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04-22-86 APRIL 22, 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 7:10 P.M., Tuesday, April 22, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Richard J. Dougherty Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Council Member Marie Horenburger Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Wendall Hollings- worth, Grace Fellowship Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for agenda approval, seconded by Mr. Weather- spoon. 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. PUBLIC HEARING Mayor Campbell left the Council Chambers at this time and Vice Mayor Weatherspoon took the chair. 5. Ordinance No. 20-86 - Espinoza Annexation. Ordinance No. '20-86, relative to annexing a 0.25-acre parcel subject 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 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 City Manager presented Ordinance No. 20-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 7, 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. (Copy of Ordinance No. 20-86 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. Bird moved for the adoption of Ordinance No. 20-86 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Vice- Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 6. Ordinance No. 22-86 - Nocera Rezoning. Ordinance No. 22-86, relative to rezoning a 0.25-acre parcel from R-lA (Single Family Dwelling) District to LI (Light Industrial), located on the west side of Germantown Road between Royal Palm Drive and S.W. 10th Street, is before Council for consideration on Second and FINAL Reading. It is designated I (Industrial) on the City's Land Use Plan. 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 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". (Copy of Ordinance No. 22-86 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. Bird moved for the adoption of Ordinance No. 22-86 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Vice- Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 7. Ordinance No. 23-86 - Amending Code - Charges for Mechanical and Commercial Refuse Container Service. Ordinance No. 23-86, amending Chapter 12, "Garbage and Trash" of the Code of Ordinances to provide for an additional monthly fee of $1.25 for mechanical and commercial refuse container service, is before Council 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 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. (Copy of Ordinance No. 23-86 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. Bird moved for the adoption of Ordinance No. 23-86 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Vice- Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Mayor Campbell returned to his chair at this time. - 2 - 04/22/86 CONSULTANT SELECTION Mayor Campbell left the Council Chambers at this time due to a conflict of interest. 8. At this time the following three firms made presentations to Council relative to the Downtown Drainage Study Consultant Selection. a. Barker, Osha & Anderson, Inc., represented by Henry Gloss, President. b. Camp, Dresser and McKee, represented by Mr. Larry Roesner, Vice-President, and Charles Moore, Engineer. c. James M. Montgomery, Inc., represented by Glen Humphrey, Vice-President and Andy Johnson, Engineer. At this time Council ranked the firms as follows: (1) Barker, Osha & Anderson, Inc.; (2) James M. Montgomery, Inc.; (3) Camp, Dresser and McKee. Mr. Bird moved that staff be directed to commence negotiations for contract for the Downtown Drainage Study, first, with Barker, Osha & Anderson, second, with James M. Montgomery, and, third, with Camp, Dresser and McKee, in that order, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Mayor Campbell returned to his chair at this time. 9. At this time the following firms made presentations to Council relative to Professional Services for the Carver School Park Improvement Project: a. Sheremeta Associates represented by Dick Sheremeta and Debra Turner. b. Michael T. Caistor Design Corporation represented by Michael Caistor and Bill Krump. c. Darby and Way, Inc., represented by Ed Mantel and Thaddeus Cohen. At this time Council ranked the firms as follows: (1) Darby and Way, Inc.; (2) Sheremeta Associates; (3) Michael T. Caistor Design Corporation. Mr. Weatherspoon moved to direct staff to commence negotiations for contract for the Carver School Park Improvement Project, first, with Darby and Way, Inc., second, with Sheremeta Associates, and, third, with Michael T. Caistor Design Corporation, in that order, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. (Mr. Bird abstained due to the possible appearance of a conflict of interest). PROCEDURAL ITEMS 10. Mr. Weatherspoon moved for approval of the minutes of the Regular Meeting of April 8, 1986. Mr. Dougherty stated it was his understanding that the item brought up by Reverend Champion at the last regular meeting re: comments made by Joan Weir and Connie Tuttle, Member of the DDA, was to be on their next workshop agenda and he questioned why the minutes do not reflect that. Mr. Weatherspoon stated as he recalls it was left up to a Council Member to request that it be put on an agenda but was not actually scheduled. Mr. Dougherty requested that the transcripts of that meeting be reviewed and, if it appears on the transcripts, that the minutes be amended. Otherwise he withdraws his request. (Note: Tapes were checked and no member of Council requested that this item be scheduled for a meeting). - 3 - 04/22/86 Mr. Weatherspoon accepted the amendment to the motion, 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. ll.a.1. Mr. Dougherty requested that the City Manager present Council with the first 1986 quarterly report at their next regular meeting. ll.a.2. Mr. Dougherty stated that House Bill 825 will require the DER to determine the cost benefit ratios for any change in the permit requirements for the Wastewater Treatment Plants. Their particular plant will be affected. This is an opportunity for them to let their legislators know that they would support this type of legislation. Mayor Campbell suggested they review the bill and discuss it at next week's workshop meeting. He asked the City Attorney to bring them a copy of the bill. ll.a.3. Mr. Dougherty stated there was a newspaper article about the financial affairs of the tennis courts. He would like that issue to be brought before Council as soon as possible. The City Manager requested that Council postpone any action on this matter until staff completes its review of the situation. Mr. Weldon has begun efforts to revise the situation and he feels they should wait before making an official report to Council. However; he would be happy to speak to Council Members individually on the matter. It was the consensus of Council to address this matter at the next regular Council meeting. ll.a.4. Mr. Dougherty stated he received a communication from the National Youth Sports Association which raised some legal issues, for example, that the City might be incurring some liability in the event of injury. Mr. Joe Weldon, Parks & Recreation Director, stated that this organization certifies youth coaches and the letter they sent was rather alarming. Mayor Campbell asked Mr. Weldon to investigate the matter and report back to Council. ll.a.5. Mr. Weatherspoon, on behalf of his family, thanked staff and citizens for the phone calls, flowers and prayers during his family's tragic loss of his brother. ll.a.6. Mr. Weatherspoon asked for the status on the waterline problem at the 7-11 on East Federal Highway. Mr. Bob Pontek, Public Utilities Director, stated there were some easement difficulties with Dumar Plaza which have been resolved. Dumar Plaza would like certain improvements to be made by 7-11 prior to granting an easement. The City has resolved its difficulties and they are prepared to install the line. ll.a.7. Mr. Weatherspoon stated he received a complaint from a resident near Marina Delray regarding a noise that is very annoying. The City Manager advised that it is a vibration that occurs from an old fan or condenser. They have checked it out and it does not seem to violate the City's code. ll.a.8. Mr. Weatherspoon stated that Council received a communication from the City of Boca Raton whereby that City is encouraging County Commissioners to increase the gas tax by $.02. Due to the fact that the price of gas has gone down considerably and they do need much road improvement, he feels they should support that position. However, he felt they should put a time duration on the tax. Mr. Dougherty noted that this $.02 would be in addition to the $.02 the State is going to impose. With regard to the time duration, he suggested they tie it in with the price of oil. It was the consensus of Council to forward a letter of support of the tax increase and then follow it up with a formal resolution. - 4 - 04/22/86 ll.a.9. With regard to the Florence Fuller Child Care Title 20 Program, Mr. Weatherspoon noted that last year they contributed $30,000. He feels that, before they consider giving more funds this year, they should be advised as to the disbursements for the 1985-86 year and the balance from fiscal year 1985-86, if any, and what they intend to do with it. The City Manager stated that this was a new item last year. He would like Council to give direction now because a $50,000 item is something they need to know about in advance. Mayor Campbell asked that Council be provided with the information requested and that they get back to this for further discussion. ll.a.10. Mayor Campbell stated that they received a voluminous sign code revision and he asked that everyone take the time to look it over and be ready to discuss it at their first workshop in May. ll.a.ll. Mayor Campbell asked when Council might be able to get a report with regard to the parking on West Atlantic Avenue. The City Manager advised he can have a report at the next workshop meeting. ll.a.12. Mayor Campbell asked the status for additional parking for 5th Avenue. The City Manager advised that they have the sites and ap- praisals and are ready to proceed and Council will have to determine what funding source they will use. They have one land acquisition fund with about $150,000 in it. The City Manager cautioned that they have talked with people in the area and there is not a consensus of where the parking lot should be; it will be dictated by the amount of money the City has available. But it will probably not make everyone in the area happy. Mr. Bird stated he does not recall the three sites and their merits and he recommended that Council consider this item at a Special Meeting next week. The City Manager stated he will provide Council with the original Engineering proposal, all information on the appraisals and the best recommended site. ll.a.13. Mayor Campbell presented Resolution No. 26-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, UNITED STATES OF AMERICA, THANKING GREAT BRITAIN'S PRIME MINISTER MARGARET THATCHER FOR HER SUPPORT AND THAT OF HER MAJESTY'S GOVERNMENT SUPPORT AND ASSISTANCE WITH THE UNITED STATES' PROGRAM AND OPERATIONS IN COMBATING LIBYAN TERRORISM; PROVIDING FOR COPIES OF THIS RESOLUTION. (Copy of Resolution No. 26-86 is on file in the official Resolution Book) Mr. Bird stated that although he agrees with the sentiment expressed by this resolution, he feels this might be beyond their bounds of responsibility as a Council. Mr. Dougherty moved for the adoption of Resolution No. 26-86, 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. ll.a.13. Mayor Campbell reported that they have a request from the Women's Coalition of Palm Beach County regarding a proposal being brought before many governmental entities relative to a change in the building code requiring an impact fee for child care centers. The City of San Francisco adopted such an ordinance and a proposal of this nature will be going before Palm Beach County. He feels it is a timely measure considering the growing number of women entering the work force and he would like Council's feelings on the matter. Council discussion was had at this time. Upon question by Mr. Bird, the City Attorney advised that in the State of Florida impacts may be imposed for capital improvements only. - 5 - 04/22/86 Mrs. Sylvia Inglestein, Women's Coalition, made a presentation in support of the proposal. It was the consensus of Council to discuss San Francisco's ordinance at the next workshop meeting. ll.b.1. The City Attorney presented Resolution No. 25-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING 1985 AS THE BASE YEAR FOR THE COMMUNITY REDEVELOPMENT AGENCY'S TAX INCREMENT DISTRICT; SERVING NOTICE OF THE INTENT TO ESTABLISH A REDEVELOPMENT TRUST FUND. (Copy of Resolution No. 25-86 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 25-86, sec- onded 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. ll.b.2. The City Attorney reported that they need to clarify the effective date of the contract for the sale of the Homewood Boulevard tract to St. Mary's the Virgin Church. His review of the minutes indicates that Council's intent was to make the contract effective January 14, 1986; however, he needs a motion from Council. Mr. Weatherspoon moved to recognize January 14, 1986 as the effective date for the contract, 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. ll.c.1. The City Manager informed Council of a conference on imple- menting the 1985 Growth Management Act at the Marriott Hotel in Fort Lauderdale on May 1, 1986. It will be a day long seminar and any Council Members interested in attending should let him know by April 25th. 11.c.2. With regard to lighting West Atlantic Avenue, the City Manager recalled that Council's motion was to go from Homewood Boulevard all the way to Military Trail, with Homewood to Barwick as phase 1, and Barwick to Military as phase 2. He strongly recommends that they proceed with phase 1 but that Council give serious consideration to the deletion of phase 2, at least for the present time. He added that that portion of West Atlantic Avenue is not in the City of Delray Beach. Council discussion was had in this regard. Mr. Bird felt the County should pay for the County portion of the project. Mayor Campbell noted that sooner or later that area will be part of the City of Delray Beach. The City Manager stated he needs something on the record as to Council's intention. Mr. Dougherty stated he would support going to Military Trail. Mr. Bird stated he would support going to Barwick Road at this point in time. Mr. Weatherspoon stated he would support going to Military Trail. Mayor Campbell stated he would support going to Mili- tary Trail. ll.b.3. The City Attorney reported that the Enclave Act is up for formal, full consideration by the Community Affairs Committee in Talla- hassee tomorrow afternoon at 3:30 P.M. He will endeavor to make an appearance at this hearing in addition to the labor and personnel related matters he was originally going there for. Mayor Campbell added that citizens are encouraged to call their representatives in support of the act. ll.d.1. Mrs. Helen Coopersmith, High Point, asked for permission to speak on beautification under Item #27, utility tax increase. - 6 - 04/22/86 ll.d.2. Mr. Sam Schwimer, Pines of Delray, asked for the status of a parking area for Ingraham. Mayor Campbell stated he would have the City Manager contact Mr. Schwimer in this regard. ll.d.3. Mr. Schwimer noted that this week is Volunteers Week and suggested that City Council honor its volunteers and give consideration to the possibility of using volunteers in City operations. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 12. Appointment - Delray Beach Human Relations Committee. Council is to consider the appointment of Reverend Robert W. Duncan as a member of the Delray Beach Human Relations Committee to a term ending March 15, 1988. Approval is recommended. 13. Requisition No. 3 - Foster Marine Contractors, Inc. Council is to consider authorizing payment of Requisition No. 3 in the amount of $41,659.48 for Intracoastal Waterway crossing expansion, with funds to come from the 1984 Revenue Bond. Approval is recommended. 14. Final Plat Approval (Revised) - Verona Woods. Council is to consider a request for a revised final plat for Verona Woods, a proposed single family subdivision containing forty-two lots, located on the south side of Germantown Road between the E-4 Canal and S.W. 35th Avenue. It is zoned R-1AAA (Single Family Dwelling) District and contains 19.968 acres. The Planning Director recommends approval subject to the following condition: (1) That a contribution based on a pro-rata share according to the number of lots be made toward the installation of a lift station and associated improvements to comply with the Public Utilities memorandum of October 14, 1985. 15. City Park Gates. Council is to consider award of a contract to 'the low bidder, Certified Welding Engineers, Inc., for nine aluminum gates in the amount of $25,650 with funds to come from the 1985/86 budget. Approval is recommended. 16. Gravity Sewer Extension - S.W. 14th Avenue and S.W. 15th Avenue. Council is to consider approval of gravity sewer extension construction to offer added well field protection by Olsak & Associates, Inc., in the amount of $45,150. The developer is agreeable to a 50-50 cost share and the City's portion would not exceed $22,575, with funds to come from the FY85/86 Capital Outlay. Approval is recommended. 17. Watermain Extension - S.W. 4th Avenue. Council is to consider authorizing Johnson-Davis to install a 16" watermain along S.W. 4th Avenue from the northwest corner at Linton to a point south of Linton near the Delray Industrial Park, in the amount of $27,500 with funds to come from the 1985/86 Capital Outlay. Approval is recommended. 18. Awards Program - Community Appearance of the City. Resolution No. 22-86, initiating an awards program for outstanding contribution to the community appearance of the City, is before Council for consideration. The caption of Resolution No. 22-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, INITIATING AN AWARDS PROGRAM FOR OUTSTANDING CONTRIBUTION TO THE COMMUNITY APPEARANCE OF THE CITY OF DELRAY BEACH. (Copy of Resolution No. 22-86 is on file in the official Resolution Book) - 7 - 04/22/86 19. Easement Abandonment - Blue Seas Subdivision (Blue Surf Apart- ments). Resolution No. 23-86, abandoning a 10-foot utility easement lying within Lots A and B of the Blue Seas Subdivision, located on the west side of A1A, between N.E. 8th Street and Pelican Lane, is before Council for consideration. The area to be abandoned consists of 1300 square feet. The caption of Resolution No. 23-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 10 FOOT UTILITY EASEMENT LYING WITHIN LOTS A AND B OF THE BLUE SEAS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 23-86 is on file in the official Resolution Book) 20. Acceptance of Two Easement Deeds - Landings Subdivision. Council is to consider acceptance of a 12-foot utility easement and 30-foot ingress/egress and utility easement as replacement for the abandoned easements subject to the abandonment of the utility and access easements as set forth in a memorandum from the Planning Director dated February 4, 1986. The property is located at the southwest corner of N.E. 8th Street and Andrews Avenue. Approval is recommended. 21. Abandonment of Utility and Access Easements within the Landings Subdivision. Resolution No. 24-86, abandoning certain utility and ingress/egress easements within The Landings Subdivision, is before Council for consideration. It is zoned RM-10 (Multiple Family Dwelling) District and contains 8.3 acres. The caption of Resolution No. 24-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN UTILITY AND INGRESS/EGRESS EASEMENTS LOCATED WITHIN THE LANDINGS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 42, PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 24-86 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, 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. REGULAR AGENDA 22. Conditional Use and Site Plan Approval - Patio Delra¥. Council ~'s' to consider a request for conditional use and site plan approval to allow renovation of an existing restaurant into a restaurant, retail shops and an office development containing 12,046 square feet, in a three-story structure and to allow the use of adjacent RM-10 (Multiple Family Dwelling) District property for off-street parking. The property is located at the southwest corner of East Atlantic Avenue and Palm Square. It is zoned CBD (Central Business District), in part, and RM-10 (Multiple Family Dwelling) District, in part. The Planning & Zoning Board and Planning Director recommend approval with conditions. Mr. Weatherspoon asked if this request is in compliance with what they are trying to do in the area. Mr. Cohn advised that the new parking code provides that for certain business districts, including CBD, adjacent, abutting property may be used for business parking if approved as a conditional use. - 8 - 04/22/86 Mr. Cohn advised that the petitioner did a parking study and felt they were four spaces deficient for their peak period. The P&Z Board is recommending that they be required to provide those four additional spaces within walking distance of the property and that they be allowed to make an in lieu payment for ten spaces. Further discus- sion was had with regard to the location of the spaces. Mr. Cohn stated the burden is on the petitioner to find those spaces. Mr. Dougherty suggested Council wait until the petitioner can prove he can get those spaces before they approve it. Mr. Bird sug- gested that the DDA be encouraged to use the money they have collected to provide additional parking for this area. This would alleviate the neighborhood and would guarantee additional parking for all of those businesses. Mr. Bird moved that Council direct staff to communicate with the DDA about the desirability of obtaining that lot on the east side as a municipal parking area, 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. Before roll call the following discussion was had: Mayor Campbell stated he would hate to see public funds do what the developer should be doing. Mr. Bird noted these are funds which have been contri- buted by developers. Mayor Campbell stated he is not ready to vote on the conditional use and site plan approval tonight. He has received a communication from the CRA asking postponement of this action in lieu of parking requirements. Mr. Digby Bridges, representing the petitioner, stated that negotiations are now going on for that piece of land and he suggests Council approve the application tonight subject to their acquiring it. A representative of the developer of Patio Delray advised that he has spoken with the owners of the parcel about making available the paved 63' x 125' parcel to the City for public parking and they have agreed to lease it. Mayor Campbell asked Mr. Bird if he would like to amend his motion so the DDA will also consider a long term lease. Mr. Bird felt that sounded like an acquisition. Mayor Campbell clarified that the motion directs the DDA to look into the possibility of acquisition of the lot heretofore known as the Patio parking lot. Mr. Bird added that he would like the DDA to look at the entire parcel, not just the western edge. At this point the roll was called to the motion. Mr. Bird moved to postpone the conditional use and site plan approval to their next regular meeting, pending a report from the DDA, 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. 23. Conditional Use and Site Plan Approval - Little Folk Day Care Center. Council is to consider a request for major modification to an approved conditional use to add 1,785 square feet to a single story structure, located on the west side of N.W. 7th Avenue, between N.W. 3rd Street and N.W. 4th Street. The Planning & Zoning Board and Planning Director recommend approval subject to the following conditions: (1) That the only conditional uses to be allowed hereunder are as follows: Day care center, kindergarten, nursery school, and other preschool facilities. (2) That there be no more than fifty-two (52) children at this facility (per calculation of required play area by Building Department, in accordance with Sec. 30-17(M) (2) & (4). (3) That prior to the issuance of any building permits, clear title must be provided for the area currently designated on the survey as "Hiatus", and this area must legally be made a part of this development. (4) That a Unity of Title acceptable to the City Attorney, joining all lots into one building site, be provided. - 9 - 04/22/86 (5) That the existing single family dwelling unit on the site be used as a caretakers' residence only. (6) That prior to the issuance of any building permits, signed and sealed paving and drainage plans and cost estimates shall be approved by the Engineering Division (per Engineering Division comments). (7) That the site plan be revised to show the existing twenty-four (24) foot driveway on N.W. 7th Avenue as a two-way entrance area (per Engineering Division comments). (8) That the floor plan be revised to show: (a) that doors will be provided for the janitor's closet and bathrooms; (b) that a one-hour fire rated partition for the janitor's closet and storage area will be provided. (per Building Department comments). (9) That provisions be made for the physically handicapped as required for educational facilities (NFPA 101 Sec. 10-1.1.3 - per Building Department comments). (10) That County Health Department approval be obtained prior to the issuance of a building permit. (11) That all improvements are to be made in accordance with the approved site plan. (12) This approval will expire within eighteen (18) months unless at least twenty-five percent (25%) 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 Section 30-21(E) of the Zoning Code. Mr. Weatherspoon moved for conditional use and site plan approval for Little Folk Day Care Center, 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. Before roll call the following discussion was had: Mr. Wea- therspoon noted that the square footage the City requires for outdoor recreation is more stringent than that which the County or State requires. He feels the fact that infants and toddlers will not all be playing outside at the same time means they do not need to provide the maximum number of square feet per child. He suggested the Planning Department look over the ordinance and see whether a modification is warranted. The City Manager advised that Mr. Johnson has researched this point and agrees with Mr. Weatherspoon's observation. They may not need an ordinance change as Mr. Johnson's interpretation will stand. He added further that this may raise the number of children to be allowed. Mrs. Carolyn Young, Little Folk Day Care, felt the Planning and Zoning Board should look at the ordinance with regard to the stringent requirements for square footage for outdoor recreation. Mayor Campbell asked the City Manager to do that. 24. Conditional Use and Site Plan Approval - Seacrest Presbyterian Church. Council is to consider a request for conditional use and site plan approval to allow major revisions to an existing church site, located at the southeast corner of Seacrest Boulevard and Gulfstream Boulevard. It is zoned R-1AA (Single Family Dwelling) District and contains 6.99 acres. The Planning & Zoning Board and Planning Director recommend approval subject to the following conditions: (1) That the only conditional use to be approved hereunder is a church or a place of worship, and its attendant educational, child care, recreational, and columbarium facilities. (2) That the 58 parking spaces with stabilized sod surface be approved; and if at some future time, the Chief Building Official determines that additional paved parking is needed, the stabilized sod parking shall be converted to a paved surface. - 10 - 04/22/86 (3) That prior to the issuance of any building permit a traffic study acceptable to the City shall be approved and that all roadway improvements indicated as needed by the study be constructed prior to receipt of the first Certificate of Occupancy. (4) That the final plat be approved prior to building permit and recorded prior to the receipt of the first Certificate of Occupancy. (5) That two additional stop signs be added. (6) Personnel will be required to direct traffic during peak local situations. (Per Engineering Department) (7) That the area be designated as a "School Zone", as recommended in the Traffic Study prepared by Murray-Dudeck. (8) At the time Phase 2 is completed the proposed curb cut should be closed so that only one curb cut will be provided along Gulfstream Boulevard. (9) That a detailed landscape plan for foundation plantings around the building will be required for final Community Appearance Board approval (Per City Horticulturist com- ments). (10) That all improvements be completed in accordance with the approved site plans. (11) 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 Section 30-21(E) of the Zoning Code. Mr. Bird moved for conditional use and site plan approval for Seacrest Presbyterian Church, 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. 25. Final Plat Approval - Seacrest Presbyterian Church. Council is to consider a request for final plat approval for a proposed religious complex with attendant educational facilities, located at the southeast corner of Seacrest Boulevard and Gulfstream Boulevard. The Planning and Zoning Board and Planning Director recommend approval subject to the following conditions: (1) That prior to the issuance of any building permit a traffic study acceptable to the City shall be approved and that all roadway improvements indicated as needed by the study be constructed prior to receipt of the first Certificate of Occupancy. (2) (a) That all watermain construction of 4" and larger size shall be with ductile iron pipe and PVC mains shall not be allowed. (b) The six inch (6") sized laterals for the sewer shall be ductile iron pipe as these lines are proposed to be installed under driveways and paved parking areas (per Public Utilities comments). (3) That the final plat be revised to include a five (5) foot roadway easement along Gulfstream Boulevard. This roadway easement will not reduce building and landscape setback dimensions. (4) That the final plat be approved prior to the issuance of a building permit and recorded prior to the receipt of the first Certificate of Occupancy. Mr. Bird moved for final plat approval for Seacrest Presbyterian Church, 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. 26. Exchanqe of Property/Revised Catherine Strong Center Lease. Mr. Bird moved for conceptual approval of the lease, 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. - 11 - 04/22/86 Upon question by Mr. Weatherspoon, Mayor Campbell explained that the City takes responsibility for the maintenance of Catherine Strong Center which amounts to about $50,000 over a five year period. In return the County will deed over eight acres of land. 27. Ordinance No. 24-86 - Amending Code - Utility Tax Increase. Ordinance No. 24-86, amending Chapter 25 "Taxation" of the Code of Ordinances to increase the tax on utility services from 7.5% to 8.5%, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 13th. The City Manager presented Ordinance No. 24-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25, "TAXATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "UTILITY SERVICES", SECTION 25-23, "LEVIED; PURCHASER TO PAY", TO INCREASE THE TAX ON UTILITY SERVICES FROM 7.5% TO 8.5% ON THE TOTAL AMOUNT BILLED IN ANY CURRENT MONTH AND ALLOCATING THE REVENUE RESULTING FROM THE TAX INCREASE TO THE CITY OF DELRAY BEACH BEAUTIFICATION PROGRAM; 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. 24-86 on First Reading, seconded by Mr. Weatherspoon. Mrs. Coopersmith presented a prepared statement with regard to the beautification effort. They feel it should be more carefully planned and professionally done. She suggested the City consider floating a bond issue to complete this project as quickly as possible. Mr. Dougherty objected to the words "operating expenses" in the ordinance as he feels it should be payed for out of other revenues. Further, he proposed they put a 15 year limit on the tax increase. Mayor Campbell questioned if they go to a bond can they still utilize this ordinance. The City Attorney advised th~at as written he does not think they could utilize these funds for debt service on such a bond. The language in paragraph (c) would have to be modified to provide for it. Mr. Bird amended his motion to adopt the ordinance on First Reading and to add to paragraph (c) that in addition to uses for capital and operating expenses, that it may also be used for retirement of bonded indebtedness, 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. 28. Ordinance No. 25-86 - Amending Zoninq Code - Industrial Zoninq Districts. Ordinance No. 25-86, amending Chapter 30 "Zoning" of the Code of Ordinances to require that all LI (Light Industrial) Districts and MI (Medium Industrial) Districts be subject to site and development plan approval, is before Council for consideration on First Reading. If passed, Public Hearing will be held May 13th. The City Manager presented Ordinance No. 25-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-14 "LI (LIGHT INDUSTRIAL) DISTRICT" (B) "PERMITTED USES" TO REQUIRE ALL DEVELOPMENTS TO BE SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL; BY AMENDING SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT" (B) "PERMITTED USES" TO REQUIRE ALL DEVELOPMENTS TO BE SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. - 12 - 04/22/86 The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 25-86 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. 29. Delra¥ Beach Housing Authority. Mr. Bird stated the purpose of the Housing Authority is to assist citizens in obtaining a suitable place to live. According to news articles, over several years there has been discrimination against the City of Delray Beach. Other cities in the area have received additional 208 funds while our citizens have not. They have to find out why this situation exists. Mr. Bird moved that the City staff be directed to investigate the allegations which were made with regard to the lack of available 208 funds, specifically in the City of Delray Beach, and that the Housing Authority Chairman be asked by the Mayor to have his staff cooperate in that endeavor with an eye toward resolving it as quickly as possible, reporting to both bodies the findings and recommended course of action to ensure that our citizens will be put back in a position whereby they will share equally in any additional funding which may become available, 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. Before roll call the following discussion was had: Mr. Weatherspoon stated that he does not like to react to information written in a newspaper; however, the fact is they have not received the Section 8 certificates. He feels it is imperative that they resolve this in order to put to rest some of the allegations which have been made and to solve this problem. Mr. Leonard Syrop, Delray Beach Housing Authority, felt Council should have discussed this situation with the Housing Authority before holding a public discussion in response to something stated in the press. Further, that Council should have formally notified the Housing Authority that this item was on tonight's agenda. Council should remember that it was the Housing Authority that brought all this for- ward. They were looking for answers before Council even knew there were questions. The Authority is in the process of eliminating bias on the part of an agency that should be in the forefront of antidiscrimination. A complete review of all the facts will prove that this Board is working effectively to correct and eliminate those problems which they inherited. Council must remember that the majority of members have served for less than two years. He hopes that Council makes any deci- sions or discussions in conjunction with the Housing Authority Board. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 10:25 P.M. 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 22, 1986, which minutes were formally approved and adopted by the City Council 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 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. - 13 - 04/22/86