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09-22-87 SEPTEMBER 22, 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 7:00 P.M., Tuesday, September 22, 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 Assistant City Attorney Jeffrey Kurtz. 2. The opening prayer was delivered by Reverend Gerald Dingman, Abbey Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell requested that Item No. 46 be moved to the first item before the Consent Agenda. Mr. Dougherty requested that Items No. 23, 29, 30, 35 and 37 be placed on the Regular Agenda for discussion. The Assistant City Attorney requested that Item No. 49 be removed from the Agenda. The Acting City Manager requested No. 27 be moved to the Regular Agenda. Mr. Weatherspoon moved for agenda approval, moving Items No. 23, 27, 29, 30, 35 and 37 to the Regular Agenda, moving Item No. 46 to the first item before the Consent Agenda and deleting Item No. 49, 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 Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. 5. Levying of Tax Rate. PUBLIC HEARING and adoption of Resolution No. 38-87 relative to 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. 38-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION AND TO 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. 38-87 is on file in the official Resolution Book) The Assistant 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. 38-87, 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. Mayor Campbell returned to the Commission Chambers at this time. 6. A Public Hearing on the Federal Revenue Sharing has been scheduled to be held at this time. David Huddleston, Finance Director, stated funds are not expected to be received but it has been budgeted to appropriate $20,000 in the Federal Revenue Sharing Fund balance for the upcoming year. The budget provides for that to be expended for police salaries. 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. Appropriations for the 1987/88 Budget. PUBLIC HEARING and adoption of Resolution No. 39-87 relative to making 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. The Acting City Manager presented Resolution No. 39-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING 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. 39-87 is on file in the official Resolution Book) The Assistant 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. Mrs. Horenburger moved for the adoption of Resolution No. 39-87, 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. Upon question, Mr. Huddleston stated at this time there has been no provision made if the Tax on Services should be repealed and there is no alternate funding that matches what was primarily available. The impact could be in the area of $250,000 and, if that should occur, the department would return to the Commission with a budget amendment. PUBLIC HEARING Mrs. Horenburger left the Commission Chambers at this time. 8. 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 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. -2- 9/22/87 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 F~4ILY 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" 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 (O) "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 Assistant 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. Marion McLeod, 930 Dogwood Drive, stated at the hearing regard- ing this Ordinance last night at the P&Z Board meeting, it was noted that the Planning and Zoning Director has added a second paragraph to the original wording of the ordinance. She feels the first paragraph can be eliminated. Jean Beer, 945 Tropic Boulevard, stated she agrees with Mrs. McLeod, due to the fact that the residents could be subjected to having car dealers bring their trucks in on Florida Boulevard, as the ordinance reads now. Jim Hayes, 525 Heron Drive, stated he sees no reason why all the zoning codes should be amended when the original purpose was to separate the residential from the commercial area. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 68-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Mr. Weatherspoon stated he feels this ordinance is too restric- tive. He suggests that it either be voted down or sent back to P&Z for a closer look in regard to the issues in question. Mrs. McCarty concurred with Mr. Weatherspoon. -3- 9/22/87 Mrs. Horenburger returned to the Commission Chambers at this time. Mr. Dougherty stated he feels this will impose a hardship, especially where multi-family installations enter or exit onto single family access streets. He concurs that the ordinance should not be approved, but modified in some way, perhaps by eliminating Paragraph No. 7. Mayor Campbell and Mrs. Horenburger concurred with the other members of the Commission that the ordinance should be reviewed with regard to the concerns voiced at this meeting. David Kovacs, Planning and Zoning Director, stated the language in Item No. 7 is what is before the Commission tonight. The way the caption is worded includes this language, and if it is not agreeable to the Commission, he feels it should be denied. The P&Z Board reviewed the Staff report last night and recommended no change be made. He stated that what exists today is a statement which says, "Where commer- cial properties are adjacent to but separated by a street from single family residential .... ", the proposal is to change the word commercial and insert multiple family or non-residential zoned property. The question arose as to whether it should also apply to multiple family in addition to single family and the P&Z Board recommended that it not apply. Mrs. Horenburger stated she feels the Commission is attempting to resolve a particular problem by creating legislation. The problem seems to be in the language of "street". If residential neighborhoods are to be protected, there needs to be some differentiation between streets, collector roads and arterial roads. The Commission should not negatively impact a myriad of other situations while trying to solve one problem. Mr. Weatherspoon made a substitute motion to postpone action on Ordinance No. 68-87 until October 13th, 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. 69-87 - Amending Zoning Code - Interpretative Powers of the Planninq & Zoning Board. Ordinance No. 69-87, amending Chapter 30 "Zoning" of the Code of Ordinances, relative to allowing the Planning & Zoning Board to make interpretations as to the similarity of proposed (unlisted) uses with permitted and conditional uses already listed in the Zoning Code, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The 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 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 CONDI- TIONAL USES ALREADY LISTED IN THE ZONING CODE, PROVIDING 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 INTERPRETATIONS SHALL BE PREPARED ON AN ANNUAL BASIS, AT A MINIMUM; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 69-87 is on file in the Official Ordi- nance Book) -4- 9/22/87 The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 69-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horen- burger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Weatherspoon left the Commission Chambers at this time. 10. 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 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. 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. (Copy of Ordinance No. 70-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 70-87 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 71-87 - Amending 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 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. 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 -5- 9/22/87 RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL USE RESPECTIVE- LY, TO $0.7194 PER 1,000 GALLONS FOR OUTSIDE CITY USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 71-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 71-87 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 12. 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 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. 73-87: 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. (Copy of Ordinance No. 73-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 73-87 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Weatherspoon returned to the Commission Chambers at this time. 13. Ordinance No. 74-87 - Amending Zoning Code - Backout Parking 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 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. 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 -6- 9/22/87 REGULATIONS", (C) "DESIGN AND LANDSCAPING", (1) "DRIVE- WAYS, 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 SEC- TION, AND PROVIDING FOR EXCEPTIONS TO THE APPLICATION OF THE DEFINITION OF A THROUGH STREET UNDER THE ADMINISTRA- TIVE RELIEF PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No.74-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 74-87 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Weatherspoon left the Commission Chambers at this time. 14. 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The 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 CONDITION- AL USE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 75-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 75-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - -7- 9/22/87 Yes; Mrs. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Weatherspoon returned to the Commission Chambers at this time. 15. 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The 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. (Copy of Ordinance No. 76-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 76-87 on Second and FINAL Reading, 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. (Note: Mrs. Horenburger left the Commission Cham- bers before roll call). Before roll call, the following discussion was had: Upon question, Mr. Kovacs stated a duplex is called out as a specific use in the R-1A-C and the RO zoned districts. Otherwise, the duplex is not mentioned as a permitted use in the Zoning Code, but an interpretation would be made that a duplex would also be allowed. Mr. Weatherspoon requested confirmation relative to an area that is zoned Single Family; if this ordinance is passed could a duplex be built next to a single family home. Mr. Kovacs stated only if it was located in an R-1A-C District. Mr. Kovacs stated the main reason for the ordinance is so that development standards that apply to multiple family units do not apply to duplexes. There are conflicting terms in the code relative to parking requirements for a duplex, and this ordinance will eliminate that conflict. Mr. Dougherty stated he feels there is an inconsistency between the parking requirements and what is defined as an acceptable dwelling occupancy. He feels this ordinance negates the existing parking re- quirements. He also questioned when a conversion is made to a duplex, if two kitchens, two bathrooms, etc., will be required. Mr. Kovacs stated when a single family dwelling is converted into a duplex, a complete dwelling unit must be provided. He feels Mr. Dougherty is confusing the Housing Code specifications with the Zoning Code specifications, relative to the number of parking spaces required. -8- 9/22/87 The Assistant City Attorney advised that current code provi- sions that deal with minimum parking requirements for a duplex will not be eliminated upon approval of this ordinance. At this point the roll was called to the motion. 16. 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-serve financial institution, 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. 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; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 77-87 is on file in the official Ordi- nance Book) The Assistant 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. 77-87 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. 17. Ordinance No. 78-87 - Amending 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 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. 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. (Copy of Ordinance No. 78-87 is on file in the official Ordi- nance Book) The Assistant 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. 78-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call -9- 9/22/87 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. 18. 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 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. 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. (Copy of Ordinance No. 79-87 is on file in the official Ordi- nance Book) The Assistant 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. 79-87 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. Mrs. Horenburger returned to the Commission Chambers at this time. 19. Nassau Street Historic District. A PUBLIC HEARING to designate Nassau Street area as a historic district in accordance with Chapter 31, Section 31-13(4), has been scheduled to be held at this time. Clemmer Mayhew, Chairman of the Historic Preservation Board, stated a public hearing was held on September 10, at which time all residents were represented and it was unanimously agreed that Nassau Street be designated as a historic district. Elizabeth Matthews, 1024 White Drive, stated she would like to remind the Mayor that some time ago she recalls a volunteer member, who had a fine background in Planning, suggested that the zoning on Nassau Street be changed due to the historic value of the homes; at that time the Council agreed and changed the zoning. She feels the City of Delray is very fortunate to be able to preserve the character of this street. The public hearing was closed. Mrs. Horenburger moved to approve Nassau Street as a historic district, 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, the Acting City Manager stated one of the requirements of the Historic Preservation Ordinance is a public adver- tisement by the Board prior to the hearing, which requires notifying those residents in the district, as well as those within 300 feet of the district. The next step will be to change the official zoning on First and Second Readings. -10- 9/22/87 Mr. Mayhew stated there are three properties on the street that are considered non-contributing and in a historic district there needs to be a significant number of buildings which are contributing. The response was unanimous in favor. The non-contributing buildings could be altered or modified; however, the Board will not insist that they become contributing. At this time the roll was called to the motion. 46. Site Plan Approval - Del Mar Apartment Project (Cardinal). The ~ommission is to consider a request for a 104 unit apartment complex on 11.6 acres, located east of the intersection of Albatross and Curlew and west of the FEC Railroad. Denial is recommended. Mr. Kovacs stated the P&Z Board has reviewed this item and recommends that it be denied. The applicant requested a continuance so some of the reasons for denial can be addressed. Jim Brady, the Attorney representing Cardinal Industries, stated he feels the site plan complies with the technical requirements set forth in the City Code, with the exception of a couple of minor changes. He feels it is a question of whether or not the City will allow that particular site to be developed, which is pristine and well-forrested. Trish Brainerd, 2665 Jaeger Drive, President of the Tropic Palms Homeowners' Association, stated she feels this project will destroy a truly rare eco system that is the moral obligation of the citizens to protect. Fred Cichocki, Chairman of the coalition for Wilderness Islands in Palm Beach County, stated very little of south Florida's native landscape remains. The natural character of the land is an important item. Delray Beach should acquire and protect the entire Cardinal Industries' tract as a Natural Areas Preserve. Some of the possibil- ities for acquisition are: 1) The City of Delray Beach could purchase the property; 2) The use of Severable Use Rights (Development Rights) by severing the Use Rights and allowing them to be sold or used on other property, or the market value can be reduced making it potentially purchasable; 3) Land Trade is a possibility. If there is public land available, the City could consider trading it, after upzoning it; 4) A tax covenant can be developed, whereas the City gives Cardinal Indus- tries an exemption, while negotiating other possibilities; 5) Another possibility is condemnation of the property, but that is not something the Wilderness Islands program advocates. He would like to see Delray become a leader in developing some method by which municipalities can acquire and retain their original domain. Mark Bennett, 522 Kingbird Circle, stated he agrees with Mr. Kovacs in that this parcel should never have been zoned RM-10 in 1979. The City has had numerous opportunities in the past to acquire or rezone this parcel and have chosen not to act or follow through with appropri- ate action. He asked the Commission to keep in mind that this developer is asking them to approve a project that will add 104 units to the existing number of homes in that neighborhood. The traffic study indicated that Albatross and Curlew Road will experience traffic in- creases of 32 percent and 22 percent. He feels if the site cannot be preserved in its current tranquility by purchasing it, then it must be preserved by decreasing the density. Paul Smith, 924 Jasmine Drive, stated he feels the Commission- ers are the residents' attorneys, is confident they will find a way to create a positive environment for this community and requested that they deny this project. Kathy Webber, 702 Dotterel Road, stated this property is something beautiful to behold. A traffic problem exists now and should not be impacted further. Mrs. Horenburger questioned whether the Wilderness Island Program has budgeted an amount for this program this year. -11- 9/22/87 Mr. Cichocki was not sure of the budget. He stated the County is looking into more creative means of acquisition other than funding with dollars and cents, and will be readily available to assist with Grant Funds, etc., in the future. Mr. Dougherty moved to approve the request for a 104 unit apartment complex, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - No; Mrs. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion failed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Dougherty, relative to the memo and its references as being legally intact and appropriate, the Assistant City Attorney stated that Mr. Kovacs indicated some of his comments have been addressed so these are factual findings. There are standards for evaluating the site plan that are contained in the City Zoning Code. These points address some of those standards. The memorandum may be used as a basis for considering this site plan. Mrs. McCarty stated she resides in the area under discussion and can personally attest to the fact that the traffic impact would be deadly if this project should be approved. The inconsistency with the policy guide, by this development going to 100 percent one-bedroom units, is inconsistent with the policy guide for this community and the demographic mix advocated for now and the future. Mr. Weatherspoon stated he feels the reasons mentioned for denying the project are indeed valid. He feels the developer did not originally intend to make a difficult situation for the current resi- dents, but rather to provide housing for young families, for which he feels there is a definite need. The entire concept has now shifted and while he is aware of the traffic impact, that impact is going to be present regardless of the location of the development. He does not feel that is a reason for denial. He opposes the amount of the rent, and while the original concept is excellent, he does not support the site plan in this particular location. Mayor Campbell stated he agrees that the Commission may need to look at long term changes as to what the objectives for this area might be. At this time his objection is solely on the site plan as presented to the Commission and he does not feel it fulfills the objectives with regard to proper landscaping requirements, traffic patterns, preserva- tion elements and/or the effect on the adjacent neighborhood. At this time the roll was called to the motion. Mayor Campbell declared a recess the time being 8:45 P.M. The meeting reconvened at 8:58 P.M. Mrs. Horenburger was absent from the Commission Chambers at this time. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 20. Requisition No. 24 - S. G. Phillips Constructors of Florida, Inc. The Commission is to consider authorizing payment of Requisition No. 24 in the amount of $19,183 for Regional Wastewater Plant Expansion. Approval is recommended. 21. Community Wellness Program. The Commission is to consider authorizing participation in the Community Wellness Program by the City, subject to approval of contract by the City Attorney's Office. 22. Contract With Mercer Slavin, Inc. The Commission is to consid- er approval of contract between the City and Mercer Slavin, Inc. to conduct search for City Manager. -12- 9/22/87 24. Community Development Block Grant Program Activities - Housing Rehabilitation Grant Award and Contract Award. The Commission is to consider approval of the following Housing Rehab Grant Award: Low Bidder Location Amount Frank Fidler/ 421 S.W. 8th Avenue $9,950 James Brown Funds are available in the Community Development Block Grant Program. Approval is recommended. 25. Community Development Block Grant Program - Statement of Policies and Procedures - Amendment ~1. The Commission is to consider Community Development Block Grant Program, a Statement of Policies and Procedures - Amendment 91. Approval is recommended. 26. .Community Development Block Grant Program Activity - Sidewalk Construction. The Commission is to consider award of contract for sidewalk construction along N. W. 8th Avenue and N. W. 3rd Street to the low bidder, Haywood Construction Company, in the amount of $15,900. Funds are available in the Community Development Block Grant Program. Approval is recommend. 28. Disk Drive for the IBM System 38. The Commission is to consid- er approval of purchase of an additional disk drive for the IBM System 38 from the low bidder, XL-Datacomp, in the amount of $17,260, with funds to come from the 1986-87 budget. Approval is recommended. 31. Road Construction - S. W. 7th Avenue Between S. W. 4th Street and S. W. 6th Street. The Commission is to consider award of contract to the low bidder, Charles S. Whiteside, in the amount of $18,171.25, with funds to come from the 1986-87 budget. Approval is recommended. 32. Variance for Proposed Boat Lift - 970 Bolender Drive. The Commission is to consider request for variance for a proposed boat lift to extend 13 feet into the Intracoastal Waterway. Approval is recom- mended. 33. Request for Solicitation of Funds - League of Women Voters of South Palm Beach County, Inc. The Commission is to consider a request for Solicitation of Funds for the League of Women Voters of South Palm Beach County, Inc., from November 5 through November 12, 1987. Approval is recommended. 34. Nuisance Abatement. Resolution No. 40-87, assessing costs for abating nuisances by removing 14 junked and/or abandoned vehicles, is before the Commission for consideration. The caption of Resolution No. 40-87 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; PROVID- ING 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 40-87 is on file in the official Resolution Book) 36. Halloween Street Dance. The Commission is to consider a request to hold a Halloween Street Party/Gala on October 31, 1987, which will involve closing Atlantic Avenue between Venetian Drive and Gleason Street from 6:00 P.M. and 1:00 A.M. and authorize staff to send letter -13- 9/22/87 to DOT, agree to Parks & Recreation Department assistance, and allow non-alcoholic refreshments to be sold on public property. 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. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA General Administration, Finance & Personnel Mrs. Horenburger returned to the Commission Chambers at this time. 23. City Attorney's Salary. The Commission is to consider approval of the City Attorney's salary in accordance with the Mayor's memorandum of September 11, 1987. Mayor Campbell stated two years ago the City Attorney did not receive an increase and last year it was two or three percent so he has been below the average that has been given department heads and other City Officials. The raise submitted in the memorandum reflects a comparable salary to other department heads. Mr. Dougherty stated he feels a percentage increase generally is not used in a classification plan of salaries as it causes a com- pounding of salary increases. He feels there should be a 20 percent spread between the salary of City Manager and the next highest staff person. If this is approved, the salary of the City Manager should be increased to a higher level in order to maintain a differential between his job responsibility which, he feels, far exceeds that of the City Attorney. Mr. Weatherspoon questioned how the City Attorney's salary will compare with the area City Attorneys. As this information was not readily available at this time, he did not feel comfortable with the eleven percent until he had more information to justify the increase. Mrs. Horenburger moved to approve the City Attorney's salary, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mrs. Horenburger stated the City Attorney has been with the City for eight years in that capacity and two years as Assistant City Attorney. She feels the depth of his knowledge, along with the fact that some time ago the City Council made a policy decision that because the Commission hires the City Attorney and the City Manager, they need to work more equally together and the salaries should be kept in line with each other. Mrs. McCarty stated on the basis of the organizational chart, both the City Manager and the City Attorney are equal and she feels the salaries should be comparable. Mr. Dougherty stated he feels the City Attorney is not on an equal to the City Manager in his responsibility to the City. Every compensation plan has an upper limit and many of the current employees have reached that limit, at which point they are restrained. There are a few employees that are in the $60,000 range and he feels the Commis- sion should look at the entire salary structure. He also stated that when he requested that this item be moved, he failed to mention that he wanted to request there be an Item 23A, Compensation for the Acting City Manager, to be considered tonight. With the Commission's consent he would like to look at that memorandum. -14- 9/22/87 The Assistant City Attorney advised it will be more appropriate to discuss this during the Commission session since it is not on the printed agenda. At this point the roll was called to the motion. 27. Acquisition of Community Dispatch Center Property. The Commis- sion is to consider approval of purchase of surplus radio equipment in the amount of $47,130 from dissolution of South Palm Beach County CDC to support Police/Fire dispatching, with funds to come from the 1986-87 budget. Approval is recommended. The Acting City Manager stated the reason he requested this item be moved was in order to change the funding from the 1986-87 General Fund to the Law Enforcement Trust Fund for 1987-88. Mr. Weatherspoon moved for approval of the purchase and a change in funding, 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. 29. Utility Tractor - Parks & Recreation Department. The Commis- sion is to consider award of contract to Broward-Palm Beach Tractor Company in the amount of $23,532 for a John Deere utility tractor with front end loader and back-hoe to be used at the cemetery. Funds are to come from the 1986-87 budget. Approval is recommended. Mr. Dougherty questioned why all the bidders, with the excep- tion of one, quoted a bucket less than required. Joe Weldon, Director of Parks and Recreation, stated the specifications clearly identified that the bucket must be a minimum of 36 inches in width. The garage felt that the 36 inch bucket would not fit on that model of tractor, so the bids were for a 24 inch bucket. Upon question, Mr. Weldon stated there has been a 36 inch bucket on the present equipment for ten years, with no apparent problem. Mrs. Horenburger moved for the approval of the contract, 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. 30. South Florida Water Management District Grant to the City. The 'Commission is to consider acceptance of grant offer in the amount of $53,000 for residential retrofit demonstration project from the SFWMD. Approval is recommended. Mr. Dougherty stated that per the memorandum, this requires the equipping of 1400 homes with water saving devices. If the administra- tive cost to the City is taken away, this leaves approximately $32 per home for the equipment at one and one-half hours per plumber. There is no way this can be accomplished in this length of time and at this cost. He feels there should be an understanding with the Water Management District that the City cannot equip 1400 homes. Robert Pontek, Director of Public Utilities, stated he made the proposal to the South Florida Water Management District along with Lake Worth and Miami-Dade and the City received all five of the first place votes for this particular proposal. The difficulty that has arisen, once the grant was awarded, is the fact that the City is required to provide the items to be retrofitted and the labor, but does not want to get into budgetary funds to supplement the grant. The City will assume responsibility to process bids and provide data for assembly, more realistically in the neighborhood of 300 to 400 homes. The main reason that it is before the Commission tonight is because SFWMD has an October 1st deadline for conceptual approval. A projection of $3500 to $5000 is the cost arrived at for expenses and exposure of actual manpower and computer time. It will be handled under the Utilities Department as an added duty. -15- 9/22/87 Mr. Dougherty moved to approve the offer to the extent of the $3500 cost to the City, with the understanding that there will not be 1400 homes involved, 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. 35. Insurance Program Renewal - 1987-88. The Commission is to consider approval of the following City insurance coverage: a. Renewal of the City's Workers' Compensation insurance through Florida League of Cities Self-Insurance Fund at an estimated cost of $400,000. b. Renewal of the City's Protected Self-Insurance through A.J. Gallagher at a combined cost of $164,312. c. Continuation of the City's Service Agreement with Gallagher-Basset for claims service, loss control and data management service at an estimated cost of $20,650. d. Renewal of the City's Boiler and Machinery policy at a cost of $3,162 to be renewed through Gallagher-Bassett. Total estimated cost of $588,124. Funds are to come from the Self- Insurance Fund. Approval is recommended. Mrs. McCarty left the Commission Chambers at this time. Mr. Dougherty questioned the reason for awarding a contract to Gallagher-Bassett for claim service, etc., without going for bids. Mr. Huddleston stated in October of 1985 it was the recom- mendation of both Staff and the Risk Management Consultant to proceed in this way and the Commission approved it. In July a memorandum was sent to the City Commission advising that they were going to continue with the procedure to negotiate, rather than to bid, which was the action taken by the Commission in September of 1985 and received no conflicting reply. Upon question by Mr. Weatherspoon, Mr. Huddleston stated it may have been possible to get a better offer if bids had been let, but this offer was lower than that of the prior year when they were unable to get bids. This was the recommendation of the outside consultant. Mrs. Horenburger moved to approve the insurance coverage, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger left the Commission Chambers at this time. 37. Lease Cars - Police Department. The Commission is to consider authorizing execution of agreement between the City and Sheehan Rent-A- Car, Inc., for leasing up to eight vehicles for the Organized Crime unit at a cost of $35,424 per year, with funds to come from the 1987-88 budget. Approval is recommended. Mr. Dougherty stated in this item, there is a notation of 15,000 miles, and he is curious as to the effect if the car is run beyond that number of miles. The Acting City Manager advised these are undercover cars, not patrol cars. Police Chief Kilgore, stated there is an availability of different cars on a daily basis and some of them are kept for a very short time. He does not feel that situation will occur. Mr. Dougherty moved for approval of the agreement, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. -16- 9/22/87 Mrs. McCarty returned to the Commission Chambers at this time. 38. Appeal to Decision of Community Appearance Board - Video Stop Movies. The Commission is to consider appeal of the CAB decision regarding sign. Ray Gomez, representing MacLaren Signs, stated that, even though the signs are drawn to scale when presented to the Community Appearance Board, they do not always appear to look exactly as they will. The applicant was a lease tenant in Boca Raton, has recently built a shopping center in Delray, and wishes to move his sign from Boca Raton to Delray. The sign is 20 inches, the CAB denied it and wants it to be 15 inches. Digby Bridges, Chairman of the Community Appearance Board, stated the sign was looked at very closely, and they were told the sign was 24 inches and that is what they wanted. There seems to be some inconsistency in the figures. The most important factor is the surround- ing signs and what needs to be considered. The twenty inches is far too great for the ratio of fascia to all the other signs. Mayor Campbell stated he does not see a distinguished differ- ence between the two sizes and is therefore inclined to approve it. He informed the applicant, if it is approved and does not look good, it will be addressed at a later date and he will be unable to retain it for any length of time, possibly the life of the sign. Mrs. McCarty moved to approve the sign of 20 inches, 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. Mrs. Horenburger returned to the Commission Chambers at this time. 39. Refuse and Trash Collection Service Contract. The Commission is to consider bidding refuse and trash collection service contract after conclusion of current contract which expires in October 1988. Mayor Campbell stated this item was discussed before and it was determined to increase the rate and amend the contract in two regards recognizing additional services, additional compensation and a request for a five-year extension. There was also a request that there be a clause inserted in the contract allowing the City termination rights, without cause, with proper notification and remuneration for out of pocket expenses. A new contract in concept was approved, subject to a formal contract being drawn up and coming back to the Commission for ratification. Some concern has been voiced on this and that is why it is on the agenda tonight. The Assistant City Attorney advised it should be decided whether to go out for bids or to continue with the negotiated element and why. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. Mr. Dougherty stated six months of surveys were conducted for this item. He had a discussion with the City Attorney in regard to this and since it is being done on an experimental basis, they felt that perhaps a five-year period was beyond an experimental time and a two- year period would be sufficient. Comments from a workshop indicated once a week pickup would not be sufficient. He feels the contractor should prepare himself with additional equipment, etc. A period of time must be allowed to educate the public as to the service. He has no objection to extending the current contract for a two-year period. Mr. Weatherspoon stated by reducing the length of the service contract, he assumes the cost of the service would go up, and he has a problem with that. He feels the City has a good rapport with the current company and is satisfied with what they are proposing. To open rebidding again is not always the solution. He feels granting the -17- 9/22/87 contract to the current Collection Service is in the best interest of the citizens. Mrs. McCarty stated there has been a problem with trash piles along with the Code Enforcement Department being tied up with the process of tagging, etc., and our priorities have shifted. She feels it is crucial to get this program underway. There seems to be no problem with their service or performance, their price is right and she would make a motion to approve this contract for a five-year period. Mr. Weatherspoon stated he would second the motion. The Assistant City Attorney advised this is a consensus item tonight and after the contract has been reviewed, it will be returned to the Commission for approval. The Commission concurred to continue on the same course and negotiate the contract rather than rebidding. 40. Towing Contract Bids. The Commission is to consider rejecting all towing contract bids and to direct staff to prepare City specifica- tions for rotation system. Mr. Dougherty moved to reject all bids and to direct staff to prepare City specifications for rotation system, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horen- burger - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time. 41. City Manager's Salary Range. The Commission is to consider salary range for City Manager. Proposed range is $60,000 to $70,000. Mr. Weatherspoon moved to approve the salary range for the City Manager, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Dougherty stated he would prefer to see the Commission establish a job classification range for the City Manager from a minimum of $57,000 to $85,500. He feels he has tried to evaluate the salary structure and attempted to incorporate all existing salaries into a hierarchy system and, as he stated earlier, the City Attorney is going to be making the same amount, if not more, than the City Manager. If the Commission wants the City Manager to be the executive director of the City, he feels to restrain the salary at $70,00 will not fly if there is a person with a higher salary than the City Manager. Mrs. Horenburger questioned if this figure will be locked in, or is this primarily being used to advertise the position of City Manager. The Assistant City Attorney stated the figure would not neces- sarily be locked in and feels the concern would be more along the lines of the persons who did not apply for the position,due to inadequate remuneration, and later learn that it was actually more than originally stated. Mayor Campbell stated his feeling is that this is a recommend- ation that was placed on the agenda by Mr. Mercer who is comfortable with it at this time. It does not impede the Commission in any way to negotiate increased benefits or salary at a later time. At this point the roll was called to the motion. Mrs. Horenburger moved to revisit the Consent Agenda, 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. -18- 9/22/87 Mrs. Horenburger moved to consider the Consent Agenda, as passed, minus Items No. 23, 27, 29, 30, 35 & 37, which were previously approved, deleting Item No. 36, 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. 36. Connie Tuttle, Chairman of the Downtown Development Authority, representing the Atlantic Avenue Association of the DDA, stated the intent was to have the second annual Halloween Street Dance over the Intracoastal Waterway to give consideration to those businesses as well as a new business, The Club Castile, who was going to assist with concessions. There seems to be much concern over noise and parking. She has consented to consider moving it back to the CBD area in the 300 or 400 block, depending on which restaurants will work with the Atlantic Avenue Association. Mrs. Horenburger moved to approve the change to an alternate geographic location, 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. 42. Voting Delegate - Florida League of Cities. The Commission is to consider selection of one Commissioner to serve as the City's Voting Delegate to the 61st Annual Florida League of Cities Convention in Miami, October 15-17, 1987. Mrs. McCarty moved to appoint Mr. Weatherspoon as the voting delegate and Mrs. McCarty as the alternate delegate, 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. 43. Ordinance No. 80-87 - Amending Code - Landlord Permit. Ordi- nance No. 80-87, amending Chapter 16 "Offenses Miscellaneous" of the Code of Ordinances to require that a landlord permit be obtained for dwelling units which are rented for residential purposes, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 13th. The Acting City Manager presented Ordinance No. 80-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES MISCELLAN- EOUS'' BY ENACTING A NEW ARTICLE III, "LANDLORD PERMITS" TO REQUIRE THAT A LANDLORD PERMIT BE OBTAINED FOR DWELL- ING UNITS WHICH ARE RENTED FOR RESIDENTIAL PURPOSES; PROVIDING PERMIT FEES; PROVIDING CRITERIA FOR GRANTING A PERMIT; PROVIDING FOR APPEALS FOR A DENIAL OF A PERMIT; PROVIDING FOR INSPECTIONS OF RENTAL PROPERTY; PROVIDING FOR PENALTIES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 80-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty stated that it has been brought to his attention that the Housing Authority would be subject to this ordinance. Under the HUD ground rules, with consideration to the inspections conducted by the Housing Authority and HUD, he would suggest that they not be subject to the permit fee. -19- 9/22/87 Mayor Campbell referred to Section 16-52 that states: "Nothing in this Section shall require a permit of any unit enrolled in a Federal Housing Program or under HUD general supervision." Mr. Dougherty stated that a citizen brought up the fact that certain landlords must have an Occupational License. He feels that the license should be written off against an equivalent number of permit requirements. The Assistant City Attorney stated the Occupational License is in the range of $3.00 per unit, so it may be simpler to go to $7.00 per unit in the Ordinance. Mayor Campbell suggested the Assistant City Attorney address the Ordinance for Occupational License fees and amend that particular section, taking into consideration that the fee is a credit. The Commission concurred. Mr. Dougherty referred to Sec. 16-51, indicating that not all of the property may be used as a residence, but possibly include some commercial use. The Assistant City Attorney stated, in his opinion, if it is a combination of uses, it will still be included. Mr. Dougherty referred to Sec. 16-55, stating he would suggest the City Engineer be eliminated from the Permit Review Committee and substitute the Chairperson of the Human Relations Committee. Mayor Campbell stated the Chairperson is not a Staff person and would not be covered for their decision making process as an employee. Mrs. Horenburger stated if anyone has a real problem, they can go to the Human Relations Committee or to the City Commission. If there should be denial of a Landlord Permit, as policy, they should be in- formed that they have an appeal process. The Assistant City Attorney was requested to alter the last sentence to read: "Decisions of the Permit Review Committee may be appealed to the City Commission." He advised this can be done without going back to First Reading. Mr. Dougherty also referred to Sec. 16-56, the next to the last line, that states the City may obtain the appropriate warrant; he feels it should read 'shall' or 'will' rather than may. The Assistant City Attorney advised the word 'may' is used because at the time of going for a warrant, you go in front of the judge and you must weigh whether you have an appropriate case. There may be cases that are unnecessary or not appropriate to take before the judge. The Commission concurred the language should be changed to read "the City shall attempt to obtain" .......... Mr. Weatherspoon questioned why a 48-hour notice is required for inspection when they are at the residence. The Assistant City Attorney stated the inspection section creates another reason for inspecting. If there is reason to suspect there is a rental unit and no Landlord Permit has been obtained, it gives another means of gaining access. Currently, that right is not available on the basis that it is rental property. At this point the roll was called to the motion. Planning, Development and Engineering 44. Ordinance No. 81-87 - Amending Zoning Code - Definition of Family. Ordinance No. 81-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to definition of family, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 13th. The Acting City Manager presented Ordinance No. 81-87: -20- 9/22/87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", SECTION 30-1 "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION (33) "FAMILY"; BY ENACTING A NEW SUBSECTION (33) "FAMILY" TO PROVIDE THAT FAMILY SHALL MEAN ONE (1) OR MORE PERSONS, RELATED IN A DIRECT LINEAL RELATIONSHIP, BY BLOOD, MARRIAGE OR ADOPTION TO THE HEAD OF HOUSEHOLD AND/OR FOR WHICH THE HEAD OF HOUSEHOLD MAY CLAIM AN EXEMPTION ON HIS/HER FEDERAL INCOME TAX RETURN, LIVING AS A SINGLE HOUSEKEEPING UNIT IN A DWELLING, WHICH MAY ADDITIONALLY INCLUDE TWO UNRELATED PERSONS, AND PROVIDING THAT PERSONS RESIDING WITH A FAMILY FOR THE PURPOSE OF ADOPTION, OR FOR FOSTER CARE AS LICENSED OR APPROVED BY THE STATE OF FLORIDA OR ANY PERSON WHO IS LIVING WITH A FAMILY AT THE DIRECTION OF A COURT FALL WITHIN THE DEFINITION OF FAMILY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 81-87 on First Reading, seconded by Mrs. McCarty. Mrs. McCarty stated she feels it would be appropriate to include a definition of a lineal family. It is her understanding this includes the head of the household, his parents, his children and his spouse that make up the lineal family. The Assistant City Attorney stated this was the intent. Mrs. Horenburger rescinded her motion, Mrs. McCarty rescinded her second. Mrs. Horenburger moved that the Commission go back to consider- ation of family by using Federal Guidelines relative to the definition of family, seconded by Mr. Weatherspoon. Mr. Dougherty suggested they forget about the definition of family and stay with the two persons per bedroom. Some sort of case by case law could be inserted to allow two additional children, if neces- sary. The Assistant City Attorney advised it would be unconstitu- tional if the City Commission did anything to deny a family with twelve children the right to live together. After discussion, the following substitute motion was made. Mrs. McCarty made a substitute motion to approve Ordinance No. 81-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - No; Mrs. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Mrs. Horenburger left the Commission Chambers at this time. 45. Parking Code Waiver - Horizon Club at Crosswinds. The Commis- sion is to consider a request for a parking waiver to allow a reduction in the amount of paved parking spaces from 377 to 251 (126 spaces). The property is located on the south side of Linton Boulevard, between Homewood Boulevard and the Spanish Wells development, subject to the two following conditions: 1. That a waiver by the City Commission of the parking is required. 2. If a need for additional paved parking is determined by the Chief Building Official it will be provided by the developer upon said determination. Planning and Zoning Board recommends approval. Mr. Weatherspoon moved to approve the waiver, subject to the applicant posting a one year bond to insure that the required -21- 9/22/87 improvements (the reserve parking spaces) will be installed, if neces- sary; and direct staff to proceed with preparation and review of a code amendment which addresses parking requirements for a continuing care facility, subject to conditions, 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. Before roll call the following discussion was had: The Assistant City Attorney stated he is not sure that a one year bond will allow enough time for the City to come up with a new ordinance. Upon question, he advised if the ordinance is not adopted within the one year time frame, the City will cash in the bond and pave the parking spaces. The amount of the bond will be determined when an estimate is submitted by the City Engineer. The Parking Code Waiver can be passed and then bring the bond back to the Commission for further evaluation. At this point the roll was called to the motion. 47. Sidewalk Waiver - Portion of Pelican Harbor, Phase 2. The Commission is to consider a request for waiver of sidewalk requirements for a portion of Pelican Harbor, Phase 2, located east of South Federal Highway between the C-15 Canal and Tropic Isle Drive. Technical Review Committee recommends approval. Mr. Dougherty moved for approval, 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. 48. Settlement Offer - Amos Franci.s vs City of Delray Beach. The Commission is to consider a settlement offer - workers' compensation claim in the amount of $55,000. The City Attorney and Risk Management Administrator recommend approval. Mr. Weatherspoon moved for approval of the settlement, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Commission Chambers at this time. 50. Collective Bargaining ~greement Between the City and IBF&O. The Commission is to consider ratification and authorization to execute collective bargaining agreement between the City and IBF&O, Local 1227 for fiscal year 1987-88. Approval is recommended. Mrs. Horenburger moved for ratification and authorization, 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. 51. .Collective Bayga~ning Agreement Between the City and FOP. The Commission is to consider ratification and authorization to execute collective bargaining agreement between the City and Florida State Lodge, FOP for fiscal year 1987-88. Approval is recommended. Mr. Weatherspoon moved for ratification and authorization, 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. PROCEDURAL ITEMS 52.a.1. Sylvia Wolf Herman, Pines of Delray, stated she is not a resident of the City of Delray; however, she is a neighbor and is appearing tonight to request the Commission to reaffirm their support -22- 9/22/87 against the widening and extension of Lake Ida Road. Next Tuesday the County Commission will be adopting the Five-year Road Plan and she will appreciate the City's input and support. 52.a.2. Robert Fine, member of the Board of Directors of Shadywoods, stated he feels the Commission should be aware of the tempers and attitudes of the residents of west Delray relative to Mr. Pugliese and his proposals for the intersection at Military Trail and Linton Boule- vard. They have recently learned there is a plan to construct a 92,000 square foot Albertson store with the possibility of a rental liquor section and two fast-food shops. Originally this was planned to allow rental housing and, through fear of poor upkeep, the community panicked and went along with a zoning change from residential to commercial. At that time it was indicated that the developer was to construct an office building and specialty shops. They are asking the City to do whatever possible to see that Mr. Pugliese does what he verbally indicated. 52.a.3. Helen Coopersmith, 1222 South Drive Way, representing PROD, referring to Mr. Fine's comments, stated she feels now is the time for the City Commission to pursue the 'Use it or Lose it' issue. She feels that when an applicant presents a site plan, they should be held to it. She was told there were three ways this could revert back to resi- dential: Mr. Pugliese can do this himself, it can go through the P&Z Board or it can go before the Commission, by petition. She feels the residents of Shadywoods were given false hopes and there must be some way to correct this. 52.a.4. Alice Finst, 707 Place Tavant, stated she understands the meeting in regard to the five year plan for Lake Ida Road is to be held next Tuesday. It was made clear at a previous meeting that the City Commission was not represented, indicating it was not behind its state- ment. There are thousands of people in the area that do not want this road and they are looking to the Commission for help. She also reminded the Commission that the City name is not yet on the markers at the entrances to the City. Mayor Campbell stated the Commission has taken an official stand in response to the interests of the Community, it has been put in writing and he feels it is perfectly clear that they are not in favor of the road extension. He encourages everyone to attend and feels it is unfortunate that, as a Federal Governmental Body, they will not recog- nize the City's correspondence and their official position but requires people to be there in person to speak. 52.a.5. Daniel Morgan, 125 S. W. llth Avenue, stated he has a concern with regard to traffic entering Lake Ida Road in the area of Jefferson Manor. He feels it is a very dangerous approach, not only because of the curve, but also because of poor lighting. Mayor Campbell stated the Commission will be discussing this. 53. Mrs. Horenburger moved to approve the minutes of the Special Meeting of September 1, 1987, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 54.a.1. Mr. Dougherty stated he would like to bring up the compensation for the Acting City Manager. He feels the memorandum the Mayor present- ed to the Commission is appropriate. Mayor Campbell stated unless there is an emergency, the Commis- sion cannot vote, so is suggesting a Special Meeting for business purposes be called prior to the Tuesday Workshop. The Assistant City Attorney advised if the Commission wants an emergency matter, the Acting City Manager cannot get paid according to the pay schedule on October 2, as all the other employee increases. Mr. Weatherspoon stated he feels there should be compensation, but normally this is addressed by his superior during his evaluation time frame. He feels it is inappropriate to state up front that he will -23- 9/22/87 be given a certain amount of money for Acting City Manager until the beginning of the year. He feels that as Assistant City Manager, it is within the scope of his duties to step in when needed and his salary reflects this. Mayor Campbell stated after doing some checking, he finds there are some employees who have time periods in their contracts, stating that after a specific number of days they advance to a higher pay grade. This happens to be in the contract of the Acting City Manager. It will be placed on the agenda for consideration next Tuesday. 54.a.2. Mrs. McCarty stated it was brought to the attention of the Commission that Virginia Courtenay, alternate on the CAB Board, would like to move up and Sid Soloway and Phyllis Plume are up for reappoint- ment as members of the P&Z Board. Perhaps those positions could be taken care of at the next meeting. Mr. Dougherty stated he feels the whole concept regarding appointees has been lost. He feels that before a member is moved up or reappointed, there should be a review or a recommendation from the Chairperson of that Board. Mayor Campbell stated it will be placed on a Special meeting for consideration. 54.a.3. Mrs. McCarty questioned if the Assistant City Manager could be designated as an Interim City Manager during this time rather than Acting City Manager. Seeing no problem, the Commission concurred and Mayor Campbell requested that it be so noted on the meeting schedule. 54.a.4. Mrs. Horenburger stated at the County Commission meeting last week, with regard to Lake Ida Road, she read the Mayor's letter confirm- ing the City's position and asked that they improve the section from Swinton Avenue to Congress Avenue. The County Chairman stated the plan is done, has been approved on First Reading, and they have no intention of changing it. She then informed the County Commission that the City is concerned because what was requested has not been included or was never addressed. At that time, the County Engineer asked if they do the improvements from Swinton to Congress, will the City Commission support the County on the remainder of the improvements. She replied that she would present it to the City Commission and get their input before she could give them an answer. 54.a.5. Mrs. Horenburger stated the Chamber is proposing something similar to the Directions '86 Conference that was held in Port St. Lucie two years ago. This was a very productive meeting and resulted in the School Bond, the County-wide Planning Council and other important items that affect everyone. She would hope that the City would support this. 54.a.6. Mrs. Horenburger stated there is a fallen traffic light at the intersection of Atlantic Avenue and Gleason Street. She requested that persons responsible for maintenance be contacted and recommend an inspection program be activated to prevent a reoccurrence of this. 54.a.7. Mr. Weatherspoon stated he had requested that Staff provide some information in regard to schools. The Acting City Manager indicat- ed they are working on this. 54.a.8. Mayor Campbell stated there is an alternate lay member, Mr. Cohen, on the Code Enforcement Board who would like to be moved up. This will be put on Tuesday's agenda for consideration. 54.b. There were no Non-Agenda Items from the Assistant City Attor- ney. 54.c. There were no Non-Agenda Items from the Acting City Manager. Mayor Campbell declared the meeting adjourned at 11:15 P.M. -24- 9/22/87 lekk 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 September 22, 1987, said City Commission of 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. -25- 9/22/87