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12-22-87 DECEMBER 22, 1987 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Marie Horenburger in the Commission Chambers at City Hall at 7:02 P.M., Tuesday, December 22, 1987. 1. Roll call showed: Present - Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Absent - Commissioner Richard J. Dougherty and Mayor Doak S. Campbell Also present were - Acting City Manager Robert A. Barcinski and City Attorney Herbert W.A. Thiele. 2. Mr. Weatherspoon moved to approve the agenda, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. Vice-Mayor Horenburger announced this meeting has been called for the purpose of: 3. Sale of Public Lands - Procacci Development Corporation. The Commission is to consider sale of approximately 38 acres of City owned property located in Section 20, Township 46 South, Range 43 East to Procacci Development Corporation under the terms and conditions of the sale agreement for the purpose of constructing low to moderate income housing. Mrs. McCarty stated she has spoken with a number of people during the past week who have questions regarding this development and she would like those questions and answers to go on record. She then presented a number of questions to Tom Henderson, representing the Procacci Development Corporation. He clarified the fact that the Commission is not discussing the density, the number of units or the zoning tonight; the P&Z Board Hearing is scheduled for January 25th, 1988, and the Second and Final Hearing is before the City Commission on February 23, 1988, along with enactment of the ordinance, if approved. He stated the decision made tonight will be another step forward in approval of the Grant application. If the zoning allows for less units than those specified in the Grant, the Grant will either be reduced accordingly or rejected. The law gives the Department of Housing and Urban Development until January 30th, sixty days after the commencement of that cycle, to approve or reject. Mrs. McCarty questioned if a problem is anticipated due to the fact the City's Final Hearing is not until February. Mr. Henderson stated he has discussed this with HUD and was advised the Grant can be approved contingent upon the zoning. Upon question as to what the rush is, Mr. Henderson stated he does not feel it has been a rush job. They have been working on this since August and the hardship on the developer of deferring this another four months is one reason and having this housing available four months earlier is another reason. Upon question, Mr. Henderson stated the tax credit is one of the major incentives for becoming involved in a housing project and in order to qualify for that credit, the units must be available for occupancy by December of 1989. The annual tax credit percentage for 1988 and 1989 will be calculated monthly; the credit will be a full tax credit so long as the units are completed by December 31, 1989, and will cover the full ten years allocated unless the law is changed. The developer feels if this project should be deferred for another four months, it would be critical to anticipate completion by December of 1989. Upon question as to the status of the project after the 15 year ownership requirement is over with regard to the Grant, Mr. Henderson stated it does not revert back to the City, but continues to be owned by the private owners. The purchase price of the land is $1,100,000. Mrs. McCarty stated there have been comments voiced that it has not been established exactly how much housing the City needs and why a study has not been made. Ken Simback, representing the Housing Authority, stated that for the past seven or eight years the Community Development Department has filed what is called a Housing Assistance Plan. The need for additional housing has been identified as being partially due to the influx of population and the response to replacement of substandard housing. One of the first things he requested of the Housing Authority was to hire a professional to look at low and moderate income housing in the City. The study was completed in the early part of this year and it identified four things. First of all within the study area, which included the City west of the Intracoastal Waterway all the way to Highway #441, there is a demand for just over 1500 units of low income rental housing that exists today. A second demand is for low to moder- ate income, ownership type housing. The last two things were pro- jections into the future for low income housing and moderate income housing. There is a follow up of a site specific study, taking into account the location of the project, the number of units, the income profile projected and all the elements that deal primarily with compet- itive types of housing in this market area. Mrs. McCarty stated the study divided Delray Beach into three zones to be broken down to an area from the Intracoastal west to 1-95, 1-95 to Military Trail and Military Trail to Highway #441. From a City resident standpoint, the figure of interest to the City is the housing need from the Intracoastal west to Military Trail in the amount of 1175 units. Mrs. McCarty questioned Mrs. Butler as to how the City can control the application procedure in order to serve the residents of the City. Mrs. Butler stated an agreement has been worked out with the proposed developer to work with them and review all applications to insure that priority assistance is given to the City residents and the low to moderate benefit is met. Mrs. Butler stated by a systematic door to door inspection program Community Development will determine the number of substandard units that exist in the area. The current esti- mate is 242 substandard units including 50 that should be demolished. Once a rental unit is determined to be substandard, the landlord is so informed and he cannot rent the unit in that condition. Those persons living in the rental unit at that time will be offered priority assist- ance to live in the new units. Mrs. Butler stated she did not feel there would be any difficulty filling the proposed 368 units based on the results of a market study for a two month period at which time they received over 200 applications for rental housing or home ownership. Mrs. McCarty questioned Mr. Henderson as to the plan that will be used in order to control the number of bodies once the density has been established. He stated there is a plan to post a Security Guard at the one and only entrance, who will monitor the persons coming in and out of the project. As the developer, they are responsible to the Internal Revenue Service under the tax credit law to monitor the number of residents in the apartment units and the amount of rent charged is based on the number of people living in the residential units. Mrs. McCarty stated her final concern regards the extra costs that might surface during site plan approval and questioned who will be responsible financially. Mr. Henderson advised it is understood those costs are the developer's responsibility and risk and they will not proceed until they are satisfied there are no serious problems such as demucking, etc. Upon question by Mr. Weatherspoon if Staff is satisfied with the requirements to be met in the contract, the City Attorney stated there are some language nuances being worked on in the final draft, but the substance of the agreement is satisfactory. Mr. Weatherspoon moved to accept the Procacci Development Corporation Agreement and the contract agreement, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. -2- 12/22/87 PUBLIC HEARING 4. Ordinance No. 96-87 - Amending code - Amendments to Waterford Place - D.R.I. Ordinance No. 96-87, relative to making changes to the Development Order and S.A.D. for the Waterford Place D.R.I., 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. 96-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE WATERFORD PLACE (FORMERLY DELINT CENTER) DEVELOPMENT OF REGIONAL IMPACT BY AMENDING SECTION 3 (DEALING WITH THE SITE PLAN APPROVAL) OF ORDINANCE NO. 79-84, A REZONING ORDINANCE AND LOCAL- ISSUES ITEM 22, TRANSPORTATION ITEMS 16, 17, 18 AND 19 OF RESOLUTION NO. 49-85 A DEVELOPMENT ORDER; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 96-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 96-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 5. Ordinance No. 84-87 - Haggerty Annexation. The City Attorney advised there is a motion needed to reconsid- er the agenda. Mr. Weatherspoon moved to reconsider the agenda, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. Mr. Weatherspoon moved to reverse Item Nos. 5 and 6, seconded by Mrs. McCarty, Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 6. Ordinance No. 98-87 - Changing the City's Land Use Plan Desig- nation (Haggerty Development). Ordinance No. 98-87, relative to chang- ing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel from ART (Agricultural Residential Transitional), in part and SF (Single Family), in part tO MF-H (Multiple Family High Density), located south of S.W. 10th Street, between S.W. 8th Avenue and Germantown Road, 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. 98-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED SOUTH OF S.W. 10TH STREET BETWEEN S.W. 8TH AVENUE AND GERMANTOWN ROAD, FROM ART, AGRICULTURAL RESIDENTIAL TRANSITIONAL, IN PART, AND SF, SINGLE FAMILY, IN PART, TO MF-H, MULTIPLE FAMILY HIGH DENSITY; AMENDING THE LAND USE PLAN; PROVIDING AN EFFEC- TIVE DATE. -3- 12/22/87 (Copy of Ordinance No. 98-87 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. Roger Boos, builder and developer, stated he is the owner of the property next to the Haggerty Development and he has no objection. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 98-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 5. 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 Commission for consideration on Second and FINAL Reading. (A Public Hearing was held and closed at the November 24, 1987 Regular Meeting). 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. (Copy of Ordinance No. 84-87 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 84-87, on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 7. Ordinance No. 99-87 - Changing the City's Land Use Plan to Provide for the Designation of "Large Scale Mixed Use". Ordinance No. 99-87, relative to changing the Land Use Element of the City's Compre- hensive Plan to provide for the designation of "Large Scale Mixed Use", 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. 99-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE TEXT OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CREATING A LARGE SCALE MIXED USE DEVELOPMENT DESIGNATION, WHICH LAND USE CATEGORY WILL BE SHOWN ON THE LAND USE PLAN MAP IN ON OVERLAY MANNER AND WILL BE INTENDED TO IDENTIFY THE APPROXIMATE LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. -4- 12/22/87 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. David Kovacs, Planning Director, stated Item Nos. 7 and 8 have a relationship. If Item No. 7 is not passed, it cannot be applied to Item No. 8, which is the Seacrest Property. Item No. 7 arose out of an initial application for a commercial designation on the eleven acre Seacrest Property site. During the review process there were comments by the County, the Regional Commission and by the State with regard to the Text Amendment. Some of these comments were that it should be emphasized the property is for redevelopment; it should have its bound- aries defined, when it is applied and advertised, and that there should be more definition to the way in which it is determined what the per- centage is of commercial use versus residential use. The City Attor- ney's Office feels this could be acted upon tonight. The first alterna- tive action on the Text is to include the new language and enact it or, as a second alternative, refer it to the P&Z Board for a formal review. If this is done, it cannot be enacted in 1987 and would then be appro- priate to wait until June or July of 1988. The third option is to defer the item until the Comprehensive Plan is brought up. Vice-Mayor Horenburger stated she is in favor of alternative action number two as that will insure that it will go back to the P&Z Board for a formal review. Beril Kruger, representing the petitioner, stated the only current problem is with Gulfstream. Differences are being worked out at this time and hopefully, approval will come within the next six months. Andrea McGirr, a licensed Palm Beach County merchant at the Swap Shop, requested a clarification relative to the City of Gulfstream so the public is made aware of exactly what is happening. Vice-Mayor Horenburger stated the City of Gulfstream have some objections, and since the applicant is working with them, they possibly have more up to date information. Mrs. McCarty questioned, with regard to the Comprehensive Plan Amendment, if they are referring to a developer. She also questioned if this particular type of use is good for that property, regardless of who uses it. Mr. Kovacs stated one aspect of the Text Amendment, in revised language, is that the proposed language states the overlay should be defined by streets or natural barriers. What is being dealt with is a need to go through a plan amendment process. In the future, if that property is to be used, it will be necessary to de-annex it from the City of Gulfstream and annex it into the City of Delray Beach, which is a long process. Mr. Kovacs stated if the Text is not changed and the City prefers to have it as a floater and a general area designation, there can be more flexibility in the application. Upon question by Vice-Mayor Horenburger, Mr. Kovacs stated if P&Z discussed this and approved option three, the decision of the Commission to approve option two would be more or less a compromise and would allow them to keep it alive. Robert Dittman, President of Place Au Soleil Association, stated he attended the last Gulfstream Town Meeting and they are still opposed to this project. They are also opposed to the de-annexation of the Inland Navigation District property. He feels Mr. Kruger was referring to an attempt to meet with residents of Place Au Soleil Association and the developers to explore the possibility of a change of position. The Public Hearing was closed. Mrs. McCarty moved to refer Ordinance No. 99-87 back to P&Z to be considered as part of the Comprehensive Plan Changes in 1988-1, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as -5- 12/22/87 follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horen- burger - Yes. Said motion passed with a 3 to 0 vote. 8. Ordinance No. 100-87 - Changing the City's Land Use Plan to ~ffix the Designation of "Large Scale Mixed Use" to the General Area South of the Delray Drive-In. Ordinance No. 100-87, relative to chang- ing the City's Land Use Plan to affix the designation of "Large Scale Mixed Use" to the general area south of the Delray Drive-In, 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. 100-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LAND IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, GENERALLY IN THE VICINITY OF THE DELRAY DRIVE-IN AND SPECIFICALLY INCLUDING A PARCEL LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, BETWEEN ALLEN AVENUE AND THE DELRAY DRIVE-IN THEATRE FROM C, COMMERCIAL, IN PART, MF-10, MULTIPLE FAMILY - 10 UNITS/ACRE, IN PART, AND SF, SINGLE FAMILY, IN PART, TO ACCOMMODATE THE OVERLAY DESIGNATION OF LARGE SCALE MIXED USE DEVELOPMENT. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved to defer Ordinance No. 100-87 to P&Z for further consideration, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 9. Ordinance No. 101-87 - Amending Code - Parking Fines. Ordi- nance No. 101-87, amending Chapter 26 "Traffic" of the Code of Ordinanc- es relative to increasing parking fines, 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. 101-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", ARTICLE II, "STOPPING, STANDING, AND PARKING", DIVISION 4. "VIOLATIONS; ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 26-78, "AMOUNTS OF PENALTIES"; PROVIDING FOR AN INCREASE IN THE AMOUNT OF CIVIL PENALTIES IMPOSED FOR VIOLATION OF PARKING RESTRICTIONS SET FORTH IN THE APPLICABLE SECTIONS OF CHAPTER 26, "TRAFFIC", PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 101-87 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 101-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. -6- 12/22/87 10. Ordinance No. 102-87 - Amending Code - Pensions for Police and Firemen. Ordinance No. 102-87, amending Chapter 18 "Pensions and Retirement" of the Code of Ordinances providing supplemental retirement income for police officers and firemen who retired prior to October 1, 1987, 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. 102-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE III, "PENSIONS FOR POLICE AND FIREMEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 18-54, PROVID- ING SUPPLEMENTAL RETIREMENT INCOME FOR POLICE OFFICERS AND FIREFIGHTERS WHO RETIRED PRIOR TO OCTOBER 1, 1987; PROVIDING A MINIMUM MONTHLY RETIREMENT BENEFIT FOR SAID RETIREES; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 102-87 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 102-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 11. Ordinance No. 103-87 - Amending Code - Pensions for General Employees. Ordinance No. 103-87, amending Chapter 18 "Pensions and Retirement" of the Code of Ordinances providing that death benefits for general employees shall be payable to a participant's spouse or other designated beneficiary, 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. 103-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE IV, "PENSIONS FOR GENERAL EMPLOY- EES'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 18-113(B), "BENEFIT PAYABLE IN THE EVENT OF DEATH ON OR PRIOR TO NORMAL RETIREMENT DATE WHILE IN SERVICE", PROVIDING THAT DEATH BENEFITS SHALL BE PAYABLE TO A PARTICIPANT'S SPOUSE OR OTHER DESIGNATED BENEFICIARY; PROVIDING FOR THE APPOR- TIONMENT OF DEATH BENEFITS PAYABLE TO MULTIPLE BENEFICI- ARIES; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 103-87 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 103-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. -7- 12/22/87 Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 12. Ordinance No. 104-87 - Amending Code - Pension for Police Officers and Firemen. Ordinance No. 104-87, amending Chapter 18 "Pen- sions and Retirement" of the Code of Ordinances to provide that death benefits for police officers and firemen shall be payable to a member's spouse or other designated beneficiary, 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. 104-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE III, "PENSIONS FOR POLICE AND FIREMEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 18-48(6), "PRERETIRE- MENT DEATH", TO PROVIDE THAT DEATH BENEFITS SHALL BE PAYABLE TO A MEMBER'S SPOUSE OR OTHER DESIGNATED BENEFI- CIARY; PROVIDING FOR THE APPORTIONMENT OF DEATH BENEFITS PAYABLE TO MULTIPLE BENEFICIARIES; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 104-87 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 104-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 13. Ordinance No. 105-87 - Amending Code - Fire Protection Codes. Ordinance No. 105-87, amending Chapter 11 "Fire Protection and Preven- tion'' of the Code of Ordinances to adopt certain standard fire protec- tion codes, 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. 105-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 11, "FIRE PROTECTION AND PREVENTION", ARTICLE II, "FIRE PREVENTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY REPEALING SECTION 11-17, "CODES ADOPTED", BY ENACTING A NEW SECTION 11-17 "CODES ADOPTED", TO PROVIDE FOR THE ADOPTION OF CERTAIN STANDARD FIRE CODES; BY REPEALING SECTION 11-18, "SECTION 14.4 OF CODE AMENDED: AUTOMATIC SPRINKLER SYSTEMS"; BY ENACTING A NEW SECTION 11-18, "AMENDMENTS TO NATIONAL FIRE PROTECTION ASSOCIATION 1, FIRE PREVENTION CODE, 1987 EDITION"; TO PROVIDE FOR LOCAL AMENDMENTS TO ADOPTED NATIONAL FIRE CODES CONCERNING SPRINKLER SYSTEMS AND STANDPIPES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 105-87 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. -8- 12/22/87 Mr. Weatherspoon moved for the adoption of Ordinance No. 105-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. REGULAR AGENDA 14. Resolution No. 50-87 - Abandonment. Resolution No. 50-87, vacating and abandoning a portion of S.E. 9th Court lying between the east right-of-way of S.E. 6th Avenue and the west right-of-way of S.E. 7th Avenue, is before the Commission for consideration. Planning & Zoning Board recommends approval, subject to the following condition: 1. Resolution No. 50-87 shall not become effective until a final plat which combines the abandoned area with a replat of Lots 7 and 8, Block 2, Rio Del Rey Shores. Such plat must be recorded on or before March 23, 1988 for this action to be valid. The Acting City Manager presented Resolution No. 50-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF S.E. 9TH COURT LYING BETWEEN THE EAST RIGHT-OF-WAY OF S.E. 6TH AVENUE AND THE WEST RIGHT-OF-WAY OF S.E. 7TH AVENUE, PLAT OF RIO DEL REY SHORES AS RECORDED IN PLAT BOOK 25, PAGE 5 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 50-87 is on file in the official Resolution Book) Upon question by Mr. Weatherspoon as to what the difference is between the amended resolution and the one provided in the packet, the City Attorney stated the abandonment area remains the same. The modifi- cations were made in the Whereas clause to indicate that it was actually the City initiating the abandonment at the request of an applicant and with the knowledge and consent of the Homeowners' Association. Mr. Weatherspoon moved for the adoption of Resolution No. 50-87, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 15. Water Service Agreement - Mr. Tan and Mr. Tux. The Commission is to consider a request from Mr. Arnold Aticin, President, Mr. Tan and Mr. Tux, to amend the water service agreement approved by the Commission on November 24, 1987, to allow the sign requirements to be constructed under the County regulations vs City regulations. Sign to remain as constructed. Community Appearance Board recommends denial. Julie Adinolfe, representing Flex Plex Signs, stated in May of 1987 their company entered into an agreement with the applicant for a free standing sign and a wall sign on the new property at 1501 North Federal Highway, which was in a county pocket. After supplying the information required by the County, a permit was received, the sign was installed in November and the final inspection passed. Now there is a problem because Delray Beach will not give them a water meter due to the fact that the sign does not meet the City Code. Mrs. McCarty questioned at what point were they aware it would be necessary to obtain water from the City. John LaMela, one of the partners of Mr. Tan and Mr. Tux, stated originally it was planned to have a well but during construction in the month of October they were informed it would be necessary for them to obtain City water. The sign was contracted for in May but it was necessary for the sign company to wait until the heavy equipment left the site before the sign could be installed. -9- 12/22/87 Vice-Mayor Horenburger requested an explanation of the problems the Community Appearance Board has with the sign. Digby Bridges, Chairman of the Community Appearance Board, stated the applicant came before the Board in October and at that time was warned the signs on the roof of the building were not to code and CAB approval should be obtained. Upon question by Mr. Weatherspoon as to the difference between these signs and those that are currently in the area, Mr. Bridges stated the City is making an attempt to be consistent with the signs in the City. Vice-Mayor Horenburger stated she feels the issue is the basic water service agreement that everyone must comply with in order to meet the City Code. There should be no exceptions. Mrs. McCarty stated there are other issues regarding the signs in addition to the height. It is her understanding a representative of the company was requested by CAB to return for approval. At the time this subject came up for water service, she personally went on record stating she would agree only if the signage and landscaping codes were complied with. Mr. Weatherspoon referred to Section 12 of the Water Service Agreement that states: "As an express condition of this agreement to provide such water service, the customer future agrees to abide by all ordinances currently in effect for the City related to obtaining approv- al for landscaping and signs through the Community Appearance Board, approval for site plans and setbacks pursuant to Chapter 30 of the City Zoning Code for the Planning and Zoning Board and provided that such City requirements shall not supersede County requirements". In his opinion, he feels the City is superseding the County requirements. They did obtain County approval and followed those guidelines. The City Attorney stated, in his opinion, this does not super- sede the County's requirements. The County stated a 19 foot sign would be permitted; but for the City of Delray to state they must have a 20 foot sign, would be superseding the County's requirements. The appli- cant could have had an 18 foot sign approved by the County but by choosing the maximum, he feels the County is superseding the City's requirements. Ms. Adinolfe stated the County requirements would allow them to go to a height of 35 feet and the size can be one square inch for each front foot of property, but they choose to go this route. Vice-Mayor Horenburger passed the gavel to Deputy Vice-Mayor Weatherspoon in order to second a motion. Mrs. McCarty moved to not modify the original water service agreement, seconded by Mrs. Horenburger. Upon roll call the Con~nission voted as follows: Mrs. McCarty - Yes; Mrs. Horenburger - Yes; Deputy Vice-Mayor Weatherspoon - No. Said motion failed with a 2 to 1 vote. (MR. WEATHERSPOON LATER CHANGED HIS VOTE TO YES, ALLOWING THE MOTION TO PASS WITH A 3 TO 0 VOTE.) Deputy Vice-Mayor Weatherspoon returned the gavel to Vice-Mayor Horenburger. The City Attorney stated that as a procedural matter, normally three affirmative votes would be required, but the Commission has concurred not to approve the agreement. Essentially the Commission is taking no action by the vote, but rather formalizing its stance to refuse a request to modify. MR. WEATHERSPOON STATED HE WOULD LIKE TO CHANGE HIS VOTE TO YES AND BRING IT BEFORE THE COMMISSION AGAIN IN THE MONTH OF JANUARY. Upon question by Mrs. Horenburger if the applicant must go back through the process, the City Attorney advised that is the normal procedure, unless for example, Mr. Weatherspoon should make a motion to -10- 12/22/87 rescind the previous agreement and adopt a modified version, get a second and have the motion pass on a 3 to 2 vote. The City Attorney advised Mr. Weatherspoon that he could request that it be put on an upcoming agenda, which he did for the second Tuesday in January. Mr. LaMela questioned if there is any way to obtain water at the present time, as they are fully landscaped. The City Attorney stated it had been suggested at one time, if it was the Commission's direction to accept something in the nature of an agreement to comply by bonding, a letter of credit, or some type of agreement, the water could be turned on. If the applicant received water and chose not to modify their agreement, or subsequently not change the sign, there would be sufficient funds to reimburse the City for turning the water off and removing the meter. Vice-Mayor Horenburger stated she sees no reason why the applicant cannot have water if the signs are removed and application is made for a sign permit. The City Attorney stated the applicant does not wish to remove the signs until after the January meeting. Mr. Weatherspoon questioned if they can get water service at this time. The City Attorney advised until Paragraph 12 has been complied with, which is CAB approval for signage, they have not techni- cally complied and the City will not provide water. Vice-Mayor Horenburger suggested the applicant make arrange- ments to meet with City Staff tomorrow and perhaps they will be able to supply him with answers. 16. Conditional Use/Site Plan Approval - Zankl Imports. The Commission is to consider approval of conditional use and site plan for Zankl Imports, an automobile dealership, located between N.E. 5th and . 6th Avenues, north of N.E. 4th Street. Planning & Zoning Board recom- mends approval, subject to the following conditions: 1. That a formal request/petition for abandonment be submit- ted for the south 150 feet of the alley; 2. That fifteen feet (15') be dedicated along the existing 4th Street right-of-way for street purposes; 3. That a commercial sidewalk be installed along the future property line of 4th Street with said sidewalk extending to the curbs of Federal Highway; 4. That a Unity of Title be provided for all parcels includ- ed with this approval and that a subdivision plat be filed when full development occurs. Said plat to reflect all abandonments and dedications. 5. That this approval shall be valid for a period of eigh- teen months after the date of ensuing site plan approval or until development occurs pursuant to Code Section 30-21-(E) (1) whichever occurs sooner. 6. That all permanent parking spaces be designated pursuant to their intended use. 7. That all permanent landscaping area shall be upgraded (continuous curbing between paving and landscape areas) and finished. 8. That loading shall be accommodated on site with the loading area to be shown on the site plan. 9. That no additional lighting is permitted unless it is a part of an approved site plan. 10. That the dumpster location, accessibility, and screening shall be approved by the CAB concurrent with its review of the landscaping plans. 11. The Community Appearance Board is to approve all landscaping areas pursuant to their normal authority. 12. This action is for approval of the conditional use only. A formal site plan reflecting the points listed as conditions of approval and findings must be submitted to the Planning and Zoning Board and approved as a minor site plan modification prior to February 1, 1988, in -11- 12/22/87 order for the conditional use approval to remain valid. (Later in the discussion the date was changed to April 1, 1988). Robert Dittman, Attorney, in attendance with Robert Currie on behalf of Zankl Imports, stated since the Commission may not be familiar with the site plan, Mr. Currie will point out what is being proposed. Robert Currie, Architect, stated the property is the bank site north of N.E. 4th Street and the applicant would like to incorporate this as part of his site plan. Originally, the snag was the fact that he was unwilling to provide for the future right-of-way of 4th Street, but since that time he has reconsidered. He has stated that he will put it in reservation until such time that the City or County needed to improve the roads. Upon question as to a definition of "in reservation", the City Attorney stated it means subsequent action is required by some party. Normally dedication is required, but as a second alternative, it would be shown on a plat that it is reserved for future road right-of-way upon the City's request and no other costs would be incurred by the City in having it subsequently dedicated; that runs with a covenant of the land. The question before the Commission is whether or not to change the methodology. Mrs. McCarty questioned if this would pose a question on the Commission's decision of the Amoco Dealership when they refused to give the dedication. Mr. Kovacs stated the reason for denial of the Amoco dealt with intensive use; however, one of the issues was the dedication in which they stated they would design from the ultimate right-of-way but did not want to dedicate and would sell it at such time as it would be condemned. In this particular case he feels there is little doubt that 80 feet of right-of-way will be needed on 4th Street to connect the one-way pairs. The recommendations of the P&Z Board are that you design from the ultimate right-of-way, which would mean a sidewalk along where the ultimate right-of-way is going to be. If this is put into a reser- vation, the public sidewalk will then be on private property. Upon question by Mrs. McCarty as to why the applicant did not choose to dedicate it now, Mr. Currie stated the applicant does not feel the road will ever be widened because of the involvement of a number of buildings. Basically, what he wants to do is agree to give the 15 foot dedication to the City when it is actually needed. In the interim he would like to be able to use the site essentially as it is now. Mr. Kovacs gave a detailed explanation of the waivers and the conditions that were recommended by the P&Z Board. He stated there is a technical item in Revised Condition No. 12 that noted a date of February 1 for a site plan to be approved and he feels it would be more approp- riate to make that April 1. He also stated that after sitting through three hours of testimony last night on the subject of dealerships, he would like to comment on one point that came across very strong. He feels the City should not be so concerned about the location or the amount of the use, but rather to regulate it and enforce it as there is a design standard. The automobile industry suggested the City is going beyond with some things in the policy but they reinforced the idea of sticking to the standards, utilizing Code Enforcement, and bringing properties up to standard. And now, less than 24 hours later, here we are, seeking relief from the development standards that other developers must comply with. Mrs. McCarty moved to approve the conditional use and site plan approval for Zankl Imports with the P&Z recommendation enforcing the right-of-way dedication with a modification to change the site plan approval date to April 1, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 17. Final draft - Delra¥ Beach Elementary School Agreement. The Commission is to consider approval o'f final agreement with the School -12- 12/22/87 Board of Palm Beach County for the acquisition of Delray Beach Elementa- ry School. City Attorney recommends approval. Mrs. McCarty moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 18. Pension Board Composition. The Commission is to consider discussion and direction to City Attorney regarding opinion from Depart- ment of Insurance concerning composition and inclusion of Mayor as member of Police and Firefighters Pension Board of Trustees. The City Attorney stated their concern was that formal action was required in the form of an appeal or a consent to the correspondence received. After examining all the material it is the position of the City Attorney's Office that the Department of Insurance has taken no agency action, so they feel there is no need to lodge a formal appeal. He recommends that this be referred to a workshop sometime in January or February. In the meantime it is suggested everything remain status quo. A vote is unnecessary on this item. 19. Contract Addition Ratification - Total Prearrangement Inc.. The Commission is to consider the ratification of termination provisions added to the contract approved at the last meeting with Total Prear- rangement Inc. Termination provisions are in accordance with Commis- sioners request. Acting City Manager concurs in recommendation of City Attorney and Parks & Recreation Director. Mr. Weatherspoon moved for approval of ratification of contract with Total Prearrangement Inc., seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weather- spoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 20. Contract Award - Architectural Services - Fire Station #2. The Commission is to consider award of contract to Currie, Schneider Associ- ates for architectural services for Fire Station #2, in the amount of $47,850, funds to come from 1987 Utility Bond. Acting City Manager recommends approval. Mr. Weatherspoon moved for approval of awarding the contract to Currie, Schneider Associates for architectural services in the amount of $47,850, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Mr. Weatherspoon - Yes; Vice-Mayor Horen- burger - Yes. Said motion passed with a 3 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned the difference in the estimate of the original proposal. The Acting City Manager stated there is more information available now than at the time of the bond application nearly one and one-half years ago. There is more detailed information on the size of the station and the site location which may require some pilings or removal of what is currently located there. The figure will not be final until bids are received. At this point the roll was called to the motion. 21. Contract Award - Vehicles - Fire Department. The Commission is to consider award of contract to Bill Wallace Ford, low bidder, in the amount of $22,540.44 for two (2) full size sedans for the Fire Depart- ment. Funds to come from interest earnings Utility Bond Fund as approp- riated by the City Commission. Acting City Manager and Fire Chief recommend approval. Mr. Weatherspoon moved to award the contract for vehicles for the Fire Department in the amount of $22,540.44, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. -13- 12/22/87 22. Water Service Agreement - Wayjohn, Inc. The Commission is to consider approval on an emergency basis of a water service agreement with Wayjohn, Inc., for a Kentucky Fried Chicken franchise located on Military Trail subject to the following conditions: 1. Approval of the agreement as to form and substance and accompanying legal documentation by the City Attorney. 2. Submittal and acceptance of a revised site and landscaping plan which complies with City code require- ments. Said plans to be certified by the Director of Planning and City Horticulturist respectively. 3. Submittal of a signing package, prior to execution of the agreement. The sign package must meet the technical code requirements of the City. Further, there is to be an agreement for the deferral of installation of permanent signing until such time as the sign package is approved by the C.A.B. Vice-Mayor Horenburger stated it appears there was a lack of communication with Palm Beach County in that this was part of a large parcel owned by one person. The balance of this parcel did have a water service agreement with the City that included the description of the property in a metes and bounds description. When the County reviewed the submittal by this applicant, they apparently assumed the water service agreement was for the entire parcel when in fact it was not. Mr. Kovacs stated he would like to read one paragraph from the Staff report which is a complicating factor: "that by accommodating this request for the Kentucky Fried Chicken Water Service Agreement with the conditions we have here is that a site plan which encompassed additional property is being followed". The larger site plan shows another piece of property to the east which would take access through Kentucky Fried Chicken's parking lot. That is contrary to the City's development regulations, so at the time the parcel to the east applies for a water service agreement there will be a problem. Due to the fact the applicant also controls the two parcels to the north, there are other options available. The City Attorney advised this is a private property issue the owner will need to resolve. Mr. Kovacs stated on a more positive note, the 60 day review procedures are being followed. Upon request, the first one was sent to the P&Z Department which was for a zoning change in the County. The applicant was then contacted and instead of going through the County process for a zone change, he is annexing into the City. Mr. Weatherspoon moved for approval of the water service agreement with Wayjohn, Inc., subject to conditions, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 23. Award Bid for Relocation of Force Main No. 50. The Commission is to consider award of bid for relocation of Force main No. 50, with funds to come from the 1987/88 budget. The Acting City Manager stated the bids were opened on Friday and the memo recommends the award to Murray-Logan Construction Company in the amount of $95,980, with funds to come from the current operating budget of the Water and Sewer Department out of the capital side. This was the low bid out of three bids opened. This is the force main just west of Congress Avenue, south of Lake Ida Road and is the City's portion that must be moved prior to construction beginning on the County road widening, subject to the City Attorney's approval of the contract. Mr. Weatherspoon moved to award the contract to Murray-Logan Construction in the amount of $95,980 with funds to come from the current Utility Capital Improvement Fund, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. -14- 12/22/87 24. Cont.ract Award - Engineering services. The Commission is to consider approval of agreement between the City and Jan Abell-Kenneth Garcia, Partnership, Architects - Atelier Architects amending the original agreement of July 9, 1987 to provide for Phase IV for architec- tural services for the Old School Square in the amount of $134,375, funds to come from Sale of Land Fund. The Acting City Manager stated there are some changes in this item prior to voting. A one-half million dollar professional liability insurance requirement has been added according to the City's require- ment. The total amount of the award is $102,947. Mr. Weatherspoon questioned in lieu of the uncertainty of when the City will acquire possession of the elementary school, in what position does this place the City. The Acting City Manager stated the City will be able to have plans and specifications ready to go to bid upon acquisition of the school property. Mr. Weatherspoon moved for approval of the agreement subject to modifications as outlined by the Acting City Manager, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. Vice-Mayor Horenburger declared the meeting adjourned at 8:53 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of December 22, 1987, whicb~ minutes were formal- ly 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. -15- 12/22/87