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10-13-87 OCTOBER 13, 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 7:07 P.M., Tuesday, October 13, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger (Arrived 7:20 P.M.) Commissioner Mary McCarty (Arrived 7:13 P.M.) 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 Reverend John Scott, St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a. Mayor Campbell presented a proclamation proclaiming the week of November 8-13, 1987, as "Jewish War Veterans and Jewish War Veterans of America Week". 4.b. Mayor Campbell presented a proclamation proclaiming the week of October 18-24, 1987, as "Financial Independence Week". 5. Mayor Campbell stated he has received a request to move Item 38 to the beginning of the Regular Agenda. Mr. Weatherspoon moved to approve the agenda, with Item 38 moved to the beginning of the Regular Agenda, seconded by Mr. Dougherty. 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. Mrs. McCarty arrived at this time. PUBLIC HEARING 6. 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. 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 (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 30-11 "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 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 MacLeod, Tropic Bay, stated she would like to request that the Commission amend this ordinance and have it refer only to commercial businesses accessing onto residential streets. This is the way the ordinance reads now and she believes it is the best way. 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. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 4 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty stated that on first reading the question of multiple family access was raised and it was his understanding that they were going to eliminate it. He would suggest that they delete the multiple family designation. Mr. Weatherspoon suggested that they vote against the ordinance and have staff modify it. Mayor Campbell stated that, after talking with Mr. Kovacs, he feels it may be appropriate to defeat the ordinance and begin again. At this point the roll was called to the motion. Mrs. Horenburger arrived at this time. 7. Ordinance No. 80-87 - Amending Code - Landlord Permit. O~dinance 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 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. 80-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES MISCEL- LANEOUS'' BY ENACTING A NEW ARTICLE III, "LANDLORD PER- MITS" TO REQUIRE THAT A LANDLORD PERMIT BE OBTAINED FOR -2- 10/13/87 DWELLING 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. (Copy of Ordinance No. 80-87 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. James Bowen, 116 Marine Way, stated he has been buying a license to operate a rental business for residential purposes for 28 years. He has no objections to this ordinance if it helps clean up what it is aimed to clean up, nor to the increase in his license tax; how- ever, no credit is given for the license he has already bought. Carolyn Young, 3556 Lakeview Drive, representing the West Side Coordinating Council, stated they believe this ordinance is discrimina- tory in nature and feels it should cover all housing units in the City, not just rental units. They also feel that perhaps they do not need a new ordinance, they need to enforce the existing housing codes. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 80-87, seconded by Mrs. McCarty. Mayor Campbell stated he would like staff to follow up on what Mr. Bowen said. He feels it is appropriate and it can be done through administrative review. The City Attorney advised that it is being processed in the nature of an ordinance which would reduce the occupational license tax. He stated that the Development and Inspection Department asked him if the annual fees could be one year from the date of issuance which would be November 1st. For administrative purposes, they do not want to have them come in every day; they would rather have them all renewed annual- ly. Mrs. Horenburger stated the problem with that is that if someone purchases the license the day before the annual date they have paid a whole year for a day. The City Attorney stated if the Commission wishes to provide for pro rations he would have no problem with that. Mr. Dougherty suggested they pro rate it per quarter. Upon question, the City Attorney advised they could amend Section 16-53 to state that permits shall be for one year from the date of issuance on November 1 of each year, with the fee to be pro rated quarterly. Mrs. Horenburger amended her motion as advised by the City Attorney, 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 - Abstained; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. (Note: Mr. Weatherspoon advised he will not be voting on this ordinance due to a possible conflict of interest). Before roll call the following discussion was had: Mr. Weatherspoon stated that under the current ordinance, if someone purchases property which already had a license, the new owner would have to get a permit. He feels the permit should be transferable, at least within that same year. Following discussion, Mr. Dougherty stated he feels they should leave that section as is because, at best, they would be talking about -3- 10/13/87 one quarter. Mayor Campbell suggested leaving it as is now that it has been pro rated; if it does produce examples of hardship they can amend the ordinance. Mr. Dougherty stated, as part of the approval, they should direct the administration to implement the reconciliation of the fees under occupational licenses. Mayor Campbell stated they have already directed staff to do so. At this point the roll was called to the motion. 8. 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 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. 81-87: 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 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. Carolyn Young stated she is totally opposed to this ordinance. She understands why they are trying to redefine family and that there is a targeted group of people which this definition may be geared to. However, she feels it discourages young people from moving into Delray and needs to be relooked at. C. Spencer Pompey questioned whether or not the City has the people or expertise to deal with the problems. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 81-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Mr. Weatherspoon stated he feels they should not change the existing definition of family; they should wait to see how the other changes they have implemented will affect the City. Mr. Dougherty stated they are trying to control the number of people occupying a residence. To do so, they basically use the bedroom as a criteria; two persons per bedroom. He feels this would be a more reasonable definition and one they do not have to struggle with trying to determine whether or not there is a relationship. He has a problem trying to tie it down to the lineal relationship. Mrs. McCarty stated that sometimes there are more than two people per bedroom and they are all family; you would then need a definition. -4- 10/13/87 Mr. Dougherty stated he feels they have to make a decision based on which situation is predominant; are they going to have more families by lineage or two per bedroom. He is not sure what the statis- tics are and, if he did, perhaps he would go with the lineage more than two per bedroom. Mayor Campbell stated if they say, ultimately, the most impor- tant element is the preservation of the quality of life in this com- munity then they have to see a directional change. He does not think they want to aim at being the boarder capital of South Palm Beach County. This ordinance originally was to discourage college students. Even if they do not approve of the ordinance, he would hope that the concept would be such that they agree that their primary concern is to protect the existing families and not become an attractive place for future boarding homes. Mrs. Horenburger stated she has a concern about the lineal relations. She questioned if they could save the integrity of the ordinance and remove the word lineal. Mayor Campbell stated perhaps they should postpone this for two weeks to study it further; if they are still uncomfortable with it they can defeat the ordinance. Mrs. Horenburger withdrew her motion, Mrs. McCarty withdrew her second. Mayor Campbell requested that the ordinance also be placed on next week's workshop meeting. Mrs. Horenburger moved to postpone second and final reading of Ordinance No. 81-87 to October 27 at 7:00 P.M., 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, Mr. Weatherspoon requested that they have some factual data available for next week's meeting. The City Attorney stated that if the Commission could give him some hypothetical situations he could try and figure out how they would or would not fit under the current versus the proposed ordinance. At this point the roll was called to the motion. CONSENT AGENDA Mrs. Horenburger moved to reconsider the agenda, 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. Mrs. Horenburger requested that Item 10 be removed from the Consent Agenda and placed on the Regular Agenda. Mr. Dougherty request- ed that Items 11 and 17 be removed from the Consent Agenda and placed on the Regular Agenda. Mrs. Horenburger moved to approve the agenda, as modified, 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. The following items are to be considered by the Commission as the Consent Agenda: 9. Request for Solicitation of Funds - Amara Shrine Temple A.A.O.N.M.S. The Commission is to consider approving solicitation of funds from October 13 through 17, 1987. Approval is recommended. -5- 10/13/87 12. A-1-A Sidewalk Project. The Commission is to consider award of a contract to the low bidder, Henry Haywood, Inc., in the amount of $11,400.00 for replacement of existing asphalt sidewalk on A-1-A at Atlantic Avenue with paver blocks. Funding to come from the Beach Restoration Fund interest. Approval is recommended. 13. Communication from Planning and Zoninq Board re: Parcel of Land on Lake Ida Road. The Commission is to consider communication from Planning and Zoning Board regarding a six acre parcel, more or less, located south of Lake Ida Road, east of 1-95. 14. Abandonment of Utility Easement - Lots 11 and 12, Pine View Subdivision. Resolution No. 43-87, abandoning a 6 foot utility easement lying along the north line of Lots 11 and 12, Pine View Subdivision, is before the Commission for consideration. The caption of Resolution No. 43-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A SIX (6) FOOT UTILITY EASEMENT LYING ALONG THE NORTH LINE OF LOTS 11 AND 12, PINE VIEW SUBDIVISION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 12, PAGE 89, LESS AND NOT INCLUDING THE EAST FIVE (5) FEET THEREOF. (Copy of Resolution No. 43-87 is on file in the official Resolution Book) 15. Hazardous Waste Removal. The Commission is to consider award of a contract to Chemical Waste Management, Inc., for removal services of municipally generated hazardous chemicals and waste, site clean-up, containment and disposal. This is a time and material contract which will be based on actual cost of services. Funding to come from individ- ual departments generating waste and major incident cost to be funded with Emergency Contingency Funds. Approval is recommended. 16. Change Order No. 1 For 1986 Sidewalk Project. The Commission is to consider authorizing payment of Change Order No. 1 in the amount of $4,034.20 to Henry Haywood for miscellaneous additional work for the 1986 Sidewalk Project. Funds to come from the 1987-88 General Construc- tion Fund. Approval is recommended. 18. Dixie Boulevard Improvements. The Commission is to consider authorizing preparation of plans and authorizing negotiations for acquisition of property for construction of a cul-de-sac on Dixie Boulevard eliminating connection to Swinton Avenue. Approval is recom- mended. 19. Depot Road Clean-Up. The Commission is to consider award of a contract to the low bidder, Tire Disposal Service, for clean up of Depot Road in the amount of $19,500, with funding to come from the Sanitation Fund and authorizing placing lien on properties for service provided. Approval is recommended. 20. Balance of Retainaqe Due General Contractor For Public Safety Facility. The Commission is to consider payment of balance of retainage due Milne and Nicholls, General Contractor, for the Public Safety Facility in an amount not to exceed $27,701.81. Funds are to come from the 1985 General Obligation Bond. Approval is recommended. Mrs. Horenburger moved to approve the Consent Agenda, as modified, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 38. Conditional Use - Delray Plaza. The Commission is to consider a request for a storage building as an ancillary use to the retail -6- 10/13/87 businesses in the Delray Plaza Shopping Center, South Federal Highway, just north of Ralph Buick. The Planning and Zoning Board recommend denial. David Kovacs, Director of Planning and Zoning, stated there was a site plan as a part of the submission and the P&Z Board action was denial of the total package. Mr. Weatherspoon moved to approve the P&Z Board's recommenda- tion of denial, seconded by Mrs. McCarty. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. Skip Jackman, 4160 N. W. 2nd Avenue, Boca Raton, representing the Weibelts who own Delray Plaza, asked the Commission to postpone consideration of this request to allow the applicants an opportunity to go back to P&Z. They feel they now have a site plan that will meet a lot of the criteria P&Z required. Mr. Kovacs stated, according to the staff report, an alterna- tive action would be to deny the project, which would require the applicant to pay a new fee and go through the total process again. A second alternative &nticipated was that there might be a new site plan submittal, addressing some of the design concerns that were mentioned. If the Commission feels that the issue at hand is one of design, and compatibility of design rather than use, it would be appropriate to send it back to the P&Z Board. If the Commission has concerns other than design, it would be more appropriate to take action reflecting the use issue. Mr. Dougherty questioned which category P&Z based their denial on. Mr. Kovacs stated the Board was divided on the grounds of use and design. The final action was based on inadequate parking and circula- tion, which are design matters. They also discussed compatibility with adjacent properties, so both factors were included. Mr. Weatherspoon withdrew his motion, Mrs. McCarty withdrew her second. Mr. Weatherspoon moved to postpone the request until the administration puts it back on the agenda. The motion died for lack of a second. Mrs. McCarty moved to deny the request based on the recommenda- tion of the P&Z Board, 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 - No. Said motion FAILED by a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated if the Commission denies the request, the applicant then must repay a fee and go back through the entire process. He feels the Commission is not encouraging business by doing this, unless there is a problem with the use. Mr. Dougherty stated part of the P&Z's decision to deny this was based on the use. Mr. Weatherspoon stated that the applicant has stated there is a new site plan and the Code does allow the use. He can see no problem in allowing the applicant to go back to the P&Z Board. Mrs. McCarty stated she wants the applicant to know up front that she has a problem with the use and she does not want to lead him on and then deny him on some technicality at a later date. Mayor Campbell returned to the Commission Chambers at this time during the discussion. Mr. Jackman stated they went through a lot of problems and time in order to change the design of the property to something which was acceptable to the City. They are working out a design problem on a -7- 10/13/87 piece of property which was approved for storage. They feel they can arrive at a compatible solution between the neighbors and the owners of the property. To deny them the opportunity to do this is to say openly that they do not like the use of the property. Therefore, what the Commission did was grant them the use of the property and now they do not want to. He feels this is unfair to the applicant to not allow him to pursue the avenue which was directed when he got the zoning change. Upon question by Mayor Campbell, Mr. Jackman advised there is no access from this property to Spanish Trail. Mrs. Horenburger stated one of the reasons the Commission changed the zoning on this property was the fact that it was a strip shopping center which had been developed several years ago and one of the problems they had was back-out parking. The large delivery vehicles would have to back-out onto U.S. No. 1 and cause a hazard to traffic. The other problem was that the residents to the east wanted to be assured that there would not be any of that traffic going through their areas. A compromise was worked out that there would be closure along the street to the east and the ability for the vehicles to turn around. She has no problem with denying the current site plan; however, she feels it should go back, be redone and re-reviewed by Planning and Zoning and the residents who have a concern. At this point the roll was called to the motion. Mrs. Horenburger moved for continuation and referral of this item back to Planning and Zoning, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call, Mayor Campbell stated he would agree with most of what the Planning and Zoning Board has stated with regard to the objections to the site plan. However, he has no problem with giving the applicant another opportunity if they so wish. At this point the roll was called to the motion. 10. Adoption of Rules for Code Enforcement Board. The Commission is to consider adopting the Rules for the Code Enforcement Board. Approval is recommended. Mrs. Horenburger stated that on Page 3, under Article IV, regarding Absences and Removal from Office, the Commission tried to make a case that they need to have staff bring to their attention absences and vacancies. It has been her experience that when someone is absent three times the Board waits for someone to do something about it. She would like to suggest that they change this Article to read "If any regular board member fails to attend two out of three successive meet- ings the member's office shall be deemed vacant and the City Council shall promptly fill such vacancy." The article presently reads "without cause and without prior approval" and she has a problem with this and questioned how broad is cause. Assistant City Attorney Ruby stated that it is not defined very succinctly; however, the language is taken verbatim from the Code of Ordinances. To change the language, they would have to change the Code. It was the consensus of the Commission to change the language. Mrs. McCarty questioned if the secretaries of the boards are going to notify the Commission of the attendances and vacancies. The Acting City Manager stated he could have the Board Secretary notify the City Manager's Office when someone does not attend a meeting and he can notify the Commission. Mrs. McCarty stated she would like to get, once a month, a report of absences. Mrs. Horenburger stated she also has a problem with some of the language regarding violations in Section 2 on Page 7. -8- 10/13/87 Assistant City Attorney Ruby advised that this is the exact verbiage from the State Statutes and they cannot amend this. Mrs. Horenburger left the Commission Chambers at this time. Mayor Campbell questioned if it is a mandatory action on the part of the Commission to approve these rules. Assistant City Attorney Ruby advised it is not; however, it is provided for in the City's ordinances that the Code Enforcement Board can adopt rules and that if they do so they need the Commission's approval to become effective. Mr. Weatherspoon moved for the adoption of the Rules for the Code Enforcement Board, as amended, 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. 11. Sponsorship/Sunshine Cup Championship. The Commission is to consider and authorize cash sponsorship for the 1987 Sunshine Cup Championship in the amount of $7,500. Funds are to come from the 1987-88 Parks and Recreation Department budget. The City Manager is authorized to make necessary budget adjustments as needed to prevent any possible over expenditure. Mr. Dougherty stated this discussion can also relate to Item 17. He stated that the Commission has adopted a policy of limiting the City's contributions, on an annual basis, to 1% of the ad valorem tax. Mayor Campbell advised these items were not deemed charitable contributions. Mr. Dougherty stated he cannot recall that they related this strictly to charitable contributions. They decided they were going to put some guidelines down so that the Commission would not be nickeled and dimed to death. Mrs. McCarty stated they discussed this at the last workshop meeting, at which Mr. Dougherty was not present, and this was a concern of Mr. Weatherspoon and Mrs. Horenburger. They decided that a way to address this would be to have the funds come out of the Parks and Recreation budget. Mr. Weatherspoon moved to authorize a cash sponsorship for the 1987 Sunshine Cup Championship in the amount of $7,500, with funds to come from the Parks and Recreation Department budget, 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 Acting City Manager clarified that later in the year the Manager will be able to make budget adjustments, as necessary, to cover any possible over expenditures. They will take the money from the Parks budget in the equipment side. If, later in the year, Mr. Weldon's budget has a surplus due to expenditures not being made in other areas they will transfer the money back in to make up the difference. At this point the roll was called to the motion. 17. Request from Vietnam Veterans of America, Palm Beach Chapter 25 for Donation. The Commission is to consider authorizing $500 to help defray costs for "The Moving Wall" exhibit. Funding to come from the Commission Contingency Account. Mr. Dougherty moved to authorize $500 to help defray costs for "The Moving Wall" exhibit, with funds to come from the Commission Contingency Account, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. General Administration, Finance and Personnel -9- 10/13/87 21. Addendum #7 to Waste Management Garbage Contract. The Commis- sion is to consider authorizing execution of Addendum #7 to Waste Management Contract to provide continuous trash and garbage pickup services. Approval is recommended. Mr. Weatherspoon moved to approve Addendum #7 to Waste Manage- ment Garbage Contract, 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. Mrs. McCarty left the Commission Chambers at this time. 22. Ordinance No. 82-87 - Amending Code - Garbage and Trash. Ordinance No. 82-87, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to increasing fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 27th. The Acting City Manager presented Ordinance No. 82-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", SECTION 12-15, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASES IN GARBAGE AND TRASH SERVICE CHARGES AND FEES; AND BY AMENDING SECTION 12-19, "COLLECTION CHARGE FOR BAD CHECKS", TO PROVIDE FOR AN INCREASE IN THE COLLECTION CHARGE FOR BAD CHECKS; 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. 82-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 23. Ordinance No. 86-87 - Amending Code - Increasing Permit Fees. Ordinance No. 86-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to increasing permit fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 27th. The Acting City Manager presented Ordinance No. 86-87: 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 II, "BUILDING CODE", SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 107.4, "SCHEDULE OF PERMIT FEES", SUBPARA- GRAPHS (c) (I) , (II), (III) , (IV) , (V) , (VI) , AND (IX) , TO MODIFY PERMIT FEES FOR NEW BUILDINGS AND ADDITIONS, MISCELLANEOUS PERMITS, SUB TRADE PERMITS, PERMIT FEES FOR LONG-TERM PERMITTING, PERMIT FOR MOVING OF BUILDING OR STRUCTURE, PERMIT FOR DEMOLITION OF BUILDING OR STRUCTURE AND CERTIFICATE OF OCCUPANCY; BY AMENDING ARTICLE III, "GAS CODE", SECTION 9-31, "ADOPTED", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING ARTICLE IV, "MECHANICAL CODE", SECTION 9-42, "ADOPTED", SUBSECTION 106.3, "SCHEDULE OF PERMIT FEES", SUBPARA- GRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING ARTICLE V, "PLUMBING", SECTION 9-54, "CODE AMENDED" , SUBSECTION 113 . 4 , "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c) , TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; SECTION 9-67, "WELLS FOR POTABLE WATER" , SUBPARAGRAPH (g) , "PERMIT FEES" , TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; AND SECTION -10- 10/13/87 9-68, "WELLS FOR NONPOTABLE WATER AND SPRINKLER SYSTEMS", SUBSECTION (e), "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; AND BY AMENDING ARTICLE VI, "ELEC- TRICITY'', DIVISION II, "PERMITS AND INSPECTIONS", SECTION 9-100, "PERMIT FEES GENERALLY", SUBSECTIONS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; 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. 86-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 24. Ordinance No. 87-87 - Amending Code - Increasing Permit Fees for Movinq Buildings. Ordinance No. 87-87, amending Chapter 9 "Build- ings and Construction" of the Code of Ordinances relative to increasing permit fees for moving buildings, is before the Commission for consider- ation on First Reading. If passed, Public Hearing will be held October 27th. The Acting City Manager presented Ordinance No. 87-87: 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 XIV, "MOVING BUILDINGS", SECTION 9-501, "PERMIT FEE", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE; 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. 87-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Mrs. McCarty and Mrs. Horenburger returned to the Commission Chambers at this time. 25. Ordinance No. 88-87 - Amending Code - Tree Removal Permit Fees. Ordinance No. 88-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to tripling the fee for tree removal when work has begun without a permit, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 27th. The Acting City Manager presented Ordinance No. 88-87: 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 XI, "TREE AND SHRUB REMOVAL AND PROTECTION", SECTION 9-394, "PERMIT REQUIRED FOR REMOVAL", TO ADD A NEW SUBPARAGRAPH (e), "FEE TO BE TRIPLED WHERE WORK BEGUN WITHOUT PERMIT", TO PROVIDE FOR FEES TO BE CHARGED WHERE WORK BEGINS WITHOUT A PERMIT; SECTION 9-397, "RELOCATION OR REPLACEMENT OF TREES", TO PROVIDE FOR AN INCREASE IN THE REMOVAL FEE; AND SECTION 9-399, "TREE REMOVAL PERMIT FEE", TO PROVIDE FOR AN INCREASE IN THE REMOVAL PERMIT FEE; 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. 88-87 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. -11- 10/13/87 26. Ordinance No. 89-87 - Amending Code - Increasinq Permit Fees for Tents and Temporary Structures. Ordinance No. 89-87, amending Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to increasing the permit fees for tents and temporary structures, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 27th. The Acting City Manager presented Ordinance No. 89-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCEL- LANEOUS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", SECTION 16-3, "ASSEMBLIES IN TENTS, TEMPORARY STRUC- TURES'', SUBPARAGRAPH (C), "PREREQUISITES TO APPROVAL", SUB-SUBPARAGRAPH (3), "BUILDING DEPARTMENT", TO PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; 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. 89-87 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. 27. Setting Policies and Procedures Relative to Selection of Members for City's Boards, Committees and Commissions. Resolution No. 42-87, setting forth policies and procedures relative to selection of members to City Boards, Committees and Commission, is before the Commis- sion for consideration. The Acting City Manager presented Resolution No. 42-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AND SETTING FORTH ITS POLICIES AND PROCEDURES WITH REGARD TO SELECTION OF MEMBERS FOR THE CITY'S BOARDS AND COMMITTEES; PROVIDING FOR THE TRANSMITTAL OF COPIES OF THIS RESOLUTION. (Copy of Resolution No. 42-87 is on file in the official Resolution Book) Mrs. McCarty moved for the adoption of Resolution No. 42-87, 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 - No. Said motion passed with a 4 to 1 vote. Planning, Development and Engineering 28. Appeal From Decision of Community Appearance Board - Byrons Furniture Plaza - Siqn. The Commission is to consider appeal of the Community Appearance Board decision regarding sign. Upon question by Mayor Campbell as to whether or not the applicant is present tonight, the City Attorney advised it appears they are not and, therefore, they can either pass over the item or make a decision based on the facts on the record. Mrs. Horenburger moved to ratify the decision of the Community Appearance Board, seconded by Mr. Weatherspoon. Mr. Weatherspoon stated his concern is that if the applicant was not informed that this item would be on the agenda tonight then they would not be here to defend themselves. The Commission was advised that the applicant was not notified this item would be on the agenda. -12- 10/13/87 Mrs. Horenburger made a substitute motion to continue Item 28, pending notification to the applicant, 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. Appeal From Decision of Community Appearance Board - Pelican Harbor Shoppes - Sign. The Commission is to consider appeal of the Community Appearance Board decision regarding sign. Digby Bridges, Chairman of the CAB, stated that they rejected the sign because of the size. It does meet the Code, however, they felt it was too large. Upon question by Mr. Dougherty, Mr. Bridges stated the CAB agreed to allow them to have a sign of 60 square feet. They did tell the applicant that they would prefer to just have the name of the shopping plaza on the sign, not all the tenants. Ray Gomez, MacLaren Signs, representing Alfred Wenk, owner of Pelican Harbor Shoppes, stated that when they first drew the sign it was on two poles and measured 90 square feet. According to the frontage they have on the property they would be allowed approximately a 150 square foot sign. The CAB keeps comparing their sign to others in the area which are not shopping centers and do not have the same square footage. They would like to put up the name of the shopping center and give the different tenants some exposure on the sign; 60 square feet would not allow them to do this. If they could come in between the 150 square feet which is allowed by the Code and 98 square feet which is what their sign is, they would be happy. Mrs. Horenburger moved to support the decision of the Community Appearance Board, seconded by Mrs. McCarty. Upon roll call the Commis- sion 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: Mr. Dougherty stated the CAB is asking for 60 square feet and the applicant is asking for 98 square feet. He feels that the CAB's request is very subjective and, perhaps, they should go with 80 square feet which makes a nice compromise. Mrs. McCarty stated when they are talking about signs they need to look at where the sign is going to be placed and what is in the surrounding area. She feels that a huge sign in that area will add to the congestion which is already there and she is in favor of supporting the CAB's decision. It is a subjective decision; however, it is compat- ible with the surrounding area. Mrs. Horenburger stated that they have to remember that the Code gives the maximum allowed and does not automatically make it allowable. Mr. Weatherspoon questioned if the applicant would consider making their sign a monument sign if they were allowed an additional 20 square feet. Mr. Gomez stated they could do that; however, when you make it a monument sign it will be measured from the ground. Therefore, they are giving him an additional 20 square feet, but taking it away by asking for a monument sign. At this point the roll was called to the motion. 30. Ordinance No. 83-87 - Sherwood Park Plaza Rezoning. Ordinance No. 83-87, relative to rezoning a 3.04 acre parcel from SAD (Special Activities) District to GC (General Commercial) District, located at the southeast corner of Congress Avenue and Lowson Boulevard, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 27th. The Acting City Manager presented Ordinance No. 83-87: -13- 10/13/87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN GC (GENERAL COM- MERCIAL) DISTRICT A PARCEL OF LAND LYING AND BEING IN THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED ON THE SOUTHEAST CORNER OF CONGRESS AVENUE AND LOWSON BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 83-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - No; Mrs. Horenburger - No; Mrs. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 5 to 0 vote. Before roll call the following discussion was had: Mayor Campbell stated he would urge the Commission to reject this ordinance. He feels that they could get into a pawn shop situa- tion. They discussed, at length, the subject of certain activities in this area when they set up the SAD and decided not to go to General Commercial. Mr. Weatherspoon stated he got the impression, from reading some literature from the Planning and Zoning Department, that if they rezoned this parcel to GC it would not necessarily mean a pawn shop could be placed there. Currently, pawn shops are not allowed in any zoning category. Mayor Campbell stated it could be considered, in a sense, a pawn shops issue. What he was referring to is that when you change a parcel to GC you open it up to a much broader use. Mrs. Horenburger stated she also has a problem with this ordinance. When they created the SAD, they did so with the idea of limiting the uses because of the fact that it was not at a major arteri- al road intersection and was more in the nature of a neighborhood shopping center. She would be opposed to changing the zoning at this time without further study. She suggested that the Commission ask Planning and Zoning, if they are going to undo the SAD, that they be sure there are categories which suit the SAD in the zoning code. Matt Haggerty, who has an interest in the property, stated that, according to the County Traffic Engineer, the traffic on Congress Avenue has been going up at a rate of 18% per year and will soon be four laned. He feels the nature of the location has changed since it was originally zoned SAD and to limit the uses of the site is senseless. His goal is to put professional businesses there which would service the community and continue to upgrade the property. Sam Schwimer, 1061 Orange Terrace, stated that a large number of people in that community object to one of the purposes they have heard is intended for the shopping center. The Board of Directors of the Pines of Delray has written a letter to the Planning and Zoning Board, with copies to the Mayor and City Manager, objecting to the establishment of a pawn shop. Lillian Feldman, Pines of Delray, stated that the proposed pawn shop would be facing Abbey Delray which is a senior citizen community. She feels there is no need for a pawn shop in this area. At this point the roll was called to the motion. Mrs. Horenburger left the Commission Chambers at this time. 31. Ordinance No. 84-87 - Haggerty Annexation. Ordinance No. 84-87, relative to annexing a 9.09 acre parcel, subject to RH (Medium High to High Density Dwelling) District, located south of S.W. 10th Street, between S.W. 8th Avenue and Germantown Road, is before the -14- 10/13/87 Commission for consideration on First Reading. If passed, Public Hearing will be held November 24th. The Acting City Manager presented Ordinance No. 84-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED SOUTH OF S.W. 10TH STREET, BETWEEN S.W. 8TH AVENUE AND GERMAN- TOWN ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 84-87 on First Reading, seconded by Mr. Dougherty. 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. 32. Ordinance No. 85-87 - Crepin Annexation. Ordinance No. 85-87, relative to annexing a 5.13 acre parcel, subject to MOI (Medical, Office and Institutional) District, located east of the County Mental Health Office on Military Trail, south of Linton Boulevard, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 24th. The Acting City Manager presented Ordinance No. 85-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON MILITARY TRAIL SOUTH OF LINTON BOULEVARD AND EAST OF THE COUNTY MENTAL HEALTH OFFICES; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MOI (MEDICAL, OFFICE AND INSTITUTIONAL) DISTRICT; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 85-87 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. 33. Ordinance No. 90-87 - Amending Ordinance No. 6-81 - Addition to Acquilano SAD. Ordinance No. 90-87, amending Ordinance No. 6-81, which rezoned the Acquilano Property, a 2.03 acre parcel, located on the west side of South Federal Highway, between S.E. 10th Street and the Delray Mall, to SAD (Special Activities) District, to add "Dance School/Ballroom" as an additional conditional use, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held October 27th. The Acting City Manager presented Ordinance No. 90-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2(A) OF ORDINANCE NO. 6-81, AS AMENDED BY ORDINANCE NO. 15-81 AS FURTHER AMENDED BY ORDINANCE NO. 50-83, TO SPECIFICALLY PROVIDE AN ADDITION TO THE CONDITIONAL USES SECTION OF SAID ORDINANCE TO PERMIT DANCE SCHOOL/BALLROOM AS AN -15- 10/13/87 ADDITIONAL CONDITIONAL USE, SAID ORDINANCE NO. 6-81 ESTABLISHING AN SAD (SPECIAL ACTIVITIES) DISTRICT ON THE PROPERTY BEING APPROXIMATELY 2.03 ACRES LOCATED ON THE WEST SIDE OF U.S. 1, BETWEEN LINTON BOULEVARD AND S.E. 10TH STREET IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 90-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Com- mission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 34. Ordinance No. 91-87 - Amending Code - Signs In Setback. Ordinance No. 91-87, amending Chapter 9 "Buildings and Construction", of the Code of Ordinances, Section 9-212, to provide standards for signs lying partially in the setbacks, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held October 27th. The Acting City Manager presented Ordinance No. 91-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-212, "CLEARANCE HEIGHT AND SETBACKS", SUB- SECTION B, "SETBACKS", BY ENACTING A NEW SUBSECTION (3) TO PROVIDE STANDARDS FOR SIGNS LYING PARTIALLY IN THE SETBACK; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 91-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Com- mission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 35. Site Plan Approval - Arnold Industries. The Commission is to consider a request for site plan approval for a proposed 16,000 square foot manufacturing/storage use in three separate buildings on one site. The project is located in the LI (Light Industrial) District and is located north of S.W. 10th Street, between 15th and 16th Avenues. The Planning and Zoning Board recommend approval, subject to the following conditions: 1. That pavement markings and signing be provided at each driveway along S.W. 15th Street, such signing showing the purpose of each driveway (enter only, exit only) and traffic flow movements. 2. That permission be obtained from FP&L with respect to the landscap- ing which is to be installed within their apparent easement. 3. The point of accessing the water system shall be on the six inch (6") main as opposed to the twelve inch (12") main as is currently shown; and additional fire hydrants be located per the Fire Marshal. 4. The drainage solution must provide separation of site drainage and right-of-way drainage (retention cannot be on the right-of-way). Drainage plans and calculations, signed and sealed by a professional Engineer must be provided. The drainage solution must accommodate drainage facilities both on the property and within one hundred feet (100') of the site. 5. A Unity of Title must be provided at the time application is made filed for building permits. 6. This site plan shall be valid for twelve months or until such time as compliance is made with 30-22 E, whichever occurs first. Mrs. McCarty moved for site plan approval for Arnold Indus- tries, subject to the conditions, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty -16- 10/13/87 - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 36. Site Plan Approval - Crystal Ice. The Commission is to con- 'sider a request for site plan approval for a 14,850 square foot building to house an ice manufacturing operation. The project is located in the MIC (Mixed Industrial and Commercial) District and is located east of Congress Avenue, south of the L-32 Canal. The Planning and Zoning Board recommend approval, subject to the following conditions: 1. Grant Administrative Relief to accommodate eight compact car parking spaces. 2. Waive installation of a sidewalk along the proposed private street which will extend from Congress to the development site. 3. Require that a subdivision plat for the entire parcel be processed - said plat to address and provide proper vehicular access improve- ments from Congress to this site. 4. That the Congress Avenue Improvement Fee be paid prior to the issuance of occupancy permits associated with this site plan.. 5. That a solution to providing sewer service be provided in a manner acceptable to the Director of Utilities. 6. That this site plan approval is valid for a period of twelve months or until provisions of Code Section 30-22-E-1 are met, whichever is sooner. Mr. Weatherspoon moved for site plan approval for Crystal Ice, 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. Mrs. Horenburger returned to the Commission Chambers at this time. 37. Site Plan Approval - Happy Holidays.. The Commission is to consider a request for site plan approval for a 2,500 square foot addition to an existing building. The project is for a wholesale/retail use in the MIC (Mixed Industrial and Commercial) District and is located west of Congress Avenue at N.W. 1st Street. The Planning and Zoning Board recommend approval, subject to the following conditions: 1. That N.W. 1st Street be improved to a twenty-four foot travelway and attendant public street standards from its intersection with Con- gress to and including the first access to the parcel. 2. That sanitary sewer service be provided either through a septic permit from HRS or through participation in a central sewer solu- tion. 3. That the landscaping plan: a) reflect integration of the landscaping where the parking aisle accommodates the back-out parking tier. b) the trees located along N.W. 1st be located on the southerly five feet of the utility easement. c) that the hedge on the western portion of the site be placed along the interior perimeter of the required landscaping strip. d) that ten (10) additional interior trees be provided. 4. That a subdivision plat be submitted and made of record prior to issuance of any building permit. The plat must provide for: a) formal dedication of the existing right of way for N.W. 1st Street. b) dedication of an additional seven feet along Congress. c) full street improvements along N.W. 1st, less a sidewalk, from the parcel frontage to the driveway closest to Congress. d) all easements of record, apparent easements, easements for water and sewer facilities, as appropriate; and, e) other items normally required of subdivision processing and approval. 5. Payment of Congress Avenue improvement fees in the amount of $225. 6. Participation in the Congress Avenue Beautification fund. -17- 10/13/87 7. That this approval is valid for a period of twelve months or until compliance is made pursuant to Section 30-22-E-1, whichever occurs first. Steve David, representing Happy Holidays, stated on the site plan it shows two trees on the north side of the building. That area is paved and they are requesting approval to put the trees on the Congress Avenue frontage with the other landscaping. He also stated that part of the approval, and part of the plat, is requiring them to put in a new street on N.W. 1st Street for about 100 feet off Congress Avenue to their first entry. They do not object to this; however, their low bids are coming in between $25,000 and $30,000. The addition they are building is only costing them $30,000. What they would like to do is post a cash bond with the City for $5,000, guaranteeing that they will complete the road within a year. If they do not, the City can revoke their C.O. This will give them a chance to set up and start generating some money to pay for the street. Mrs. Horenburger moved for site plan approval for Happy Holi- days, with the two changes as requested by Mr. David, seconded by Mr. Dougherty. Mr. Kovacs, Planning Director, stated, with regard to the second item, he would request that they delete it from the site plan consideration, that it be reexamined and they get a staff recommendation when the plat comes up. Mrs. Horenburger amended her motion to approve the site plan, subject to the conditions, with the exception of Item 1 and 4c, 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. 39. Conditional Use - Amoco Gasoline Station/Mini-Mart. The Commission is to consider a request for redevelopment of the southeast corner of N.E. 4th Street and N.E. 2nd Avenue to a combination mini-mart and gasoline sales. The Planning and Zoning Board recommend denial. Mr. Kovacs stated that this application was for both the conditional use and site plan approval. However, the Planning and Zoning Board's action was very definitely on the use and their motion to deny related to the intensity of the use on the site. Therefore, there was no reason to get to the site plan issue. Once the Commission acts on the conditional use issue, then they can decide what to'do with the site plan. Bob Cohn, Heller Weaver and Cato, representing Amoco Oil Company, stated that Amoco leases this station and are proposing to demolish the existing station and rebuild with new upgraded facilities. They would eliminate the repair facilities, but include a small 500 square foot convenience store. He believes the concerns of the P&Z Board related, primarily, to the convenience use, the traffic which may be generated by that use and the size of the lot which the station is located on. Another issue raised was a dedication of right-of-way on N.E. 4th Street. Since the P&Z Board meeting, they have addressed the lot size issue through the Planning Department and City Attorney's Office and he believes that issue has been adequately resolved. There were some members of the P&Z Board who were under the impression that they could not move to approve this conditional use because the lot area is non-conforming. Under the Code, an existing station or use on a non-conforming lot, may be rebuilt subject to approval, which is what they are seeking tonight. He believes they can show that all the existing Codes can be met. The one issue which is a problem to Amoco is with regard to dedication requirements on N.E. 4th Street. Amoco does not own the land and, unfortunately, the property owner is unwilling to make dedication of right-of-way. Amoco is proposing that they be allowed to assist in giving a reservation of right-of-way along 4th Street. TheY will remove all the existing improvements which are within the future right-of-way, set back from the right-of-way and, thereby substantially reduce the cost of later acquisition by the City or County. -18- 10/13/87 Mr. Weatherspoon moved to approve the conditional use for Amoco Gasoline Station/Mini-Mart, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - No; Mrs. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion FAILED by a 3 to 2 vote. Before roll call the following discussion was had: The City Attorney advised the Commission that, based on the motion, they are only addressing the conditional use not the site plan. Mayor Campbell stated he would have to agree with the P&Z Board that the proposal would overly impact the area, particularly when you consider the residential neighborhood immediately to the north. Conve- nience stores are not the kind of places which are conducive to encour- aging single family home developments, particularly stores which sell alcoholic beverages. He would urge that the Commission defeat the conditional use approval. Mr. Cohn advised that the conditional use approval is for the service station; the convenience store is a permitted use in that district and they could sell beer within their existing building at this time. They feel that they would be significantly improving the existing area. Upon question by Mrs. Horenburger as to why they need a condi- tional use approval, Mr. Cohn stated that they are going to demolish the existing facility and, by rebuilding it, a determination was made by the Planning Department and P&Z Board that they would have to go through conditional use approval. If the conditional use is denied, the exist- ing station will remain as it is presently. Mr. Kovacs advised that this application is being processed as a major modification to a conditional use. Since the site is going to be leveled, there are going to be buildings in new areas and changes to the circulation and method of ingress and egress, it is considered major. Upon question by Mrs. Horenburger as to whether or not they could open a convenience store in the existing building as it is a permitted use, Mr. Kovacs stated they could not do everything they are presently doing on the site and add retail use. The City Attorney stated he would argue that as to the mixed use issue, provided the applicant could meet the other technical aspects of the code, he would not need to get permission to add it as a func- tion. He could add it; however, he would have to have a site big enough to accommodate it. Mr. Cohn stated he believes the parking requirements are the same for a service station as they are for retail sales. Therefore, merely converting a portion of the building from a service station to retail sales would not require additional parking. At this point the roll was called to the motion. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. 40. Agreement - City of Delray Beach and William Lehman, Jr. The Commission is to consider execution of agreement for removal of first row of parking adjacent to Dixie Highway at such time as Dixie Highway is expanded to a four lane facility and for a landscaping area. Approv- al is recommended. The City Attorney stated when the Commission approved the site plan and conditional use, they required that Mr. Lehman enter into an agreement with the City which would remove the first row of parking. The only factor in the agreement which was not discussed in the site plan review is that the applicant is proposing that their obligation to remove the first row of parking would end in twenty years if Dixie Highway has not been expanded by then. -19- 10/13/87 Mr. Dougherty moved to approve execution of the agreement, 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. 41. City Hall Architectural Contract. The Commission is to consid- er and award Phase I contract with Digby Bridges, Marsh and Associates, P.A., for architectural services for additions to City Hall. Two scopes of services with individual pricing are presented for consideration. Approval is recommended. The Acting City Manager stated there are two basic contracts before the Commission. An appendix which provides for a lesser scope of services for a lesser amount of money - $30,000 which would provide for one conceptual plan and one basic site layout. The other contract would provide for three conceptual plans, three site plan layouts and various options. Mayor Campbell returned to the Commission Chambers at this time. Gerry Church, City Engineer, stated the City went out with Requests for Proposals whereby they described the project. They are looking at a requirement for an additional 20,000 to 24,000 square feet which is the projected need to accommodate the growth anticipated. A bond issue was passed in the amount of 1.5 million dollars which was the estimated cost of the expansion. They negotiated with Digby Bridges and have come back with a proposal which is essentially the concept in terms of trying to define precisely the needs for the expansion. They will be determining the space needs and programming them in terms of where they should be located, how they should be located and then taking a look at the entire site available. They have three alternatives: (1) extending what they now have by adding onto the present building; (2) looking at the site for an entirely new City Hall and considering other uses for the existing building and (3) possibly separating out City Hall and the Commission Chambers. The scope before the Commission is basically to develop a comprehensive master plan for the entire tract. The project will exceed the 1.5 million dollars and they are looking at the initial conceptual stage whereby the architect will program needs, come back with a footprint of the building, identify the space needs for the various functions and then show alternatives as to how it can be accom- plished. That proposal will cost $45,000; the basic proposal, without fully considering the site will cost $30,000. Mr. Dougherty stated one of the problems they have is that they are only looking at one portion of the whole contract. It is his understanding that they selected the firm of Digby Bridges, Marsh & Associates to do the whole thing; not just make a preliminary analysis. He feels that with the contract they should have had the preliminary engineering and architectural services provided which would give them the total concept, from which the Commission would make a selection as to what alternative they wanted. Apparently, they have not made a judgment on the square footage because, even though they mentioned 24,000 square feet, one of the basic items of work is to make that determination in the first place. The Acting City Manager stated that staff's estimates were based on departmental submissions, with no verification if those submis- sions were legitimate or real needs. Each department did an estimated projection of what they thought they would need, but this has not been verified by a professional. Mr. Dougherty stated he feels that the departments and administration would know their needs better than someone coming in from the outside. Mr. Dougherty stated the broader issue is what the total architect and engineering fee is going to cost them. They are commit- ting themselves to $45,000 without any idea of whether they are talking about a 1.5 million dollar project or 3 or 4 million dollars. He would propose that the contract be taken back and reconsidered to include all engineering and architectural services. They should be giving Mr. Bridges a contract to do the entire project. -20- 10/13/87 Mr. Church stated that the scope of the project could go from 1.5 million to 3 million dollars. They cannot negotiate a contract at this point for a total type of service as they do not know how much of a project they have. They feel that it is in the best interests of the City to take the project part by part. They still intend to use the same architect, but would come back to the Commission with the next part which would be the design plans, contract documents and contract admin- istration, once they know exactly what they are going to build. Following discussion, it was the consensus of the Commission to place this item on the next workshop agenda to refine the contract. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. 42. Appointment - Code Enforcement Board. The Commission is to consider the appointment of a regular member to the Code Enforcement Board to fill the unexpired term of Tore Wallin to a term ending January 14, 1989. Joel Port, alternate member, has requested the appointment. Mr. Dougherty moved to appoint Joel Port as a regular member to the Code Enforcement Board, to a term ending January 14, 1989, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - No; Mr. Weatherspoon - Yes; Vice- Mayor Horenburger - Abstained. Said motion FAILED by a 2 to 1 vote, with Vice-Mayor Horenburger abstaining. Mayor Campbell returned to the Commission Chambers at this time. Legal 43. Proposed Settlement Regarding Claim of Cecil Walls. The Co~mission is to consider a proposed settlement regarding claim of Cecil Walls. The City Attorney recommends denial. The City Attorney advised this is an offer to settle a claims matter not yet in litigation in the amount of $200,000. Mr. Weatherspoon moved to support the City Attorney's recommen- dation to deny the proposed settlement, 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. 44. Settlement Offer - McCracken vs City of Delra¥ Beach. The Commission is to consider a settlement offer regarding McCracken vs City of Delray Beach. The City Attorney recommends denial. The City Attorney advised this is a matter in litigation and involves a K-9 dog bite case. They are in receipt of an offer to settle in the amount of $150,000 and he is recommending that the Commission reject the offer. Mr. Weatherspoon moved to ratify the recommendation to deny the settlement offer of McCracken vs City of Delray Beach, 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. 45. Final Order of Leon County Circuit Court - Challenge to 1986 Amendments to Chapters 175 and 185, Florida Statutes. The Commission is to consider the Final Order of Leon County Circuit Court, Challenge to 1986 Amendments to Chapters 175 and 185 of the Florida Statutes. The City Attorney recommends approval of participation as Amicus Curiae. The City Attorney advised he is recommending that the Commis- sion participate in this item. The City is not currently a party to the case; it was led by the City of Orlando as a challenge on constitutional grounds to changes which were made in Chapters 175 and 185, regarding the Police and Fire Pensions. They lost at trial at the Circuit Court level in Leon County and have lodged an appeal to the 1st District Court -21- 10/13/87 of Appeal. Many city attorneys in this area were contacted and it was suggested that they participate in the appeal, as a friend of the court, and submit a brief in support of the City of Orlando's position. The Florida League of Cities has filed a motion for leave to file an amicus brief also. The cost in participating, at this stage, would be the cost of his office drafting a brief and filing it. Upon question by Mr. Weatherspoon, the City Attorney stated there will be no direct monetary benefits to the City if they win. The changes gave authority to the Pension Board to make changes in retire- ment and pension benefits without requiring a city commission's approv- al, but they would have to fund it anyhow. He outlined several other changes which are being challenged and how it would affect Delray. Mrs. Horenburger moved to approve the City Attorney's recommen- dation, 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. PROCEDURAL ITEMS 46.a.1. Virgil Norris stated he feels the Commission should postpone action on the landlord permit ordinance until they have faced the real issue of the housing shortage. 46.a.2. Sam Dioto stated he is involved in a new homeowners association which he feels is going to be a big one. They feel that any low housing will destroy Delray Beach as it will drive out a large portion of the people. 47. Mrs. Horenburger moved to approve the minutes of the Regular Meeting of September 8, 1987, and the Special Meetings of September 15, 1987 and September 29, 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. 48.a.1. Mr. Dougherty stated there was a new law passed by the State which allows a city or municipality to close down, or cause a cease and desist order, a nuisance when two or more violations have been handed out. The City Attorney stated he did not bring this to the Commis- sion because his analysis of the bill is that it does not do anything more than what they already have. The new law allows the Commission to create a Nuisance Abatement Board to order the abatement of public nuisances if they find that to be the case. His problem with the legislation is that you could order the nuisance to be abated; however, if the person does not do anything you would have to sue them in court. Mr. Dougherty requested that the City Attorney furnish the Commission a copy of the bill. 48.a.2. Mrs. McCarty stated the Commission received a letter this week from Trish Brainerd, Tropic Palms Homeowner's Association, requesting them to consider down zoning the property at the end of Curlew Road. If the Commission agrees, she would like to workshop this item to decide which direction they are going to go in. 48.a.3. Mrs. McCarty stated the no parking signs for North Federal Highway are due to be put up this Friday. She would like to make sure that everything is on schedule and there are no surprises. 48.a.4. Mrs. McCarty questioned what happened to the towing contract. The Acting City Manager advised the draft policies have been drafted and the Police Department is working on it. 48.a.5. Mrs. McCarty stated when they originally talked about the traffic problems on North Federal Highway, the City Attorney got in touch with the FEC to get their cooperation. They put poles along Dixie Highway so that there would be no parking along the railroad tracks. It -22- 10/13/87 has been alluded that they might look favorably on annexing their property and working to beautify the area. If so, the billboard issue might also be addressed. She feels that if the Commission were to send a letter of encouragement and thanking them for this consideration, they might get things moving along. Upon question by Mayor Campbell, the City Attorney stated he does not know who owns the FEC railroad. Mayor Campbell requested that they find out who the owners are before they send a letter. 48.a.6. Mrs. Horenburger stated the Knight Center in Boca Raton was approved some time ago and is going to be reviewed by the Treasure Coast Regional Planning Council this Friday. The Knight Center received approval from DOT for a new 1-95 interchange and, under its development order, must make major improvements to the Congress Avenue corridor, Yamato Road and Linton Boulevard. These road improvement costs will be approximately $45 million. It is her understanding that an argument will be made at the meeting Friday regarding the net benefit of all the improvements. As a City, they do not have standing in the development; however, she would like a consensus of the Commission that they all agree the Knight Center must pay the fair share of improvements to Linton Boulevard from Congress Avenue to Military Trail. The Commission concurred. 48.a.7. Mr. Weatherspoon stated there is an abandoned trailer at the corner of N.W. 10th Avenue and N.W. 2nd Street which has been there since last Sunday. He would like someone to take care of it. 48.a.8. Mr. Weatherspoon stated he would like to commend staff for their efforts in preparing for Hurricane Floyd. According to informa- tion he received from Fire Chief Koen and the Acting City Manager, they did a good job in setting up the necessary stations and doing what they had to do to prepare for any emergencies. 48.b.1. The City Attorney advised the new Code of Ordinances, in manuscript form, will be in hand at the beginning of the week. He stated that if any Commissioner has a problem with the Code as it exists now, or has anything they would like to see in the new Code, they should let him know. He is meeting with the people from American Legal Pub- lishing at the beginning of November and he can let them know of any changes. Hopefully, the new Code will be in place at the beginning of January. The manuscript will come to the Commission in the single column format for them to look at, then they will convert it to the dual column format. They will also need to let them know, between now and the holidays in December, whether or not they wish to have pocket editions of any, or all, of the pieces of the Code. 48.c.1. The Acting City Manager informed the Commission that the Utility Billing department has now moved into the portable building at the north end of City Hall. 48.c.2. The Acting City Manager stated he would like to personally thank all the staff for their efforts yesterday during Hurricane Floyd. Mayor Campbell declared the meeting adjourned at 10:47 P.M. --' j Oit~ Clerk ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting -23- 10/13/87 of said City Commission of October 13, 1987, which minutes were formally approved and adopted by the City Commission on ~~. /~!/~/~ . City Clerk 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. -24- 10/13/87 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, ¢,~t' m/~ ~t $/¢]~. ~-~?.~E~..9~,~ ~d , hereby disclose that on /t 6;~ . /~.~ , 19 ~:~7: (a) A measure came or will come before my agency which (check one) N~-- inured to my special private gain; or __ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE *FORM 8B MEMORANDUM-OF'VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND 'OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COI, J'NCIL~ AUTHORITY, or COMMITTEE MAILING ADDRESS ': - THE. BOARD, ('OUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: I :P 7 APPO,N' ,VE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITN SECTION '1t2.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to thc assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding zppointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. lF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILE BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I~')Rx! ~B lll-~6 PAGe