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04-08-86 APRIL 8, 1986 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:00 P.M., Tuesday, April 8, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Richard J. Dougherty Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend David Summerford, 'Primitive Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for approval of the agenda, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell advised it will take a few minutes for the Beautification Trust Fund Committee to set up, so Council will proceed with some procedural items. 6. Mrs. Horenburger moved for approval of the Regular Meeting of ~arch 25, 1986 and the Special Meetings of March 18, 1986 and March 27, 1986, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird moved that they move Item 7A to be Item 6A, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr.~'Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 6A. Procedural Rule Changes. Mr. Weatherspoon moved to accept the Procedural Rule Changes, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7.a.1. Mayor Campbell read and presented a proclamation proclaiming the week of April 20-26, 1986, as "Victim Rights Week". 7.a.2. Mayor Campbell read and presented a proclamation proclaiming that the hand of friendship and relationship be created and fostered between the City of Naharia, Israel, and the City of Delray Beach. Cantor David Leon came forward to accept the proclamation and stated he is looking forward to an exchange of cultural groups and looks forward to the day when a delegation from Delray Beach visits the City of Naharia. 5. Presentation - Beautification Trust Fund (Committee Representa- tives). Mr. Chris O'Hare, Landscape Architect and Co-Chairman of the Beautification Task Force, gave a slide presentation and advised that the presentation will give Council a brief outline of the way Delray Beach is today and what they hope it can be in the future. The Commit- tee feels they have a good comprehensive program, although there are a few questions that need to be answered. There are four major ways the government could fund this project; General Obligation Bonds, Revenue Bonds, Ad Valorem Tax and Utility Tax. The Utility Tax has the most appeal to the Committee and seems to be the most equitable. Mr. O'Hare requested that Council ask the Finance Department to prepare a study to determine whether the Committee is on target with those four mechanisms and which one would be the best for Delray Beach. Upon request by Council Members, Mr. O'Hare explained the area which will be covered by this program, how long the program is expected to take and what the approximate cost will be. Council discussion was had with regard to the different methods of financing this project. It was the consensus of Council that they should wait until they receive the entire financial package from the Finance Department before making any decision. Mayor Campbell stated he would like Council to look at the beautification program and determine whether or not, conceptually, they want to proceed with the idea and the overall program as outlined by the Beautification Trust. After they receive the Finance Director's memo, they can decide how it will be financed. The City Manager advised he can have the report on the financing prepared for next week's workshop meeting. Mr. Bird moved for conceptual approval of the plan, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS 7.a.3. Mrs. Horenburger moved to appoint Mr. Robin Smith as an alter- nate member to the Board of Adjustment, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7.a.4. Mrs. Horenburger stated one of the things that she feels will help stop crime, as it is taking place, is a Hotline. She would like to propose this idea to Council for their consideration. A Hotline could be placed at the Police Station's main desk and would be for people to call in about crimes which they believe are in progress. The key to the success of a program like this is having a well trained person at the front desk. She believes there are a great many people who see what they think is something suspicious going on; however, they are afraid to call and give their name and address for fear of retaliation. The Hotline concept would eliminate that fear. The City Manager stated this would work very well once the new Police Facility is built; however, it would require that another call be made in the present building as we cannot dispatch from there. Mayor Campbell requested that the City Manager get back to Council by the next regular meeting with a proposal for adoption. The City Manager stated if Council is interested in proceeding with this, he can work at getting some tests done. All he needs is conceptual approv- al. Mr. Bird suggested that perhaps they could make the Hotline a dedicated line into the Central Dispatch Center and have them answer it. Mrs. Horenburger stated one of the problems they have with the CDC, which is located in Boca Raton, is that they often get calls from citizens in Delray Beach who report something occurring at a specific location and they have no idea where it is. However, this is another possibility that could be looked into. 7.a.5. Mrs. Horenburger thanked Elaine Roberts for furnishing and paying for the cushion on the back bench of the Council Chambers. She understands Mrs. Roberts did receive one small contribution from Mrs. -2- 4/8/86 Betty Matthews and stated she would like to see them both reimbursed as it is something the City should have done a long time ago. 7.a.6. Mr. Bird asked that Mrs. Barbara Smith, President of the Chamber of Commerce come forward. Mrs. Barbara Smith thanked all the various departments of the City for the help given to the Chamber of Commerce in making this year's Delray Affair one of the best ever. Mrs. Smith further stated that she would like Council to set some deadlines with regard to the Sign Ordinance. The Chamber has been working on it and feel they could get it to Council by their May 6th workshop meeting. It was the consensus of Council to set the deadline as the workshop meeting of May 6th. Mrs. Horenburger left the Council Chambers at this time. 7.a.7. Mr. Dougherty asked for the status of the lighting on West Atlantic Avenue. The City Manager advised this is still being reviewed and engineered by Florida Power and Light. As soon as he receives the report, they will be installed; however, he believes it will not be until the summer before they are installed~ Mayor Campbell requested that the City Manager get an estimate from FP&L and let Council know the outcome. 7.a.8. Mayor Campbell stated he was approached by a representative from Tom Jr.'s Rib Heaven regarding an economic urgency and they need Council action this evening. Council has received a memorandum from the Technical Advisory Committee regarding this property and they are recommending that Council approve the backout parking subject to the following conditions. (1) 6 parking spaces be provided; 1 to be handicapped (2) Removal of the canopy, slab and picnic table (3) Some car bumpers be provided (4) Improvements along Dixie Highway be provided - sod, irrigation, low hedge (5) No Parking signs erected Mr. Weatherspoon moved to approve the recommendation of the Technical Advisory Committee as outlined in their memorandum and subject to the conditions, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Council Chambers a this time. 7.a.9. Mayor Campbell requested the status of the repairs to Swinton Avenue. The City Manager advised the contract is due to expire on May 5th. They have contacted Mr. Kahlert's office because of some problems and there appears to be a lack of crews on the site. They do have a contract deadline and he would assume that they will hold to it as there is a penalty clause which will go into effect after that. Upon question by Mr. Bird, the City Attorney advised he is fairly comfortable that the County would be responsible if there was to be any kind of accident on the roads or sidewalks. The City Manager advised that as of tomorrow morning a plywood walkway will be installed in front of several businesses on the South Swinton section. -3- 4/8/86 Mrs. Horenburger stated that several weeks ago she asked about North and South 1st Streets being opened; North 1st Street has been opened but South 1st has not. She would like to ask that when they are both open temporarily with shell rock that they be looked at every couple of days and kept in good condition. Mr. Bird questioned what the grade will be to get from Atlantic Avenue to Swinton Avenue after the improvements are completed. The City Manager advised he knows they are lowering the road itself six inches; however, he is not sure what the grade will be. Mr. Bird requested that someone on staff give Council a report as to how this will be done. 7.a.10. Mayor Campbell stated Council has received the Land Use Plan Amendments, County Pockets and Reserve Area study from the Planning Department in conjunction with the Planning and Zoning Board. This will be a recommendation to the County in their Comprehensive Land Use Plan analysis. Mayor Campbell stated the study did not make much sense to him in that he would like to know where there are changes being recom- mended without having to go back through it. He requested that Council be given some clarification and, if it can be brought back before Thurs- day or Friday, it can be considered on next week's workshop meeting. 7.a.ll. Mayor Campbell stated Council has been furnished with a list of names for the Downtown Drainage Study consultant selection. It was the consensus of Council that they shortlist the list to three names and have them make a presentation at a Special Meeting before the workshop meeting next week. Mr. Bird moved that the shortlist be comprised of Barker, Osha, Anderson; Kamp, Dresser & McKee and James Montgomery, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7.b.1. The City Attorney advised Council has been furnished a copy of Ordinance No. 23-86 and requested that it be added to the agenda as Item 22. Mr. Bird moved to add Ordinance No. 23-86 as Item 22 of the Regular Agenda, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7.c.1. The City Manager stated several months ago Council authorized, while sitting as the SCRWTD Board, Periodic Payment No. 6 in the amount of $295,231.25. They have now received a request for payment. Mr. Bird moved to authorize payment of Periodic Payment No. 6 in the amount of $295,231.25 with funds to come from the Unobligated Bond balance for the expansion of the Sewer Plant, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7.c.2. The City Manager stated, with regard to the Highland Trailer Park, that the City is ready to hook them up for water; however, the City Attorney's office has a problem with some of the water service agreements. The trailer park is under an order from the County to hook up to City water. He met today with the president and engineer of the trailer park and they indicated that they would be willing to do any- thing at all possible to speed the process up. Upon question by Mayor Campbell, the City Attorney advised Council needs to give formalized approval of the water service annexa- tion agreements when they are in final form, which they are not. Also, the City's policy is to require that there be some proof submitted that the person executing the agreement does, in fact, own the land in fee-simple at the time they execute. He has not yet received any proof of ownership from anyone in the trailer park. Mayor Campbell questioned if what they are asking for is to be able to hook up and then follow up with all of the legal requirements. The City Attorney stated, from his standpoint, he feels it would be bad policy to do that because the City may never get the agreements executed -4- 4/8/86 properly. However, if Council intends to do so, he would suggest that they conditionally approve the hook up, subject to proper execution of the agreements on or before a certain date, at which time the water service would be terminated unless the agreements are in final form and have been accepted. Mrs. Horenburger moved to approve the hook up as advised by the City Attorney with the agreements to be properly executed within 60 days, seconded by Mr. Weatherspoon. Mr. Bird suggested that Mrs. Horenburger amend her motion to allow the trailer park until December 31st to properly execute the agreements as they have shown a willingness to comply with the City's requirements. Mrs. Horenburger amended her motion as suggested by Mr. Bird, Mr. Weatherspoon amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Weatherspoon questioned how the trailer park will be affected if the Enclave Act passes. The City Attorney advised they would be unaffected; however, they would be subject to annexation once they become contiguous. At this point the roll was called to the motion. Mayor Campbell stated he would urge, if Council concurs, that before anything is done the attorney and engineer representing the trailer park agree that they will send notices to everyone informing them of Council's action and explaining that this is a conditional approval. The City Attorney stated that when this item was first pre- sented to Council, and they adopted the new hook up rates, their deci- sion was that they would be willing to charge the Highland Trailer Park the rates before they were increased. However, a few weeks ago there was a request made that the City charge them the in-City rate for water service even though they are not contiguous and, therefore, not subject to being annexed. Two issues arose: (1) as a policy matter, should Council do that at all for anyone, even though we are encouraging annexation because of the precedent that it sets for properties not annexed and (2) is there any impediment in doing so in the bond cove- nants for the City's Water and Sewer Revenue Bonds. As to the second question, he advised that based on the recommendation from Bond Counsel it is not an impediment. Mr. Bird stated he believes that the agreement made two years ago was that the City would provide them with water, allow the hook up under the old rate structure but that the 25% surcharge would be charged until such time as they were within the City's boundaries. The City Manager advised that the request made two weeks ago regarding being charged in-City rates has been dropped. Mr. Pello, representing the Highland Trailer Park, stated that if the City Attorney can explain to him exactly what is required he will try to get the information for him. The City Attorney advised that he and the Assistant City Attorney have agreed to set aside sufficient time within the next week to go through each of the service agreements and tell Mr. Pello specifically what needs to be done. 7.d.1. Mr. Curtis Abel, Mrs. Charlotte Keel and Mr. Eugene Carrero, residents of the Rio Del Rey Shores Subdivision, stated that the condi- tion of the roads in this area are very bad and nothing has been done in 20 years to resurface them. They would like Council to do anything they can to expedite the resurfacing. Mr. Carrero stated that the City has been promising them for years that something would be done. He understands the City has $300,000 allocated to resurface roads; however, Rio Del Rey Shores is -5- 4/8/86 not included on that list. He would like to see Council insist that their Subdivision get resurfaced this year. Mayor Campbell advised that under the new procedural rules Council will not be voting on any motion tonight; however, this will be taken under consideration and a Council Member can place this on the appropriate agenda for next week. 7.d.2. Reverend George Champion, St. Paul A.M.E. Church, stated he is here tonight representing the black citizenry concerning comments made by Joan Weir and Connie Tuttle of the Downtown Development Authority which were racial against the Haitian community. They are outraged by those comments and are concerned that the DDA has not issued any state- ment of apology. They feel the only thing which will clear the air, and assure their community of justice, would be the immediate dismissal of Mrs. Tuttle and an apology from a City official. 7.d.3. Mr. John Petty, questioned what action has been taken with regard to Lake Delray being blocked off. Today, the manager of the apartments was pouring concrete and boulders across the lake. Mayor Campbell requested that the City Manager look into this situation and report back to Council. If there is no satisfactory answer it can be placed on next week's workshop meeting for a general discussion. 7.d.4. Mr. Howard Sheen, 618 Eagle Drive, stated he has the same complaint as Mr. Petty. He had spoken with Mr. Gates Castle, Assistant City Engineer, and was told that the Lake was dedicated to the public. The City Attorney advised that despite the fact there has been insistence that it is a public lake, it is, in fact, not dedicated to the public. However, the canal that goes through the middle of the Lake is public. What was dedicated in 1955 was deleted in 1966 by another subdivider of the property. Thus, it is private and the jurisdictional responsibility for it rests with the Department of Environmental Regula- tions and the Health Department; these departments have informed the City that they have notified the persons in violation. 7.d.5. Reverend Semmie Taylor, House of God Church, stated that the street signs for Martin Luther King, Jr. Boulevard stop at Federal Highway and he questioned why. Mayor Campbell suggested that Reverend Taylor contact the City Manager's Office. 7.d.6. Mrs. Carolyn Young, 3556 Lakeview Drive, stated that approxi- mately one month ago she came before Council regarding quadraplexes. They were going to do a study; however, as of this date she has received no information. Upon question by Mayor Campbell, the City Attorney advised the subject of quadraplexes is ready for discussion; however, the overall issue of Subdivision Codes and Platting is not. Mayor Campbell requested that this item be placed on next week's workshop meeting. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 8. Final Plat Approval - Delray Isuzu. Council is to consider a 'request for final plat approval for Delray Isuzu, an approved automobile dealership, located at the southeast corner of the intersection of Avenue "L" and South Federal Highway. It is zoned SAD (Special Activi- ties District) and contains 0.986 acres. Approval is recommended. 9. Traffic Signal Installation - West Atlantic Avenue and 12th Avenue. Council is to consider authorizing transfer of $28,014 from the 1984/85 lapsed funds as the City did not receive Palm Beach County's -6- 4/8/86 release until March 20, 1986 although Council approved payment from the Contingency Fund on March 15, 1986. Approval is recommended. 10. Lifeguard Towers. Council is to consider award of a contract 'to the low bidder, Bruce Beattie, Inc., for three lifeguard towers in the amount of $20,844, with funds to come from the 1984/85 General Fund Balance. Approval is recommended. Mrs. Horenburger moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared a recess the time being 8:40 P.M. The meeting was reconvened the time being 8:48 P.M. REGULAR AGENDA 11. Specific Council policies regarding Enclave Act (Mayor). Mayor Campbell stated he requested this item be placed on the agenda because he is concerned about the procedural techniques with which the City is going forward in trying to encourage final adoption by the State Legislature. He believes it would be beneficial for everyone if Council and the public were apprised formally of what the procedures of the City are going to be. He requested that an informational fact sheet be made up in order to answer any questions which may be raised by members of the press, the general public and, in particular, those residents and businessmen who will be affected because they live or work in the pockets. He would encourage staff to go ahead and prepare a fact sheet so that Council will understand how many pockets there are, how many people will be affected, how many voters, what the City's policies may be with regard to ultimate annexation, i.e., the time period and delivery of services, what they intend to do about non-conforming uses - are they going to be grandfathered, amortized, abolished, etc. With regard to City services, water and sewer in particular, he would like to know to what extent is the City going to initiate extension lines and ask the perspective new residents to pay in order to connect. Some of these matters are needed by Council very quickly to decide as policy questions. Mayor Campbell stated a lot of the problems he has been facing, in talking with people, have been based on misinformation. He believes it is the intent of the City that they cannot annex any pocket until they are ready, willing and able to deliver City services. Finally, after Council receives a proper fact sheet and determines some policy matters, they need to decide what their procedure is going to be in lobbying this Enclave Act. Do they want to expend any City funds for lobbying, a campaign of awareness and advertising? Mr. Weatherspoon concurred with Mayor Campbell's comments. He questioned what their lobbying effort will be in addition to what staff is doing. Mayor Campbell stated the way things work in Tallahassee every day could be an extreme shift in opinion. Council needs to decide if they are going to have someone there every day or is it going to be a rotation duty between staff, Council and the public. Mayor Campbell stated that he has put forth, what he believes, are those items which need to be discussed, approved and considered by Council in order to have an orderly lobbying and informational campaign. He suggested that Council consider these items which have been raised, have the City Manager prepare the fact sheet and hold a Special Meeting within the next few days in order to vote on the policy questions. Mrs. Horenburger stated there are several policy questions and the major one is how much they are going to spend and what they are going to spend it on. She feels they also need to examine what it is going to cost the people who annex into the City, particularly existing residences, and look at whether or not the City is willing to make some concessions with regard to water and hook ups. -7- 4/8/86 Mr. Bird stated the most difficult aspect of this particular lobbying effort is that they will have no set agenda; local bills are taken up whenever the Chairman finds a spot. If they want people in attendance to do last minute lobbying, then they are going to have to have someone there tracking the bill. Council is going to have to decide if they are going to send staff up to Tallahassee or are they going to do it on a rotating basis; they will have to be prepared for the expense of having someone be there from now until such time as the final action is taken. Mr. Dougherty stated that staff has been doing a good job in getting notices out to the various delegates. However, he concurs with Mayor Campbell's comments and feels that they should put out some kind of document which really represents the City's position. Mayor Campbell stated that he would like the City Manager to synopsis the policy questions that need to be clarified. The City Manager advised that Kathy Daley, Supervisor of Special Projects and Legislative Affairs, has already put together a listing of questions which Council is going to have to address as they are questions which she cannot answer. Kathy Daley stated that most of the questions she has a problem with are strictly policy questions and even staff cannot make the decisions. She advised she could make a list of those questions and have them to Council within the next few days. It was the consensus of Council to hold a Special Meeting on Thursday, April 10th at 5:00 P.M. Mr. Sam Schwimer, Pines of Delray, stated he has not heard any mention of inviting the participation of the general public. He feels the fact sheet Council will be receiving should also be made available to people who can, and want to help the City. Mr. Stanley Milosk~, President of the Citizens to Pass the Enclave Act, stated they need help and support from Council. They feel it is very important that they advertise and suggested that Mayor Campbell and the Police Chief write an article stating what the benefits are for the people within the City and the residents of the pockets. Mrs. Helen Coopersmith, 1222-D South Drive Way, stated for the last three weeks the Progressive Residents of Delray (PROD) have been working very hard at getting out letters and postcards. She feels Council needs to act fast on this issue as the politicians have made it very clear what they are going to do. 12. Conditional Use and Site Plan Approval - Zankl Imports. Council is to consider a request for conditional use and site plan approval for Zankl Imports to allow a renovation and expansion of an existing automobile dealership, located on the west side of N.E. 6th Avenue, between N.E. 4th Street and N.E. 5th Street. It is zoned SC (Specialized Commercial) and contains 1.18 acres. The Planning and Zoning Board and Planning Director recommend approval subject to the following conditions: (1) That the only conditional use to be approved hereunder is as follows: Automobile sales and service. (2) That a Unity of Title acceptable to the City Attorney joining all the lots into one building site be submitted prior to building permit. (3) That appropriate traffic control signs be required on the alley and driveways connecting thereto, as approved by the Engineering Division. (4) That all improvements are to be completed in accordance with the approved site plan. (5) This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of the improvements are made by that time. If the approval expires, a request for an extension must be made in accordance with Sec. 30-21 (E) of the Zoning Code. -8- 4/8/86 Mr. Weatherspoon moved for conditional use and site plan approval for Zankl Imports, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 13. Site Plan Approval - Diomin Property Office Building. Council is to consider a request for site plan approval for the Diomin Property Office Building, a 87,140-square foot office development in a four-story structure, located on the south side of S.E. 10th Street, between S.E. 5th Avenue and S.E. 6th Avenue. The Planning and Zoning Board and Planning Director recommend approval subject to the following condi- tions: (1) That the City Council determine if the request for Administrative Relief to provide thirty (30%) compact car parking spaces conforms to their intent of long term employee parking as set forth in Sec. 30-18(B) (6) (a) of the Zoning Code. (2) Parking tiers designated for compact car spaces should be identified by signs in accordance with Sec. 30-18(C)- (3) (e). (3) An attempt should be made to better integrate compact car parking throughout the parking facility in a manner so that compact and standard size cars have equal access to the most desirable parking areas (Sec. 30-18(B) (4) (d)). It appears that the design favors compact parking, although the site configuration is such that redesign may be difficult. (4) That platting is required (Engineering Division's memo- randum of March 15, 1985). (5) The Public Utilities Department requests a relocation of the proposed layout for the watermain to a southerly location (Director of Public Utilities' memorandum of April 10, 1985). (6) Provide accessible location for fire hydrant on site within 250 feet of the building, and a drive-around clearance height of 13 feet minimum (Fire Marshal's memorandum of April 9, 1985). (7) That all improvements be completed in accordance with the approved site plans, except as modified by the conditions outlined above. (8) That the time limitation of this approval be eighteen (18) months pursuant to Sec. 30-22(E) of the Zoning Code. (9) That the developer shall contribute fifty cents per square foot for all the office building to be paid to the City of Delray Beach at the time of issuance of Certifi- cate of Occupancy, in addition to any other road impact fees otherwise required. The funds shall be placed into a Roadway Trust Fund by the City, and transmitted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Interstate 95 within the pro- jects area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improvements within the impact area. Mr. Bird moved for site plan approval for .the Diomin Property Office Building, seconded by Mr. Weatherspoon. The City Attorney stated he would like to get the representa- tive for the applicant's statement on the record that he accepts the conditions as set forth above. Mr. Larry Schneider, Currie, Stubbins, Schneider, architects for the project, stated he has discussed the conditions with Mr. Nagy and he has no problem with them, including number 9 which has been added. Upon question by Mayor Campbell, Mr. Schneider stated that the building, as presently intended, is going to be a glass building. Mayor -9- 4/8/86 Campbell stated he feels that is unfortunate as they do not need any more glass buildings around Delray and particularly in that location as it is an important entry into the City. He also questioned the land- scaping. Mr. Schneider stated the landscaping does meet all code requirements. Upon question, Mr. Schneider advised the Community Appearance Board has approved the plans under the preliminary review part of the approval process. The final approval will be when the plans come in for a permit. Mr. Bird stated that he thought approximately a year ago Council changed the procedure and did not want to see any plans until all approvals had been made and once Council approved it that was the final action. If that is not being done, then he would like someone to explain, at next week's workshop, why it is not and how soon it will be. Upon question by Mayor Campbell as to whether there is any impediment for Council to require that CAB approve the site plan before Council finally does, the City Attorney replied that no, there is not, and he thought it was being done now. Mayor Campbell suggested that this be placed as a special item on next week's agenda so that Council can vote on it then. Mr. Bird stated he does not think delaying this applicant another week will accomplish anything; in order for Council to have the information they need would require the CAB to also have a special meeting. Mayor Campbell stated he was intending to undertake a special effort to contact the applicant and make sure he is satisfied as to his own concerns. Mrs. Horenburger stated obviously they are going to have to change their procedures and that will take some time. However, this item is on the agenda, Council received their packets last Friday evening and if there were any problems they should have let Mr. Schneider know ahead of time. She feels that, in all fairness, unless there is some serious concerns about the site plan itself, that Council should move on this item. Upon question by Mrs. Horenburger as to whether there is any ordinance or guideline which establishes the process for site plan approval, the City Attorney advised there is not; there are in-house policies but they are not set in the Code of Ordinances. Mr. Dougherty questioned what the CAB will see on final ap- proval that they have not seen already in the preliminary review stage. Mrs. Elaine Roberts, CAB member, stated when plans come up for preliminary approval the Board gives comments and try to help and guide the applicant as to problems there may be with the project. Therefore, the applicant knows how the Board feels if there is an improvement to be made or something needs changed. However, this particular item came before Council a few weeks ago and the CAB was asked to review it again. Mr. Bird stated that in the memorandum from the Community Appearance Board to Council dated March 27, 1986, it would appear to him that Items 1, 2, 3 and 5 are not CAB items at all, leaving Council with Item 4 and possibly 6. Therefore, he is going to have to note, for the record, as he neglected to do so when he made his motion earlier, that those items which are not the CAB's purview should not be incorporated by the reference and the motion. Mr. Bird amended his motion to include that the items listed in the Community Appearance Board's memorandum dated March 27, 1986, should not be incorporated in the motion, Mr. Weatherspoon amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: -10- 4/8/86 Cheryl Stolzenberg, Planning Department, stated the question of compact car spaces is the reason why this item is before Council to- night. This is the first time that a project has come in under this provision of the Code whereby compact car spaces, for employees, are allowed. The Planning and Zoning Board and the CAB are asking Council to determine whether this is, indeed, what they intended by including it in the Code. Upon question, Mr. Bird clarified that his motion was to approve site plan approval, subject to the nine conditions listed in the Planning Department's memorandum, but not to include those items listed in the CAB's memorandum. At this point the roll was called to the motion. 14. Master Landscape Plan Approval - Delra¥ Park of Commerce. Council is to consider approval of the master landscape plan for Delray Park of Commerce, a 49.95-acre parcel zoned PCC (Planned Commerce Center), located at the northeast corner of Congress Avenue and Lake Ida Road. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: (1) That no trees shall be planted within ten (10) feet of any right-of-way line along Congress Avenue and Lake Ida Road. (2) That no trees shall be located in any utility easement areas. (3) That no plantings shall be in any right-of-way unless they have been given specific approval by the City. (4) All plantings around the maintenance areas of the lakes shall have the specific approval of South Florida Water Management District. (5) That irrigation shall be provided from a source other than City water. (6) That the sod selection be approved by the City Horticul- turist. (7) That the developers of Tract R be sensitive to the existing stand of slash pines, and that every effort be made to preserve and protect this important stand of trees to the maximum extent possible. (8) That all plantings shall conform to the approved land- scape plan. Mrs. Horenburger moved to approve the master landscape plan for Delray Park of Commerce, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 15. Tallbacka Water Service Agreement. Council is to consider execution of a water service agreement for a 0.58-acre parcel located north of N.E. 8th Street, between Palm Trail and the Intracoastal Waterway. It is zoned RH (Residential High Density) in the County and SF (Single Family) on the City's Land Use Plan. Approval is recom- mended. Mrs. Horenburger moved to approve execution of a water service agreement, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 16. Sea. Turtle Project. Council is to consider award of a contract to the low bidder, John Fletemeyer for sea turtle monitoring/con- servation project; monitoring sea turtle nesting, moving endangered nests to hatchery and releasing hatchlings from May to September 1986. Cost will be $8,930, with 25% from the Erosion Control Fund and 75% from the DER contract. Approval is recommended. Mr. Bird moved to award a contract to the low bidder, John Fletemeyer in the amount of $8,930, with 25% to come from the Erosion Control Fund and 75% from the DER contract, subject to review by the -11- 4/8/86 City Attorney's Office, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 17. Request for four additional Police Officers. The City Manager stated he indicated in January that if Council wished to continue with the Tact Team he would be requesting four additional police officers later in the year. If they wish to have these officers in the field by October 1st they will need to take action now so that staff can go through recruitment and get the officers into the Police Academy. Mr. Weatherspoon questioned if the funding for these officers will come from next year's fiscal budget. The City Manager advised the cost of getting the officers through the Police Academy will be borne out of the positions which have not been filled in the Police Depart- ment. However, the cost of the four officers will show up in the next budget. Mr. Weatherspoon moved to approve the request for four addi- tional police officers, seconded by Mrs. Horenburger. Mr. Dougherty stated they assigned five persons from the Police Department to the Tact Team and questioned why they do not replace them with five additional officers. He also questioned if Chief Kilgore has the Recidivism Report prepared yet. Chief Kilgore stated that Sergeant Wilson is putting that together and he should have it ready by the end of this week. With regard to the officers, he stated they are only going with four officers because they do not have enough funding for five. Mr. Dougherty suggested that the motion be amended to approve five officers. Mrs. Horenburger questioned if there are funds available in the budget to get five officers through the Academy. The City Manager advised there are not funds available in the Police Department's budget; however, Council could appropriate additional funds. Mr. Dougherty made a substitute motion to approve the hiring of five additional police officers, with the additional funding for the fifth officer to come from the Contingency Fund, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Council Chambers at this time. 18. Settlement - Minnie Pressie et al vs City of Delray Beach. Council is to consider settlement of Minnie Pressie et al vs City of Delray Beach in the total amount of $145,000. Approval is recommended. The City Attorney advised that in August at a Council Workshop Meeting, Council, by consensus, authorized Frank G. Cibula to negotiate a settlement if it did not exceed $150,000. Therefore, the motion would be to ratify and adopt the settlement figures as set forth in Mr. Cibula's letter of February 13, 1986. The funds will come from the Self-Insurance Fund. Mr. Weatherspoon moved to ratify and adopt the settlement of Minnie Pressie et al vs City of Delray Beach in the total amount of $145,000 with funds to come from the Self-Insurance Fund, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 19. Access by Independent Free Public Libraries to State Library Grant Funding Sources. Resolution No. 21-86, requesting the Florida Legislature to enact legislation to provide for access by independent free public libraries to state library grant funding sources, is before Council for consideration. -12- 4/8/86 The City Manager presented Resolution No. 21-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO PROVIDE FOR ACCESS BY INDEPENDENT FREE PUBLIC LIBRARIES TO STATE LIBRARY GRANT FUNDING SOURCES. (Copy of Resolution No. 21-86 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 21-86, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 20. Ordinance No. 21-86 - Nocera Annexation. Ordinance No. 21-86, relative to annexing a 0.39-acre parcel subject to LI (Light Industrial) Zoning District, located on the west side of Germantown Road between Royal Palm Drive and S.W. 10th street, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held on May 13th. The City Manager presented Ordinance No. 21-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 5, ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE WEST SIDE OF GERMANTOWN ROAD, BETWEEN ROYAL PALM DRIVE AND S.W. 10TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 21-86 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 21. Ordinance No. 22-86 - Nocera Rezoning. Ordinance No. 22-86, relative to rezoning a 0.25-acre parcel from R-lA (Single Family Dwell- ing) District to LI (Light Industrial) District, located on the west side of Germantown Road between Royal Palm Drive and S.W. 10th Street, is before Council for consideration on First Reading. It is designated I (Industrial) on the City's Land Use Plan. If passed, Public Hearing will be held April 22nd. The City Manager presented Ordinance No. 22-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN LI (LIGHT INDUSTRIAL) DISTRICT, A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE WEST SIDE OF GERMANTOWN ROAD, BETWEEN ROYAL PALM DRIVE AND S.W. 10TH STREET AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 22-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -13- 4/8/86 22. Ordinance No. 23-86 - Amendin~ Code - Garbaqe and Trash. Ordinance No. 23-86, relative to service charges for garbage and trash, is before Council for consideration on First Reading. If passed, Public Hearing will be held April 22nd. The City Manager presented Ordinance No. 23-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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", SUBSECTION (c), TO DELETE THE MINIMUM MONTHLY SERVICE CHARGE AND TO PROVIDE FOR AN ADDITIONAL MONTHLY FEE OF $1.25 FOR MULTIPLE BILLINGS FOR MECHANICAL CONTAINERS AND COMMERCIAL REFUSE CONTAINER SERVICE (TYPE E); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 23-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell declared the meeting adjourned at 9:55 P.M. City Clerk 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 Council of April 8, 1986, which minutes were formally approved and adopted by the City Council on ~_~ ~,. /~. '- U City CIerk 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 Council. 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. -14- 4/8/86