAL FINDINGS OF THE PLANNING AND ZONING BOARD IN DETERMINING THAT AN UNLISTED USE MAY BE ALLOWED AS EITHER A PERMITTED OR CONDITIONAL USE, PROVIDING FOR A RECORD OF ALL SUCH FORMAL FINDINGS TO BE MAINTAINED BY THE PLANNING DEPARTMENT, AND PROVIDING THAT A CORRECTIVE ZONING ORDINANCE AMENDMENT CONTAINING THESE INTERPRETA- TIONS SHALL BE PREPARED ON AN ANNUAL BASIS, AT A MINIMUM; PROVIDING A GENERAL REPEALER CLAUSE; 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. 69-87 on First Reading, seconded by Mrs. Horenburger. Mrs. McCarty stated she has a problem with semantics in that the word interpretation is being used. After conversing with the Planning Director she feels the word determination would be more appro- priate. She would also like some clarification as to where the line is drawn where the Building Official's interpretation takes over and the Planning and Zoning Board's determination leaves off. Mr. Kovacs stated he would suggest that they change the word interpretation to determination. He advised that the Building Official would interpret the Code; he cannot make a determination that a use is like other uses and, therefore, allowed. He can only look at the ones which are listed and say it is in the list. Mrs. McCarty stated she cannot understand why they need the Building Official to make determinations if he is not allowed to make interpretations. The City Attorney stated there are some instances when there is no definition in the Code of a use and the Building Official would interpret what that definition is supposed to be. There are also places where there are not sufficient explanations or the description provided by the applicant does not match the definition precisely. If it does not, the applicant can either appeal the determination or go to the Planning and Zoning Board and ask them to add it to the list as it is compatible. Upon question by Mrs. McCarty, Mr. Kovacs stated the process which is being proposed is that the Planning and Zoning Board would make a determination of finding that the use is similar to other permitted uses in the district. Once a year they would bring the whole list and put it in ordinance form. They will make the Commission aware of the determinations as they are being made. Mr. Weatherspoon amended his motion to include the substitution of "determination" rather than "interpretation", Mrs. Horenburger amended her second. Upon roll call the Commission voted as follows: Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Dougherty returned to the Commission Chambers at this time. 33. Ordinance No. 73-87 - Amending Zoning Code - Modification of Approved Site and Development Plan. Ordinance No. 73-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to modification of approved site and development plans to provide for and permit the Planning Director to make a determination of non-impacting minor modifi- cations, is before the Commission for consideration on First Reading. If passed, Public hearing will be held on September 22nd. The Acting City Manager presented Ordinance No. 73-87: -15- 9/8/87 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 30-22 "SITE AND DEVELOPMENT PLAN APPROVAL", BY REPEALING SUBSECTION (F) "MODIFICATION OF APPROVED SITE AND DEVELOPMENT PLAN" IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION (F) "MODIFICATION OF APPROVED SITE AND DEVELOPMENT PLAN"; PROVIDING A GENERAL REPEALER CLAUSE; 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. 73-87 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mrs. Horenburger stated that on Page 2 it states that any person aggrieved by the decision of the Planning Director that the proposed minor modification is non-impacting may appeal that decision to the Planning and Zoning Board. She questioned where the Commission would go if they were aggrieved by the Planning Director. Mayor Campbell stated that if the Planning and Zoning Board determines that something is minor it never comes before the Commission anyway. This ordinance is giving the Planning Director the authority to issue what may be called minor-minor modifications. Mrs. Horenburger stated that the language in the ordinance states "any person aggrieved" and she questioned if that could be construed to include the Commission. The City Attorney advised it would not. Mrs. Horenburger left the Commission Chambers at this time. 34. Ordinance No. 74-87 - Amending Zoning Code - Backout ~arkin~ Onto Alleys/Design Considerations. Ordinance No. 74-87, amending Chapter 30 "Zoning" of the Code of Ordinances to permit backout parking onto alleys and specifying design considerations for same, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The Acting City Manager presented Ordinance No. 74-87: 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 30-18 "OFF-STREET PARKING REGULA- TIONS'', (C) "DESIGN AND LANDSCAPING", (1) "DRIVEWAYS, PARKING ACCESS, BACKOUT PARKING, DEAD-END PARKING", BY REPEALING SUBPARAGRAPH (b) IN ITS ENTIRETY, AND ENACTING A NEW SUBPARAGRAPH (b) TO PROVIDE THAT EACH PARKING SPACE SHALL HAVE ACCESS TO A STREET OR ALLEY, PROVIDING FOR MINIMUM DESIGN STANDARDS FOR SAID ACCESS, PROVIDING FOR EXCEPTIONS I CERTAIN SITUATIONS, PROVIDING FOR THE PROHIBITION OF PARKING AREAS WHICH FORCE THE MOTORIST TO BACK ONTO A THROUGH STREET, PROVIDING A DEFINITION OF THROUGH STREET FOR PURPOSES OF THIS SECTION, AND PRO- VIDING FOR EXCEPTIONS TO THE APPLICATION OF THE DEFINI- TION OF A THROUGH STREET UNDER THE ADMINISTRATIVE RELIEF PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; 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. 74-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. -16- 9/8/87 Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Weatherspoon left the Commission Chambers at this time. 35. Ordinance No. 75-87 - Amending Zoning Code - Car Wash Estab- lishments. Ordinance No. 75-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to allowing car wash establishments as a conditional use within the GC (General Commercial) and SC (Specialized Commercial) zoning districts, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The Acting City Manager presented Ordinance No. 75-87: 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 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (C) "CONDITIONAL USES" TO DELETE "AUTOMOTIVE , GROOMING, INCLUDING WASHING, WAXING AND INTERIOR CLEAN- ING. ALL OTHER AUTOMOTIVE SERVICES ARE PROHIBITED" AS A CONDITIONAL USE; AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING "CAR WASH ESTABLISHMENTS" AS A CONDITIONAL USE; AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" TO DELETE "AUTOMOTIVE WASH ESTABLISH- MENTS'' AS A CONDITIONAL USE; AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING "CAR WASH ESTABLISHMENTS" AS A CON- DITIONAL USE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. McCarty moved for the adoption of Ordinance No. 75-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Mr. Weatherspoon returned to the Commission Chambers at this time. 36. Ordinance No. 76-.87 - Amending Zoning Code - Definition of Multiple Family Dwelling. Ordinance No. 76-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the definition of a Multiple Family Dwelling, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The Acting City Manager presented Ordinance No. 76-87: 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 30-1 "DEFINITIONS", SUBSECTION (35) "DWELLING-MULTIPLE FAMILY" TO PROVIDE THAT DWELLING- MULTIPLE FAMILY SHALL MEAN A RESIDENTIAL BUILDING DE- SIGNED FOR OR OCCUPIED BY THREE (3) OR MORE FAMILIES LIVING INDEPENDENTLY OF EACH OTHER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. McCarty moved for the adoption of Ordinance No. 76-87 on First Reading, 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. Before roll call the following discussion was had: -17- 9/8/87 Mr. Dougherty questioned why they struck out two and sub- stituted three. The City Attorney stated the Commission decided that multi-family should not include duplex units. At this point the roll was called to the motion. 37. Ordinance No. 77-87 - Amending Zoning Code - Drive-In Facili- ties for Financial Institutions in the Community Commercial District. Ordinance No. 77-87, amending Chapter 30 "Zoning" of the Code of Ordi- nances to allow drive-in facilities for financial institutions when part of a full-service financial institution, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The Acting City Manager presented Ordinance No. 77-87: 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 30-10 "CC (COMMUNITY COMMERCIAL) DISTRICT", SUBSECTION (B) "PERMITTED USES", BY AMENDING SUBPARAGRAPH (30) "FINANCIAL INSTITUTIONS" TO INCLUDE DRIVE-IN FACILITIES WHEN PART OF A FULL-SERVICE FINANCIAL INSTITUTION; 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. 77-87 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. 38. Ordinance No. 78-87 - Amendinq Zoning Code - Restaurants in NC (Neighborhood Commercial) District. Ordinance No. 78-87, amending Chapter 30 "Zoning" of the Code of Ordinances by prohibiting drive- through or drive-in restaurants in NC (Neighborhood Commercial) Dis- tricts, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The Acting City Manager presented Ordinance No. 78-87: 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 30-9 "NC (NEIGHBORHOOD COMMERCIAL) DISTRICT", SUBSECTION (B) "PERMITTED USES", BY AMENDING SUBPARAGRAPH (15) TO PROVIDE FOR RESTAURANTS, INCLUDING TAKE-OUT, BUT NOT DRIVE-THROUGH OR DRIVE-INS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 78-87 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. 39. Ordinance No. 72-87 - Amendinq Code - Increasing Permit Fees. Ordinance No. 72-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to increase in permit fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The Acting City Manager presented Ordinance No. 72-87: 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 -18- 9/8/87 DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "BUILDING CODE", SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 107.4, "SCHEDULE OF PERMIT FEES", SUBPARA- GRAPHS (c) (I), (II) AND (III), TO MODIFY PERMIT FEES FOR NEW BUILDINGS AND ADDITIONS, MISCELLANEOUS PERMITS AND SUB TRADE PERMITS; BY AMENDING ARTICLE III, "GAS CODE", SECTION 9-31, "ADOPTED", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPH (a), TO INCREASE THE MINIMUM PERMIT FEE FROM THIRTY DOLLARS TO SIXTY DOLLARS, AND TO ELIMINATE THE FEES FOR REQUIRED INSPECTIONS; BY AMENDING ARTICLE IV, "MECHANICAL CODE", SECTION 9-42, "ADOPTED", SUBSECTION 106.3, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPH (a), TO INCREASE THE MINIMUM PERMIT FEE FROM THIRTY DOLLARS TO SIXTY DOLLARS, AND TO ELIMINATE THE FEES FOR REQUIRED INSPECTIONS; BY AMENDING ARTICLE V, "PLUMBING", SECTION 9-54, "CODE AMENDED", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", TO INCREASE THE MINIMUM PERMIT FEE FROM THIRTY DOLLARS TO SIXTY DOLLARS, AND TO ELIMINATE THE FEES FOR REQUIRED INSPECTIONS; AND BY AMENDING ARTICLE VI, "ELECTRICITY", DIVISION II, "PERMITS AND INSPEC- TIONS'', SECTION 9-100, "PERMIT FEES GENERALLY", TO INCREASE THE MINIMUM PERMIT FEE FROM THIRTY DOLLARS TO SIXTY DOLLARS, AND TO ELIMINATE THE FEES FOR REQUIRED INSPECTIONS; 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. 72-87 on First Reading, seconded by Mrs. McCarty. Before roll call the following discussion was had: Mr. Dougherty stated that the single permit fee is going from $30.00 plus $15.00 per required inspection, to just $45.00. Martin O'Shea, Acting Chief Building Official, stated that if a permit was taken out for a small job it seems a little unfair to charge them for each inspection; therefore, they came out with a flat fee. Mr. Dougherty stated they discussed raising the service charges at the budget sessions; he cannot see how this changes anything. Mr. O'Shea stated the main place where the increase comes in is with the single permit fee for construction over $1,000; the fee is changing to $11 from $10 per $1,000 and will generate approximately $63,000. The other one which will generate about $21,000 is miscellane- ous permits for construction over $1,000 in value; the fee is being changed from $7.00 to $10.00. Mayor Campbell questioned if this ordinance reflects the comments and intentions of the Commission pursuant to the budgetary workshops to increase the fees accordingly. Mr. O'Shea advised it does. Mr. Dougherty questioned why he did not follow the Commission's direc- tive and increase everything proportionately in the percentage they asked him to. Mr. O'Shea stated he tried to keep it simple and equita- ble. Mrs. McCarty left the Commission Chambers at this time. Mrs. Horenburger returned to the Commission Chambers at this time. Mayor Campbell questioned if Mr. O'Shea was aiming at trying to come up with a dollar figure and apportioned where he thought it was equitable and fair to come up with that figure. Mr. Dougherty is stating it was not so much the dollar figure they discussed, the Com- mission had, by consensus, wanted fees raised by a certain percentage. Following discussion, Mayor Campbell suggested that they go back and review this to get some comparisons. If there is a timing factor in order to have this passed by October it can be placed on a special agenda next Tuesday for first reading. -19- 9/8/87 Mrs. Horenburger moved for the adoption of Ordinance No. 72-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 4 to 0 vote. Mrs. McCarty returned to the Commission Chambers at this time. 40. Ordinance No. 71-87 - A~. ending Code - Increasing South Central Regional Wastewater Treatment and Disposal Board Fees. Ordinance No. 71-87, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to increasing SCRWTD Board pass-thru fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The Acting City Manager presented Ordinance No. 71-87: 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 SECTION 29-63, "SERVICE RATES AND CHARGES IMPOSED", SUBSECTION (a), "RESIDENTIAL DWELLING UNITS", AND SUBSECTION (b), "NONRESIDENTIAL/COMMERCIAL UNITS", TO INCREASE THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT DISPOSAL BOARD CHARGES FROM $0.555 PER 1,000 GALLONS TO $0.5755 PER 1,000 GALLONS FOR INSIDE CITY USE, AND FROM $0.6963 AND $0.6937 FOR 1,000 GALLONS, FOR RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL USE RESPECT- IVELY, TO $0.7194 PER 1,000 GALLONS FOR OUTSIDE CITY USE; 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. 71-87 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 41. Ordinance No. 79-87 - Amending Code - Increase in Tennis Fees. Ordinance No. 79-87', amending Chapter 19 "Parks, Beaches and Recreation" of the Code of Ordinances relative to increase in tennis fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The Acting City Manager presented Ordinance No. 79-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 17-2, "CHARGES FOR USE OF TENNIS CENTER", TO INCREASE THE RATES TO BE CHARGED FOR THE USE OF THE CITY TENNIS CENTER, FOR RESIDENTS AND NONRESIDENTS BY TEN PERCENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 79-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Legal 42a. Ratification of Settlement of Diana Bouie vs Donald West and the City of Delray Beach in the amount of $75,000.00 Mr. Weatherspoon moved to ratify the settlement of Diana Bouie vs Donald West and the City of Delray Beach in the amount of $75,000.00, seconded by Mrs. Horenburger. Upon roll call the Commission voted as -20- 9/8/87 follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mayor Campbell stated he will have to vote against this item as he is philosophically opposed to any matter wherein the City may have a possibility of prevailing in a case. Mr. Weatherspoon stated that philosophically he would agree with Mayor Campbell; however, he will vote in favor of this because of the potential loss to the City should they lose. Mrs. Horenburger stated that after consulting with the City Attorney she will also be voting for this item. At this point the roll was called to the motion. 43. Collective Bargaining Agreement.. The Commission is to consider ratification and authorization to execute Collective Bargaining Agree- ment between the City and Professional Firefighters of Delray Beach, Local 1842, IAFF. Mrs. Horenburger moved to ratify and authorize execution of a Collective Bargaining Agreement between the City and Professional Firefighters of Delray Beach, Local 1842, IAFF, 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. Planning 44. Site Plan Approval in Conjunction 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 Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: (6) 30-18(C) (1) (c) applies and landscape islands shall be placed at the end of parking rows (two instances). (7) 30-17(J) (1) (a) applies and required planting shall be installed along the east boundary. (8) Ch. 9 Art. X, 9-378(e) applies and three new trees shall be provided. (9) 30-18(D) (5) (2) applies and handicap spaces shall be provided. (11) Ch. 9, Art. X, 9-378(e) applies in-part; the ficus hedge along the front part of the north boundary is to be upgraded; if it continues to be destroyed by vehicles (from property to the north) a fence will be erected along the property line to protect the ficus. (12) Ch. 9, Art. X, 9-378(f) (1) applies and to meet its intent the first planting area along the rear parking line will be expand- ed and vegetated. (14) Ch. 9, Art. X, 9-378(b) applies and an irrigation system shall be provided for the landscape areas in the front of the site and along the north boundary to the approximate midpoint of the building. Irrigation is waived for the rear parking area since the ficus hedge is established in that area. (15) Ch. 9, Art. X, 9-374(b) applies and the protective curbing shall be installed around the landscape planters. Mr. Weatherspoon moved for site plan approval in conjunction with a water service agreement and subject to the conditions for the Wachtel Office Building, 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 -21- 9/8/87 45.a.1. James Bowen, 116 Marine Way, stated that the City spent 1/4 million dollars to get downtown by-passes on N.E. and S.E. 1st Streets and the quickest way west is still Atlantic Avenue. He feels this is ridiculous and the Commission should do something about it. 45.a.2. Beril Kruger, 3116 Spanish Trail, stated there is a land- lord/tenant ordinance before the Commission for consideration. They discussed this at the Chamber of Commerce meeting last week. The problem is the number of people living in single family residences north and south of Atlantic Avenue on the west side of Federal Highway, between the railroad tracks and the railroad. They also discussed the possibility of the City allowing low-interest loans where a young couple could come in, buy an old house, get a low-interest loan and fix it up. This has worked in Baltimore and Boston and he cannot see why it could not work in Delray. 45.a.3. Alice Finst, 707 Place Tavant, stated she would like to request that the City name be placed back on the markers at the entrance to the City. 46. Mrs. Horenburger moved to approve the minutes of the Regular Meeting of August 25, 1987, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 47.a.1. Mr. Weatherspoon stated he has received several complaints regarding noise coming from automobiles. He spoke with the City Attor- ney about this and he is looking into it. He feels that if the people making the noises get the impression that the City intends to do some- thing then maybe they will stop doing it. 47.a.2. Mrs. Horenburger requested that when the County passes their cable ordinance the Commission get a copy of it. 47.a.3. Mrs. Horenburger stated she received a letter from the Vietnam Veterans of America regarding the Wall of Tears. The Palm Beach County Chapter 25 is bringing a half-scale replica of the Vietnam Veterans Memorial to the 1988 South Florida Fair and are requesting donations towards this. She would like to propose that they consider making a donation of $500. Mayor Campbell stated if they have not exceeded their 1% he feels it would be a good idea. The Acting City Manager can check to see if they have some funds available within the next year's 1% cap. The amount they donate would be determined by what they have available. 47.a.4. Mrs. McCarty stated they discussed and arrived at a consensus with regard to the procedures for appointments to boards and committees. She stated there are four openings on boards and she questioned if they are going to hold off on any appointments. Mayor Campbell stated they opted to go with publication of vacancies and it is going to be a while before the whole process is ready. The City Attorney advised this will be on the next regular agenda. Mayor Campbell stated they could place this on a special agenda next week. 47.a.5. Mr. Dougherty stated he feels the Commission should send a letter of commendation to all the people who arranged the Labor Day Police affair. It went over very well, there was a nice attendance and did not interrupt anyone's enjoyment of the beach. He feels the people and companies who contributed should receive a letter. It was the consensus of the Commission to send such a letter. 47.a.6. Mr. Dougherty stated he had occasion to take a trip around the LaMat Avenue vicinity and noticed several code violations; he questioned why the City's code enforcement department has not done anything. Mayor Campbell stated that most of that area is in the County and will require the County Commission Code Enforcement department. -22- 9/8/87 They can send a strong letter to the County Commission staff requesting that they do something. 47.a.7. Mayor Campbell stated that on September 10th the County Commis- sion will be reviewing their five year road plan. This Commission also has a Sewer Board meeting at 7:00 P.M. He would like to have the appropriate staff person attend the County Commission meeting to repre- sent the wishes of this Commission as per prior agreed consensus of the issue. Mrs. McCarty stated she feels their comments should be in letter form. Mrs. Horenburger stated she met with a group of citizens and they questioned why the Commission does not have more leverage with the County on this issue. She stated that they do between Congress Avenue and Military Trail; however, west of Military Trail is not in the City and the County has to deal with the residents in that region. Her position is that if their final determination is to extend Lake Ida Road west of Military Trail, although she would prefer that they do not, the City had better change their tune and have improvements made on Lake Ida Road, between Congress Avenue and Military Trail. Mayor Campbell stated they have discussed this issue and adopted a policy in opposition. He disagrees with what Mrs. Horenburger just stated. If they want to change the policy they are going to have to call a special workshop. It was the consensus of the majority of the Commission to stay with the policy. Mr. Dougherty stated that they need to make sure a copy of their original letter of opposition is in the hands of each individual County Commissioner. Mayor Campbell stated they will make sure that is done. 47.a.8. Mayor Campbell noted that the Annual Congress of Cities will be held on December 12-16 and questioned who would attend as the voting delegate. Following discussion, Mayor Campbell requested that the City Attorney check to see if a person has to be an elected official to be the voting member. 47.a.8. Mayor Campbell stated, regarding some of the areas of the City which are deteriorating, they need some realistic answers on how to deal with urban decay. He understands that the Chamber of Commerce has been instrumental in working in this regard. He would like to get with Frank Wheat and request that some members of the Chamber be willing to serve on a special Blue Ribbon Task Force. He would like for them to consult appropriate, technical and legal staff and come back to this Commission in two weeks with some realistic answers on what a government can do faced with the problems they have in Delray. 47.b. There were no Non-Agenda items by the City Attorney. 47.c. There were no Non-Agenda items by the Acting City Manager. Mayor Campbell declared the meeting adjourned at 10:40 P.M. ATTEST: MAYOR -23- 9/8/87 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 September 8, 1987, which minutes were formal- ly approved and adopted by the City Commission on r ~ N_OTE 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. -24- 9/8/87